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96-22164 RESO RESOLUTION NO. 96-22164 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE ANNUAL EVALUATION OF THE CITY ATTORNEY; RECEIVING THE CITY ATTORNEY'S REPORT; FINDING HIS PERFORMANCE TO BE SATISFACTORY; AWARDING DEFERRED COMPENSATION; SETTING AN EFFECTIVE DATE. WHEREAS, Murray H. Dubbin was appointed permanent City Attorney on September 27, 1995, effective October 16, 1995, having served as Interim City Attorney from June 25, 1995; and WHEREAS, Mr. Dubbin's engagement is reflected in a memorandum of September 25, 1995 approved by the Mayor and Commission, which establishes his first year's salary and setting other terms, conditions and benefits; and WHEREAS, one of the terms of his employment provided for an annual performance review and further provided: "City may award deferred compensation of$7,500 (upon satisfactory review)"; and WHEREAS, the Mayor and members of the City Commission have reviewed the City Attorney's Report for the preceding fiscal year and have personally related with and observed the City Attorney during the period of his service and upon such review and observation find and determine that his performance has been satisfactory and beneficial for the City and that he should be awarded deferred compensation as provided in his engagement memorandum; and WHEREAS, it is the desire of the Mayor and Commission to continue Mr. Dubbin's engagement under the terms and conditions as set forth in that memorandum attached hereto and made a part hereof. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: SECTION ONE: The findings set forth are true and correct and adapted as part of this Resolution. SECTION TWO: The City Attorney is awarded deferred compensation in the amount of$7,500. SECTION THREE: Mr. Dubbin's engagement as permanent City Attorney shall continue under and pursuant to the terms of the memorandum of engagement which is attached hereto and made a part hereof until the same is modified, amended or terminated by action of the Mayor and Commission. SECTION FOUR: This Resolution shall become effective upon adoption. R oW fCv-~ CITY CLERK , 1996. PASSED and ADOPTED this ...2.!L day of ATTEST: MAYO By Date YMF:\$ALL:\JAMIE\CITY A TTYRES 2 MEMORANDUM OF ENGAGEMENT SUBJECT: City Attorney's Compensation Plan DATE: October 9, 1996 1. Base Salary As annually set and budgeted by the City Commission. 2. Annual Performance Review City may award deferred Compensation of $7,500 (upon satisfactory review) 3. Vacation Schedule Same as general unclassified employees. 4. Health and Life Insurance City will provide and pay for coverage for City Attorney and dependant for Hospital Major Medical and Surgical in form similar to the present Humana PPO Plan and term life in an amount to be agreed. 5, Retirement City Attorney will participate in City Defined Contribution Plan 401 (A) as described in manual, page 18. 6. Outside Activity City Attorney will devote full working time to City, provided he may continue as General Counsel to Florida Podiatric Medical Association and Dependable Protective Mutual Insurance Company, which service is predominantly performed on weekends with approximately ten days per year of weekday service. May continue to occasionally serve as Circuit Court and U.S. District Court Mediator. May continue as Director ofMekanika, Inc. (a biomedical incubatee). 7. North Bay Village Will provide legal counsel through an appropriate agreement between cities. Compensation from North Bay Village to be paid or credited to Miami Beach. 8. Professional Memberships and Continuing Education City will pay for memberships required for or supportive of service to City, such as dues to Florida Bar (local government section); American Bar Association; Dade County Bar; National Institute of Municipal Legal Officers; State and Local League of Cities and municipal attorneys organizations. City will pay costs of attendance at seminars and CLE programs needed to maintain membership in Bar or programs designed to maintain and enhance skills used in representing the City. 9. Civic Organizations City Attorney will continue at his own expense membership in civic organizations, such as Anti Defamation League, Center for Health Technologies and Jewish Museum of Florida. 10. Automobile City Attorney will be provided with an appropriate motor vehicle for unrestricted use together with insurance for liability, property damage, comprehensive insurance and operation, maintenance and repair, as normally provided for City operated vehicles. c:\compplan OFFICE OF THE CITY ATTORNEY ~ tf~1JeaM F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. ~ 1l.)..91o DATE: OCTOBER 9,1996 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION JOSE GARCIA-PEDROSA CITY MANAGER '1 ~ FROM: MURRAY DUBBIN 11 IA ~~ CITY ATTORNEY / VVI SUBJECT: RESOLUTION RELATING TO THE ANNUAL EVALUATION OF THE CITY ATTORNEY; RECEIVING THE CITY ATTORNEY'S REPORT; FINDING HIS PERFORMANCE TO BE SATISFACTORY; AWARDING DEFERRED COMPENSATION; SETTING AN EFFECTIVE DATE. Attached, please find Resolution for your review and approval. City Attorney's Report for Evaluation will be submitted prior to consideration. MHD/ym Attachments Date R tOot 8 l 0-'1 -tl t.- Agenda Item 1700 Convention Center Drive - FourdI1"loor - Miami Beach, Florida 33139