HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-145 Temp. Reso # TR 13387
December 1, 2019
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019- r75_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA; APPROVING AND AUTHORIZING
THE EXECUTION OF THE AMENDED AND RESTATED
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
TAMARAC AND MICHAEL C. CERNECH, ATTACHED
HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN;
AUTHORIZING THE DIRECTING THE APPROPRIATE CITY
OFFICIALS TO TAKE ANY AND ALL ACTION NECESSARY
TO EFFECTUATE THE INTENT OF THIS RESOLUTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR 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 Amended and Restated
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 Amended and Restated 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:
Temp. Reso # TR 13387
December 1 , 2019
Page 2
SECTION 1 : That 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: That the City Commission of the City of Tamarac, Florida hereby
approves and authorizes the execution of the Amended and Restated 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repealed to the extent of such conflict.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,
•
Temp. Reso # TR 13387
December 1, 2019
Page 3
it shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 1/ 14' day of December, 2019.
YE.2
MICHELLE J. GOMEZ, A/
ATTEST:
LILLIAN PABON, CMC ll�e
• ACTING CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: BOLTON
DIST 2: G E L I N { r�--v
DIST 3: FISHMAN T3�y1
DIST 4: PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
I l4f ZJL0
l
SAMUEL S. GOI EN
CITY ATTORNEY
•
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS AMENDED AND RESTATED AGREEMENT, made and entered into this
;, ,U day of (, �- , 20<{=,by and between the CITY OF TAMARAC, a
Florida municipal c oration,)reinafter called the CITY, as party of the first part, and
MICHAEL C. CER EECH,hereinafter called CITY MANAGER, as party of the second part,both
of whom understand as follows:
WITNESSETH:
WHEREAS, on January 12, 2011, the CITY and CITY MANAGER entered into an
employment agreement, whereby the CITY retained and employed MICHAEL C. CERNECH to
serve as City Manager, in accordance with the terms and conditions set forth therein; and
WHEREAS, the CITY desires to continue to employ the services of MICHAEL C.
CERNECH, as City Manager of the City of Tamarac pursuant to Article V of the City of Tamarac
City Charter; and
WHEREAS, it continues to be 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 continues to be 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
due to age or disability or when the CITY may otherwise desire to terminate his employment; and
WHEREAS, the CITY MANAGER desires to continue his employment as City Manager
of the CITY, in accordance with the terms and conditions set forth herein;
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 C. 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.
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2.0 TERM:
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
terminated by the CITY or the CITY MANAGER, subject to all 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.
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 of this Agreement.
2.4 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.
2.5 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.
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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 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 29,2020,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, 2020, 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$256,520.00 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.
5.2 Notwithstanding the foregoing, the CITY shall contribute into the CITY MANAGER's
401(a) plan an amount equal to twenty (20%) percent of CITY MANAGER's annual
salary. CITY MANAGER may contribute an amount up to ten (10%) percent of CITY
MANAGER's annual salary in addition to the CITY's contribution, as approved by the
City Commission. Any contributions exceeding IRS maximums Section 415(d), as
100344091.1 2704-0501640} 3
amended from time to time, shall be contributed to an allowable alternative investment
plan. CITY agrees CITY MANAGER'S interest is 100%vested when deposits are made to
the plan on or before April 15th of each year beginning in 2022 as specifically determined
by the CITY MANAGER. The commencement date of this section shall be October 30,
2021.
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 and Executive employees and
consistent with the individual or family needs of the CITY MANAGER, as a continuing
obligation in accordance with the benefits to CITY MANAGER under his existing
employment agreement with the CITY at the time of the execution of this Agreement.
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
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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 you 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 eight hundred
(800) hours and accrued, unused sick leave up to eight hundred (800) 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.
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, iPad,
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 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.
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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.
10.0 TERMINATION AND SEVERANCE PAY
10.1 This Agreement may be terminated by the CITY upon one hundred twenty (120) days
written notice to the CITY MANAGER, which shall specify the effective date of
termination which shall not be less than one hundred twenty(120)dayfrom the date said
written notice is given,unless a shorter period is agreed to by the CITY MANAGER.Under
the provision of said one hundred twenty(120)day notice,the 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. In the event the employment of the CITY MANAGER is terminated by the
City Commission 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 equal to the maximum amount permitted by Florida law, but no
less than which would have been paid for regular workdays contained within the twenty
(20) week period immediately following termination, inclusive of accrued retirement
contributions, in addition to all other previously accrued CITY benefits described in
Section 5, 6, 7, 8, and 9 set forth herein.
10.2 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.
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10.3 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.
10.4 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 retirement contributions
made in 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 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.
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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 NO 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 whom 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.
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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 attorney's fee.
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:
CITY MANAGER:
4A �M
01 -
// CITY OF TAMARAC
MICHAEL C. CERNEC
el e
By: ICHELLE GOM Z, AYOR
ATTEST:
APPROVED AS TO LEGAL FORM:
P N
ACTING CITYCLE 0`1iiiiiiiii
‘
4• ' • SAMUEL S. GOREN, CITY A ORNEY
. Y•• C�, 1`y •
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