HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-051 Temp. Reso. 13450
June 24, 2020
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020- 1
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE ESTABLISHMENT OF A VOLUNTARY
SEPARATION INCENTIVE PLAN OFFERING
SEPARATION INCENTIVE BENEFITS TO ELIGIBLE
EMPLOYEES MEETING CERTAIN CITY SERVICE
REQUIREMENTS OR MEETING CITY SERVICE
AND PENSION VESTING REQUIREMENTS FOR A
NORMAL, UNREDUCED PENSION OR
RETIREMENT BENEFIT; AUTHORIZING
APPROPRIATE CITY OFFICIALS TO EXECUTE
AND ADMINISTER THE PLAN; PROVIDING FOR
THE APPROPRIATION OF FUNDS; PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the many uncertainties associated with the novel coronavirus
have had and continue to have a considerable impact on the City's budget; and
WHEREAS, the City of Tamarac is anticipating a revenue shortfall and
has put measures in place including implementing a hiring freeze for non-critical
personnel hiring, reduced temporary staff contracts and frozen all discretionary
travel outside of the State of Florida; and
WHEREAS, the City of Tamarac continues to forecast a projected
variance in General Fund projections; and
Temp. Reso. 13450
June 24, 2020
Page 2 of 5
WHEREAS, the City of Tamarac is committed to identifying opportunities
to reduce its budget and to implement programs that will successfully reduce
recurring costs to the organization while minimizing the impact to the City's
residents and employees; and
WHEREAS, the City of Tamarac has designed a Voluntary Separation
Incentive Plan (VSIP) to reduce and contain costs through savings in personnel
expenses and provide an opportunity for employees considering retirement or
other career options; and
WHEREAS, the Voluntary Separation Incentive Plan (VSIP) will provide
separation incentive benefits to eligible employees meeting certain City service
requirements or meeting City service and pension vesting requirements for a
normal, unreduced pension or retirement benefit; and
WHEREAS, funds to pay for the Voluntary Separation Incentive Plan
(VSIP) will be appropriated from one-time, non-recurring funds; and
WHEREAS, each position vacated through this program will be fully
evaluated and only filled if it is an essential position; otherwise, it will be
eliminated; and
Temp. Reso. 13450
June 24, 2020
Page 3 of 5
WHEREAS, we anticipate that the return on investment for this program
will be between six (6) months and one (1) year; and
WHEREAS, the long-term savings from reducing positions and staffing will
ensure that the City can balance its budget in FY 2021 and in future years; and
WHEREAS, available funds exist in the appropriate Governmental Funds
which are in the approved FY2020 Budget to fund the Voluntary Separation
Incentive Plan (VSIP); and
WHEREAS, it is the recommendation of the City Manager, the Director of
Human Resources, and the Interim Director of Financial Services that the City (1)
approve the Voluntary Separation Incentive Plan (VSIP); and (2) that the
Voluntary Separation Incentive Plan (VSIP) as described in the Resolution and
back-up documents are implemented effective June 24, 2020; and
WHEREAS, the City Commission has deemed it to be in the best interest
of the health, safety and welfare of citizens and residents of the City of Tamarac
to approve the Voluntary Separation Incentive Plan (VSIP) and authorize the
appropriate City Officials to implement the Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA:
Temp. Reso. 13450
June 24, 2020
Page 4 of 5
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 attached hereto are incorporated herein and
made a specific part of this Resolution.
SECTION 2: That the City Commission authorizes the establishment of
the Voluntary Separation Incentive Plan (VSIP), attached as "Exhibit A".
SECTION 3: That appropriate City Officials are hereby authorized to
execute and administer said Voluntary Separation Incentive Plan (VSIP) on
behalf of the City of Tamarac.
SECTION 4: That an appropriation to provide sufficient funding for the
Voluntary Separation Incentive Plan (VSIP) for FY2020 will be included in a
budget amendment prior to November 30, 2020 pursuant to Florida Statute
166.241(2).
SECTION 5: That all resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 6: That if any clause, section, or 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. 13450
June 24, 2020
Page 5 of 5
SECTION 7: This Resolution shall become effective immediately upon
adoption. 1
PASSED, ADOPTED AND APPROVED this ,elf day ofti - , 2020.
•
MICHELLE J. dOMEZ
MAYOR
ATTEST:
J IFE JOHNS , MC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN •
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
)64)770— 41, 9/7 4/1.4
SAMUEL S. GORENU
CITY ATTORNEY
EXHIBIT A
TAMARAC
The City For Your Life
City of Tamarac
Voluntary Separation Incentive Plan
(Effective June 24,2020)
Plan Document
And
Summary Plan Description
City of Tamarac
Voluntary Separation Incentive Plan
Table of Contents
INTRODUCTION 3
ELIGIBLE EMPLOYEE 3
ADDITIONAL CONDITIONS OF ELIGIBILITY 4
ACCEPTANCE 4
PLAN APPLICATION 5
AGREEMENT, WAIVER AND RELEASE; REVOCATION 5
SEPARATION INCENTIVE BENEFITS 6
NON-PLAN PAYOUTS 9
RELATIONSHIP TO THE CITY'S PENSION PLANS 9
NO RE-EMPLOYMENT WITH THE CITY 9
PLAN ADMINISTRATION 9
NO ASSIGNMENT 9
RETURN OF SEPARATION INCENTIVE PAYMENTS 9
NO REPRESENTATION CONTRARY TO THE PLAN 10
NO EMPLOYMENT RIGHTS 10
APPLICABLE LAW 10
SEVERABILITY 10
MISCELLANEOUS PROVISIONS 10
ATTACHMENT I: APPLICATION 11
ATTACHMENT II: AGREEMENT, WAIVER AND RELEASE 13
2
City of Tamarac
Voluntary Separation Incentive Plan
INTRODUCTION
The City of Tamarac (the "City") is offering the City of Tamarac's Voluntary Separation
Incentive Plan (the "Plan"), effective June 24, 2020. The purpose of the Plan is to
reduce and contain costs through savings in personnel expenses, and to provide
opportunities for employees considering retirement or other career options by providing
a package of separation incentive benefits. These incentives would allow employees to
voluntarily separate from service with the City according to the Plan's terms, by
completing, signing and submitting an Application and Agreement, Waiver and Release
provided by the City, and meeting all of the other terms of the Plan.
Participation in the Plan shall be on a strictly voluntary basis. The choice is entirely that
of each individual eligible employee. No one at the City is requiring any employee to
accept or reject participation in the Plan. However, participation shall be solely in
accordance with the terms of the Plan as set forth herein.
This document serves as both the official Plan Document and the Summary Plan
Description. Employee rights are governed by the terms of this document. The Plan will
terminate when all incentive benefits provided by the Plan provided herein have been
provided.
ELIGIBLE EMPLOYEE
Eligible Employees of the City may apply to participate in the Plan. You are an "Eligible
Employee" if you meet the following:
A. As of June 24, 2020, you:
• are a regular, full-time employee of the City, and
• have not already provided the City with a signed letter of resignation or a
signed letter of retirement (this would include an irrevocable letter of
resignation as part of participation in a DROP program); applied for or are
already on a disability pension, or otherwise have left the City's employment,
and
• are not in the process of being involuntarily terminated, and
• either have been employed by the City at least 20 years OR are fully vested
and eligible for a normal unreduced pension or a retirement benefit from the
City's 401(a) retirement plan.
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B. By 5:00 p.m. on Monday, August 10, 2020 commit to leaving the City's
employment on or before August 31, 2020.
Independent contractors, consultants, individuals performing services for the City who
have entered into an independent contractor or consulting agreement with the City,
leased employees, regular part-time, limited term and temporary/seasonal employees of
the City are not eligible to participate. In particular, individuals not treated as full-time
employees by the City on its payroll records and for tax purposes are excluded from
participation even if a court or administrative agency determines that such individuals
are employees.
ADDITIONAL CONDITIONS OF ELIGIBILITY
An otherwise Eligible Employee (as define above) who is accepted to participate in the
Plan shall not be eligible for separation incentive benefits under the Plan if:
A. the employee ceases to be an Eligible Employee as defined above;
B. the employee's employment with the City terminates by reason of death,
resignation or job abandonment before his or her voluntary separation date (as
described later);
C. the employee is terminated by reason of unacceptable performance under the
City's policies or because of a violation of City policy;
D. the employee timely revokes the Agreement, Waiver and Release;
E. the employee fails to comply with the terms of the Plan; or
F. the Plan is terminated.
ACCEPTANCE
While it is the intention of the City to allow as many Eligible Employees to participate in
the Plan as possible, the City reserves the right to deny participation to an Eligible
Employee to the extent the City determines, in its sole discretion, that the employee's
departure would have a critical adverse impact to the financial, operational or business
needs of the City. The City will advise each applicant as soon as practicable after
receipt of the Application and Agreement, Waiver and Release whether the employee's
Application and Agreement, Waiver and Release have been approved.
4
PLAN APPLICATION
If an employee meets the definition of Eligible Employee above, and wants to participate
in the Plan, he or she must timely submit the Application and Agreement, Waiver and
Release. The Application and Agreement, Waiver and Release are attached to this
document as Attachments I and II, respectively. The employee must return the
completed and signed Application and Agreement, Waiver and Release to the Human
Resources Department during the Application period. The Application period begins on
Thursday June 25, 2020 at 8:00 a.m. and ends on Monday, August 10, 2020 at 5:00
p.m. If the employee does not submit a completed and signed Application and
Agreement, Waiver and Release to the Human Resources Department on or before
Monday, August 10, 2020 at 5:00 p.m., he or she cannot become a participant. If the
employee completes, signs and submits the Application and Agreement, Waiver and
Release, he or she is indicating that he or she is willing to voluntarily separate from his
or her employment with the City on or before August 31, 2020, in exchange for the
separation incentive benefits described below.
The date the employee chooses to separate from the City, which must be on or before
August 31, 2020, is known as his or her "voluntary separation date."
AGREEMENT, WAIVER AND RELEASE; REVOCATION
To receive the separation incentive benefits described below, the employee must
submit a signed Voluntary Separation Incentive Plan Application and Agreement,
Waiver and Release to the Human Resources Department on or before 5:00 pm on
August 10, 2020. The Application and Agreement, Waiver and Release are attached
hereto as Attachments I and II, respectively.
If he or she signs and submits the Application and the Agreement, Waiver and Release,
he or she may revoke it within seven (7) calendar days of the date they are submitted.
If the employee wishes to revoke the Agreement, Waiver and Release, it must be done
in writing, and the Human Resources Department must receive the request to revoke
within seven (7) calendar days of the date the forms were submitted. If the Application
and Agreement, Waiver and Release are revoked in that seven (7) calendar day period,
the employee shall not be eligible to receive any benefits available under the Plan.
THE EMPLOYEE IS ADVISED TO CONTACT THEIR PERSONAL ATTORNEY,
FINANCIAL ADVISOR, UNION REPRESENTATIVE (IF APPLICABLE), OR ANY
OTHER PROFESSIONAL ADVISOR OF HIS OR HER CHOOSING AT THE
EMPLOYEE'S OWN EXPENSE TO REVIEW THE APPLICATION AND AGREEMENT,
WAIVER AND RELEASE, IF DESIRED.
5
SEPARATION INCENTIVE BENEFITS
Eligible Employees, who execute and do not later revoke their signed Agreement,
Waiver and Release, and whose Application and Agreement, Waiver and Release is
approved by the City, shall select from one of the following options under the Plan. The
selection of the Separation Incentive Benefit Option is irrevocable.
Option #1 —Twenty (20) weeks of base pay.
The Employee shall receive, as part of their final pay a lump sum payment of twenty
(20) weeks of_base pay at the time of his or her voluntary separation date (does not
include overtime, allowances or any other type of additional pay). Twenty (20)
weeks equals 1/52 of annual base pay multiplied by twenty (20). All legally required
taxes, authorized deductions and any sums owing to the City shall be deducted from
the separation incentive payment, as allowed or required by law.
Option #2 — Fourteen (14) weeks of base pay and a $500 per month offset
towards the employee's City health insurance election tier for up to twelve (12)
months.
The employee shall receive, as part of their final pay a lump sum payment of
fourteen (14) weeks of base pay at the time of his or her voluntary separation date
(does not include overtime, allowances or any other type of additional pay).
Fourteen (14) weeks equals 1/52 of annual base pay multiplied by fourteen (14). All
legally required taxes, authorized deductions and any sums owing to the City shall
be deducted from the separation incentive payment, as allowed or required by law.
Additionally, for employees participating in the City's health insurance program on
their voluntary separation date, the City will pay $500 towards the cost of the
employee's monthly health care premium for the class description and coverage
classification of health insurance coverage the employee had as of his or her date of
separation and maintained thereafter. The City's payments will be made pursuant to
the applicable Health Plan for the period of up to twelve (12) months (provided the
employee is otherwise in compliance with terms of the Plan and the employee and
eligible dependents are otherwise eligible to continue to participate in the Health
Plan), beginning with the first day of the month after the employee separates from
service with the City. Please read the information below under the heading
"Important Information Regarding Health Insurance Benefits in Options#2, #3 & #4".
6
Option #3 — Seven (7) weeks of base pay and a $500 per month offset towards
the employee's City health insurance election tier for up to twenty-four (24)
months.
The employee shall receive, as part of their final pay a lump sum payment of seven
(7) weeks of base pay at the time of his or her voluntary separation date (does not
include overtime, allowances or any other type of additional pay). Seven (7) weeks
equals 1/52 of annual base pay multiplied by seven (7). All legally required taxes,
authorized deductions and any sums owing to the City shall be deducted from the
separation incentive payment, as allowed or required by law.
Additionally, for employees participating in the City's health insurance program on
their voluntary separation date, the City will pay $500 towards the cost of the
employee's monthly health care premium for the class description and coverage
classification of health insurance coverage the employee had as of his or her date of
separation and maintained thereafter. The City's payments will be made pursuant to
the applicable Health Plan for the period of up to twenty-four (24) months (provided
the employee is otherwise in compliance with terms of Plan and the employee and
eligible dependents are otherwise eligible to continue to participate in the Health
Plan), beginning with the first day of the month after the employee separates from
service with the City. Please read the information below under the heading
"Important Information Regarding Health Insurance Benefits in Options#2, #3 & #4".
Option #4 — A $500 per month offset towards the employee's City health
insurance election tier for up to thirty-six (36) months.
For employees participating in the City's health insurance program on their voluntary
separation date, the City will pay $500 towards the cost of the employee's monthly
health care premium for the class description and coverage classification of health
insurance coverage the employee had as of his or her date of separation and
maintained thereafter. The City's payments will be made pursuant to the applicable
Health Plan for the period of up to thirty-six (36) months (provided the employee is
otherwise in compliance with terms of the Plan and the employee and eligible
dependents are otherwise eligible to continue to participate in the Health Plan),
beginning with the first day of the month after the employee separates from service
with the City. Please read the information below under the heading "Important
Information Regarding Health Insurance Benefits in Options#2, #3 & #4".
7
Important Information Regarding Health Insurance Benefits in Options #2, #3 & #4
Voluntary separation is a qualifying event whereby an employee is eligible to
participate in health care coverage under COBRA, therefore, the City is required to
advise the employee of this right. It is the employee's sole option whether they
choose to participate in COBRA coverage, or select an Option under the Plan which
will continue health care coverage as described in the relevant options of the Plan.
Under no circumstances is an employee entitled to receive both forms of health
coverage. The benefits included in the Plan options may meet or exceed group
health insurance COBRA provisions.
Employees who separate under the Plan and elect to continue health insurance
coverage under one of the options offered will be required to pay the applicable
premium for the class description and coverage classification selected. The premium
may change over time during the term of the Employee's continued health coverage
following their separation, but in no event will the Employee's premium differ from
that offered to the City's eligible insurance continuation rates for retired employees.
Under either COBRA or any option under the Plan in which health coverage is
selected, the employee will be responsible for the timely payment of their portion of
all health insurance premiums in order to maintain health coverage during the time
period selected by the Employee. Information will be provided to the Employee prior
to separation as to the acceptable method of submitting their premium payments.
Late payment or non-payment by the Employee of their share of their health
insurance premium shall result in the cancellation of their health insurance coverage.
in the event of cancellation of their health insurance coverage due to the Employee's
late or non-payment, the Employee will not be entitled to any further health
insurance benefits from the City.
Only participants in this Plan who retire immediately or retire within the
maximum period of continuation of health coverage under their selected
Option of the Plan, and meet the eligibility requirements of the City's retiree
benefits continuation may continue to participate in the City's group health
insurance plans under the same terms and conditions applicable to other
retirees once this Plan benefit has been exhausted.
The health insurance coverage under the Plan options does not include dental, life
or any other form of insurance coverage offered by the City.
Eligibility for Federal reimbursements towards the City's Health Plan will have no
impact on the health premium cost sharing percentage.
8
NON-PLAN PAYOUTS
All other accrued payouts or benefits provided to which an employee is entitled (e.g.,
pay for accrued but unused leave) will be paid consistent with existing City policies, pay •
plans, collective bargaining agreements and laws, as applicable, and are not part of the
consideration offered under this Plan.
RELATIONSHIP TO THE CITY'S PENSION PLANS
The Voluntary Separation Incentive Plan does not modify or replace any of the
provisions or specifications of any of the City's Pension Plans that determine an
employee's eligibility to receive pension benefits from any of the Plans.
NO RE-EMPLOYMENT WITH THE CITY
An eligible employee who participates in the plan may not seek or accept re-
employment in any capacity with the City after his or her voluntary separation date.
PLAN ADMINISTRATION
The City Manager is the "Plan Administrator" of this Voluntary Separation Incentive
Plan. The Plan Administrator has the discretionary authority to determine eligibility for
Plan benefits and to construe the terms of the Plan, including making factual
determinations. Benefits under the Plan shall be payable only if the Plan Administrator
determines, at his or her sole discretion, that an eligible employee is entitled to the
incentives. The decisions of the Plan Administrator are final and conclusive with respect
to all questions concerning the Plan's administration.
NO ASSIGNMENT
Separation incentive benefits payable under the Plan shall not be subject to anticipation,
alienation, pledge, sale, transfer, assignment, garnishment, attachment, execution or
encumbrance of any kind and any attempt to do so shall be void, except as required by
law.
RETURN OF SEPARATION INCENTIVE PAYMENTS
An eligible employee shall be required to return to the City all separation incentive
benefits (or portions thereof) that the City paid by mistake of fact, mistake of law, or
contrary to the terms of the Plan.
9
NO REPRESENTATION CONTRARY TO THE PLAN =:
No employee, officer, director, trustee, or elected official of the City has the right to alter,
vary, or modify the terms of the Plan, except by means of an authorized written
amendment.
NO EMPLOYMENT RIGHTS
The Plan shall not confer employment rights upon any person. No person shall be
entitled, by virtue of the Plan, to remain employed by the City and nothing in the Plan
shall restrict the right of the City to terminate an eligible employee's or any other
person's employment at any time consistent with the terms that were in effect at the
time of introduction of this Plan, as provided in applicable City Policies or collective
bargaining agreements.
APPLICABLE LAW
The Plan shall be governed and construed in accordance with the laws of the State of
Florida.
SEVERABILITY
If the Plan Administrator or a court of competent jurisdiction finds, holds or deems any
provision of the Plan to be void, unlawful or unenforceable under any applicable statute
or other controlling law, the provision shall be severed from the Plan and the remainder
of the Plan shall continue in full force and effect.
MISCELLANEOUS PROVISIONS
All City property (i.e. keys, credit cards, documents and records, printers, laptops or
other computers, phones, pagers, radios, identification cards, automobiles, or any other
equipment or property) must be returned by the eligible employee as of his or her
voluntary separation date in order for such eligible employee to receive separation
incentive benefits under the Plan.
The Plan is hereby authorized by City of Tamarac, Resolution 2020- and
execution of this Plan by the City of Tamarac's duly authorized officer.
10 •
ATTACHMENT
APPLICATION
rI
I�4r
11
CITY OF TAMARAC
VOLUNTARY SEPARATION INCENTIVE PLAN
APPLICATION
Please note: The Voluntary Separation Incentive Plan (the "Plan')Application period begins on Thursday, June 25, 2020 at 8:00 a.m.
and ends on Monday, August 10, 2020 at 5:00 p.m. Completed and signed Application and Agreement, Waiver and Release forms
must be submitted to the Human Resources Department during the Application period. If the completed and signed Application and
Agreement, Waiver and Release forms are not submitted to the Human Resources Department on or before Monday,August 10, 2020
at 5:00 p.m., the eligible employee cannot become a participant in the Plan. The City reserves the right to accept or deny any
Application for the Plan based upon financial, operational or business needs of the City.
I am eligible to participate in the City of Tamarac Voluntary Separation Incentive Plan (the "Plan") and wish to
apply for Plan benefits.
I acknowledge and agree that I understand the terms and conditions of the Plan, as set forth in the Plan
Document and Summary Plan Description.
I further acknowledge that my decision to apply is completely voluntary, and that I have been advised to consult
with an attorney or other advisor before signing this Application.
I wish to voluntarily separate from my employment with the City of Tamarac effective
(but no later than August 31, 2020).
I understand that the selection of my Separation Incentive Benefit Option is irrevocable. I select the following
Separation Benefit Option offered under the Plan (Check and initial only ONE option):
❑ Option#1 —Twenty(20)weeks of base pay. •
❑ Option #2 — Fourteen (14) weeks of base pay and a $500 per month offset towards the employee's City health
insurance election tier consistent with City retiree benefit continuation rates for up to twelve(12) months.
LI Option #3 — Seven (7) weeks of base pay and a $500 per month offset towards the employee's City health
insurance election tier consistent with City retiree benefit continuation rates for up to twenty-four(24) months.
❑ Option #4—A$500 per month offset towards the employee's City health insurance election tier consistent with
City retiree benefit continuation rates for up to thirty-six(36) months.
I understand that in order to receive the Separation Incentive Benefits described in the Plan, I must complete, sign and
submit the Agreement, Waiver and Release. If my Agreement, Waiver and Release is revoked in the seven (7) calendar
day revocation period, as defined in the Plan, I will not be eligible to receive any benefits available under the Plan.
Eligible Employee- Please Print Signature of Eligible Employee Date
Witness -Please Print Signature of Witness Date
Human Resources Use Only
Date/Time Application&Agreement,Waiver and Release received by Human Resources:
Eligibility Confirmed by: Date:
❑Accepted/ODenied by: Date:
ATTACHMENT II
AGREEMENT, WAIVER AND RELEASE
is
}
13
CITY OF TAMARAC
VOLUNTARY SEPARATION INCENTIVE PLAN
AGREEMENT, WAIVER AND RELEASE
THIS AGREEMENT, WAIVER AND RELEASE ("Agreement") is entered into this
day of , 2020 between the City of Tamarac, Florida ("City") and
, the Employee, to document the terms of the
Voluntary Separation Incentive Plan.
WHEREAS, the City of Tamarac, through its City Manager, is committed to identifying cost-
saving opportunities and to implement programs that will successfully reduce recurring fiscal
costs to the organization while minimizing the impact to the City's employees; and
WHEREAS, the City has announced a Voluntary Separation Incentive Plan (the "Plan") which
provides incentive benefits for participation; and
WHEREAS, the City has prepared and distributed a Plan Document and Summary Plan
Description (collectively known as the "Plan Documents") setting forth the terms and conditions
for participation in the Voluntary Separation Incentive Plan; and
WHEREAS, the Employee is eligible for participation in the Voluntary Separation Incentive Plan
based upon the terms and conditions set forth in the Plan Document and Summary Plan
Description and elects to so participate in the Plan;
NOW, THEREFORE, in consideration of and in exchange for the mutual covenants expressed
herein and which are derived from the creation of and participation in the Voluntary Separation
Incentive Plan, the parties agree as follows:
1. All representations and statements as set forth in the foregoing "Whereas" clauses are
true and correct and constitute material representations of each party to the other.
2. The Employee, by his/her signature below, elects to participate in the Voluntary
Separation Incentive Plan which will result in the Employee's separation from City employment,
and the City, through the signature of its representative below, accepts the resignation of the
Employee. Accordingly, the Employee's last day of employment with the City is
, a date which has been approved by the City Manager.
3. The Employee understands and agrees that the benefits offered by the Plan are being
offered as consideration for participating in this Plan and separating from employment, and that
these are benefits to which the Employee would not have been otherwise entitled had he/she
not elected to participate in this Plan. The Employee agrees not to seek or accept re-
employment with the City.
4. The City will have the sole right to accept or deny any application for this Plan based
upon financial, operational or the business needs of the City.
5. The Employee acknowledges and understands that the Plan is offered only to those
eligible employees as defined in the Plan Documents.
City Initial Employee Initial
Voluntary Separation Incentive Plan
Agreement,Waiver and Release
Page 2 of 4
6. The benefit amounts due the Employee under the Plan will be calculated based on the
specific option selected by the Employee in the Application executed by the Employee.
7. At the time of separation, the Employee will be paid for all unused leave balances to
which the Employee is entitled, in accordance with the City's policies, Personnel Manual or •
applicable collective bargaining agreements.
8. Employees who separate under the Plan and elect to continue health insurance
coverage under one of the options offered will be required to pay the applicable premium in
accordance with the class description and coverage classification of health insurance coverage
the employee had as of his or her date of separation and maintained thereafter. The Employee
acknowledges that the premium may change over time during the term of the Employee's
continued health coverage following their separation, but in no event will the Employee's
premium differ from that of the City retiree benefits continuation premiums for the tier of
coverage selected.
9. The Employee will be responsible for the timely payment of their portion of all health
insurance premiums in order to maintain health coverage during the time period selected by the
Employee. Information will be provided to the Employee prior to separation as to the acceptable
method of submitting their premium payments. The Employee understands that late payment or
non-payment by the Employee of their share of their health insurance premium shall result in
the cancellation of their health insurance coverage. In the event of cancellation of their health
insurance coverage due to the Employee's late or non-payment, the Employee will not be
entitled to any further health insurance benefits from the City.
10. The Employee agrees to return all City property issued to the Employee by the City prior
to their separation date. The City will withhold payment to the Employee until all City property is
returned by the Employee.
11. In consideration for the benefits offered by the City, the Employee hereby waives any
and all claims which he/she has against the City and all related entities and each and every one
of their current and former officials, officers, managers, employees, representatives, agents and
attorneys arising out of the Employee's employment with the City or separation from that
employment. This Waiver and Release includes, but is not limited to, any claim or lawsuit which
has been or could have been brought under Title VII of the Civil Rights Act of 1964 (as
amended by, among other things, the Civil Rights Act of 1991); Equal Pay Act; Americans with
Disabilities Act; Family and Medical Leave Act; Fair Labor Standards Act; the Age
Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act; the
Constitutions of the United States pursuant to 42 U.S.C. §1983 and the State of Florida; Florida
Whistleblower's Act (§112.3187, et seq, Florida Statutes); Florida Civil Rights Act of 1992; and
any and all amendments to any and all of the foregoing laws; and/or any other applicable
federal or state statute, or any local law or ordinance, and any common law cause of action,
dealing with employment discrimination on grounds such as sex, race, color national origin,
citizenship, speech, political affiliation, religion, disability/handicap, age, marital or familial
status, whistle blowing, retaliation, or the filing of an unemployment compensation claim, and
City Initial Employee Initial
Voluntary Separation Incentive Plan
Agreement, Waiver and Release
Page 3 of 4
claim for breach of contract, defamation, constitutional violation, wrongful discharge, intentional
or negligent retention of employees, claims for emotional distress or claims of personal injury of
any type, and/or claims based upon any City rule, regulation or policy. The Employee
acknowledges that the foregoing list of claims or causes of actions which have been waived is
meant to be illustrative rather than all-inclusive. This Waiver and Release does not waive or
release any rights or claims arising after the signing of this Agreement. Employee further
agrees that this Agreement includes claims based on theories of contract or tort, whether based
on common law, Florida Statutes, Federal Statutes, rules or provisions or otherwise.
12. The Employee acknowledges that he/she has been given at least forty-five (45) calendar
days to consider this Agreement and all Plan Documents before signing. The Employee further
acknowledges that he/she has been advised in writing by this Agreement to consult with an
attorney or other advisor before signing this Agreement, to help ensure that he/she fully
understands the significance of all terms and conditions of this Agreement.
13. The Employee may revoke this Agreement, Waiver and Release within seven (7)
calendar days of its execution and submission to the City's Human Resources Department.
Revocation must be by delivery of written notification to the City's Human Resources
Department. It is specifically understood that this Agreement, Waiver and Release shall not
become effective or enforceable until the seven-day revocation period has expired.
Consideration for this Agreement, Waiver and Release will not be paid until after the end of the
seven (7) calendar day revocation period. The Employee agrees that any modifications,
material or otherwise, made to this Agreement, Waiver and Release, do not restart or affect in
any manner the original up to forty-five (45) calendar day consideration period. However, if the
Employee does not revoke this Agreement within the revocation period, the Employee
acknowledges and agrees that the decision to participate in the Plan and the selection of the
particular Plan option are both irrevocable decisions.
14. This Agreement shall be governed by the laws of the State of Florida. Should any
provision of this Agreement be declared or be determined by any court to be illegal or invalid, it
shall be deemed not to be a part of this Agreement and shall not affect the validity of the
remaining parts, terms, or provisions of this Agreement.
15. This Agreement constitutes the complete agreement and understanding regarding the
Voluntary Separation Incentive Plan and supersedes any prior written or oral agreement. This
Agreement may not be altered, amended, or modified, except by a further written document
signed by the Employee and the City.
16. In the event of an alleged breach of this Agreement, the Employee and the City hereby
agree that all underlying causes of action or claims of Employee and the City have been
extinguished by this Agreement and that the sole remedy for breach of this Agreement shall be
for specific performance of its terms and conditions. In this regard, the Employee and the City
further agree that the sole venue for any such action for specific performance shall be Broward
County, Florida.
City Initial Employee Initial
Voluntary Separation Incentive Plan
Agreement,Waiver and Release
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17. The persons whose signatures appear below acknowledge that they have the full
authority to execute this Agreement on behalf of the parties for whom they are signing and that
they have not sold, assigned, transferred, conveyed, or otherwise disposed of all or any portion
of the release claims. By affixing his/her signature below, the Employee attests that he/she has
read this Agreement, that he/she understands its terms and conditions, that he/she has not
been coerced into signing this Agreement, and that he/she knowingly and voluntarily agrees to
abide by its terms because the terms are satisfactory and beneficial to the Employee. No
promise or inducement of any kind has been made to the Employee by the City of Tamarac or
by anyone else to cause the Employee to sign this Agreement, except as set forth above.
Print Full Name Signature Date
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of 2020, by (name of person
acknowledging).
Signature of Notary Public- State of Florida
Print, Type, or Stamp Commissioned Name of Notary Public
Personally Known OR
Produced Identification; Type of Identification Produced:
Michael C. Cernech, City Manager Date Signed
City Initial Employee Initial