HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-016Temp. Reso. #TR13892
January 25, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - 0 1
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
AND AUTHORIZING THE EXECUTION OF THE
EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF TAMARAC AND LEVENT SUCUOGLU AS
CITY MANAGER, ATTACHED HERETO AS
"EXHIBIT A" AND INCORPORATED HEREIN;
AUTHORIZING AND DIRECTING THE
APPROPRIATE CITY OFFICIALS TO TAKE ANY
AND ALL ACTIONS NECESSARY TO
EFFECTUATE THE INTENT OF THIS
RESOLUTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 14, 2022, City Commission appointed Levent
Sucuoglu to be the next City Manager, effective March 4, 2023 and directed the
City Attorney to negotiate an Employment Agreement with Mr. Sucuoglu by
February 8, 2023; and
WHEREAS, the negotiated Employment Agreement, attached hereto as
"Exhibit A" and incorporated herein; and
WHEREAS, the City Commission finds that approving and authorizing the
execution of the attached Employment Agreement is in the best interest of the
citizens and residents of the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
Temp. Reso. #TR13892
January 25, 2023
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SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac, Florida, hereby
approves and authorizes the execution of the Employment Agreement between
the City of Tamarac and Levent Sucuoglu as City Manager, attached hereto as
"Exhibit A" and incorporated herein.
SECTION 3: All appropriate city officials are hereby authorized and directed
to take any and all action necessary to effectuate the intent of this Resolution.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
Temp. Reso. #TR13892
January 25, 2023
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SECTION 6: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this Z7(A day of '.)_A1"ju0't
2023.
ATTEST:
KIMBFIRI Y DILLON, CMC
CITY CLERK
if '1j]6
MICHELLE J. OMEZ
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
y�S
DIST 1:
V/M BOLTON
DIST 2:
COMM. WRIGHT JR
DIST 3:
COMM. VILLALOBOS
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DIST 4:
COMM. DANIEL
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
KANS OTTINOT
CITY ATTORNEY
TAMARAC
The City For Your Life
New Employee Benefit Summary
The benefits described in this summary are subject to change.
Executive
Vacation Leave
Vacation leave is based on the employee's work week, and is calculated in the following manner:
Service Vacation Leave
0 to the end of 4 years 9.917 hours per month = 119 hours per year
5 to the end of 9 years 11.667 hours per month = 140 hours per year
10 years + 13.417 hours per month = 161 hours per year
Vacation leave can be used after successful completion of the probationary period. Employees are required to
use 35 hours of vacation in the fiscal year during which it is earned (after first full year of employment) or it will
be forfeited at the end of the fiscal year. The City Manager may extend this carryover to the end of the next
fiscal year at their discretion.
Sick Leave
Sick leave accrues at the rate of 7 hours for each completed month of service and can accrue from year to year.
Personal Leave
Full-time regular employees are granted 24 hours of personal leave at the start of each fiscal year on October
1 st. Every year on October 1 It, any personal leave not used from the previous fiscal year is forfeited. Personal
leave has no cash value.
On the initial fiscal year of employment, personal leave will be awarded as follows regardless of probationary
status:
Date of Hire Personal Leave Awarded
October 1 24 hours
October 2 — February 1 16 hours
February 2 — June 1 8 hours
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Executive / Group Code 6 Updated January 1, 2023
Bereavement Leave
Effective upon date of hire, all eligible employees will be granted three (3) working days off upon the death of an
immediate family member within the state of Florida. If the employee needs to travel outside of Florida to attend
a funeral of an immediate family member, five (5) working days will be granted. Hours granted are based on the
assigned work schedule. This leave is based upon the Department Director's approval.
Holidays
New Year's Day
Labor Day
Martin Luther King, Jr.'s Birthday
Veteran's Day
President's Day
Thanksgiving Day
Memorial Day
Day after Thanksgiving
Juneteenth
Christmas Eve
Independence Day
Christmas Day
Note: The preceding Friday will be celebrated for those holidays occurring on Saturday, while holidays falling on
Sunday will be observed on the following Monday.
Health Insurance
The City offers two (2) group health insurance programs through CIGNA. The effective date for health insurance
is the first day of the month concurrent to or following date of hire. A summary of health insurance options
available and their respective cost is available on the City's benefits resource portal at
www.explainmvbenefits.com/tamarac.
Employees who opt out of the City's Health Insurance program may elect to participate in the Insurance Waiver
Program. Under this program, the City reimburses the employee for a portion of the premium if the employee
chooses to obtain their own health insurance.
Dental Insurance
A stand-alone dental program is offered through CIGNA. The effective date for dental insurance is the first day
of the month concurrent to or following date of hire. A summary of dental insurance options available and their
respective cost is available on the City's benefits resource portal at www.explainmvbenefits.com/tamarac.
Vision Insurance
A voluntary stand-alone vision program is offered through CIGNA. The effective date for vision insurance is the
first day of the month concurrent to or following date of hire. A summary of the vision program and respective
cost is available on the City's benefits resource portal at www.explainmybenefits.com/tamarac.
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Executive / Group Code 6 Updated January 1, 2023
Group Life Insurance
Full-time executive employees receive $50,000 in life insurance with premiums paid by the City. The effective
date for life insurance coverage is the first day of the month concurrent to or following date of hire.
Long Term Disability
All executive employees who participate in the Elected and Appointed Officers and Non -Represented Employees
Retirement Plan and work at least 30 hours per week are covered by this plan, with the premium paid by the
City. It becomes effective the first of the month concurrent to or following date of hire. A summary of the long-
term disability benefit is available in the Human Resources Department.
Employee Assistance Program
The City provides a confidential Employee Assistance Program (EAP) to help employees and their dependents.
This pre -paid benefit offers confidential, professional counseling and referral services to assist with personal or
family issues. Limited legal services are also included. This program is effective the first day of the month
concurrent to or following date of hire.
Flexible Spending Accounts
The City offers two flexible spending accounts:
The Medical Reimbursement Account is a pre-tax reimbursement program for qualifying medical care
expenses. Employees may elect to participate in this plan by designating up to the established maximum
contribution per calendar year on a pre-tax basis for qualifying medical expenses.
The Dependent Care Reimbursement Account is a pre-tax reimbursement program for qualifying
dependent care expenses. Participants are eligible to set aside up to the established maximum
contribution per calendar year on a pre-tax basis for qualifying expenses.
Employees are eligible to participate after completion of probation and attainment of regular status.
Voluntary Benefits Program
Employees are eligible to purchase supplemental benefit products that complement the core benefits provided
by the City. These products include accident, critical illness, hospital indemnity, supplemental life and short-term
disability insurance. The effective date for eligibility to purchase these products is the first day of the month
concurrent to or following date of hire.
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Executive / Group Code 6 Updated January 1, 2023
Benefit Options
Full time, regular executive employees are entitled to $2,000 in benefit options per calendar year after successful
completion of probation. Employees who complete probation during the year shall be entitled to a pro -rated
benefit commencing with completion of probation and attainment of regular status. Benefit option dollars will
offset premium costs under the following hierarchy:
Health Insurance Contributions
Dental & Vision Insurance Contributions
Flexible Spending Accounts
Pre-tax Supplemental Insurance
457(b) Deferred Compensation
After-tax Supplemental Insurance
Pension
A mandatory defined benefit pension plan is provided for full-time regular executive employees effective on the
first day of employment. Employee contributions are at a rate of ten (10) percent of compensation, while the City
contribution is determined by consulting actuaries. Members vest at the rate of twenty (20) percent for each
completed year of service. Participants are 100% vested with five (5) years of vesting credits. An option of return
of the member's contributions, plus interest, is available if an employee leaves the City prior to vesting at five
years or leaving prior to eligibility for normal or early retirement.
457 Deferred Compensation Plan
The City offers a pre-tax deferred compensation plan. Each year employees can contribute the lesser of up to
100% of gross income (after subtracting any mandatory employee contributions to 401 qualified plans made with
pre-tax dollars) or the standard contribution limit as established by the Internal Revenue Service. The "Age 50"
catch-up provision allows employees to contribute an additional annual amount when reaching age 50 or older.
This program is available the first day of employment with the City.
Credit Union
City employees are eligible for membership in the We Florida Financial Credit Union which offers a variety of
financial services.
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Executive / Group Code 6 Updated January 1, 2023
Education Assistance Program
All "full-time/regular" executive employees who have completed at least one (1) year of continuous service are
eligible for participation in the City's Education Assistance Program. Upon pre -approval of the Department
Director and the Human Resources Department, an employee will receive tuition reimbursement for successfully
completing an eligible training or educational course(s). An eligible course is one that either directly relates to
the employee's current position, a similar City position, or to a higher level position within the City to which the
employee could reasonably aspire through promotion (courses that are a requirement of a degree program may
also be eligible for reimbursement). To receive tuition reimbursement the employee must attain a grade of "C"
or better for undergraduate courses, or a grade of "B" or better for graduate courses, or a grade of "pass" in a
pass/fail course, or a certificate of course completion in a certificate program. Effective August 1, 2009,
employees will be reimbursed the in -state tuition and fee per credit hour cost at Florida Atlantic University. The
maximum amount of tuition reimbursement per fiscal year is as follows:
For training programs and/or professional certifications, the City will reimburse up to a maximum of
$1,000 per eligible employee, per fiscal year; or
For undergraduate courses, the City will reimburse up to a maximum $1,900 per eligible employee, per
fiscal year; or
For graduate courses, the City will reimburse up to a maximum of $3,400 per eligible employee, per fiscal
year.
Miscellaneous Benefits
• Fitness/Wellness - City of Tamarac employees may use the Caporella Aquatics Center fitness and pool
facilities at no charge. Additionally, City employees who complete an annual health risk assessment may
choose from a selection of wellness options each year. These options include free fitness center membership
for their spouse and teen children, or a free 20-visit Aquatic Center Splash card for a guest. Employees
completing the above mentioned criteria may also participate in aerobic classes at a significant discount.
These aerobics classes are held at the Community Center 6 days a week.
• Summer Camp - City of Tamarac employees will receive a significant discount when enrolling their children
in the City's Summer Camp Program.
• Commuter Benefits — City of Tamarac employees can save money on their commuting costs by purchasing
Broward County Transit (BCT) 31-day bus passes using "pre-tax" income. The card must be used for
employee's regular commutes from home, to work, and return. Additionally, the card may be used at other
times on all BCT routes.
• Computer Purchase Program — The City will finance the purchase of eligible computer equipment and
software, up to $2,000, for full time employees who have completed at least one year of continuous service.
Subject to funding availability, loans will be interest free for a term not to exceed 24 months. Payments on
the loans will be made through payroll deduction.
For more information contact the Human Resources Department/Benefits at 954-597-3618 or
hrbenefits(c�tamarac.org.
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Executive / Group Code 6 Updated January 1, 2023
EMPLOYMENT AGREEMENT
BETWEEN
LEVENT SUCUOGLU
AND
THE CITY OF TAMARAC
THIS EMPLOYMENT AGREEMENT made and entered into on this s day of
January 2023, by the CITY OF TAMARAC, a Florida municipal corporation, hereinafter referred
to as the "City" and LEVENT SUCUOGLU, herein after referred to as "Employee".
WHEREAS, on December 14, 2022, the City Commission voted to appoint Employee
as the City Manager of the City of Tamarac, Florida, as provided for in Section 5.02 of the
City Charter; and
WHEREAS, it is the desire of the City Commission:
(1) To retain the services of Employee as City Manager and to provide inducement for
him to remain in such employment; and
(2) To make possible full work productivity by assuring Employee's morale and peace of
mind with respect to future work security; and
(3) To provide a means for terminating Employee's services at such time that it is deemed
expedient to do so by decision of either or both parties; and
(4) To establish standards of performance for Employee to act as a guide to ensure
accountability; and
WHEREAS, Employee desires to accept employment as the City Manager of the City cf
Tamarac, Florida under the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants herein contained,
Levent Sucuoglu — January 2023
the parties hereto agree as follows:
Section 1. Duties.
1.1 The City hereby agrees to employ Employee as the City Manager of the City to
perform the functions and duties specified in the City Charter and Code of Ordinances of the City,
and to perform other such legally permissible and proper duties and functions, consistent with the
office of the City Manager, as the City Commission shall from time -to -time assign. Employee
shall not engage in any outside employment during the term of this Agreement without the specific
approval of the City Commission.
1.2. Annually, the City Commission and Employee shall define such goals and
performance objectives that they determine necessary for the proper operation of the City. Goals
and objectives shall be determined along with the annual strategic planning process and prioritized
by the City Commission.
Section 2. Effective Date & Term.
2.1 The Effective Date of this Agreement is March 4, 2023. The term of this
Agreement shall be from the Effective Date March 4, 2023, until the Agreement is terminated by
either party pursuant to Section 4.
2.2 Nothing in this Agreement shall prevent, limit, interfere with, or otherwise restrict
the rights of the City and the City Commission to terminate the services of the Employee at any
time, with or without cause or notice, subject only to the provisions set forth in Sections 4.1 and
4.2 of this Agreement.
2.3 Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of the Employee to resign at any time from his position with the City, subject only to the provisions
set forth in Section 4.3 of this Agreement.
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Levent Sucuoglu — January 2023
Section 3. Salary.
3.1 City agrees to pay Employee for services rendered during the term of this
Agreement commencing upon the Effective Date of this Agreement in the amount of $250,000 per
year, payable in equal installments in accordance with the City's existing pay periods,
3.2 Employee shall receive annual pay plan adjustments (cost of living adjustments)
and lump sum payments that are made available to the City's Executive staff.
Section 4. Termination or Resignation.
4.1 Except as provided in Section 4.2, if Employee is terminated during such time
that Employee is ready, willing and able to perform the duties of City Manager under this
Agreement, the City agrees to pay Employee twenty (20) weeks of "Salary" as set forth in
Section 3 ("Severance Pay"). Severance Pay shall not include those items enumerated in
Section 5 "Benefits," Section 6 "Hours of Work," Section 7 "Professional Development," or
Section 10 "Other Terms and Conditions." Such Severance Pay may not exceed an amount
greater than as set out in and defined in Section 215.425(d), Florida Statutes. In consideration
of receiving the Severance Pay, Employee shall execute a general release in favor of the City
and in a form acceptable to the City Attorney. Employee will also receive payment for any
annual or sick leave accrued prior to the effective date of the termination by the City Commission
to be paid to Employee within forty-five (45) days of termination as provided herein. After the
payments described in the immediately preceding sentence, the City shall have no further financial
obligation to Employee pursuant to this Agreement except for the payment of pension benefits,
benefits earned under this Agreement, and benefits otherwise required by law. This Section shall
not prevent Employee from collecting any money earned by participating in the City's deferred
compensation plans (e.g., 401(a) and 457) as they may be amended from time to time.
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Levent Sucuoglu — January 2023
4.2 In the event Employee is terminated either (i) for misconduct as defined in Section
443.036(29), Florida Statutes, as determined by a majority of the City Commission or (ii) "with
cause" as determined by a majority of the City Commission (both subject to a public hearing if
requested by Employee and held prior to Employee's termination as provided for in Section 5.02
of the City Charter), the City shall have no obligation to pay the Severance Pay enumerated in
Section 4.1 above. For purposes of this Agreement, "with cause" is defined as and limited to any
of the following:
(a) a violation of state or local ethics laws and codes, including, but not limited to: the
Florida Code of Ethics for Public Officers and Employees, the City's Code of
Ethics', the Public Records Law, Sunshine Law, or the Broward County Code of
Ethics; or
(b) failure to follow City policy; or
(c) a breach of this Agreement; or
(d) violence or threatened violence, threats or threatening behavior to a City appointed
or elected official, employee, customer, or resident; or
(e) theft of City money or property; or
(f) falsifying records; or
(g) gross insubordination'; or
(h) illegal harassment or retaliation; or
Part III of Chapter 112, Fla. Stat., Article V — "Conflicts of Interest" and Article XI —
"Code of Ethics" of the City of Tamarac Code of Ordinances.
2 The deliberate refusal to obey a lawful instruction of the City Commission, expressly
defying a lawful instruction of the City Commission, or challenging the authority of the City
Commission.
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Levent Sucuoglu — January 2023
(i) failing an alcohol or drug test; or
0) commission of an unlawful act in the performance of official duties; or
(k) improper performance of any lawful act; or
(1) failure or omission to perform an act when there is an obligation to perform that
act; or
(m) neglect of duty; or
(n) habitual drunkenness; or
(o) incompetence in performing official duties; or
(p) inability to perform official duties due to absence, disability, or other reason; or
(q) arrest for a felony or for a misdemeanor related to the performance of official duties,
or indicted or informed against for the commission of a federal felony or
misdemeanor or state felony or misdemeanor; or
(r) violation of any substantive City policy, rule, or regulation, which would subject
any other City employee to termination; or
(s) the commission of any fraudulent act against the interest of the City; or
(t) the commission of any act which involves moral turpitude; or
In the event Employee is terminated pursuant to this Section 4.2, Employee will receive
payment for any annual or sick leave accrued prior to the effective date of the termination by the
City Commission to be paid to Employee within forty-five (45) days of termination as provided
herein. After the payments described in the immediately preceding sentence, the City shall have
no further financial obligation to Employee pursuant to this Agreement except for the payment of
pension benefits, benefits earned under this Agreement, and benefits otherwise required by law.
This Section shall not prevent Employee from collecting any money earned from participating in
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Levent Sucuoglu — January 2023
the City's deferred compensation plans (e.g., 401(a) and 457) as they may be amended from time
to time.
4.3 In the event that Employee voluntarily resigns the position of City Manager
during the term of this Agreement, Employee shall give the City at least sixty (60) days written
notice prior to the effective date of such resignation. Within forty-five (45) days after the
effective date of resignation, Employee will receive payment for any annual or sick leave
accrued as provided herein. After the payments described in the immediately preceding
sentence, the City shall have no further financial obligation to Employee pursuant to this
Agreement except for the payment of pension benefits, benefits earned under this Agreement,
and benefits otherwise required by law. This Section shall not prevent Employee from
collecting any money earned from participating in the City's deferred compensation plans
(e.g., 40 ] (a) and 457) as they may be amended from time to time.
Section 5. Allowances and Benefits.
5.1 Employee currently receives a monthly automobile allowance in the amount of
$600.00, which the City will continue to provide to Employee. Additionally, the City will continue
to provide Employee with benefits as outlined in the schedule of benefits for the Executive staff
(attached hereto as Exhibit "A") during the term of this Agreement consistent with the City's
applicable policies and procedures in effect from time to time; except that City agrees to pay one
hundred percent (100%) of the total premium cost of the Employee's health, dental and vision
insurance provided to Executive staff of the City, for family coverage, or as requested by
Employee. The City reserves the right to amend, modify, terminate, or otherwise change or adjust
any benefits as it sees fit, if it is done for all executives similarly situated as the Employee and in
accordance with 9.2 below. If any additional communication and/or electronic equipment is
Levent Sucuoglu — January 2023
required so that Employee can provide the City Manager services provided for herein, City may
pay such additional costs. If Employee uses any private digital or electronic devices to conduct
City business, in accordance with applicable law Employee is responsible for retaining and
providing the City upon request all public records (as defined by applicable law) on any private
digital or electronic devices. It shall be a breach of this Agreement if Employee fails to turn over
all available public records to the City that are within the employee's possession pursuant to
Florida State Law within fifteen (15) days of any request for said public records. The provisions
of this paragraph shall survive the termination of this Agreement.
5.2 The City shall contribute the annual IRS maximum limit including pre -retirement
and catch -up limits into the Employee's 457 deferred Compensation Plan upon execution of this
agreement and at the future anniversaries of this agreement.
5.3 The City shall provide a Term Life Insurance policy in an amount equal to $500,000
with a 30-year guaranteed level premium and the beneficiary named by the Employee to receive
100% of the proceeds. City agrees to make the necessary premium payments directly on behalf of
the Employee during his tenure with the City and agrees to transfer ownership to the Employee
upon his resignation or termination.
Section 6. Hours of Work.
6.1 Notwithstanding City policies and procedures to the contrary, it is recognized that
the Employee must devote a great deal of time outside the normal office hours to business of the
City, and, to that end, the Employee will be allowed to take reasonable compensatory time off as
shall be deemed appropriate during normal office hours consistent with the City's Executive staff
policies and procedures.
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Levent Sucuoglu — January 2023
Section 7. Professional Development and Reasonable Expenses.
7.1 The City hereby agrees to budget for and pay the reasonable and necessary travel,
registration costs, and subsistence expenses of Employee only for professional and official travel,
meetings and occasions adequate to continue the professional development of the Employee and
to adequately pursue necessary official and other functions for the City, including but not limited
to the Annual Conference of the International City Management Association, the Florida League
of Cities, and such other national, regional, state and local governmental groups and committees
thereof which the Employee serves as a member.
7.2 The City also agrees to budget and to pay for the reasonable and necessary travel
and subsistence expense of the Employee for short courses, institutes, and seminars that are
necessary for Employee's professional development and for the good of the City.
7.3 Employee shall provide reasonable notice to the City Commission of Employee's
absence from the City prior to the beginning of travel.
7.4 The City agrees to reimburse Employee for reasonable expenses incurred in the
performance of his duties upon submission of receipts, invoices, or other documentation thereof,
to a yearly amount not to exceed $4,500.00/year.
Section 8. Indemnification.
8.1 The City shall provide a legal defense, and indemnification, under the same terms
and conditions as provided to the other employees of the City in accordance with the requirements
and provisions of the City Charter and Code of Ordinances of the City. The City shall have the
right to compromise and settle any such claim or suit and pay the amount of any such settlement
or judgment rendered thereon, in its sole discretion.
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Levent Sucuoglu — January 2023
8.2 The City shall bear the full cost of any fidelity or other bonds which may in the
future be required of the Employee by law or ordinance.
8.3 Public Official's Liability Insurance - City shall provide Public Officials Liability
Insurance coverage applicable for all acts or omissions of the City Manager acting within the scope
of his employment, subject to and as provided for in the Annual Budget and as may be otherwise
provided to City Commission members, Department Heads, and based solely upon the policies of
insurance held by the City from time to time.
Section 9. Other Terms and Conditions of Employment.
9.1 The City Commission, in consultation with the Employee, shall establish such other
terms and conditions of employment, as it may determine from time to time, relating to the
performance of the Employee, provided such terms and conditions are not inconsistent with or in
direct conflict with the provisions of this Agreement, the City Charter, the City Code of
Ordinances, or any other applicable law.
9.2 All other provisions of the City Charter, City Code of Ordinances, and rules and
regulations of the City relating to benefits as outlined in the schedule of benefits for the Executive
staff as they now exist or hereafter may be amended from time to time, shall also apply to the
Employee as it would be to other general employees of the City not covered by a collective
bargaining agreement, in addition to said benefits numerated specifically for the benefit of the
Employee herein.
9.3 The Employer shall not at any time during the term of this Agreement reduce the
salary, compensation, or other financial benefits of the Employee, except during an across-the-
board reduction for all general employees of the City.
9.4 Employee shall continue to accrue and be entitled to annual leave, sick leave, and
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Levent Sucuoglu — January 2023
holidays in the same manner as Executive staff of the City; except that Employee shall be entitled
to an additional three weeks of paid annual leave per year. Employee must use at least ten (10)
days of annual leave per Agreement year or forfeit those ten (10) days of annual leave (no carry-
over).
9.5 Employee shall be entitled to utilize accrued annual leave and sick leave without
undue burden. Accrued annual leave or sick leave must be used to maintain Employee in pay
status when Employee is on approved leave from work or when Employee is unable to attend work
due to illness, or for other approved absences from work, and nothing in this Agreement shall
require the City to maintain Employee in pay status if Employee has exhausted annual leave and/or
sick leave time.
9.6 Upon termination or resignation with appropriate notice, Employee shall be entitled
to payout (a) of unused annual leave hours and (b) accumulated sick leave hours up to a maximum
of 800 hours for each at the rate in effect at the time of termination or resignation.
9.7 Per calendar year, Employee shall be entitled to payout of unused annual and sick
leave up to a maximum of 500 hours at the rate in effect at the time.
9.8 Employee is a member of the City's Elected and Appointed Officers and Non -
Represented Retirement Plan and City shall pay on behalf of the Employee, his employee
contribution required in Section 16-903(b) of the City Code.
9.9 City shall modify maximum benefit accrual for City Manager in Section 16-905(b)
to ninety (90) percent provided the Employee is passed the 25-year tenure with the City in any
capacity prior to becoming the City Manager.
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Levent Sucuoglu — January 2023
Section 10. Notices.
10.1 Notices pursuant to this Agreement shall be given by deposit in the custody of the
United States Postal Service, postage prepaid, return receipt requested, addressed as follows:
City: Mayor
City of Tamarac, Florida
7525 NW 88th Avenue
Tamarac, FL 33321
With a copy to: Hans Ottinot
City Attorney
City of Tamarac, Florida
7525 NW 88th Avenue
Tamarac, FL 33321
Employee: Levent Sucuoglu
Confidential and Exempt
10.2 Alternatively, notices required pursuant to this Agreement may be personally given
by hand delivery or a commercially recognized overnight carrier. Notice shall be deemed given
as of the date of personal service, overnight delivery, or as of the date of deposit of such written
notice with the United States Postal Service addressed to the parties as stated above and to the
Employee at the address on file with the City.
Section 11. General Provisions.
11.1 It is understood and agreed that this document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or understandings applicable to the
matters contained herein and that the parties agree that there are no commitments, agreement, or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written.
11.2 No modification, amendment, or alteration in the terms or conditions contained
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Levent Sucuoglu — January 2023
herein shall be effective unless contained in a written document executed by both parties.
11.3 The waiver by either party of a breach of any provision of this Agreement by the
other shall not operate or be construed as a waiver of any subsequent breach by that party.
11.4 If any provision, or any portion thereof, contained in this Agreement is held to be
unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or portions
thereof, shall not be affected and shall remain in full force and effect.
11.5 The rights and obligations herein granted are personal in nature and cannot be
transferred or assigned by the City Manager.
11.6 Florida law shall govern this Agreement and any litigation which may arise from
this Agreement shall be filed and litigated in the Circuit Court in and for Broward County, Florida.
11.7 Provisions of this Agreement, which by their terms extend beyond the termination,
expiration or suspension of this Agreement will survive and remain effective in accordance with
their terms and to the extent necessary to the intended preservation of such rights and obligations.
11.8 The parties acknowledge that this Agreement is the result of continual and ongoing
negotiation between the parties of equal bargaining power and any ambiguities herein should not
be construed against either party but should be given a fair and reasonable interpretation.
11.9 The headings or captions of Paragraphs in this Agreement are for reference only,
do not define or limit the provisions of such Paragraphs and shall not affect the interpretation of
such provisions.
11.10 This Agreement may be executed by facsimile signature or by other electronic
means, such as electronic signature in one or more counterparts by the parties which, taken
together, shall constitute one binding agreement.
11.11 Employee acknowledges that the legal counsel that prepared this Agreement is
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Levent Sucuoglu — January 2023
representing the City rather than Employee and that Employee has been advised to seek the advice
of independent counsel. Employee acknowledges that she has had the opportunity to seek the
advice of independent counsel. Employee has obtained all information necessary to make an
informed decision regarding this Agreement and that any claims regarding any possible conflict
of interest regarding this Agreement or its preparation are freely and voluntarily waived.
11.12 While Employee is employed by the City and thereafter, Employee shall cooperate
with the City in any internal investigation or administrative, regulatory or judicial proceeding as
reasonably requested by the City (including, without limitation, Employee being available to the
City upon reasonable notice for interviews and factual investigations, appearing at the City's
request to give testimony without requiring service of subpoena or other legal process,
volunteering to the City all pertinent information and turning over to the City all relevant public
records, whether owned by the City or otherwise, which are or may come into Employee's
possession, all at times and on schedules that are reasonably consistent with Employee's other
permitted activities and commitments).
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Levent Sucuoglu — January 2023
Section 12. Waiver of Jury Trial
BOTH THE CITY AND EMPLOYEE KNOWINGLY, VOLUNTARILY, AND
IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY CIVIL
PROCEEDINGS THAT MAY BE INITIATED BY EITHER PARTY WITH RESPECT TO ANY
TERM OR CONDITION OF THIS AGREEMENT.
IN WITNESS WHEREOF, the City of Tamarac, Florida, has caused this Agreement to
be signed and executed on its behalf by its Mayor, and duly attested to by its City Clerk, and
approved as to form by the City Attorney, and the Employee has signed and executed this
Agreement, on the day and year first above written.
CITY OF TAMARAC, FLORIDA
Mi helle J. Gomez, May` 1%F'TA'jr1///"ver
ATTEST:
EST ,ABLISHED o
Kimberly illon, Ci�,i Jerk a O
APPROVED AS TO 1 '0 ICIENCY FOR THE
USE AND RELIANCE OF V'CITY ONLY:
Hans Ottinot, City Atto ey
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Levent Sucuoglu — January 2023
OYEE
Sucuoglu, City Manager
1/27/23