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HomeMy WebLinkAboutAgreement_General_10/11/2018_Weinand's VM contractVILLAGE OF TEQUESTA VILLAGE MANAGER TEMPORARY EMPLOYMENT AGREEMENT This Temporary Employment Agreement is made and entered into this 7 day of October, 2018 and is effective October 8, 2018 (the "Effective Date"), by and between the Village of Tequesta, Florida, a municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, (hereinafter the "Village") and James M. Weinand, in his individual capacity, (hereinafter "Weinand") both of whom understand as follows: WITNESSETH: WHEREAS, the Village of Tequesta Charter (Sec. 3.02) establishes the position of Village Manager who shall serve as the Village's chief administrator under the direction and supervision of the Village Council; and WHEREAS, the Village Council is currently searching for a new, permanent full time Village Manager due to the retirement of former Village Manager Michael R. Couzzo, Jr. on October 1, 2018; and WHEREAS, in order to conduct business of the Village in an orderly fashion and in accordance with the requirements of the Village of Tequesta Charter, it is necessary to appoint an Acting Village Manager to temporarily serve in the capacity of Village Manager until such time as the Village Council has hired and appointed a new, permanent full time Village Manager; and WHEREAS, the Village Council desires to temporarily employ the services of Weinand as Acting Village Manager pending the conclusion of its search for a new, permanent full time Village Manager; and WHEREAS, the Village Council and Weinand have mutually negotiated and agreed to the terms and conditions contained in this Temporary Employment Agreement; and WHEREAS, it is the desire of the Village Council and of Weinand to enter into this Temporary Employment Agreement, and thereby memorialize the benefits, establish the conditions of employment, and set the framework and context of the relationship, which shall exist between the Village and Weinand as its temporary, Acting Village Manager. NOW THEREFORE, in consideration of the promises, mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby agreed to and acknowledged by both the Village and by Weinand, the Village and Weinand do mutually covenant and agree with each other as follows: SECTION 1: FUNCTIONS AND POWERS The Village hereby appoints and hires Weinand as Acting Village Manager of the Village of Tequesta to perform the duties and exercise the powers specified in the Village Charter (including but not limited to Sec. 3.03) and the Village Code of Ordinances, and to perform such other legally permissible and proper duties as he may be assigned from time to time. Weinand agrees that he will at all times loyally and conscientiously perform all of the duties required of him either expressly or implicitly. SECTION 2: ETHICS The "Code of Ethics" promulgated by ICMA is incorporated herein, and by this reference is made a part hereof. Said "Code of Ethics" shall furnish principles to govern the Village Manager's conduct and actions. SECTION 3: TERM A. Weinand's temporary appointment and employment as Acting Village Manager shall commence on the Effective Date and shall continue uninterrupted for a term of approximately 4 months, concluding on February 1, 2019 unless terminated earlier pursuant to Section 7 below. This Agreement shall, as of February 1, 2019, renew and automatically continue on a month-to-month basis until otherwise terminated pursuant to Section 7 below, or until the hiring and appointment of a new, permanent full time Village Manager by the Village Council, whichever occurs first. It is understood and agreed that this Temporary Employment Agreement is intended to be a short-term agreement with limited benefits and is intended solely to bridge the gap between the retirement of the former Village Manager and the appointment and hiring of a new, permanent Village Manager by the Village Council. B. While Weinand is serving in the capacity of Acting Village Manager, he shall not be authorized, and is specifically precluded by the terms of this agreement, from promoting, advancing, or advocating for the promotion or advancement of Village of Tequesta employee Jacqueline St. Charles. Additionally, James M. Weinand shall not be authorized, and is specifically precluded by the terms of this agreement, from participating in any disciplinary proceedings involving Village of Tequesta employee Jacqueline St. Charles. These restrictions are meant to provide for compliance with Sec. 112.3135, Florida Statutes; Palm Beach County Code of Ethics Sec. 2-445; and Village of Tequesta Personnel Policy 2.4, all regarding nepotism. SECTION 4: HOURS OF WORK AND EXCLUSIVE *EMPLOYMENT A. Weinand acknowledges that the proper performance of his duties as Acting Village Manager will require him to generally observe regular business hours at Village Hall and also will require the performance of necessary services outside of normal business hours. Weinand agrees to devote such additional time as necessary for the full and proper performance of the Acting Village Manager's duties, and that the compensation herein provided includes compensation for the performance of all such services. As an exempt employee, Weinand agrees to dedicate no less than an average of forty (40) hours per week in the performance of his duties as Acting Village Manager. 2 B. Weinand agrees to remain in the exclusive employ of the Village as Acting Village Manager and shall not become employed by any other employer unless resignation or termination is affected as provided herein below. This prohibition against outside employment shall not be construed to include occasional teaching, writing or consulting performed by Weinand on his time off. However, in no event shall Weinand's occasional teaching, writing or consulting interfere with or otherwise hinder the performance of his duties as Village Manager or reflect poorly upon the name or reputation of the Village of Tequesta. SECTION 5: COMPENSATION The Village agrees to pay Weinand a base salary equivalent to an annual salary of One Hundred Fifty -Five Thousand Dollars ($155,000.00) commencing with the Effective Date of this Temporary Employment Agreement, payable at the same time as other employees of the Village are paid and in accordance with Village payroll procedures. SECTION 6: BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT A. Weinand shall be subject to all provisions of the Village Charter and Code, as well as regulations, rules and personnel policies of the Village, relating to holidays and other working conditions as they now exist or hereafter may be amended. In the event of an inconsistency between such provisions, regulations, rules or policies and the terms of this Temporary Employment Agreement, then the terms of this Temporary Employment Agreement shall prevail. Weinand shall not receive pension, insurance or severance benefits, or any other benefits not specified within this Temporary Employment Agreement. B. Weinand shall accrue vacation, sick and personal leave at the same rate as Village non-union department head employees. Weinand shall be fully paid for accrued but unused vacation and sick leave upon the conclusion of this Agreement so long as this Agreement is not terminated prior to February 1, 2019. C. Weinand's provision of fire safety consulting services for plan review on an as needed basis, which is and shall continue to be performed in the Public Safety Facility, is beyond the scope of this Temporary Employment Agreement; but shall nevertheless continue as has occurred prior to the Effective Date of this Temporary Employment Agreement, and shall be compensated as has occurred prior to the Effective Date of this Agreement. SECTION 7: TERMINATION AND EXPIRATION A. The Village may terminate this Agreement upon 14 days written notice to Weinand for any reason or for no reason. B. Weinand may terminate this Agreement upon 14 days written notice to the Village for any reason or for no reason. C. This Agreement shall automatically expire without the need for the above referenced 14 days written notice as of the effective date of a new, permanent Village Manager's employment contract (or the effective equivalent of same). 3 SECTION 8: INDEMNIFICATION The Village shall defend, hold harmless and indemnify Weinand, as required by Federal, State and Local law, against any claim, action, suit, or proceeding, groundless or otherwise, arising out of an alleged act or omission occurring during Weinand's performance of the duties or responsibilities of Acting Village Manager for the Village or resulting from the exercise of judgment or discretion in connection with the performance of Weinand's duties or responsibilities as Acting Village Manager for the Village, unless the act or omission occurred as a result of Weinand's acting in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. In accordance with applicable law, the Village shall provide for Weinand's legal defense, court costs and other reasonable costs and expenses of legal proceedings, and any other liabilities incurred by, imposed upon, or suffered by Weinand, not limited to judgments or settlements, in connection with or resulting from any claim, action, suit or proceedings, as specified in this Section. Any settlement of any claim must be made with prior approval of the Village Council in order for indemnification, as provided in this Section, to be available. SECTION 9: BONDING The Village agrees to bear the full cost of any fidelity or other bonds required of the Village Manager under any policy, regulation, ordinance or law. SECTION 10: INSPECTOR GENERAL Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority and power. The inspector general has the power to take sworn statements, require the production of records and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct and abuses. SECTION 11: ENTIRE AGREEMENT AND MISCELLANEOUS PROVISIONS A. This Temporary Employment Agreement has been negotiated and drafted by both the Village and Weinand and shall not be more strictly construed against either parry. C. The Village Council and Weinand, by mutual written consent, may amend any provision of this Temporary Employment Agreement. Any such amendments shall be executed with the same formality as this Temporary Employment Agreement and shall be incorporated and made a part of this Temporary Employment Agreement. D. If any provision, or any portion thereof, contained in this Temporary Employment Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Temporary Employment Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. rd E. The waiver by either party of a breach of any provision of this Temporary Employment Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that parry. F. This Temporary Employment Agreement shall be governed in accordance with the laws of the State of Florida, and venue for any action enforcing the terms of this Temporary Employment Agreement shall be in Palm Beach County, Florida. G. This Temporary Employment Agreement sets forth and establishes the entire understanding between the Village and Weinand relating to Weinand's employment as Village Manager for the Village of Tequesta. Any prior discussions, negotiations, correspondence, conversations, agreements, understandings, or representations by or between the parties, whether written or oral, are merged into and rendered null and void by this Temporary Employment Agreement. IN WITNESS WHEREOF, the Village of Tequesta has caused this Temporary Employment Agreement to be signed and executed on its behalf by its Mayor and duly attested by the Village Clerk, and Weinand has signed and executed this Employment Agreement, the effective day and year first written above. ACTING VILLAGE MANAG VILL E OF TEQUESTA J Weinand In F 1 F bigail Br an, Mayor Attest:.RP'O c4QG VO BY: � 1 l � U�,�(li/Y�'��' SEAL Lori McWilliams, MMC INCORPORATED Village Clerk Approved as to FoA did Legal Attorney E