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VII.,LAGE OF TE(,�UESTA
�ILLA�E MANAGER
F.z'VTl'`LOYIVIE�VT AGREEMENT
This Employrnent Agreement is made and entered intc� this day af May,2019 and is
ef'fective July 1, 2019(th� "Effective Date"), by anc� between the Villag� of'Tequ�sta, �lc�rida, a �
municipal cc�rporation with offices located at 34� Tequesta I`7rive, Tequesta, Florida 334b9,
{hereinafter the "Village"} and Jeremy Allen, in his individual iapacity, whase current address is
1Q40 Antelope Traii, St�pl�enville,"I"exas, 76401, (hereinafter"Allen"j bot�of whom �nderstand
as follows:
�VI'TN�SSETH: '
VVHEREAS,the ViI(age af'I"equesta Charter(Sec. 3.02)establishes the positian of Village
Manager who shall serve as the Village's chief aclministrator under the direction anci supervision
�f the Viliage Council;and
WHEREAS, the Village has conduct�d a thorough search for a Village Manager to
succeed the former Village Mana�;er wha ha.s retired at`ter 18 years�f service to the Villa�;e, and
WHERE�S, the Villa�;e's s�ar�h has resulted in the unanimous d�cision tif'the �illage
Council to appoint and hire Allen as its new3 Village Manager, said unanimnus d�cision bein�
bas�d on r�il�n's administrative and executive qualitications, as required by the Villa�e of
Tc:questa C;harter{Sec.3.02); and
WHFREAS, Allen desires tc� serve the Village as the Village Mana�er; and
WHEREAS, the �lillage Council and �ll�n have mutuaily negotiated and ag�reet� to the
terms anc�conditinns cnntained in this�mploynnent Agreement; and
WHEREAS, it is the riesire of the Villa�e Cauncil and of �iren t� enter into this
Employrnent Agreement, and thereby� tnemorialize the ben�fits, �stablish the canditions of
eznploymcnt, and set the frameu��ark and context of the relatic�nship,which shall exist between the
Village anci t�llen as its Village Vlanager.
N+fl►W THERE�'t�RE, in consideration of' th� pr�mis�s, r��tua1 cov�nants, canditions, ,
provisians and undertiakin�s herein contained, and for other gr�n�and valuabl� considerati�n, the
receipt and sut�iciency of ci�hich are hereby a�reed ta anc3 acknowl�dged by both the Village and
by Allen,the Village and t�llen do mutually cavenant and agree with each other as follo�rs:
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SECTION 1: FU�'CT[t)IYS AND POWEItS ;
`1'he Vilta�;e hereby appoints and hires Allen as Village Manager of the Village of Tequesta.
to perform the duti�s and exercise ihe powers sp�;citied in the Vi!lage Charter (incEuding but not
limited to Sec. 3.03) and the Village Code of Ordinances, and to perform such other tegally
pernlissible and proper duties as he may be assi�ned fcom time to time. Allen agrees that he will
at all times loyatty and conscientiously perform alI of the duties required of hini either expressty
or imp(icit[y.
SEtTIQN 2: FTHICS
In as much as the ViIlage Manager is an active memher of the Internatianal City/County
Management Association (IC�IA}, the '`Code of Ethics" gromz�Igated by ICM,� is incorporated '
herein, and by this reference cnade a part hereof. Said "Code af Ethics"shall furnish principles to �
gavern the Village Mana�er's conduct and actions.
SECTIUN 3: TERM '
A. Allen's agpointment and employmer�t�s Village Manager shatl commence on the •
rffective 13ate and shall continue unintemtpted Por an initiaj term of fnur (4} years unless
terminat�d earlier pursuant to Sections 9 or l 1 respectively herein. Alten and the Village Council "
may negotiate future extensions of lhis Employment Agreement upon mutually� agreeable Cerms
and conditions.
B. Nothin� in this Emp(oyment Agre�ment shall prevent, limit ar otherw�ise interfere
with the right of the Vil4age Councii to terminate the service of Allen at any rime, subject oniy to
the provisions set forth in Section 9 af this Employment Agreement.
C. Nothing in this EFnployment A�,neement shall prevent, limit or atherwise int�rfere
�ti�ith the right of Allzn to resign at any time from his employment with the Village,subjeci only ta
the provisians set forth in Section 1� �f this EmpIoyment Agreetnent.
S�eTIUh' 4: HOURS OF WORK AND EXCLUSIVE EMPLOYMENT
A. Atlen acknowledges that the proper performance of his duties as Village Manager
wilI ret�uire him to generally observe regular business hours at Village Hall and also will require
the performance of necessary setvices outside of normal business hours. The Village Manager
agrees to d.evote such ac�ditional time as necessary for the full and proper performattc� af the
Villagc: Mana�er's duties, and that the compens�ztion herein pravided includes compensatian for
the performance at all such services. As an exempt einployee, Allen agrees to dedicat� no less
th�n an aver�ge of forty� (40)hc�urs per week in the perfarmance of his duties as Village Manager.
F3. Allen agrees t� remain in the exclusive emplay of the Village As Villa�;� ivlanager :
anc�s}tall not become employed by any other emplayer unless resignation or terminaCion is effected
as provided herein betow. This prohibition against outsid�employment shall not be construed to
inelude accasional teaehing, writing or eonsi�ltii�g performed by Allen an his time off. F{owever,
in no event shalt All�n's occasional teaching, writing or consutting interfere with or atherwise
hinder the perfarmance of his duti�s as Villa�;e Manager, or reflect poorly upon the name or
reputation of the Village of 1'equesta.
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SECTi�N,5: COMPFNSATIUN ANll PERlQDIC PL+'.RFURJI9ANGE I�:VIEW
A. T'he Village agrees t�pay AIIen an annual base salary of One Hundred Sixty-Five
"I�hoasa��d Dollars ($165,000.OQ} commencin� with the Eftective Date of this Empioym�nt
Agreement,payable at the same tirr►e as oth�r ernplo�ees�f the Village are paid and in xccordance :
with Vilia�e payro(1 prc�cedures. ;
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B. Beginnin�October i,2019,and for each fiscat year chereafCer,if non-union Village �
employees receive an across the board pay increase,then Allen also shali receive a pay increase in
the same amowit and at the same time as given to ather rton-union Viila�;e employees. �
C. T'he V illage Council may, ir�its sole discretion, increase Al�en's base salary and/or
benefits in such amaunts and ta such extent as it may detennine to be desirable ta do. Sai�y and
bf:nefit changes shAll be fixed by resotution af the Village Council, and shalI be made by written
amendment to this Ernployment Agreement in accordance with Section 1 S below.
D, During the tirst year of this I:mplc�yment Agreernent, Allen shall receive a 94-day
performance review, a six (b}month perf�rmance review and an annual per�ormanc�review from
ttle Viliage Council. Tiie first six (6)months of�his Employment Agreeinent shall be referred to
as the'`lnitial 6 Month PrabationAry Period".
E. In all subsequent years of this Employment tAgr.eement, including any y�ars added
as a result of a mutually a�;reed extension as provided in Sectiun 3.A.,�llen shatl receive an annuai
perfonnance review from lhe Vil(age Council. Alt pc:rformance reviews shatl be held at re�,ular
Viilage Couz�cil 1'vleetings. Criteria are attached to this Empl�yment Agreement a.s Exhibit A;said
criteria are subject ta revisian by the Vitlage Council from time ta time. �-1ny revision tnust be
reievant to the duties and responsibilities expected of Allen in his service as Village Manager.
F. In conjunctian with its ar�nuaI performance review, the ViIla�e Cauncil may, in its
sole and absoiute discretion, award the Viltage Manager adc�itional compensa#ion based on
performance over the previous year. Any such compensation shail be bas�d on performance
review criteria and shall be limited to an amount not to exceed .QQ1(1/101h of 1 %}of the Village's
general operating bud�et. In the event that the Village Council grants Allen additionat
campensation pursuant to this section, such compensation shall be determined before tax. Taxes
and other payrotl deductions s�aIl 6e deducted from said amoutzt, as with normal staff
compensation, before paymerzt t�Alten.
SECTION b: BENEFITS ANU OTHEIt COiVDITI(}NS t7F EMPLOYMENT
A. Allen shall receive five (5) days af vacation ieave credited with the Fffective Uate
of this Ernployrt�ent Agreement. ThereHfter, .�ll�n shall earn and be credit�d with vacation leave
at the same rate and in the same manner as all other full-time dep�rtment heads. ln aadition,Allen
shall rective five (5) additional days nf vacation leave credited upon each anniversary of the
Effective Date of this Fmployment A�reetnent
t3. Aflen shall earn and be crediied with personal ieave at the same rate and in the same
manner a$all other full-time exempt Villa�e emplt�yees, which shall bc prorated for the Frst year
of this L:mployment Agre�ment. �
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C. AlIen shatl earn and be credited with. sick teave at the same rate a�id in the sarne
manner as ati other fuil-time nan-union Village emplvyees. '
D. The Village will provide fl,llen with ir�urance benefits, including fa.mily benefits if
applicabte, for health, life and other relaied insurance at the same rate aild in the san�e manner as
atl nther f'u[i-time slon-uniQn Village emplayecs.
�,. 7"he Vitlage a�rees ta provide A{len with a Village issued cetli►lar telephone far tlte
conducting of Villag�: businrss. ;
F. The Viilage agrees to provide Allen with reinnbursement for vehicle mileage
incuned due to travel outside of PaIm Beach & Mariin CQunties at the standard approved rate for �
mi[eage reimbursement. ln addition, thc Village agrees tn provide Allen with a vehicle allnwance
of$404.d0 per month.
G. T'h� Vitlage shall pay Ailen's movi.ng expense for reloc:ating to the Villa�;e of �
T'equesta,Ftorida in an atnount not to exceed Twenty-Five Thousand Dallars$25,400.Q0. Moving
expenses shaIl include the following for pur�wses of reimbursement: reasonable travel and
subsistence expenses related ta"house hunting" trips prior to the Effective Date of this Employment
Agreement for A(ten and his spouse, transpartatian of Allen and his famity for their permanent
relocation,rnoving of vehicles, furr�iture and ather persona[ property far its permanent relocation,and
ather reasonable, related expenses. Allen shall be reimbui•sed upon the produccia�� �f receipts that
document the expenditures. Movin�; expenses under ttlis Section shall be reimbursed during the
accounts payable cycle within which r�ceipt docEirnentation is submitted to the Village's Finance
Director. Notwithstanding the follov�in�no reim#�ursernent shall occur prior ro the Etlective Date
of#his Employment Agreement.
H. Within six {6) manChs of th� successful comptetion of the Initial b Mo�ith
Probationary Period, Allen shall obtain permanent residence within a 25 aiite ractius of the V illage
of 1'equesta.
I. Allen shall be subject to aIl provisions of the Village Charter and Code, as well as
e•egulations, rules and personne! paticies of the Vitlage, relating to vacation and sick teave,
retirement and pension system cantribuCions, holidays, and other fringe benefits and warking
conditions as they now exist or hereafter may be amended.
SECTION 7; PROFESS14NAi, UEVELOPMENT
A. The Villa�;e agrees ta pay Allen's professional dues for membership in the
International City/County Management Association and the Flarida Gity/County Mana�ement
Associatian. 1�he Village agrees to budgei and pay for other reas�nable professional dues and
subscriptians necessary for Ail�n's continuatian and pa�-ticipation in national, regional, state, and
local assaciatiuns �nd organizations related to duties and responsibilities of the Village Manager,
as determined in the discretion of tl�e Vitlage Council.
B. The Village agrees tc� t�udget and pay for reasc>nabti travel and subsistence
�:xpenses for the Village Mana�er's travel to and attendance at ihe Flarida CityiCounty
Managemcnt Associatian Anrnial confefence, and the Ftorida League ofCities annuaI conference.
The Vilia�e sh�ll pay for the Villa�e Manttger's attendance at ather seminars, conferences, and
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cc�rnmittee meetin�s as approvec� i« tl�e Villa�e°s annual b�clget or as approved by the Village
Councii.
SECTTQN 8: RCTIREMC?VT
The V illage shall inake cantributions on behatf of�llleil to the retirement plan in effect for ;
all Vilta�e�mployees at the sarne Eevels appticable to genera! administrative employees. ,
SECTI�N 9: TEi2MINATit)N
For the purp�se of t6is Emp�oyment Agreement, termination shall occur when:
A. The Village Council votes by an affirmative vote af at [east foar (4} rnemb�rs of �
the Council {as required by Village Charter} to terrninate Allen w�ithout cause at a duly noticed
pu6lic nieeting. "Without cause" shalt mean far any reason nther than fihe conduet described in
subsection 9(B)below; or
B. The Village Council vates by an affirrnative vc�te of at teast four (4) members of �
the Council (as required by Village Charter) to terminate t�llen for ca�.�se, which includes the
canviction of a crime, misfeasa.nce, malfcasance, nonfeasance, embezzlement, ar misconduct as
that term is defined in Section�43.035(29},Floric�u Statzrtes,at a duly noticed public meeting.
C. In tl�e event the Villa�e Council, at any time during the employment term, reduces
the salary or other bcnefits of Allen, in a greate�• percentage than an equivalent across-the-board
reduction for ail fvIl-time non-union Village emp(oyees, or in the event the Village allegedly
refiises ta cornply with any other n;ateriai provision r�f this Empioyment Agreement benefiting
Allen, Alfen shail notify the Village Counci� in writing of the alfeged violation. The Viiiage
Counci[ shail have thirty (30) days from such notice within which to retroactivcIy eure the
violatian, otherwise, Allen may at 1�is option, cansider such vio[ation as termination "without
cause"as of the daie of such atlegeci reduetion or refusal,and the severance pay pravision and all
other provisions contained in Section l0{A) below shall beenme applieable at the annual s�t[ary
and benefit level in e('fec:t prior to the reductic�n or refusal.
SECTIOIY 10: SEVERANCF,
A. Severance shail be paid to Allen when employment is terminated under Section
9(A) of this Employn�ent Agre�ment. in such case,the Village a�rees to pay sevcrance as follows:
l. If termination accurs during the Initial 6 Manth Probntionary Period of
this £cnplayment A�r�ement, severance equal to Four (4) weeks of base salary
will be paid;
2. If termination �ecurs during the b Month period follawin� the successtul
comptetion of the lnitial 6 Month Probationary Periad of this Emptoyment "
Agreement, severa��ce equal to Eight(8) weeks of base salary wili be paid;
3. If termination accurs during the second year af employment, severance
equai to Twelve(12}weeks of base satary will t�e paid;
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4. [f termination accurs dtarin� thc third or subsequent year ot employment,
severance equal to Sixteen (lfi}weeks of base salary wiil be paid.
Allen shall aiso be compensated for acerued uni�sed vacation leave and acerued«nused sick leave
in accardance w�lh Vitlage polici�s when emp(oymenC is terminated undet• Section 9(A) of this
Employm�nt Agreement. '
f3. Severance as contempIated in this Sectinn will be paid within thirty(30}days from
the date ai�tennination and upon the faliowing condition precedent being met: No severance �
payment shall be made unless and until Allen first provides a falf release and waiver of ali claims
which are le�ally capable of 6eing released or waived against the Vil�age, its emp[uyees and -
elected ofticials in their indivicEuat and official cagacities :n � farm acceptabte to the Village
Attorney. �
C. In the event A�leu is terminated for cause under Section 9(L�},the Village shalI have
no o6ligation to pay Ailen any severance. any acerued un�iseci vacation leave or any aceruecf
unused sick leave.
D. Noihing contained in this Sectian shall be construed to vialate the severance pay
�imitations contained in Sec.215.425,F7arida Stututes.
SECTIUI'+� I1: RESIGNATION
In the event that Allen votuntazily resigns his position with the Viila�;e, Allen shall prc�vide
a minimun�of sixty{6Q)days' advance wri.tten notic�unless the Village Cc�uncii appraves a sharter
notice. In the event of voluntary resignation, the Village agrees to pay Allen ail accrued un��d
vacation and sick leave benefts in accardance with Village policies. No additionai severance shall
be paid upc�n resignati�n under this section, ur�less expressly agreed to in advance by the Village
Council.
SECTION 12: INDEM�IIFICATION
The Villa�;e shall defend, hold harmless and indemnify Allen, as required by Federai,State
and Local law,against any claim, actior�, suit,ar proceeding, {;roundless or otherwise, arising oict
of an alleged act or amission�ccurring durin�Allen's performance of the duties or responsibilities
of Village Manager i�or the Village of Teyuesta �r resulting from the exercise of judgix�ent or
discretion in connection with the perfori�ance of A�len's duties or resp<�nsibi(ities as Village
Manager far the Village of Tequesta, unIess the act or omission occurred as a result of Allen's
acting in bad faith ar with maliciaus purpose or in a manner exhibYting wantan and willfui
disregard�f hurnan ri�hts,safety,ar property. tn�ccorda:lce with applicable law,the Vitlage shall
provide far Allen's 1ega1 defense, covrt costs and olher rcasonable costs ancf expenses af legal
proceedings, and any other liabilities incurred by, imposed upon,flr suffered by Allen,not lin�ited
to judgments or settlements, in coF�nection with or resulting from any clairn, action, suit ar
proceedin�s, as specified in this Section. Any settlement of an}� ciaim must be made with prior ,
appravai of the Vitlage Gouncil in order for indemnificatioz�, as provicied in this Section, to be
available.
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SECTION 13: BONll1N�G
'Tht Village agrees to bear the fuli cost of'any fidelity or other bonds required of the�Ii(lage
Mana�er under any policy, regulation, ordinance or law. �,
SECT[ON 14: lNSPECTOR G�NERAL
Pursua�lt to Articte XII of the i'alin Beach County Charter, the �ffice of the Inspector
General has jurisdiction to investigate munic:ipal matters,review and audit municipal contracts and
other transactions, and make reports and �•ecoznmendations tc� muilicipal aoverning bodies based
an such audits, rcviews or investigations. AlI parties doin� business wiih the Village shaIl fully
cooperate with ihe inspecior�eneral in tlle exereise of ihe inspectar generai's fiznctions, authority
and power. 7he inspEctor general h�ts the powc;r to take sworn statements, require the production ;
of records and to audit, manitor, investigate and i��spect the activities of tl�e Village, as well as
cantractors and lobbyisls of lhe Village�n order to detect,deter,prevent and eradieate fraud,waste, �
mismanagement, misconciuct and abuses.
SECTION 15: EN�'IRE AGREEMENT AND MISCELLANEnUS PROVISIONS.
A. I'his Empioyment t�greement has been ne�otiated and drafted t�y bath the VilIage
and Al(en,and shatl aot be more strictly construed against either party.
B. This Employment Agreement shall be binding upon and inure tn the benefit of the
heirs at law�and executors of AEten. Iftile Village Manager dies durin�the term of his emplc�yment,
the Viliage shall pay to the estate of the Village Mana�;er the salary compensation which would
otherwise be payable to the VilEage Mannager up to the end of the month in which his death occurs.
G. The Viilage Counci( and Alien, by mutual written consent, may arnend any
provision of this Emplc�yment Agreement. Any st�ch amendtnents shall be�xecuted with the same
fonnality as this Ern�rloyment Agreement and shail be incarparated and made a part nf this
I?mployment Agreement.
D. [f any provision, or azly portion ther�of, contailied in this Employment Agreemenl
is held uncocistitutionat, invalid or unenforceabte, ihe.remainder of this Emplayment Agreement, �
or porlion thereof, shal! be deemed severabte, shaI! not be affected, and shali remain in full force
and effect.
E. The waiver by either party of a breach of any provision of this EtnplayFnent
r�greement by ih�other sh�ll not aperat�or be cc�nstrued as a�raiver of azty subsequent breach by
that party.
F. This F,tnploymei3t A�;reemenl shaEl be governed in accordance with the Iaws of the
State of Fforida,and venue for a.ny actiUn enforcing the terms of this Emplayment Agreement shall
be in Palm Beach Cc�unty, k lorida.
G. This Employment Agreement sets forth and establishes tlze entire understanding
between the Village and Allen rzlating to Allen's employment as Village Manager for the Villa�e
of T�questa. Any pt•ic�r discussions, negotiatians, correspt�ndence, conversations, agreements,
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understandings, or represenlations by ar between the partizs, whether written or oral, are mer�ed
i►ito ancl rendered null and void by this Emptoyment Agreeme;nz. �
IN WITNESS WHEIt�OE, the Viliage of Tequesta has caused this Ernployrnent
Agreement tn be signed and executed an its behalf by its Mayor and duly attested by the Village
Clerk,and Allen has signeci and executed this Emptoyment A�;reement,the effective day and year
tirst written above.
VII,LAGE M��I�IAGER VILLAG� O�'TEQUESTA
.�ad1�--�--- __-_— `
3e my Allen Abigail Brennan,Nlayor
Attest: �
BY:
Lori McWil[iams. MMC
Vilta�e Clerk
Approvcd as to Form and I.egal Sufficzency:
BY:
Keith W. Davis, Esq.
Village Attorney
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<� �a��
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Fxhibit"A"
PERF�)RMANCE EXPFCTATIONS
`['he considerations listed below shall be useci to�et�;rmine haw the Village Manager is perfarming '
his duties and responsibilities. �'hese considerations have been explained to the Village Manager
during initial contract negotiations so that expectations are clear. 11�is dacument is intended to '
standardize the Council's perfarmance review of the Village Manager. '
LEADERSHIP — interaction, motivation and managernent af staff; possesses excellent written,
verbai, and problem s�lving skills.
FISCAL RESPONSIBILITY—comprehensive understanding of financial management, budgets
and rep�rting requirements.
CREATIWITY—ability to think "outside af th� box" and ot�'er fresh ideas ta do thin�;s in a new,
bett�r way.
COMMUNITY ANI) PUBLIC �7�ELATI�NS — visibility �.vithin th� Village; re�ident and �'��
business community outrcach and communication; meeting and events attendance.
COUNCIL RELATI�NS —effective communication; accessibility; even-handed dissemination
of information; respot�siveness.
In the event that the Village Council desires to r�vise,augm�,nt or otherwise change these criteria,
any such change will be effective after being presented to the Village Niariager, and only (or any
subseyuent review period.
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