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2004-035 RESOLUTION NO. 2004-35 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THIRD AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Employment Agreement (the "Agreement") between the City Manager and the City of Aventura (the "City") provides for an annual evaluation of the performance of the City Manager in accordance with Section 1.4 of the Agreement; and WHEREAS, the City Commission has conducted an evaluation of the City Manager's performance and finds that the City Manager's performance is excellent; and WHEREAS, the City Commission desires to grant a merit bonus and other benefits to the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Effective June 1, 2004, the City Manager is hereby granted a net bonus of $15,000. Section 2. The Third Amendment to Employment Agreement, a copy of which is attached hereto, amending Section 1.15 "Retirement Health Savings Program", is hereby approved and the Mayor and City Clerk are hereby authorized, in their respective capacities, to execute such Second Amendment to Employment Agreement on behalf of the City. Section 3. This Resolution shall take effect immediately upon adoption. The foregoing Resolution was offered by Vice Mayor Diamond, who moved its adoption. The motion was seconded by Commissioner Cohen, upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Bob Diamond Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes Resolution No. 2004-35 Page 2 PASSED AND ADOPTED this 1st day of June, 2004. 1#;42 - J FREY M. PERLOW, MAYOR APPROVED AS TO fEGAL SUFFICIENCY: CITY fT~ THIRD AMENDMENT TO EMPLOYMENT AGREEMENT THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this 1 st day of June, 2004, by and between the City of Aventura (the "City") and Eric M. Soroka, City Manager ("Soroka" or "City Manager"). WHEREAS, on April 19, 1996, the parties entered into the Employment Agreement (the "Agreement") providing the terms and conditions of Soroka's employment as City Manager of City, which Agreement was amended on July 21, 1997 and June 4, 2002; and WHEREAS, in accordance with the annual evaluation conducted by the City Commission pursuant to Section 1.4 of the Agreement, the parties desire to further amend the Agreement as provided in this Third Amendment to Employment Agreement (the "Third Amendment to Agreement"); and WHEREAS, the Agreement, as previously amended and as amended herein, shall constitute the Third Amended Agreement. NOW, THEREFORE AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE CITY AND CITY MANAGER AGREE THAT THE AGREEMENT, AS PREVIOUSLY AMENDED, IS HEREBY FURTHER AMENDED, AS FOLLOWS: Section 1. That Section 1 of the Agreement, is hereby amended, by adding the following: 1.15 Retirement Health savings Program. Take all actions necessary to enroll the City Manager in the ICMA VantageCare Retirement Health Savings Plan (RHS Program). The City shall make a contribution into the RHS Program, on behalf of City Manager, equal to 4% of the City Manager's salary. The contribution shall be made in payments coinciding with each salary payment to City Manager. Section 2. City and City Manager further agree that all other terms and conditions contained in the Amended Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and City Manager have caused this Third Amendment to Agreement to be signed and executed, in duplicate, the day and year first above written. City of A~ ~~. Perlow, Mayor Approved as to form and legal sufficiencr r~4 City Attorne