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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-004Temp. Reso. # 11977 January 12, 2011 Page 1 of 3 RESOLUTION NO. 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 MICHAEL C. CERNECH, ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN; AUTHORIZING AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ********** WHEREAS, the City of Tamarac ("City") seeks to retain Michael C. Cernech as its City Manager, subject to the terms and conditions set forth in the 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: 1 Temp. Reso. # 11977 January12, 2011 Page 2 of 3 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 referred to in the "WHEREAS" clauses are hereby attached hereto and incorporated herein by reference. 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 Michael C. Cernech, 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 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. L Temp. Reso. # 11977 January 12, 2011 Page 3of3 SECTION 6: This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE -,PITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS %d DAY OF 2011. PETER M. J. RIC DSON, CRM, CMC CITY CLERK. 1 I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. GOREN CITY ATTORNEY 1 CITY OFZAARAC, F ORIDA BETH TALABISCO, MAYO RECORD OF COMMISSION VOTE: MAYOR TALABISCO =-z- DIST 1: V/M BUSHNELL Gam' DIST 2: COMM. GOMEZ f.- DIST 3: COMM. GLASSER��- DIST 4: COMM. DRESSLER�-- EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 12th day of January, 2011 by and between the CITY OF TAMARAC, a Florida municipal corporation, hereinafter called the CITY, as party of the first part, and MICHAEL C. CERNECH, hereinafter called CITY MANAGER, as party of the second part, both of whom understand as follows: 1`A1001219W.B1..I:A WHEREAS, The CITY desires to employ the services of MICHAEL CERNECH, as City Manager of the City of Tamarac pursuant to Article V of the City of Tamarac City Charter; and WHEREAS, it is the desire of the CITY to provide certain benefits, establish certain conditions of employment and to set working conditions for the CITY MANAGER; and WHEREAS, it is the desire of the CITY to (1) secure and retain the services of the CITY MANAGER and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring the CITY MANAGER's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the CITY MANAGER; and, (4) to provide a just means of terminating the CITY MANAGER's services at such time as he may be unable fully to discharge his duties for any reason or when the CITY may otherwise desire to terminate his employment; and WHEREAS, the CITY MANAGER desires to accept employment as City Manager of the CITY; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1.0 DUTIES: The CITY hereby agrees to employ MICHAEL CERNECH, as City Manager to perform the functions and duties specified in the City Charter and City Code, and to perform other legally permissible and proper duties and functions as the CITY shall from time to time assign. W11110R rp 2.1 The commencement date of employment of the CITY MANAGER shall be January 29, 2011, ("Commencement Date") and shall continue as provided for in this Agreement until January 31, 2016 ("Expiration Date") and subject to all of the terms, conditions, and provisions hereof. 2.2 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY to terminate the services of the CITY MANAGER at any time, subject only to the provisions set forth in Section 10 of this Agreement. 1 2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY MANAGER to resign at any time from his position with the CITY, subject only to the provisions set forth in Section 10.5 and Section 10.6 of this Agreement. 2.4 This Agreement shall be extended for an additional 5 years on the same terms and conditions as contained herein, including the severance provision of section 10.3 set forth herein after unless either party to this Agreement provides written notice to the other party of its intent not to extend this Agreement at least one hundred eighty (180) days prior to the Expiration Date provided herein. 2.5 The CITY MANAGER shall from time to time appoint and designate a deputy city manager, assistant city manager, assistant to the city manager, department head, or department officer as the Acting City Manager, to exercise the powers of the CITY MANAGER and to perform the duties of the CITY MANAGER during the CITY MANAGER'S temporary absence or disability as provided for in Section 5.03 of the Charter of the CITY. 2.6 The position of the CITY MANAGER is not and cannot be an hourly -type employment. Hence, the CITY MANAGER shall do all things necessary and required to be available to the CITY, its agents, servants and employees during the course of this Agreement on a twenty-four (24) hour basis, seven (7) days a week for emergency, public utility, and other public purposes, consistent with good and respectable management requirements and as otherwise dictated and provided by the Charter and Code of Ordinances of the CITY of Tamarac, as well as provided by General Law in the State of Florida, and the management principles of the International City/County Management Association ("ICMA"). 3.0 PERFORMANCE EVALUATION: 3.1 The CITY shall review and evaluate the performance of the CITY MANAGER initially after twelve (12) months from the beginning date of this agreement and thereafter at least once annually in advance of the annual anniversary date of this agreement. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Commission and the CITY MANAGER. Said criteria may be added to or deleted from as the City Commission may from time to time determine, in consultation with the CITY MANAGER. Further, the City Commission, during a public meeting, shall provide the CITY MANAGER with a summary written statement of the findings of the City Commission and provide an adequate opportunity for the CITY MANAGER to discuss his evaluation with the City Commission, during such public meeting. 3.2 Annually, the City Commission and the CITY MANAGER shall define such goals and performance objectives which they determine necessary for the proper operation of the CITY and in the attainment of the CITY'S policy objectives and shall further establish a relative priority among these various goals and objectives, said goals and objectives to be 2 reduced to writing. They shall generally be attainable within the time limitations as specified and consistent with the annual operating and capital budgets and appropriations provided. 3.3 In effecting the provisions of this Section, the CITY and the CITY MANAGER mutually agree to abide by the provisions of applicable law. 3.4 On January 29, 2012, and every year thereafter, for the term of this Agreement, the CITY MANAGER's base salary shall be increased by three percent (3%) which shall be applied to the CITY MANAGER's base salary as of January 29, 2012, and each year thereafter for the term of this Agreement. At the City Commission's option, if the CITY MANAGER is found to have exceeded the performance requirements, the City Commission may award an additional amount up to three percent (3%) one time merit bonus for the evaluation period. 4.0 SALARY: 4.1 The CITY agrees to pay the CITY MANAGER for his services rendered pursuant hereto an annual base salary of two hundred two thousand five hundred dollars ($202,500.00) payable in installments at the same time as other employees of the CITY are paid. 4.2 During the term of this Agreement, compensation of CITY MANAGER shall be increased by an amount based upon the annual performance review as outlined in Section 3 of this Agreement. In addition, CITY agrees to increase the salary and other benefits of CITY MANAGER in such amounts and to such an extent as the City Commission deems appropriate on the basis of an annual performance review. 5.0 PENSION: 5.1 CITY MANAGER is a member of the CITY' S Elected and Appointed Officers and Non - Represented Retirement Plan, and CITY will continue to pay on behalf of the CITY MANAGER, his employee contribution required in Section 16-903(b) of the City Code. 5.2 Notwithstanding the foregoing, the CITY shall contribute the annual IRS maximum limit including pre -retirement and catch-up limits into the CITY MANAGER'S 457 Deferred Compensation Plan on or before April 15th of each year beginning in 2011 as specifically determined by the CITY MANAGER. 6.0 BENEFITS: 6.1 CITY shall provide CITY MANAGER all the benefits approved by the CITY to be provided to Appointed and Executive employees of the CITY. 6.2 Health and Dental Insurance — CITY to pay one hundred percent (100%) of the total premium cost of the CITY MANAGER's health and dental insurance which is otherwise offered and provided to regularly employed Appointed or Executive employees and consistent with the individual or family needs of the CITY MANAGER, as a continuing obligation in accordance with the benefits provided to CITY MANAGER under his existing employment agreement with the CITY at the time of the execution of this Agreement. 3 6.3 Individual Life Insurance - CITY shall provide a Term Life Insurance policy in an amount equal to $1,000,000 with a thirty (30) year guaranteed level premium and the beneficiary named by CITY MANAGER to receive 100% of the proceeds. CITY agrees to make the necessary premium payments directly on behalf of the CITY MANAGER during his tenure with the CITY, and agrees to transfer ownership to the CITY MANAGER upon his resignation or termination. 6.4 Public Official's Liability Insurance - CITY shall provide Public Officials Liability Insurance coverage applicable for all acts or omissions of the CITY MANAGER arising out 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 existing policies of insurance currently held by the CITY. 6.5 Short Term Disability Insurance - The CITY shall provide and pay one hundred percent (100%) of the required premium on a short term disability insurance policy for the CITY MANAGER, as otherwise available to City employees, or which may be selected by the CITY MANAGER from coverage offered through an appropriate source. 6.6 Bonding - CITY shall bear the full cost of any fidelity or other bonds required of the CITY MANAGER under any statute, ordinance, or other law, as may be amended from time to time. 6.7 The CITY shall provide CITY MANAGER, as of the Commencement Date of this Agreement, an additional forty-nine (49) hours of personal leave per fiscal year. CITY MANAGER, as of the Commencement Date of this Agreement, shall be entitled to receive an additional one hundred twenty (120) hours of vacation leave annually to be accrued via regular payroll. Absent a medical emergency, the CITY MANAGER shall not be absent from City Hall for more than fourteen (14) consecutive calendar days during any calendar year without notice to the CITY. 6.8 On or before April 15, 2011 and annually during each proceeding 12-month period from April 15th each year for the term of this Agreement, the CITY MANAGER may direct the CITY to cash out a total of up to two hundred forty (240) hours of his unused accrued vacation and/or sick leave at one hundred percent (100%) of its cash value, or carry over the unused accrued vacation and/or sick leave. 6.9 Should the CITY MANAGER voluntarily resign or be terminated, the CITY shall pay CITY MANAGER in lieu of vacation and sick leave payout provisions available to Appointed and Executive employees, accrued, unused vacation leave up to five hundred (500) hours and accrued, unused sick leave up to five hundred (500) hours, each at one hundred percent (100%) of cash value, and any other accrued benefits earned. 7.0 ALLOWANCES AND EQUIPMENT: 7.1 CITY agrees to budget and pay a car allowance of eight hundred ($800.00) dollars per month to CITY MANAGER. 4 7.2 CITY shall pay an allowance of one hundred twenty ($120.00) dollars per month for the CITY MANAGER's mobile telephone and/or other communication equipment that the CITY agrees is required for the CITY MANAGER to perform his duties and responsibilities. 7.3 CITY MANAGER has the sole discretion to determine what computer equipment is required for him to fully discharge his duties, and the CITY agrees to provide such equipment to the CITY MANAGER, including but not limited to a lap -top computer, Wad, digital camera, and other peripherals for out -of -office use with a printer with compatible software and provision of a high-speed communications line for his home which serve to enhance the performance of his City duties and responsibilities, such equipment to remain the property of the CITY at the termination of this Agreement unless otherwise negotiated in a Separation Agreement to the satisfaction of the parties. 8.0 GENERAL EXPENSES: 8.1 The CITY recognizes that certain expenses of a non -personal and generally job -affiliated nature are incurred by the CITY MANAGER, and hereby agrees to reimburse or to pay said general expenses, and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits, subject to and as provided for in the CITY MANAGER'S annual budget. 9.0 PROFESSIONAL DEVELOPMENT: 9.1 The CITY agrees to budget and pay the travel and subsistence expenses of the CITY MANAGER for professional and official travel, meetings and occasions adequate to continue the professional development of the CITY MANAGER 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 State and National League of Cities, and FCCMA, and such other national, regional, state and local governmental groups and committees thereof which the CITY MANAGER serves as a member. 9.2 The CITY agrees to budget and pay for the professional dues and subscriptions of the CITY MANAGER necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the CITY, including, but not limited to BCCMA, FCCMA, and ICMA. 9.3 Subject to approval by the City Commission on a case -by -case basis, the CITY MANAGER may spend up to ten (10) hours per month in teaching, consulting, and other non -CITY related business so long as the non -CITY related business does not conflict with his CITY duties and responsibilities. 9 10.0 TERMINATION AND SEVERANCE: 10.1 In the event the employment of the CITY MANAGER is terminated by the City Commis- sion prior to January 29, 2013, and during such time as CITY MANAGER is willing to perform the duties under this Agreement, then and in that event, CITY agrees to pay CITY MANAGER a lump sum cash payment, to be paid within ninety (90) days of the date of termination as specifically determined by the CITY MANAGER in one or more installments, equal to the amount which would have been paid for salary and cash allowances for one hundred eighty (180) days, in addition to payment for all other CITY benefits described herein. CITY MANAGER shall be entitled to continue his 100% CITY paid health and dental insurance benefits, for either three hundred sixty-five (365) days or the date upon which CITY MANAGER becomes eligible for health and dental insurance benefits in subsequent employment, whichever date first occurs. 10.2 In the event the employment of the CITY MANAGER is terminated by the City Commis- sion on or after January 29, 2013, but prior to January 29, 2015, and during such time as CITY MANAGER is willing to perform the duties under this Agreement, then and in that event, CITY agrees to pay CITY MANAGER a lump sum cash payment, to be paid within ninety (90) days of the date of termination as specifically determined by the CITY MANAGER in one or more installments, equal to the amount which would have been paid for salary and cash allowances for two hundred seventy (270) days, in addition to payment for all other CITY benefits described herein. CITY MANAGER shall be entitled to continue his one hundred percent (100%) CITY paid health and dental insurance benefits, for either three hundred sixty-five days (365) or the date upon which CITY MANAGER becomes eligible for health and dental insurance benefits in subsequent employment, whichever date first occurs. 10.3 In the event the employment of the CITY MANAGER is terminated by the City Commis- sion on or after January 29, 2015, but prior to the expiration of the aforesaid term of employment and during such time as CITY MANAGER is willing to perform the duties under this Agreement, then and in that event, CITY agrees to pay CITY MANAGER a lump sum cash payment, to be paid within ninety (90) days of the date of termination as specifically determined by the CITY MANAGER in one or more installments, equal to the amount which would have been paid for salary and cash allowances for three hundred sixty-five (365) days, in addition to payment for all other CITY benefits described herein. CITY MANAGER shall be entitled to continue his one hundred percent (100%) CITY paid health and dental insurance benefits, for either three hundred sixty-five (365) days or the date upon which CITY MANAGER becomes eligible for health and dental insurance benefits in subsequent employment, whichever date first occurs. 10.4 In the event CITY MANAGER is terminated because of his conviction of any criminal act, CITY shall have no obligation to pay the aggregate severance benefit designated in this section. 11 10.5 In the event the CITY at any time during the employment term: (i) reduces the salary or other benefits of CITY MANAGER in a greater percentage than an applicable across-the-board reduction for all CITY employees; or (ii) in the event the CITY refuses, following written notice, to comply with any other contract provisions benefiting CITY MANAGER; or (iii) the CITY MANAGER elects to resign following a public suggestion by one or more members of the City Commission at a public meeting, whether formal or informal, that he resign; then and in that event, CITY MANAGER may, at his option, be deemed to be "terminated" within the meaning and context of this Section 10 effective at the date of such reduction or such refusal to comply or resignation of CITY MANAGER. For the resignation provision at the suggestion of City Commission to apply pursuant to this section, CITY MANAGER must provide written notice to the City Commission of his intent to resign within fourteen (14) calendar days of the public meeting where the suggestion to resign was made and therein state with particularity a date certain upon which the CITY MANAGER shall vacate his position. 10.6 In the event CITY MANAGER voluntarily resigns his position with the CITY before expiration of the aforesaid term of employment, then CITY MANAGER shall give the CITY ninety (90) calendar days' written notice unless the parties otherwise agree. Upon such voluntary resignation with notice, all deferred compensation contributions made on his behalf shall remain the benefit of the CITY MANAGER. Further, the CITY MANAGER shall be entitled to a lump -sum settlement on any unpaid compensation and any unused accrued leave benefits pursuant to Section 6 of this Agreement. 11.0 INDEMNIFICATION: 11.1 To the extent permitted by law, the CITY shall defend, save harmless and indemnify the 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 the CITY MANAGER. CITY will pay the amount of any settlement or judgment rendered as a result of any claim or suit. This indemnification provision shall survive the termination of this Agreement. 12.0 OTHER TERMS AND CONDITIONS OF EMPLOYMENT: 12.1 The City Commission, in consultation with the CITY MANAGER, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the CITY MANAGER, provided such terms and conditions are not inconsistent with, or in conflict with, the provisions of this Agreement, the City Charter, or any other law. CI 12.2 All provisions of the City Charter and Code, and regulations and rules of the CITY relating to salary, cost of living adjustments, longevity, vacation and sick leave, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to the CITY MANAGER as they would to other Appointed or Executive employees of the CITY, in addition to the benefits enumerated specifically for the benefit of the CITY MANAGER except as herein provided. 13.0 REDUCTION OF BENEFITS: 13.1 The CITY shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the CITY MANAGER, except to the degree of such a reduction across-the-board for all the employees of the CITY. 14.0 MISCELLANEOUS: 14.1 Final Agreement: 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, agreements, 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. 14.2 Modification of Agreement: It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. 14.3 Counterparts: This document shall be executed in at least three (3) counterparts each of which shall be deemed to be a duplicate original. 14.4 Florida Law: This Agreement is executed and is to, be performed in the State of Florida, and shall be governed by and construed with the laws of the State of Florida. Venue for any legal action shall be set in Broward County, Florida. 14.5 Litigation: In connection with any litigation arising out of this Agreement, including any administrative, trial level or appellate proceedings, the prevailing party shall be entitled to recover all costs incurred, including a reasonable attorneys fee. n 14.6 Counsel: The Parties acknowledge that they have reviewed this Agreement with independent counsel or have had sufficient opportunity to do so, and that neither party has been otherwise coerced into agreeing to any provisions of this Agreement. 14.7 Severability/Integration: If any clause, section or other part or application of this Agreement shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Employment Agreement on the respective dates under each signature: CIT MA AGER- MICHAEL C. CERNECH ATTES 4 PETER J. RICHA SON, CRM, CM — PETER CLERK APPROVED AS TO LEGAL FORM: — y M# 1 f r �-)b SAMU L S. GORE CITY ATTORNEY P7 CITY OF TAMARAC: 6VO'W - --BETH TALABISCO