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Resolution 2024-33002 RESOLUTION NO. 2024-33002 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CITY ATTORNEY RAFAEL PAZ'S EMPLOYMENT AGREEMENT BY PROVIDING FOR (1) AN EARLIER SEPARATION DATE OF MAY 3, 2024, AND (2) SEPARATION PAYMENTS THROUGH JULY 26, 2024, IN AN AMOUNT CONSISTENT WITH THE SEPARATION PAYMENTS AS SET FORTH IN SECTION 9 OF THE EMPLOYMENT AGREEMENT, PROVIDED MR. PAZ REMAINS CONTINUALLY AVAILABLE TO PROVIDE ADVICE AND CONSULTATION TO THE NEW CITY ATTORNEY, RICARDO J. DOPICO,THROUGH JULY 26, 2024. WHEREAS,on October 13,2021,the Mayor and City Commission approved Resolution No. 2021-31907, appointing Rafael A. Paz to the position of City Attorney of the City of Miami Beach; and WHEREAS, Mr. Paz's engagement is reflected in an Employment Agreement dated as of October 13, 2021,and unanimously approved by the City Commission on October 27, 2021, pursuant to Resolution No. 2021-31917(the"Employment Agreement"); and WHEREAS, on September 14, 2022, via Resolution No. 2022-32326, the Mayor and City Commission approved certain amendments to the City Attomey's employment agreement, based on the annual performance evaluation and salary/benefits review of the City Attorney for the contract year ending October 13, 2022; and WHEREAS, on September 13, 2023, via Resolution No. 2023-32777, the Mayor and City Commission approved certain additional amendments to the City Attorney's employment agreement based on the annual performance evaluation and salary/benefits review of the City Attorney for the contract year ending October 13, 2023; and WHEREAS, on February 26; 2024, Mr. Paz submitted a letter to the Mayor and City Commission advising them of his decision to step down as City Attorney; and WHEREAS, on April 3, 2024, the City Commission unanimously appointed Deputy City Attorney Ricardo J. Dopico as Acting City Attorney until the expiration of Mr. Paz's employment agreement, following which Mr. Dopico will serve as City Attorney; and WHEREAS, in order to provide for a seamless transition of all duties of the Office of City Attorney, the City Commission and Mr. Paz have mutually agreed to an earlier termination date of May 3,2024,and separation payments as set forth in Section 9 of the Employment Agreement through and including July 26, 2024(the"Consulting Period Expiration Date"), provided Mr. Paz remains continually available to provide advice and consultation to the City Attorney through the Consulting Period Expiration Date; and WHEREAS, 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. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITYCOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the following amendments to the City Attorney's Employment Agreement: 1. Notwithstanding any provision in City Attorney's Employment Agreement to the contrary, Rafael A. Paz and the City mutually agree to a termination date of May 3, 2024, with Mr. Paz to receive separation payments as set forth in Section 9 of the Employment Agreement through July 26, 2024 (the "Consulting Period Expiration Date"), provided Mr. Paz remains continually available to provide advice and consultation to the City Attorney through the Consulting Period Expiration Date, to ensure a seamless transition of all duties of the Office. 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 3 day of April , 2024. ATTEST: • APR 1 6 20Z4 Steven Meiner, Mayor _ _. Rafael . Granado, City Clerk fr:1143:8., INCORP RATEID 1 ,c1-1 2.. ' 6 ., APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION 1$: ¢f/r/ 2oz City Attorney Date 2