R7E-Execute Amendment 1 Employment Agreement With Kathie G BrooksOFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Matti Herrera Bower and Members of the City Commission
Jose Smith, City Attorne{ :)12_J_~ · {)If:\~
December 5, 2012
A RESOLUTION APPROVING AMENDMENT NO. 1 TO AN
EMPLOYMENT AGREEMENT BETWEEN THE CITY AND KATHIE
G. BROOKS, EXTENDING MS. BROOKS' ENGAGEMENT AS CITY
OF MIAMI BEACH INTERIM CITY MANAGER FOR AN ADDITIONAL
THREE (3) MONTH PERIOD
Since the City is continuing its search for a permanent City Manager, the City wishes to
extend Interim City Manager Kathie Brooks' Employment Agreement for an additional three (3)
month period, commencing on January 8, 2013 and ending on April 30, 2013.
Accordingly, the City Attorney has prepared the attached Resolution and Amendment to
the Manager's Employment Agreement.
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Agenda ltem __ ~_'J_E-__
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RESOLUTION NO.---------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 1 TO AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY AND KATHIE G. BROOKS, EXTENDING MS.
BROOKS' ENGAGEMENT AS CITY OF MIAMI BEACH INTERIM
CITY MANAGER FOR AN ADDITIONAL THREE (3) MONTH
PERIOD, COMMENCING ON JANUARY 8, 2013, AND ENDING ON
APRIL 30, 2013
WHEREAS, on June 8, 2012, the Mayor and Commission appointed Kathie G.
Brooks as Interim City Manager (Manager) of the City of Miami Beach (City); and
WHEREAS, on July 18, 2012, the Mayor and City Commission approved
Resolution No. 2012-27976, approving an Employment Agreement (the Agreement) with
Manager to serve as the Interim City Manager of the City of Miami Beach during such
time as the City Commission conducted its search for a new permanent City Manager;
and
WHEREAS, the Term of the Agreement shall expire on January 7, 2013; and
WHEREAS, the City Commission is continuing its search for a permanent City
Manager and therefore wishes to extend the Agreement, and Manager is agreeable to
continue to serve in her capacity as Interim City Manager during such time; and
WHEREAS, the Agreement may be extended by mutual agreement of the
parties.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute
Amendment No. 1 to an Employment Agreement between the City and Kathie G.
Brooks, extending Ms. Brooks' engagement as City of Miami Beach Interim City
Manager for an additional three (3) month period, commencing on January 8, 2013, and
ending on April 30, 2013.
PASSED AND ADOPTED this _____ day of-----2012
ATTEST:
Rafael Granado, City Clerk Matti Herrera Bower, Mayor
F:\A TTO\AGUR\AGREEMENT\Kathie Brooks -Amendment to Employment Agreement RESO 12-5-1 ~PROVED AS TO
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& FOB EXECUTION
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AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
This Amendment No. 1, is made and entered into as of the _ day of
-----• 2012, by and between the City of Miami Beach, Florida, a municipal
corporation (City), and Kathie G. Brooks (Manager). The City and Manager may also
be referred to herein, individually, as a "Party" and, collectively, as the "Parties."
WITNESSETH:
WHEREAS, on July 18, 2012, the Mayor and City Commission approved
Resolution No. 2012-27976, approving an Employment Agreement (the Agreement)
with Kathy G. Brooks (Manager) to serve as the Interim City Manager of the City of
Miami Beach during such time as the City Commission conducted its search for a new
permanent City Manager; and
WHEREAS, the Term of the Agreement shall expire on January 7, 2013; and
WHEREAS, the City Commission is continuing its search for a permanent City
Manager and therefore wishes to extend the Agreement, and Manager is agreeable to
continue to serve in her capacity as Interim City Manager during such time; and
WHEREAS, the Agreement may be extended by mutual agreement of the
parties.
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
1. Section 2 of the Agreement, entitled "Term," is amended to extend the Term of
the Agreement for an additional period of three (3) months. Accordingly, the
parties agree that the new Termination Date of the Agreement shall be April 30,
2013.
2. Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and continue in full force and effect.
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510
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties
hereto as of the day and year first above written.
Attest: FOR CITY OF MIAMI BEACH, FLORIDA:
Rafael E. Granado, City Clerk Matti Herrera Bower, Mayor
___ day of _____ , 2012.
Witness Signature
_day of _____ , 2012.
Print Name
Witness Signature
Print Name
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APPROVED AS TO
''ORM & LANGUAGE
6 FOR EXECUTION
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Date