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2009-27241 ResoRESOLUTICgV NO 2009-27241A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA RELATING TO THE ANNUAL EVALUATION OF THE CITY MANAGER RECEIVING THE CITY MANAGER SREPORT RECOGNIZING HIS EXEMPLARY PERFORMANCE VOLUNTARILY FOREGOING ANY ANNUAL MERIT ADJUSTMENT AND COST OF LIVING ADJUSTMENT COLA TO HIS BASE SALARY EXTENDING HIS EMPLOYMENT CONTRACT BY 2 YEARS ADJUSTING HIS EMPLOYMENT CONTRACT ACCORDINGLY AND SETTING AN EFFECTIVE DATE WHEREAS Jorge M Gonzalez assumed the role of City Manager on August 21 2000 and WHEREAS Mr Gonzalez engagement is reflected in an Employment Contract dated July 26 2000 adopted by the City Commission on July 26 2000 which establishes his first year ssalary and setting other terms conditions and benefits and WHEREAS one of the terms of his Employment Contract provides for an annual performance review and further provides for salary and benefits adjustments and performance bonuses in such amounts and to such extent as the City may determine that it is desirable todo so and WHEREAS the above mentioned Employment Contract was amended on October 17 2001 by Resolution Number 2001-24655 inrecognition of his exemplary first year performance evaluation and ensuing adjustments to salary and other aspects of the Employment Contract were made and WHEREAS the above mentioned Employment Contract was amended on December 11 2002 by Resolution Number 2002-25093 in recognitionofhis exemplary second year performance evaluation and ensuing adjustments to salary and other aspects of the Employment Contract were made and WHEREAS the above mentioned Employment Contract was amended on January 14 2004 by Resolution Number 2004-25467 in recognition ofhis exemplary third year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made and WHEREAS the above mentioned Employment Contract was amended on March 16 2005 by Resolution Number 2005-25855 in recognition of hisexemplary fourth year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made and WHEREAS the above mentioned Employment Contract was amended onMarch 82006 by Resolution Number 2006-26155 in recognition ofhis exemplaryfifth year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made and WHEREAS the above mentioned Employment Contract was amended on October 11 2006 by Resolution Number 2006-26343 in recognition of his exemplary sixthyear performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made and 2009-27241WHEREAS the above mentioned Employment Contract was amended on October 17 2007 by Resolution Number 2007-26698 inrecognition of his exemplary seventh year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made and WHEREAS the above mentioned Employment Contract was amended on October 7 2008 by Resolution Number 2008-26926 in recognitionof his exemplary seventh year performance evaluation and ensuring adjustments to salary and other aspects of the Employment Contract were made and WHEREAS the City Manager has resided within the City of Miami Beach for the convenience of the City of Miami Beach and such condition of employment was and is necessary in order for the City Manager to properly perform his duties to the citizens of Miami Beach since as a 24 hour on-call position the CityManager is required to participate in and attend civic meetings other functions and generally be available at all times to perform his duties and WHEREAS the Mayor and members of the City Commission have reviewed the City Manager s Report for theperiod between August 2008 and August 2009 and have personally related with and observed the City Manager during the period of his service and upon such review and observation find and determine that his performance has been beneficial for the City and that his Employment Contract should be adjusted and WHEREAS in recognition of his exemplary performance and achievements in accomplishing the objectives of the City Commission it is the desire of the Mayor and Commission to continue Mr Gonzalez engagement under the terms and conditions as set forth in that Employment Contract as amended by Resolution Numbers 2001-24655 2002-25093 2004-25467 2005-25855 2006-261552006-26343 2007-266982008-26926and bythis ResolutionNOW THEREFOREBE ITDULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA that Section 1 Thefindings set forth are true and correct and adopted as part of this Resolution Section 2The City Manager agrees to voluntarily forego any annual merit adjustment and Cost of Living Adjustment COLA to his base salary that would be appropriate pursuant to his exemplary performance this past year as provided for in the Employment Contract Section 3 2 years are added to the term of the Employment Contract and all other necessary adjustments to the Contract are made to reflect said change pursuant to Section 2 subsection A of the Employment Contract Section 4 Mr Gonzalez engagement as City Manager shall continue under and pursuant to the terms of the Employment Contract as amended by Resolution Numbers 2001-24655 2002-25093 2004-25467 2005-25855 2006-26155 2006-26343 2007-26698 2008-26926 and this resolutionuntil thesame ismodified amendedor terminatedby actionof the Mayor andCity Commission Section 5 This Resolution shall become effective upon adoption and be retroactive to August 21 2009 2009-27241PASSED and ADOPTED this 14th day of October 2009 R Ma i Herrera Bower TEST L lCITY CLERK Robert Parcher F cmg1IQ1CjtKManagersEvaluation12008evaluation resolution docFARM LANG Ua7AGvvEU 14 04 D