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HomeMy WebLinkAboutAgreement_General_5/9/2019_Jeremy Allen Village ManagerVILLAGE OF TEQUESTA VILLAGE MANAGER EMPLOYMENT AGREEMENT This Employment Agreement is made and entered into this 9 day of May, 2019 and is effective July 1, 2019 (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 Jeremy Allen, in his individual capacity, whose current address is 1040 Antelope Trail, Stephenville, Texas, 76401, (hereinafter "Allen") 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 has retired 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 Allen as its new Village Manager, said unanimous decision being based on Allen's administrative and executive qualifications, as required by the Village of Tequesta Charter (Sec. 3.02); and WHEREAS, Allen desires to serve the Village as the Village Manager; and WHEREAS, the Village Council and Allen have mutually negotiated and agreed to the terms and conditions contained in this Employment Agreement; and WHEREAS, it is the desire of the Village Council and of Allen 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 Allen 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 Allen, the Village and Allen do mutually covenant and agree with each other as follows: 1 SECTION 1: FUNCTIONS AND POWERS The Village hereby appoints and hires Allen 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 he may be assigned from time to time. Allen 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 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 ICMA is incorporated herein, and by this reference made a part hereof. Said "Code of Ethics" shall furnish principles to govern the Village Manager's conduct and actions. SECTION 3: TERM A. Allen's appointment and employment as Village Manager shall commence on the Effective Date and shall continue uninterrupted for an initial term of four (4) years unless terminated earlier pursuant to Sections 9 or 11 respectively herein. Allen and the Village Council may negotiate future extensions of this Employment Agreement upon mutually agreeable terms and conditions. B. Nothing in this Employment Agreement shall prevent, limit or otherwise interfere with the right of the Village Council to terminate the service of Allen at any time, subject only to the provisions set forth in Section 9 of this Employment Agreement. C. Nothing in this Employment Agreement shall prevent, limit, or otherwise interfere with the right of Allen to resign at any time from his employment with the Village, subject only to the provisions set forth in Section 11 of this Employment Agreement. SECTION 4: HOURS OF WORK AND EXCLUSIVE EMPLOYMENT A. Allen acknowledges that the proper performance of his duties as 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. 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 services. As an exempt employee, Allen agrees to dedicate no less than an average of forty (40) hours per week in the performance of his duties as Village Manager. B. Allen 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 Allen on his time off. However, in no event shall Allen'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. 6- SECTION 5: COMPENSATION AND PERIODIC PERFORMANCE REVIEW A. The Village agrees to pay Allen an annual base salary of One Hundred Sixty -Five Thousand Dollars ($165,000.00) commencing with the Effective Date of 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 non-union Village employees receive an across the board pay increase, then Allen also shall receive a pay increase in the same amount and at the same time as given to other non-union Village employees. C. The Village Council may, in its sole discretion, increase Allen'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, Allen 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". 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., Allen 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 Allen in his 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 on performance over the previous year. Any such compensation shall be based on performance review criteria and shall be limited to an amount not to exceed .001(1/10th of 1 %) of the Village's general operating budget. In the event that the Village Council grants Allen 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 Allen. SECTION 6: BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT A. Allen shall receive five (5) days of vacation leave credited with the Effective Date of this Employment Agreement. Thereafter, Allen shall earn and be credited with vacation leave at the same rate and in the same manner as all other full-time department heads. In addition, Allen shall receive five (5) additional days of vacation leave credited upon each anniversary of the Effective Date of this Employment Agreement B.' Allen shall earn and be credited with personal leave at the same rate and in the same manner as all other full-time exempt Village employees, which shall be prorated for the first year of this Employment Agreement. 3 C. Allen 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. D. The Village will provide Allen 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. E. The Village agrees to provide Allen with a Village issued cellular telephone for the conducting of Village business. F. The Village agrees to provide Allen with reimbursement for vehicle mileage incurred due to travel outside of Palm Beach & Martin Counties at the standard approved rate for mileage reimbursement. In addition, the Village agrees to provide Allen with a vehicle allowance of $400.00 per month. G. The Village shall pay Allen's moving expense for relocating to the Village of Tequesta, Florida in an amount not to exceed Twenty -Five Thousand Dollars $25,000.00. Moving expenses shall include the following for purposes of reimbursement: reasonable travel and subsistence expenses related to "house hunting" trips prior to the Effective Date of this Employment Agreement for Allen and his spouse, transportation of Allen and his family for their permanent relocation, moving of vehicles, furniture and other personal property for its permanent relocation, and other reasonable, related expenses. Allen shall be reimbursed upon the production of receipts that document the expenditures. Moving expenses under this Section shall be reimbursed during the accounts payable cycle within which receipt documentation is submitted to the Village's Finance Director. Notwithstanding the following no reimbursement shall occur prior to the Effective Date of this Employment Agreement. H. Within six (6) months of the successful completion of the Initial 6 Month Probationary Period, Allen shall obtain permanent residence within a 25 mile radius of the Village of Tequesta. I. Allen 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 Allen'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 Allen'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 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 n committee meetings as- approved -in the Village's annual budget or as approved by the Village Council. SECTION 8: RETIREMENT The Village shall make contributions on behalf of Allen to the retirement plan in effect for all Village employees at the same levels applicable to general administrative employees. SECTION 9: 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 (as required by Village Charter) to terminate Allen 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 (as required by Village Charter) to terminate Allen 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 Allen, in a greater percentage than an equivalent across-the-board reduction for all full-time non-union Village employees, or in the event the Village allegedly refuses to comply with any other material provision of this Employment Agreement benefiting Allen, Allen 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, Allen may at his 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. SECTION 10: SEVERANCE A. Severance shall be paid to Allen when employment is terminated under Section 9(A) of this Employment Agreement. In such case, the Village agrees to pay severance as follows: 1. 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; 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; 5 4. If termination .occurs during the third or subsequent year of employment, severance equal to Sixteen (16) weeks of base salary will be paid. Allen 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. Severance as contemplated in this Section will be paid within thirty (30) days from the date of termination and upon the following condition precedent being met: No severance payment shall be made unless and until Allen 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. C. In the event Allen is terminated for cause under Section 9(B), the Village shall have no obligation to pay Allen any severance, any accrued unused vacation leave or any accrued unused sick leave. D. Nothing contained in this Section shall be construed to violate the severance pay limitations contained in Sec. 215.425, Florida Statutes. SECTION 11: RESIGNATION In the event that Allen voluntarily resigns his position with the Village, Allen 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 Allen 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 Allen, 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 Allen's 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 Allen's duties or responsibilities as Village Manager for the Village of Tequesta, unless the act or omission occurred as a result of Allen'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 Allen'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 Allen, 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. 2 SECTION -43: 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 Allen, 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 Allen. If the Village Manager dies during the term of his 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 his death occurs. C. The Village Council and Allen, 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. G. This Employment Agreement sets forth and establishes the entire understanding between the Village and Allen relating to Allen's employment as Village Manager for the Village of Tequesta. Any prior discussions, negotiations, correspondence, conversations, agreements, 7 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 Allen has signed and executed this Employment Agreement, the effective day and year first written above. VILLAGE MANAGER J my All Attest: BY: �l. Lori McWilliams, MMC Village Clerk VILLAGE OF TEQUESTA 10"154, •� CORA , O pT ED 4,' Sufficiency: Village Attorney Exhibit "A" PERFORMANCE EXPECTATIONS The considerations listed below shall be used to determine how the Village Manager is performing his duties and responsibilities. These considerations have been explained to the Village Manager during initial contract negotiations so that expectations are clear. This document is intended to standardize the Council's performance review of the Village Manager. LEADERSHIP — interaction, motivation and management of staff, possesses excellent written, verbal, and problem solving skills. FISCAL RESPONSIBILITY — comprehensive understanding of financial management, budgets and reporting requirements. CREATIVITY — ability to think "outside of the box" and offer fresh ideas to do things in a new, better way. COMMUNITY AND PUBLIC RELATIONS — visibility within the Village; resident and business community outreach and communication; meeting and events attendance. COUNCIL RELATIONS — effective communication; accessibility; even-handed dissemination of information; responsiveness. In the event that the Village Council desires to revise, augment or otherwise change these criteria, any such change will be effective after being presented to the Village Manager, and only for any subsequent review period. X