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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 02_04/25/2019VILLAGE OF TEQUESTA VILLAGE MANAGER EMPLOYMENT AGREEMENT This Employment Agreement is made and entered into this day of September, 2018 and is effective October 1, 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 , in her individual capacity, whose current address is (hereinafter ") 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 has conducted a thorough search for a Village Manager to succeed the former Village Manager who is retiring after 18 years of service to the Village; and WHEREAS, the Village's search has resulted in the unanimous decision of the Village Council to appoint and hire as its new Village Manager, said unanimous decision being based on 's administrative and executive qualifications, as required by the Village of Tequesta Charter (Sec. 3.02); and WHEREAS, desires to serve the Village as the Village Manager; and WHEREAS, the Village Council and have mutually negotiated and agreed to the terms and conditions contained in this Employment Agreement; and w WHEREAS, it is the desire of th& Village Council and of -1 to enter into this 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 as its 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 , the Village and do mutually covenant and agree with each other as follows: SECTION 1: FUNCTIONS AND POWERS The Village hereby appoints and hires as 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 she may be assigned from time to time. agrees that she will at all times loyally and conscientiously perform all of the duties required of her either expressly or implicitly. SECTION 2: ETHICS In as much as the Village Manager is an active member of the International City/County Management Association (ICMA), the "Code of Ethics" promulgated by 1CMA is incorporated herein, and by this reference made a part hereof I . Said "Code of Ethics" shall furnish principles to govern the Village Manager's conduct and actions. SECTION 3: TERM A. — is appointment and employment as Village Manager shall commence on the Effective Date and shall continue uninterrupted for an initial term of three (3) years unless terminated earlier pursuant to Sections 9 or 11 respectively herein. and the Village Council may negotiate future extensions of this Employment Agreement upon mutually agreeable terms and conditions. B. Nothing in this Agreement shall prevent, of the Village Council to terminate the service of at any time, subject only to the provisions set forth in Section 9 of this Employment Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right Of to resign at any time from her employment with the Village, subject only to the provisions set forth in Section I I of this Employment Agreement. SECTION 4: HOURS OF WORK AND EXCLUSIVE EMPLOYMENT A. acknowledges that the proper performance of her duties as Village Manager will require her to generally o;serve regular business hours at Village Hall and also will require the performance of necessary services outside of normal business hours. The Village Manager agrees to devote such additional time as necessary for the full and proper performance of the Village Manager's duties, and that the compensation herein provided includes compensation for the performance of all such servic��e's. As an,e�'xempt emplb�ee, ajzrees to dedicate no less than an average of forty (40) hours per week in the performance of her duties as Village Manager. B . agrees to remain in the exclusive employ of the Village as Village Manager and shall not become employed by any other employer unless resignation or termination is effected as provided herein below. This prohibition against outside employment shall not be construed to include occasional teaching, writing or consulting performed by on her time off. However, in no event shall —'s occasional teaching, writing or consulting 2 interfere with or otherwise hinder the performance of her duties as Village Manager, or reflect poorly upon the name or reputation of the Village of Tequesta. SECTION 5: COMPENSATION AND PERIODIC PERFORMANCE REVIEW A. The Village agrees to pay - an annual base salary of One Hundred Sixty Five Thousand Dollars ($165,000.00) cornmencing with the Effective Dateof this Employment Agreement, payable at the same time as other employees of the Village are paid and in accordance with Village payroll procedures, B. Beginning October.1, 2019, and for each fiscal year thereafter, if Village employees receive an across the board pay increase, then also shall receive a pay increase in the same amount and at the same time as given to other Village employees. C. The Village Council may, in its sole discretion, increase 's base salary and/or benefits in such amounts and to such extent as it may determine to be desirable to do. Salary and benefit changes shall be fixed by resolution of the Village Council, and shall be made by written amendment to this Employment Agreement in accordance with Section 15 below. D. During the first year of this Employment Agreement, shall receive a 90 day performance review, a six (6) month performance review and an annual performance review from the Village Council. The first six (6) months of this Employment Agreement shall. be referred to as the "Initial 6 Month Probationary Period". I E. In all subsequent years of this Employment Agreement, including any years added as a result of a mutually agreed extension as provided in Section 3.A., _shall receive an annual performance review from the Village Council. All performance reviews shall be held at regular Village Council Meetings. Criteria are attached to this Employment Agreement as Exhibit A; said criteria are subject to revision by the Village Council from time to time. Any revision must be relevant to the duties and responsibilities expected of in her service as Village Manager. F. In conjunction with its annual performance review, the Village Council may, in its sole and absolute discretion, award the Village Manager additional compensation based oil performance over the past year. Any such compensation shall be based on performance review criteria and shall be limited to an amount not to exceed .00.1(1./10'h of I %) of the Village's general operating budget. In the event that the Village Council grants additional compensation pursuant to this section, such compensation shall be determined before tax. Taxes and other payroll deductions shall be deducted from said amount, as with normal staff compensation, before payment to SECTION 6: BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT A. shall receive five (5) days of vacation leave credited with the Effective Date of this Employment Agreement. Thereafter, shall earn and be credited with vacation leave at the same rate and in the same manner as all other full-time non-union Village employees. B. shall earn and be credited with sick leave at the same rate and in the same manner as all other full-time non-union Village employees. C. The Village will provide with insurance benefits, including family benefits if applicable, for health, life and other related insurance at the same rate and in the same manner as all other full-time non-union Village employees. D. The Village agrees to provide - with a Village issued cellular telephone for the conducting of Village business. E. The Village agrees to provide with reimbursement for vehicle mileage incurred due to travel outside of the Village of Tequesta at the standard approved rate for mileage reimbursement. F. The Village shall pay -'s moving expense for relocating to the Village of Tequesta, Florida in an amount not to exceed Twelve Thousand Dollars $12,000.00. Moving expenses under this Section shall be reimbursed as one lump sum within ninety (90) days from the Effective Date of this Employment Agreement, upon the provision of appropriate documentation of same. All moving and relocation expenses shall be documented with receipts, cancelled checks or credit card statements, and provide same to the Village Finance Director prior to reimbursement. G. Within six (6) months of the successful completion of the Initial 6 Month Probationary Period, shall obtain permanent residence within the Village of Tequesta. H. 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 vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended. SECTION 7: PROFESSIONAL DEVELOPMENT A. The Village agrees to pay -'s professional dues for membership in the International City/County Management Association and the Florida City/County Management Association. The Village agrees to budget and pay for other reasonable professional dues and subscriptions necessary for -'s continuation and participation in national, regional, state, and local associations and organizations related to duties and responsibilities of the Village Manager, as determined in the discretion of the Village Council. B. The Village agrees I to budget and pay for reasonable travel and subsistence expenses for the Village Manager's travel to and attendance at the Florida City/County Management Association annual conference, and the Florida League of Cities annual conference. The Village shall pay for the Village Manager's attendance at other seminars, conferences, and committee meetings as approved in the Village's annual budget or as approved by the Village Council. SECTION 8: RETIREMENT rd The Village shall make contributions on behalf of � 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 upon retirement, the successful conclusion of this Employment Agreement or any extension thereof, resignation or termination of employment. SECTION : TERMINATION For the purpose of this Employment Agreement, termination shall occur when: A. The Village Council votes by an affirmative vote of at least four (4) members of the Council to terminate without cause at a duly noticed public meeting. "Without cause" shall mean for any reason other than the conduct described in subsection 9(B) below; or B. The Village Council votes by an affirmative vote of at least four (4) members of the Council to terminate Employee for cause, which includes the conviction of a crime, misfeasance, malfeasance, nonfeasance, embezzlement, or misconduct as that term is defined in Section 443.036(29), Florida Statutes, at a duly noticed public meeting, C. In the event the Village Council, at any time during the employment term, reduces the salary or other benefits of , in a greater percentage than an equivalent across-the- board reduction for all full-time Village employees, or in the event the Village allegedly refuses to comply with any other material provision of this Employment Agreement benefiting shall notify the Village Council in writing of the alleged violation. The Village Council shall have thirty (30) days from such notice within which to retroactively cure the violation, otherwise, may at her option, consider such violation as termination "without cause" as of the date of such alleged reduction or refusal, and the severance pay provision and all other provisions contained in Section 10(A) below shall become applicable at the annual salary and benefit level in effect prior to the reduction or refusal. D. The current Village of Tequesta Charter (See. 3.02) requires the affirmative vote of at least four (4) members of the Village Council to hire the Village Manager and likewise to remove or terminate the employment of the Village Manager (See See. 9. A. and B. hereinabove). In the event that the Village of Tequesta Charter should be amended in the future to provide for these actions by a simple majority vote of the Village Council, or to provide for any other revision to this current requirement, it is understood and agreed by the Village and by that such amendment and revision shall be applicable to this Employment Agreement immediately (Including revision to Sec. 9. A. and B. hereinabove) upon such amendment and revision becoming effective. SECTION 10: SEVERANCE A. Severance shall be paid to when employment is terminated under Section 9(A) of this Employment Agreement. In such case, the Village agrees to pay severance as follows: I . If termination occurs during the Initial 6 Month Probationary Period of this Employment Agreement, severance equal to Four (4) weeks of base salary will be paid; 5 2. If termination occurs during the 6 Month period following the successful completion of the Initial 6 Month Probationary Period of this Employment Agreement, severance equal to Eight (8) weeks of base salary will be paid; 3. If termination occurs during the second year of employment, severance equal to Twelve (12) weeks of base salary will be paid; 4. If termination occurs during the third or subsequent year of employment, severance equal to Sixteen (16) weeks of base salary will be paid. Severance will be paid within thirty (30) days from the date of termination. However, no severance payment shall be made unless, first provides a full release and waiver of all claims which are legally capable of being released or waived against the Village, its employees and elected officials in their individual and official capacities in a form acceptable to the Village Attorney. - shall also be compensated for accrued unused vacation leave and accrued unused sick leave in accordance with Village policies when employment is terminated under Section 9(A) of this Employment Agreement. B . In the event is terminated for cause under Section 9(B), the Village shall have no obligation to pay any severance, any accrued unused vacation leave or any accrued unused sick leave. C. Nothing contained in this Section shall be construed to violate the severance pay limitations contained in See. 215.425, Florida Statutes. SECTION 11: RESIGNATION In the event that --- voluntarily- -resign- s --her position with the -Village shall provide a minimum of sixty (60) days' advance written notice unless the Village Council approves a shorter notice. In the event of voluntary resignation, the Village agrees to pay - all accrued unused vacation and sick leave benefits in accordance with Village policies. No additional severance shall be paid upon resignation under this section, unless expressly agreed to in advance by the Village Council. SECTION 12: INDEMNIFICATION The Village shall defend, hold harmless and indemnify - I 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 -Is performance of the duties or'responsibilities of Village Manager for the Village of Tequesta or resulting' from the exercise of judgment or discretion in connection with the performance of Is duties or responsibilities as Village Manager for the Village of Tequesta, unless the act or omission occurred as a result of Is 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 ------- is legal defense, court costs and other reasonable costs and expenses of legal proceedings, and any other liabilities incurred by, imposed upon, or suffered by 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 19i 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 13: 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 14: 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 15: ENTIRE AGREEMENT AND MISCELLANEOUS PROVISIONS. A. This Employment Agreement has been negotiated and drafted by both the Village and , and shall not be more strictly construed against either party. B. This Employment Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of . If the Village Manager dies during the term of her employment, the Village shall pay to the estate of the Village Manager the salary compensation which would otherwise be payable to the Village Manager up to the end of the month in which her death occurs. The Village shall have no obligation to pay severance, accrued unused vacation leave or accrued unused sick leave to the estate. C. The Village Council and , by mutual written consent, may amend any provision of this Employment Agreement. Any such amendments shall be executed with the same formality as this Employment Agreement and shall be incorporated and made a part of this Employment Agreement. D. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Employment Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. E. The waiver by either party of a breach of any provision of this Employment Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. F. This 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 Employment Agreement shall be in Palm Beach County, Florida. 7 G. This Employment Agreement sets forth and establishes the entire understanding between the Village and relating to - Is 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 Employment Agreement. IN WITNESS WHEREOF, the Village of Tequesta has caused this Employment Agreement to be signed and executed on its behalf by its Mayor and duly attested by the Village Clerk, and has signed and executed this Employment Agreement, the effective day and year first written above. VILLAGE MANAGER VILLAGE OF TEQUESTA Attest: ff-W Lori McWilliams, MMC Village Clerk Approved as to Form and Legal Sufficiency: IM Keith W. Davis, Esq. Village Attorney Abigail Brennan, Mayor