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2006-036 RESOLUTION NO. 2006-36 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING FIFTH 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 6, 2006, the City Manager is hereby granted a net bonus of $12,500. Section 2. The Fifth Amendment to Employment Agreement, a copy of which is attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized, in their respective capacities, to execute such Fifth 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 Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb ves ves ves ves ves ves ves Resolution No. 2006-3.2.- Page 2 PASSED AND ADOPTED thO 6" d" Ofl2006. i . '/vJ !!::L( /SUSAN GOTTLiEB. MAYOR APPROVED AS TO LAGAL SUFFICIENCY: r\~ CITY ATTORNEY _ . _~_~'__~_U___'_~_'.'__"'___'_'_ FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT THIS FIFTH AM/;'NDM/;'NT TO ~MPLOYM~NT AGREEMENT is made and entered into this 6th day of June, 2006, 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, June 4,2002; June 1,2004, and June 7, 2005; 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 Fifth Amendment to Employment Agreement (the "Fifth Amendment to 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 1.8 "Insurance Benefits" of the Agreement, IS hereby amended by increasing the "term" life insurance policy to an amount equal to 200% of one year's salary. Section 2. That a new paragraph shall be added as follows: 1 .15 Charter School Operations Oversight. Pay to City Manager an annual stipend of $9,500.00 for the oversight of the charter school operations in addition to his regular annual salary. The stipend amount shall be included for purposes in calculating his annual compensation or salary for benefit purposes. Section 3. 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 Fifth Amendment to Agreement to be signed and executed, in duplicate, the day and year first above written. Cit~ Eric M. Sorok City of Aventura , ;' ~ I I (,' " " '/ , /~ f_ // ...."'--JI."'.,_. ./. >r<. '.,:--' \. ....::;.? ,/)//'~., - Susan Gottliiilb, Mayor Approved as to form and legal sufficiency: y:C? \/1 .~---._)L :_ ~ t '" J -, ~'........ __ City Attorney