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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. 3 t9 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 Page 4 of 4 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