2017-29959 ResolutionRESOLUTION NO. 2017-29959
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE 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, 2016 THROUGH MAY 15, 2017,
AMENDING THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT,
BY: 1.) APPROVING A SALARY MERIT INCREASE OF TWO
PERCENT (2%), EFFECTIVE AS OF AND RETROACTIVE TO MAY 16,
2017; 2.) A CONTRIBUTION OF $6,700 A YEAR BY THE CITY TO THE
CITY ATTORNEY'S INDIVIDUAL RETIREMENT ACCOUNT {IRA); AND
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.
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 151 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, 2016 through May 16, 2017, 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.
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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, 2016 through May
16, 2017, the Mayor and City Commission hereby approve the following amendments to the City
Clerk's Employment Agreement:
1. Compensation:
• Salary: A two percent (2%), one time merit increase to Mr. Aguila's salary,
retroactive to May 16, 2017.
• Individual Retirement Account (IRA) Funding: City annual contribution $6,700.00,
retroactive to February 1, 2017, and thereafter due on February 1st of each contract
year during the Term of the Agreement.
• Cost-Of-Living 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:
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 _;ft_ day of July, 2017.
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Resolutions • R7 AE
MlAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Vice-Mayor Ricky Arriola
DATE: July 26, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE 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, 2016 THROUGH MAY 15,
2017, AMENDING THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT, BY: 1.)
APPROVING A SALARY MERIT INCREASE OF TWO PERCENT (2%), EFFECTIVE
AS OF AND RETROACTIVE TO MAY 16, 2017; 2.) A CONTRIBUTION OF $6,700 A
YEAR BY THE CITY TO THE CITY ATTORNEY'S INDIVIDUAL RETIREMENT
ACCOUNT (IRA); AND 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.
ANALYSIS
On May 17, 2017, the City Commission referred to the Finance and Citywide Projects Committee a
discussion relating to the City Attorney Raul J. Aguila's annual performance evaluation.
On May 19, 2017, the Finance and Citywide Projects Committee met, and directed Vice-Mayor Ricky
Arriola, as the Chairperson of the Committee, to conduct Mr. Aguila's annual performance evaluation
and salary/benefits review.
On June 2, 2017, Vice-Mayor Arriola 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
Vice-Mayor Arriola recommended that the Finance and Citywide Projects Committee approve the
business terms that he 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 current Employment Agreement.
On June 30, 2017, the Finance and Citywide Projects Committee favorably recommended the
approval of the business terms that Vice-Mayor Arriola negotiated with the City Attorney.
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Legislative Tracking
Office of the City Attorney
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
ci Resolution
ci Exhibit A -CA's Employment Annual Performance Evaluation
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EXHIBIT "A"
City Attorney Contract Term Sheet I June 30, 2017
• 2% Merit Increase retroactive to contract anniversary date, 05/16/17
Current Base Salary: $ 274,306.24
+ 2% merit Increase: $ 5,486.12
$ 279.792.36 New Base Salary:
• Individual Retirement Account: City annual contribution $6,700.00, retroactive to
February 1, 2017, and thereafter due on February 1st of each contract year during the
Term of the Agreement.
• COLA: If unclassified personnel are issued a COLA the City Attorney shall
automatically be entitled to the same.
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