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HomeMy WebLinkAboutHandouts_Regular_01/11/2007 (5)EMPLOYMENT AGREEMENT BETWEEN MICHAEL R. COUZZO, JR. AND THE VILLAGE OF TEQUESTA, FLORIDA This Agreement, made and entered into this i 4th day of March, 2002, by and between the Village of Tequesta, Florida, a municipal corporation, hereinafter called the "Village", and IVfichad R. Couzzo, Jr., an individual, hereinafter called "Employee", both of whom understand as follows: V~'IIEREAS, the Village desires to employ the services of Michael R. Couzzo, Jr. (Employee) as Village Manager of the Village of Tequesta as provided by appropriate Charter, statute and ordinance sections; and WHEREAS, it is the desire of the Village Council to provide certain benefits and establish conditions of employment; and WHEREAS, the Village seeks to provide inducement for Employee to remain in such employment and make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and to provide a just means for terminating Employee's services at such time as he may be unabte fully to discharge his duties or when the Village may desire to otherwise terminate his employment; and WHEREAS, Employee desires to accept employment as Village Itiianager of the Village of Tequesta. NOW, TI~REFORE, inconsideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 2. DUTIES Village hereby agrees to employ Employee as Village Manager of the Village to perform the functions and duties specified in the Village Charter, state statutes and ordinances and to perform such other legally permissible and proper duties and functions as the Village Council shall from time to time assign. SECTION 2. TERM This Agreement and all of its terms and provisions, shall be effective on March 14, 2002, and shall expire on October 15, 2004. Thereafter, this Agreement shall automatically renew annually on October 16~` of each subseyuetrt calendar year upon the same teams and conditions contained herein unless changed by agreement of the parties. Any amendments or changes to this Agreement shall be in writing and executed by both parties. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Village Council to terminate the services of Employee at the will of the y_ r,~ , : ~ , v ~ ~>, ~ .. ~ ~~- Agreement betwcea Village of Tequesta and Michael R. Couzao, Jr. Village Council, without cause, at any time, subject only to the provisions set forth in Section 3 of this Agreement. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the Village, subject to the provisions set forth in Section 3 of this Agreement. Employee agrees to remain in the exclusive employ of the Village and shall not become employed by any other employer unless resignation or termination is effected as hereinafter provided. The prohibition against outside employment shall not be construed to include occasional teaching, writing or consulting performed on Employee's time off. However, in no event shall Employee's outside employment interfere with or otherwise hinder the performance of his duties as Village Manager or reflect poorly upon the name or reputation of the Village. SECTION 3. TERMINATION AND SEVERANCE PAY In the event Employee is terminated by the Village Council before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform the duties of Village Manager, then and in that event the Village agrees to pay Employee a lump sum cash payment equal to six (6) months aggregate salary ("Severance Payment"), and shall contirnte Employee's other benefits (insurance coverage as set forth in Section 8, until Employee is re-employed and covered by another health insurance policy) provided hereunder for the six-month period immediately following termination. In the event Employee is re-employed during the six-month period immediately following termination, the Village's obligation to continue benefits shall cease. Re-employment, however, will not affect Employee's entitlement to the Severance Payment. In the event, however, that Employee is terminated for reasons relating to moral turpitude, malfeasance or dereliction of duty, then, in that event, the Village shall have no obligation to make the Severance Payment or continue benefits subsequent to termination, except as may be required by law. The Severance Payment, vacation, sick leave and other accrued benefits referenced in this agreement shall serve as liquidated damages and shall serve in the place and stead of any claim Employee may have against the Village, its officers or representatives, directly or indirectly relating to his termination. l:n the event the Village refuses, follow ing written notice, to comply with any ofthe provisions benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, made by a majority of the Village Council in official session that he resign, then and is that event, Employee may at his option be deemed to be "terminated" as of the date of such reduction, refusal to comply or resignation, within the meaning and context of this severance provision. 2 Agreement between Village of Tequesta and Michael R. Couuo, Jr. In the event Employee voluntarily resigns his position with the Village before expiration of the term of this agreement, then Employee shall give the Village sixty (60) days' advance notice and relinquishes any and all rights to the severance benefits pro~nded under this section. SECTION 4. SALARY Employee's current salary is $86,528.00. Village agrees to increase Employee's salary by 7°%0 retroactive to and beginning October 1, 2001 for services rendered pursuant to this Agreement for an annual base salary of $92,585.00. Employee's annual base salary shall be paid to Employee in equal installments at the same time other employees of the Village are paid. All subsequent provisions for annual evaluation with pay increase, if any, shall be determined by the Village Council. Employee shall be entitled to receive all across-the-board increases granted to other employees of the Village and his annual base salary shall be adjusted accordingly. An annual performance evaluation of Employee by the Village Council is encouraged for the benefit of the Village and Employee and pay increases, if any, other than across the board increases granted to other employees as specified herein, shall be tied to the performance evaluation. Except as specifically provided for in this section, the granting of salary increases based on Employee's performance evaluation is left exclusively to the discretion of the Village Council. Bonus. Upon execution of this Agreement, in recognition of exemplary past performance, a one-time bonus of $7,000.00 net (after applicable deductions) shall be paid by the Village to Employee. SECTION 5. VACATION Employee shall accumulate four (4) weeks of vacation annually on October 1 of each fiscal year beginning and retroactive to October 1, 200 ] . Any leave taken by Employee in excess of eighty (80) consecutive hours shall require prior approval of the Village Council. SECTION 6. AUTOMOBILE Because employment requires twenty-four (24) hour availability of a vehicle, the Village shall provide an automobile allowance to Employee in the amount of $500.00 per month for use of the Employee's personal vehicle. This figure may be reviewed by the Village Council periodically and adjusted according to the Bureau of Labor Statistics, Southeast Regional Office, Consumer Price Index. In addition to the above, the Employee shall be compensated at the standard rate approved by the Village Council for official vehicle usage for employer related trips required of the Village 3 Agreanent between Village of Tegnesta and MicLael R. Cou7zo. Jr. Manager outside Palm Beach/Martin County areas. Said mileage shall be computed from the outermost limits of the Falm Beach/Martin County areas to the final destination point. SECTION 7. PROFESSIONAL DEVELOPMENT The Village agrees to provide Employee the usual and necessary funding applicable for travel and subsistence necessary for the Employee's professional development and for the good of the Village. The Village agrees to pay the membership dues of the International City Managers Association, the Florida County and City Managers Association, and the Palrn Beach County City Managers Association. Village specifically agrees to budget and to pay for the travel and subsistence relating to conferences relating to municspal governmecrt management that would be in the best interest of the Employee and the Village, pursuant to the applicable travel policies of the Village, if any. Absent any Village travel policy relative to same, such travel and subsistence shall be reasonable as determined by the Village. SECTION 8. INSURANCE The Village agrees to provide hospitaliaation,llfe, major medical and other related insurance - for Employee and make available such coverage for his dependents and to pay the premiums thereon in a manner comparable to that which is provided for all other Village employees. SECTION 9. INDEMNIFICATION The Village shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Village Manager as provided by Charter and the Village Code of Ordinances and in connection with which Employee was acting within the scope of his duties as Village Manager. The Village Council reserves the right to select legal counsel and control the conduct of litigation or other adversarial proceedings for which indemnification is provided hereunder, including setting the terms of any settlement of such claims indemnified hereunder, In the event that during the defense or subsequent to the conclusion of any tort, professional liability or other claim asserted against Employee or arising from Employee's employment with the Village a court of competent jurisdiction or other fact-finder determines that Employee's conduct was fraudulent, criminal or intentionally tortious,Employee agrees to reimburse the Village for the costs of any defense provided hereunder. Agreement between Pillage of Tegnesta and Michael R. Couzzo,lr. SECTION 10. JOB RELATED EXPENSES The Village recognizes that certain expenses of anon-personal and job related nature, such as use ofEmployee's personal cellular phone, long distance calls and faxes from home, on-line computer time for computer located at home, software, attendance at local government meetings, job related publications, meals, etc. are necessarily incurred by the Employee in accordance with his employment as Village Manager. Therefore, Employee shall receive a general expense allowance of $200.00 per month, payable on the first day of each month, during his term of employment to cover these and similar expenses. Employee shall not be entitled to reimbursement for any expenses incurred over and above the $200.00 allowed as an expense allowance. Entitlement to this general expense allowance shall cease upon Employee's resignation or termination. SECTION 11. RETIREMENT The Village agrees to execute all necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for Employee's continued _ participation in said ICMA-RC Retirement plan. In addition to the base salary and other benefits paid by the Village to Employee as described in Section 3 of this Agreement, the Village agrees to pay an amount equal to six percent (6%) of Employee's annual base salary into the ICMA RC on Employee's behalf, in equal proportionate amounts each pay period and to transfer ownership to Employee upon Employee's resignation or discharge. Notwithstanding this provision, the maximum contribution to be paid by the Village under this section shall not exceed the maximum allowed by law. The Village shall also make contributions on behalf of the Employee to the retirement plan in effect for all Village employees at the same levels applicable to general administrative employees and agrees to transfer ownership of same to Employee upon .resignation or discharge. SECTION 12. OTHER TERMS AND CONDITIONS OF EMPLOYMENT The Village Council shall fix such other terms and conditions of employment as it may determine from time to time relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreerner-t, the Charter or any other law. Except as specifically provided herein, Employee shall be subject to all provisions of the Village Charter and Code, as well as regulations and rules of the Village relating to sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist ar hereafter may be amended. 5 Ag~ment beMeen Village of'Tequca~ta and Michael R. Couuo, Jr. The Village shall bear the full cost of any fidelity or other bonds required of the Employee under any ordinance. If any provision or any portion thereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in fiill force and effect. SECTION 13. CONFLICTS OF INTEREST Employee shall not, without the express prior written approval of the Village Council, individually, or as a partner, joint venturer, officer, shareholder or any other similar position of any kind or nature whatsoever, invest or participate in any business venture which conducts or intends to conduct business within the corporate limits of the Village, except for stock ownership in any company, the capital stock of which is publicly held and regularly traded. Except for purchase of a personal residence, Employee shall not own or invest in any real property within the corporate limits of the Village, without prior notification to and advance written approval by the Village Council, which approval may be withheld by the Village Council in its sole discretion. Employee is precluded from engaging in any conduct which creates either an actual or perceived conflict of interest under applicable federal, state or local law. SECTION 14. MISCELLANEOUS PROVISIONS This agreement constitutes the entire understanding between the parties regarding issues relating to Employee's employmern with the Village, and supersedes any prior agreement or understanding, whether verbal or written, which may have existed between the parties. This Ageemertt may not be amended except in writing and with the express approval of both parties. In the event it should become necessary for either party to initiate adversarial proceedings to enforce the terms of this agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees incurred in such efforts. Venue for any such proceeding shall be in a court of competent jurisdiction in Palm Beach County. Employee acknowledges that he has been afforded the opportunity and encouraged to obtain the representation of legal counsel in connection with the drafting and execution of this Agreement. As such, no provision of this Agreement shall be construed in favor of or against either party by virtue of draftsmanship. 6 Agreement between Village of Tequzcta and Michael R. Couzzo, Jr. TN Vb'ITNESS WEIEItEOF, the Village of Tequesta has caused this agreement to be signed and executed on its behalf by the Mayor and duty attested by its V'iilage Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. VILLAGE COUNCIL EMPLOYEE By: Mayor Geraldine Genco ATTEST: By: Village Clerk sy: 7 Michael R Couzzo, Jr.