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2016-29514 Reso RESOLUTION NO. 2016-29514 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE ANNUAL PERFORMANCE EVALUATION OF THE CITY ATTORNEY; AND, IN CONSIDERATION AND RECOGNITION OF THE CITY ATTORNEY'S PERFORMANCE DURING CONTRACT YEAR MAY 16, 2015 THROUGH MAY 15, 2016, AMENDING THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT, BY: 1.) APPROVING A SALARY MERIT INCREASE OF THREE PERCENT (3%), EFFECTIVE AS OF AND RETROACTIVE TO MAY 16, 2016; 2.) INCREASING THE CITY'S CURRENT CONTRIBUTION TO THE CITY ATTORNEY'S 457(b) DEFERRED COMPENSATION PLAN TO $24,000 A YEAR; 3.) PROVIDING THE CITY ATTORNEY, FOR THE TERM OF THE EMPLOYMENT AGREEMENT, COST- OF-LIVING ADJUSTMENT(S) (COLA) EQUIVALENT TO THAT RECEIVED BY UNCLASSIFIED EMPLOYEES; AND 4.) EXTENDING THE TERM OF THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT FOR AN ADDITIONAL THREE (3) YEARS, WITH SUCH RENEWAL TERM COMMENCING ON MAY 16, 2017, AND ENDING ON MAY 15, 2020. WHEREAS, at its meeting on April 9, 2014, the Mayor and City Commission unanimously approved Resolution No. 2014-28540, appointing Raul J. Aguila to the position of City Attorney of the City of Miami Beach, effective May 16, 2014; and WHEREAS, Mr. Aguila's engagement is reflected in an Employment Agreement, dated July 24, 2014, and unanimously approved by the City Commission pursuant to Resolution No. 2014-28692 (the Employment Agreement); and WHEREAS, on May 15, 2015 Mr. Aguila's contract was further amended pursuant to Resolution No. 2015-29186; and WHEREAS, the Employment Agreement provides for an annual performance review and evaluation of the City Attorney, at which time the City Commission shall review the annual salary and/or other benefits of the City Attorney, and shall make adjustments in such amounts and to such extent as the City Commission may determine it is desirable to do so; and WHEREAS, the Employment Agreement further provides that an annual salary review of the City Attorney will be made every year within thirty (30) days after May 1st of each Contract year; and WHEREAS, Commissioner Ricky Arriola, as Chair of the City's Finance and Citywide Projects Committee, was charged with and has conducted Mr. Aguila's annual performance evaluation and salary/benefits review; and WHEREAS, in consideration and recognition of the City Attorney's performance for Contract Year May 15, 2015 through May 16, 2016, the Mayor and City Commission hereby deem that it is in the best interest of the City to approve an amendment to the City Attorney's Employment Agreement, all as further set forth below. 1 of 2 NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, in consideration and recognition of the City Attorney's performance during Contract Year May 15, 2015 through May 16, 2016, the Mayor and City Commission hereby approve the following amendments to the City Clerk's Employment Agreement: 1. Compensation: • Salary: A three percent (3%), one time merit increase to Mr. Aguila's salary, retroactive to May 16, 2016; • 457(b) Deferred Compensation Plan: An increase to the City's current contribution to Mr. Aguila's 457(b) Deferred Compensation Plan from $10,000, to $24,000 a year. • Cost-Of-Livinq Adjustments (COLA): Providing Mr. Aguila, for the term of the Employment Agreement, cost-of-living adjustment(s) (COLA) equivalent to that received by Unclassified Employees. All compensation listed above shall be paid bi-weekly according to the usual payroll practices of the City. 2. Term: A 3 year extension to the term of Mr. Aguila's Employment Agreement with such renewal term commencing on May 16, 2017, and ending on May 15, 2020. Mr. Aguila's engagement as City Attorney shall continue under and pursuant to the terms and conditions of his Employment Agreement, as approved pursuant to Resolution No. 2014-28692; amended pursuant to Resolution No. 2015-29186; and as further amended by this Resolution, unless and until the same is modified, amended or terminated by action of the Mayor and City Commission. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 13th day of July, 2016. • Philip Li,;•-e; -ayor ATTEST: �������agq�Iv s� � g �C4�h �C ��x 0 APPROVED AS TO ' ti APPRO Z` f� FORM &LANGUAGE Ra el E. Granado, Cit :Gteerk &FOR EXECUTION • 4 -0)13 r/lAri---/p4-- 7-7-* .... 2 Of 2 /citliAttomeY p MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Commissioner Ricky Arriolj DATE: July 13, 2016 SUBJECT: A RESOLUTION RELATING TO THE ANNUAL PERFORMANCE EVALUATION OF THE CITY ATTORNEY. On May 11, 2016, the City Commission referred to the Finance and Citywide Projects Committee a discussion relating to City Attorney Raul Aguila's annual performance evaluation. On June 17, 2016, the Finance and Citywide Projects Committee met, and directed me, as the Chairperson of the Committee, to conduct Mr. Aguila's annual performance evaluation and salary/benefits review. On June 23, 2016, I met with Mr. Aguila and discussed his performance and achievements in the past year. Based on Mr. Aguila's diligent and thorough discharge of his duties, I hereby recommend that the City Commission approve the business terms I negotiated with the City Attorney, which are outlined hereto in the Term Sheet attached as Exhibit "A". All other terms and conditions remain unchanged from those included in the City Attorney's May 16, 2014 Employment Agreement. Attachment: Exhibit A • F:IATTOIAAOFFIAAOFFICAO AGUILAICONTRACT AND RENEWALS1071316 City Attorney Employment Annual Performance Evaluation-Memorandum.docx Agenda Item R 1 D D Date 1-13-Trio Exhibit"A" City Attorney Contract Term Sheet Compensation: • Salary: A three percent (3%), one time, increase to Mr. Aguila's salary, retroactive to May 16, 2016. Current Base Salary: $263,679.78 + 3% merit increase effective May 16, 2016: $ 7,910.39 New Salary: $ 271,590.17 • 457(b) Deferred Compensation Plan: An increase to the City's current contribution to Mr. Aguila's 457 Deferred Compensation Plan from $10,000 to $24,000 a year. • Cost-Of-Livinq Adjustments (COLA): Providing Mr. Aguila, for the term of the Employment Agreement, cost-of-living adjustment(s) (COLA) equivalent to that received by unclassified employees. All compensation listed herein shall be paid bi-weekly according to the usual payroll practices of the City. Renewal Term: Three (3) year extension of Mr. Aguila's Employment Agreement commencing on May 16, 2017, and terminating on May 16, 2020. Mr. Aguila's engagement as City Attorney shall continue under and pursuant to the terms and conditions of the May 16, 2014 Employment Agreement, as approved pursuant to Resolution No. 2014-28692; and amended pursuant to Resolution No. 2015- 29186, and as further amended by this proposed Resolution, until the same is modified, amended or terminated by action of the Mayor and City Commission.