HomeMy WebLinkAboutR-2024-103 City Manager Ana M. Garcia - Employment Agreement ExtensionRESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER
INTO AN EXTENSION OF 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 initial agreement expired on March 12, 2022; and
WHEREAS, at the Commission meeting held on March 8, 2022, pursuant to
Resolution No. 2022-044, Ms. Garcia's employment agreement was extended to December
31, 2024; and
WHEREAS, consistent with the requirements of the Charter, the City Commission
held a public hearing on July 9, 2024, relating to the execution of an extension of City
Manager Employment Agreement with Ms. Garcia with specific terms; 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 one-year 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 extension of employment agreement with Ms. Garcia with specific terms and
conditions, 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Resolution are repealed to the extent of such conflict.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 10 days after its passage
and adoption.
PASSED AND ADOPTED on � ' k Ltd , 12024
Motion by& 1 (,S CLIVi 0 t, second by 4 e'-( 16W6Y .
FINAL VOTE ON ADOPTION: Unanimous 1
Yes No
Commissioner Joyce L. Davis _
Commissioner Tamara James _ _
Commissioner Marco Salvino _.
Vice Mayor Lori Lewellen _ _
Mayor Archibald J. Ryan IV
CITY CLERK
APPROVED AS TO FORM AND
TTORNEY
Oy
ARC IB �J. RY N IV
MAYOR r
�1SHED��
RESOLUTION #2024-
CITY MANAGER'S EMPLOYMENT AGREEMENT
THIS CITY MANAGER'S EMPLOYMENT AGREEMENT (this "Agreement") is
made and entered into on , 2024, 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 extend the Manager's contract by one year, commencing on March 13, 2024
(the "Commencement Date") and ending on December 31, 2025, 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;
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. Compensafion.
5.1 Ste. The annual salary of the Manager shall be Two Hundred Sixty Eight Thousand
Nine Hundred and Twenty Two Dollars ($268,922.00), which shall be payable in installments at the
same time and manner as other employees of the City are paid. The City Manager shall receive a
three percent (3%) salary merit increase, starting at the pay period following approval and
execution of this Employment Agreement. 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
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.
7.4 The City shall provide the City Manager the benefits provided to employees as provided
in the City's Personnel Policy Manual (PPM).
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
(1.5°/u) 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.
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. If additional dates of authorized leave are provided to employees (i.e. bereavement leave,
floating holiday or any other policy change) the City Manager shall automatically be entitled to the
same benefit.
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 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. If the Manager is terminated
without cause during the second or third year of employment, the Manager shall receive a bi-
weekly 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 bi-weekly 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 Ili, Article 3, Section 3(a) of the
City Charter (which is incorporated by this reference), the City shall have no obligation to pay 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.
H
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 Develoument.
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.
13.2 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 national
or state conferences, or both.
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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 parry 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 parry.
16.3 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.
IN WITNESS OF THE FOREGOING, the parties have executed this Agreement, in
duplicate, on the day and year first written above.
ATTEST:
ELORA RIERA, MMC
CITY CLERK
APPROVED FOR FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
CITY:
CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ARCHIBALD J. RYAN IV
MAYOR
Dated:
2024.
MiYYY►f�.`7M"
Signature
PRINT Name
Signature
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
CITY MANAGER:
ANA M. GARCIA, ICMA-CM
DATE
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, on
known to me or has produced
My commission expires:
2024 by Ana M. Garcia. She is personally
as identification.
NOTARY PUBLIC
State of Florida
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