2013-33RESOLUTION NO. 2013 -33
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF AVENTURA
AND THE CITY MANAGER; AUTHORIZING MAYOR TO EXECUTE
SAID AMENDMENT TO AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds that approval of the attached Amendment to
Employment Agreement, between the City of Aventura and the City Manager, constituting the
8th amendment to the Employment Agreement of April 19, 1996, is in the best interest of the
City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA:
Section 1: That the attached Amendment to Employment Agreement (the"
Agreement ") is hereby approved, and the Mayor is hereby authorized to execute said
Agreement on behalf of the City, once approved by the City Attorney as to form and legal
sufficiency.
Section 2: That this Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner Joel, who moved its adoption.
The motion was seconded by Commissioner Enbar Cohen, and upon being put to a vote, the
vote was as follows:
Commissioner Enbar Cohen
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Howard Weinberg
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Michael Stern
yes
Mayor Susan Gottlieb
no
Resolution No.2013- 33
Page 2
PASSED AND ADOPTED this 17th day of
ATTEST:
A XLal�—
ESA M. S�) MMC
'CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
July, 2013.
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G :C/
SUSAN GOTTLIEB, MAYOR
AMENDMENT TO EMPLOYMENT AGREEMENT
This amendment to Employment Agreement is entered into this _day of July, 2013, by
Eric M. Soroka ( the "City Manager" ) and the City of Aventura, Florida ( the " City" ) .
I. Agreement Amended. The Employment Agreement of April 19, 1996, between the
City and City Manager, as previously amended, (the " Agreement" ) is hereby further
amended by marking the existing first paragraph of Section 1.10 as paragraph (a), and
adding the following new paragraph as paragraph (b) of Section 1.10 of the
Agreement, which describes City's obligations, to read as follows:
1.10
(a) To defend, save harmless and indemnify CITY MANAGER against any tort,
professional liability claim or demand or other legal action arising out of an alleged act
or omission occurring in the performance of his duties as CITY MANAGER.
(b) The City Commission, on behalf of CITY, hereby recognizes, confirms and agrees that
each and every action taken by the CITY MANAGER, which, in any way, concerns the
hiring, retention, management, and termination of the employment of Dr. Katherine
Murphy as Principal of the CITY'S charter school, was done by the CITY MANAGER on
behalf of and in the best interest of the CITY, in accordance with law. Accordingly, the
indemnification protections provided to the CITY MANAGER by paragraph (a) of this
Section 1.10 of the Agreement, shall apply to and serve to protect the CITY MANAGER
from any personal liability in reference to any prior or pending claims concerning Dr.
Murphy or her employment status with the CITY. This paragraph (b) shall not, in any
way, diminish the protections which are provided to the CITY MANAGER under Sections
111.07, 111.071, and 768.28(9)(a), Florida Statutes. This paragraph (b) is supported by
the Trial Court's Judgment issued on the 7th day of November, 2012, in favor of the CITY
MANAGER in the case of Murphy vs. City of Aventura, et al, Case Number 09 -57209 CA-
01, in the Circuit Court of the Eleventh Judicial Circuit of Miami- Dade County, Florida,
which is presently pending on appeal in the Third District Court of Appeal, but is not
dependent upon said Judgment or the outcome of the appeal.
II. Agreement Remains In Effect. Except as provided above, the Employment
Agreement, as previously amended, shall remain in full force and effect.
EXECUTED THIS 101 DAY OF JULY, 2013.
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ATTEST:
Lo— �
1 CLERK
Approved as to Form and
Legal Sufficiency:
City Attorney
ERIC M. SOROKA
C
BY:
Eric M. Soroka,
ager