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2002-032RESOLUTION NO. 2002-32 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SECOND 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, 2002, the City Manager is hereby granted a bonus of $17,500 in accordance with Section 166.021(7) Florida Statutes. Section 2. The Second Amendment to Employment Agreement, a copy of which is attached hereto, amending Section 4.2 "Termination by City", 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 Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Cohen, upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Manny Gressman yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Jeffrey M. Perlow yes Resolution No. 2002- 3__2 Page 2 PASSED AND ADOPTED this 4th day of June, 2002. ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SECOND AMENDMENT TO EMPLOYMENT AGREEMENT THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into this 4t~ day of June, 2002, 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 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 Second Amendment to Employment Agreement (the "Second Amendment to Agreement"); and WHEREAS, the Agreement, as previously amended and as amended herein, shall constitute the Second 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 4 "Termination by City" , of the Agreement, is hereby amended, by amending Section 4.2 to provide for an increase in the Salary and Retirement Contribution components of severance pay from six months to one year. 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 Second Amendment to Agreement to be signed and executed, in duplicate, the day and year first above written. cit A e. e o..Erl c M' S°r°ka CMCJ, City Clerk Approved as to form and legal su~ci~.nc.y.~ /' City AttOrney