2008-26926 ResoRESOLUTION NO. 2008-26926
A 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'S REPORT; RECOGNIZING HIS EXEMPLARY
PERFORMANCE; INCREASING THE NET ANNUAL CONTRIBUTION
TO A 401 (a) DEFINED CONTRIBUTION RETIREMENT PLAN
DESIGNATED BY THE CITY MANAGER, ON BEHALF OF THE CITY
MANAGER BY A NET ANNUAL ADDITIONAL CONTRIBUTION OF
SEVEN (7%) PERCENT OF HIS CURRENT BASE SALARY PER
YEAR; ADJUSTING HIS BENEFITS; 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's salary 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 to do so; and
WHEREAS, the above mentioned Employment Contract was amended on
October 17, 2001 by Resolution Number 2001-24655 in recognition 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 recognition of his 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 of his 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 his exemplary 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 on March
8, 2006 by Resolution Number 2006-26155 in recognition of his exemplary fifth 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
sixth 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 17, 2007 by Resolution Number 2007-26698 in recognition of 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 City Manager 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 the period between August 2007 and August 2008 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, 2006-26155: 2006-26343, 2007-26698 and by
this Resolution.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that:
Section 1. The findings set forth are true and correct and adopted as part of this
Resolution.
Section 2. The City Commission grants a two percent (2%) Cost of Living
Adjustment COLA and a five percent (5%) annual merit adjustment pursuant to Section
7; subsection A (Performance Evaluation) of the Employment Contract; and further will
forego any Performance Bonus pursuant to Section7; subsection B (Performance
Evaluation) of the Employment Contract.
Section 3. The City Manager agrees to voluntarily forego the above referenced
annual merit adjustment and Cost of Living Adjustment (COLA} to his base salary.
Section 4. The City agrees to provide and contribute, on an annual basis, an
amount equivalent to an additional net seven percent (7%) of base salary to increase the
annual funding fora 401(a) defined contribution retirement plan designated by the City
Manager: on behalf of the City Manager to fifteen (15%) percent. Further, the City
Manager shall be 100% vested in all amounts contributed annually to the 401 (a) plan
upon deposit of the annual contribution and the amounts contributed to the 401 (a) plan
shall not be included in the City Managers taxable compensation.
Section 5. One year is 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 6. 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 and this resolution until the same is modified, amended: or terminated by action
of the Mayor and City Commission.
Section 7. This Resolution shall become effective upon adoption and be
retroactive to August 21, 2008.
PASSED and ADOPTED this 7`" day of October 2008.
YO
Matti Herrera Bower
A' ~E~~ ~~
ITY CLERK
Robert Parcher
F:lcmgrt$ALUJORGEGON1City Manager's Evaluationl2008 evaluation n;solution.doc
APPROVED AS TO
FORM & NGUAGE
& FO XE CUTtON
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