Third Amendment to Employment Agreement with Rafael A. Paz 2029 -33oaz
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THIRD AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN
RAFAEL A. PAZ AND CITY OF MIAMI BEACH, FLORIDA
This Amendment No. 3 (Amendment) to the Employment Agreement, dated as of October 13,
2021 (Agreement), by and between the City of Miami Beach, Florida (City), and Rafael A. Paz
("Rafael Paz" or"Mr. Paz"), is entered into as of this 3rd day of April, 2024.
RECITALS
WHEREAS, on December 9, 2020, the Mayor and City Commission approved
Resolution No. 2020-31531, appointing Rafael Paz as Acting City Attorney; and
WHEREAS, on October 13,2021,the Mayor and City Commission approved Resolution
No. 2021-31907, appointing Rafael Paz to the position of City Attorney of the City of Miami
Beach; and
WHEREAS, Rafael 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 an amendment 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, 2022; and
WHEREAS, on September 13, 2023, via Resolution No. 2023-32777, the Mayor and
City Commission approved a second amendment 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, Rafael Paz submitted a letter to the Mayor and City
Commission advising them of his decision to step down as City Attorney, effective May 28, 2024;
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 Rafael 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.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and Consultant hereby agree to amend the Agreement as follows:
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1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended as follows:
(a) Notwithstanding any provision in City Attorney's Employment Agreement to the
contrary, Rafael 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.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the
provisions of this Amendment and the Agreement, the provisions of this Amendment shall
govern.
IN WITNESS WHEREOF, the parties hereto have'caused.this Amendment to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST: • •
-4/ •
Rafael . Granado, City Clerk Steven Meiner, Mayor
MAY Q 2 2024
Date 114%.!,BEq�c,,,,
=�\ '5\ APPROVED AS TO
I FORM&LANGUAGE
FOR RAFAEL PAZ: NCOAP OAATE _ &FOR EXECUTION
'9RC`H 26M • .
By: ity Attorney Date
Rafael A. Paz
Date
•
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 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, 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. Apra l . . , 2024.
ATTEST:
APR Pi 2024 4veMeiner, Mayor
.Rafael Granado, City Clerk
icy
IN(OAPtA1EDI
APPROVED AS TO
FORM&LANGUAGE
& OR EXECUTION
•¢f T'J Zen.¢
•City Attorney Date
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