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Resolution 2018-30383 RESOLUTION NO. 2018-30383 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE COMMITTEE OF THE WHOLE 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, 2017 THROUGH MAY 16, 2018, AMENDING THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT, BY: 1.) APPROVING A SALARY MERIT INCREASE OF THREE PERCENT (3%), RETROACTIVE TO MAY 16, 2018; AND 2.) EXTENDING THE TERM OF THE EMPLOYMENT AGREEMENT OF THE CITY ATTORNEY THROUGH MARCH 31, 2022. 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 1s' of each Contract year; and WHEREAS, on July 17, 2018, the Committee of the Whole met and discussed the annual performance evaluation and salary/benefits review of the City Attorney; and WHEREAS, in consideration and recognition of the City Attorney's performance for Contract Year May 17, 2017 through May 15, 2018, the Mayor and City Commission hereby deem that it is in the best interest of the City to approve an amendment to the City Attorneys Employment Agreement, all as further set forth below. 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 17, 2017 through May 15, 2018, the Mayor and City Commission hereby approve the following amendments to the City Attorney's Employment Agreement: 1 of 2 1. Merit Increase: • Salary: A three percent (3%), one time merit increase to Mr. Aguila's salary, retroactive to May 16, 2018. All compensation listed above shall be paid bi-weekly according to the usual payroll practices of the City. 2. Contract 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 Resolution No. 2016-29514; and as further amended by this Resolution. The Term of the City Attorney's Employment Agreement shall be extended to expire on March 31, 2022 (to coincide with the last day of the City Attorney's DROP). This Resolution shall become effective upon adoption. PASSED and ADOPTED this /7 day of July, 2018. Dan Gelber, ayor ATTEST: 737' i( /w Ra Grdo, ity Clerk feF°'''w * t.INCORP CRATED' * % APPROVED AS TO �`• (O FORM &LANGUAGE "$��'• ...... ....: • '� - 8 FOR EXECUTION CN 26 91191116 2 of 2 City Attorney Daze