HomeMy WebLinkAboutR-2022-044 City Manager Contract (Garcia)RESOLUTION NO.2022-044
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER
INTO AN EMPLOYMENT AGREEMENT WITH THE CITY MANAGER,
ANA M. GARCIA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach, Florida, as prescribed
by Part III, Article 3, Section 3 of the City Charter, held a public hearing on February 26,
2019, at a regular City Commission meeting pertaining to execution of an initial City
Manager Employment Agreement with Ana M. Garcia; and
WHEREAS, Ms. Garcia's current employment agreement expires on March 12, 2022,
and pursuant to the Charter, Part III, Article 3, Section 3(a), that agreement cannot be
extended beyond three (3) years; and
WHEREAS, the City Commission has been provided the opportunity to meet with the
City Manager regarding her performance evaluation and the City Commission wishes to enter
into a new employment agreement with the City Manager; and
WHEREAS, consistent with the requirements of the Charter, the City Commission
held a public hearing on March 8, 2022, relating to the execution of a new City Manager
Employment Agreement with Ms. Garcia; and
WHEREAS, notice of the hearing was published as prescribed by the Charter; and
WHEREAS, having conducted the public hearing, the City Commission desires to
enter into a new two-year, nine -month agreement with Ms. Garcia;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission authorizes the proper City Officials to
execute the contract with Ms. Garcia, a copy of which Agreement is attached as Exhibit "A"
and is incorporated by reference into this Resolution.
Section 2. That the City Attorney is authorized to make minor revisions to the
provisions of the Agreement as deemed to be necessary and in the best interest of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on March 8, 2022.
ATTEST:
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THOMAS SCHNEIDER, CMC
CITY CLERK
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APPROVED AS TO FORM AND CORRECTNESS:
EV . BOOTSIS
C Y ATTORNEY
2 RESOLUTION #2022-044
CITY MANAGER'S EMPLOYMENT AGREEMENT
THIS CITY MANAGER'S EMPLOYMENT AGREEMENT (this "Agreement") is
made and entered into on , 2022, between the City of Dania Beach (the
"City") and Ana M. Garcia (the "Manager").
TERMS
1. Employment. The City employs the Employee as its City Manager under the following
terms and conditions.
2. Term.
2.1 The Manager has successfully served since March 13, 2019. This Agreement for
the Manager shall have a term of two years and nine months commencing on March 13, 2022
(the "Commencement Date") and ending on December 31, 2024, unless earlier terminated as
provided in this Agreement or unless the Manager engages in any of the conduct triggering
automatic termination of the Agreement pursuant to Part III, Article 3, Section 3(a) of the City
Charter.
2.2 No later than ninety (90) days prior to expiration of this Agreement, unless this
Agreement is terminated earlier as provided in this Agreement, the City Commission
("Commission") shall notify the Manager of its intention to either enter into a new agreement or
to allow this Agreement to expire. If the Commission intends to let this Agreement expire, the
Manager may resign from her position with two (2) weeks' prior written notice and shall be
entitled to receive any accrued unused annual leave, sick leave and personal days. In the event
this Agreement expires due to the Commission's failure to act and Manager is ready, willing and
able to continue with her employment as Manager, the Commission agrees to continue providing
the Manager with her regular bi-weekly salary and benefits as provided in this Agreement, until
otherwise notified by the Commission.
3. Duties.
The Manager shall perform the duties and exercise the powers of City Manager as
prescribed by state law and as provided in the City Charter, including but not limited to the
following:
3.1 Be responsible for the appointment, supervision and removal of all City
employees;
3.2 Direct and supervise the administration of all departments but not City boards or
agencies, unless so directed by the Commission from time to time;
3.3 Attend all Commission meetings except when excused by the Commission and
shall participate in discussion but not have the right to vote;
RESOLUTION #2022-044
3.4 See that all laws, provisions of the Charter and acts of the Commission, subject to
enforcement and administration by her or by officers subject to her direction and supervision, are
faithfully executed;
3.5 Prepare and submit to the Commission a proposed annual budget and capital
program;
3.6 Submit to the Commission and make available to the public an annual report on
the finances and administrative activities of the City as of the end of each fiscal year;
3.7 Prepare such other reports as the Commission may require concerning the
operations of City departments, offices, boards and agencies;
3.8 Keep the Commission fully advised as to the financial condition and future needs
of the City and make such recommendations to the Commission concerning the affairs of the
City as she deems to be in the best interests of the City;
3.9 Execute contracts, deeds and other documents on behalf of the City as authorized
by the Commission; and
3.10 Perform such other duties as are specified in the Charter and as may be required
by the Commission.
4. Hours of Work. The Manager agrees to remain in the exclusive full-time employment of the
City and shall not accept any other employment during the term of this Agreement. The Manager
further agrees to devote that amount of time and energy which is reasonably necessary for the Manager to
faithfully perform her duties under this Agreement. Notwithstanding the foregoing, with the prior
consent of the Commission, the Manager, from time to time, may engage in teaching opportunities so
long as such opportunities are not for compensation and do not conflict with or affect her ability to
perform her duties under this Agreement.
5. Compensation.
5.1 S ar . The annual salary of the Manager shall be Two Hundred Thirty One
Thousand Seven Hundred Dollars and Fifty Six Cents ($231,700.56) which shall be payable in
installments at the same time and manner as other employees of the City are paid. Any increase in
the annual base salary other than as provided in Section 5.2 shall be in the sole discretion of the
City Commission, and only after the annual performance evaluations provided for under Section 6
of this Agreement.
5.2 The Manager's salary will increase to reflect an annual cost of living
adjustment at the same rate and effective time as the cost of living adjustment provided to
AFSCME bargaining unit employees.
6. Performance Evaluation.
6.1 An evaluation of the Manager shall be conducted annually each March in advance of
4 RESOLUTION #2022-044
the adoption of the annual operating budget. Any such review and evaluation shall be conducted in
accordance with criteria developed by the Commission. Criteria may be added or deleted as the
Commission may from time to time decide. If any such evaluation is not conducted, the Manager will
still receive the salary adjustment specified in Paragraph 5.2, above.
6.2 Subsequent to each evaluation of Manager's performance, but prior to the beginning
of each fiscal year, the Commission may (in consultation with the Manager) define such goals and
performance objectives, in writing, which they determine necessary for the proper operation of the
City and in attainment of the Commission's policy objectives and may further establish a relative
priority among those various goals and objectives. Any such goals and performance objectives shall
generally be attainable within the time limitations as specified and within the annual operating and
capital budgets and appropriations provided.
7. Stipends.
7.1 The City shall provide the Manager with an automobile allowance of six hundred dollars
($600.00) per month ($7,200.00) annually) to be paid on a bi-weekly pay period at the same time and in
the same manner as other employees, which is intended to cover the Manager's automobile related
expenses during her employment as City Manager.
7.2 The City shall provide the City Manager with a monthly cellphone and data stipend of
one hundred twenty five dollars per month ($1,500.00 annually) to be paid on a bi-weekly pay period
basis at the same time and in the same manner as other employees and such devices shall be connected to
the City's computer network.
7.3 The Manager will receive an annual $500.00 expense allowance paid in the
same manner as City Charter employees and Department Directors.
8. Insurance. The City shall provide the Manager with comprehensive medical, vision, and
dental insurance to participate in those plans in the same manner and amounts are to be paid as are
provided to Department Heads of the City. The Manager shall select such coverage from the
insurance plan provided to all City employees. The City also shall provide the Manager with life
insurance and long-term disability insurance coverage in the same manner and amounts as provided
by the City to other general employees of the City and pay the related cost of the premiums.
9. Retirement Benefits. The Manager shall be enrolled by the City in the Florida Retirement
System's ("FRS") Senior Management Service Class and the City shall be responsible for paying the
mandatory City Employer contributions into FRS for the Senior Management Service Class. In addition,
the City will pay one and one half percent (1.5%) of the required three percent employee contribution to
the plan on behalf of the City Manager. The Manager will pay the remaining one and one half percent
(1.51/o) of the employee contribution. The City Manager will be entitled to participate in the City's 457
Deferred Compensation plan at the same level of benefits afforded to all other City employees. The
election to participate must be made at the time of hire and the Manager will be required to contribute
the required Employee Contribution in order to receive the City match which is currently a maximum of
1.8% of pay.
5 RESOLUTION #2022-044
10. Annual Leave, Sick Leave and Personal Days. The Manager shall be entitled to the
following annual leave:
10.1 Twenty (20) days of annual vacation leave.
10.2 Twelve (12) days of annual sick leave.
10.3 Four (4) days of annual personal leave.
Vacation leave shall continue to accrue at the rate of 6.15 hours per pay period and sick leave will
accrue at the rate of eight (8) hours per month in the same manner as is applicable to all other City
employees.
11. Termination by City and Severance Pay.
11.1 In accordance with the Charter, the Manager shall serve at the pleasure of the
Commission. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right of the Commission to terminate the services of the Manager at any time during a regular or
special City Commission meeting.
11.2 In the event the Commission wishes to terminate the Manager without cause,
within the first year of her employment, the Manager shall receive a lump sum severance pay
equal to ten (10) weeks of her regular base salary at the time of termination. Such severance is
authorized by Florida law. A vote by the Commission to terminate without cause requires at least
a four fifths (4/5) vote. The City shall also continue to pay the premiums for the Manager's
medical, vision, and dental insurance for ten (10) weeks after the effective date of her
termination. If the Manager is terminated without cause during the second or third year of
employment, the Manager shall receive a lump sum severance salary equal to twenty (20) weeks
of her regular base salary and shall continue to pay the premiums for twenty (20) weeks of paid
medical, dental and vision insurance after the effective date of her termination. The Manager
shall be entitled to receive payment of any accrued unused vacation leave, sick leave and
personal days. The City's obligation to pay for medical, vision and dental insurance shall cease
upon Manager's ability to participate in another group plan offered by any subsequent employer.
The City shall not provide the Manager with any other benefit or reimbursement (except as
specifically set forth in this paragraph) beyond the date of her termination. All severance
payments (excluding the continuation of medical, vision, and dental insurance benefits) shall be
paid to the Manager in a lump sum upon her next regular pay period after termination. Upon
payment of the severance payment specified in this Section 11.2, and the medical, vison and
dental insurance benefits provided for in this Agreement, the City shall have no further
contractual financial obligations to the Manager. The severance payment shall constitute
stipulated and liquidated damages and the maximum amount of financial liability for which the
City may be liable in the event of termination for breach of contract. Termination by the
Commission under this Section or any other provisions of this Agreement shall not cause the
Manager to forfeit any vested benefits under the Defined Contribution Plan.
11.3 In the event the Manager is terminated for misconduct as defined in Section
443.036(30), Florida Statutes, or for the reasons set forth in Part III, Article 3, Section 3(a) of the
City Charter (which is incorporated by this reference), the City shall have no obligation to pay
6 RESOLUTION 42022-044
the Manager any compensation, severance pay, medical, vision, and dental insurance or other
benefits under this Agreement, including any unused accrued vacation leave, sick leave and
personal days. Misconduct includes, but is not limited to: (i) gross negligence in the
performance of her duties; (ii) conviction of a felony; (iii) gross insubordination; (iv) willful
neglect of duty; or (v) adjudicated violation of the Florida Code of Ethics for Public Officers and
Employees, the Broward Conflict of Interest and Code of Ethics, the City Charter, or the City's
Code of Ordinances.
11.4 If the Manager is unable to perform her duties as specified in Section 3 of this
Agreement for a period of thirty (30) consecutive days or sixty (60) non-consecutive days during
any one year period for any reason other than approved Family Medical Leave Act ("FMLA")
absence, the Commission may terminate this Agreement. If the Manager takes FMLA-approved
leave and exhausts her statutorily protected FMLA-approved leave in any one year period, the
Commission may terminate this Agreement. If this Agreement is terminated under this Section,
the Manager shall not be entitled to severance pay or any other benefits under the terms of this
Agreement except for payment of accrued unused leave (vacation, sick and personal leave).
12. Termination of Agreement by Manager.
12.1 In the event that the Manager resigns during the term of this Agreement, the
Manager shall provide the City with ninety (90) days' advance written notice, unless the parties
agree in writing to a different period of time. In the event of resignation by the Manager under
this Section, the Manager shall not be entitled to receive any severance or medical, vision or
dental insurance benefits; however, she shall be entitled to receive payment of any accrued
unused vacation leave, sick leave and personal days.
12.2 In the event that the Manager resigns with less than ninety (90) days' advance
written notice, the City Commission may elect to terminate the Manager immediately or allow
the Manager to continue to serve until the date specified in the Manager's resignation. In the
event of a resignation or termination under this paragraph, notwithstanding any other provisions
of this Agreement, the Manager shall not be entitled to receive any compensation, severance
payment, any accrued unused vacation leave, sick leave, and personal days unless the City
Commission authorizes payment of same.
13. Professional Development.
13.1 Subject to City policy and state law, the City agrees to pay the reasonable professional
dues and subscriptions of the Manager necessary for her continuation and participation as a member in
national, regional, state and local professional associations and organizations necessary and
desirable for her continued professional participation, growth and advancement, and for the good of
the City. The Manager shall not hold office in any local, state, regional or national professional
association or organization without prior written approval of the Commission.
132 Subject to City policy and state law, the City agrees to pay the travel and reasonable
per diem expenses of the Manager for travel to one national and one state association conferences per
year. The Manager may, with the advance written approval of the City Commission, attend additional
7 RESOLUTION #2022-044
national or state conferences, or both.
14. Notice. Notices pursuant to this Agreement shall be given by hand delivery or by certified mail
through United States Postal Service delivery, addressed as follows:
City: Mayor and Members of the City Commission
City of Dania Beach
100 W Dania Beach Blvd
Dania Beach, FL 33004
City Manager: Ana M. Garcia, ICMA-CM
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
City Attorney: Eve A. Boutsis
100 W Dania Beach Blvd
Dania Beach, FL 33004
15. Real Estate Investments Prohibited. Without the Commission's written approval, the
Manager shall not directly or indirectly invest in real estate within the City, except for her
primary residence.
16. Other Terms and Conditions.
16.1 If any provision, or any portion of a provision contained in this Agreement is held to be
unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or any portion
of it, shall not be affected and shall remain in full force and effect.
16.2 The waiver by either party of a breach of any provision of this Agreement by the other
shall not operate or be construed as a waiver of any subsequent breach by that party.
163 The rights and obligations in this Agreement are personal in nature and cannot be
transferred by the Manager.
16.4 This Agreement contains the entire agreement of the parties. It shall not be
changed or amended unless by an amendment in writing signed by the parties.
16.5 In the event of any litigation which arises out of, pertains to, or relates to this
Agreement, or the breach of it, or the standard of performance required in it, each party shall
bear its own attorney fees and costs.
16.6 This Agreement shall be governed by Florida law and any litigation which may arise
from this Agreement shall be filed and litigated in Broward County, Florida. The parties waive the
right to a jury trial.
8 RESOLUTION #2022-044
IN WITNESS OF THE FOREGOING, the parties have executed this Agreement, in duplicate,
on the day and year first written above.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED FOR FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
CITY:
CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
TAMARA JAMES
MAYOR
Dated:
2022.
9 RESOLUTION #2022-044
WITNESSES:
Signature
PRINT Name
Signature
PRINT Name
STATE OF FLORIDA
COUNTY OF
CITY MANAGER:
ANA M. GARCIA, ICMA-CM
DATE
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, on , 2022 by Ana M. Garcia. She is
personally known to me or has produced , as identification.
My commission expires:
NOTARY PUBLIC
State of Florida
10 RESOLUTION 92022-044