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HomeMy WebLinkAboutResolution_84-99/00_09/28/2000RESOLUTION NO. 84- 99/00 r ~ ~J A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, -PALM BEACH COUNTY, FLORIDA, APPROVING AN EMPLOYMENT AGREEMENT WITH MICHAEL R. COUZZO FOR THE VILLAGE MANAGER POSITION AND AUTHORIZING THE MAYOR TO EXECUTE THE APPLICABLE AGREEMENT ON BEHALF OF THE VILLAGE. • NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. An Employment Agreement with Michael R. Couzzo for the Village Manager Position, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Schauer who moved its adoption. The motion was seconded by Councilmember Genco and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Basil E. Dalack Geraldine A. Genco Elizabeth A. Schauer Sharon D. lNalker r1 U • _~- e, _~ ~. C;', "r The Mayor thereupon passed and adopted A.D, 2000. declared the Resolution duly this 28th day of September, MAYOR OF TEQUESTA ATTEST: oann Mangan' llo Village Clerk word/mydocuments/resolutions/Couzzo Employment Contract C EXHIBIT "A" EMPLOYMENT AGREEMENT BETWEEN • MICHAEL R. COUZZO, JR. AND THE VILLAGE OF TEQUESTA, FLORIDA This Agreement, made and entered into this 1= t day of ~' c 1 ~'?''~ `` , 2000, by and between the Village of Tequesta, Florida, a municipal corporation, hereinafter called the "Village", and Michael R., Couzzo, Jr., an individual, hereinafter called "Employee", both of whom understand as follows: WHEREAS, 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 unable fully to discharge his duties or when the Village may desire to otherwise terminate his employ; and WHEREAS, Employee desires to accept employment as Village Manager of the Village of Tequesta. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES Village hereby agrees to employ Michael R. Couzzo, Jr. (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 have an effective date of October 1, 2000, and shall be effective until the commencement of the regular meeting subsequent to the date of the annual election of the Village Council, as provided in Section 2.07 of the Village Charter, in 2004; and shall be automatically renewed annually subject to the reappointment of Employee pursuant to the provisions of Section 2.07 of the Village Charter. Employee shall assume the duties of Village Manager on October 1, 2000. 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 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. In the event Employee isnot re-appointed in any subsequent year in accordance with the provisions of Section 2.07 of the Village Charter, the Employee shall be deemed to be terminated and Section 3 herein shall apply. The terms of this agreement shall apply during each term for which Employee is re-appointed. The term "employed" shall not be construed to include occasional teaching, writing or consulting performed on Employee's time off. 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, which shall include a continuation of the benefits package for that six month period; provided, however, that in the event Employee is terminated because of his conviction of any illegal act involving moral turpitude, malfeasance or nonfeasance, then, in that event, the Village shall have no obligation to pay the aggregate severance sum designated in this paragraph. The severance pay, accrued 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. In the event the Village at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all Village employees, or in the event the Village refuses, following written notice, to comply with any other provisions benefitting 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 in that event, Employee may at his option be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. • 2 In the event Employee voluntarily resigns his position with the Village before expiration of • the aforesaid term of employment, then Employee shall give the Village thirty (30) days notice in advance and relinquishes all rights to severance pay. SECTION 4. SALARY Beginning October 1, 2000, Village agrees to pay Employee for his services rendered pursuant hereto a starting annual base salary of $84,000.00. Employee's annual base salary shall be paid to Employee in installments at the same time as other employees of the Village are paid. Starting October 1, 2001, all provisions for annual evaluation with pay increase, if any, shall be determined by the Village Council. Employee shall be entitled to all across-the-board increases granted to other employees and minimum base salaries listed herein shall increase with all cost of living pay increases which may be granted to other employees from time to time. An annual performance evaluation of Employee by the Village Council is encouraged far the benef t of the Village and the 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. SECTION 5. VACATION Due to Employee's areviously existinE travel commitments. the Village of Tequesta will credit Emnloyee with ten days vacation leave for the year 2001 at the end of six months employment. • Thereafter, beginning October 1, 2001, Employee shall accumulate vacation days in the same manner as other department heads. 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 shall be reviewed every twenty-four (24) months and shall be adjusted according to the Bureau of Labor Statistics, Southeast Regional Office, Consumer Prig 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 Manager outside Palm Beach/Martin County areas. Said mileage shall be computed from the outermost limits of the Palm Beach/Martin County areas to the final destination point. SECTION 7. MOVING EXPENSES Employee shall be reimbursed, or the Village may pay directly, for all expenses incurred by the Employee of moving himself and his personal property and that of his family to the Tequesta area. Said moving expenses shall include all actual expenses, including both packing and unpacking charges; however, the amount to be reimbursed or paid by the Village shall be subject to approval • of the Village Council. Employee shall move within the corporate limits of the Village of Tequesta • within six (6) months of the date of his employment. SECTION 8. PROFESSIONAL DEVELOPMENT The Village agrees to provide Employee the usual and necessaryfunding 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 Palm Beach County City Managers Association. Village specifically agrees to budget and to pay for the travel and subsistence relating to the Annual Conference of the International City Managers Association and the Annual Conference of the Florida City and County Managers Association, 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 9. INSURANCE The Village agrees to provide hospitalization, life, major medical and other related insurance for Employee and his dependents and to pay the premiums thereon as is equal to that which is provided for all other Village employees. SECTION 10. INDEMNIFICATION The Village shall bear the full cost of any fidelity or other bonds required of Employee under any ordinance. The Village shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand, or other legal action, whethergroundless orotherwise, 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 for which Employee was acting within the scope of his duties as Village Manager. SECTION 11. JOB RELATED EXPENSES The Village recognizes that certain Pxper_ses of anon-personal and job related nature, such as use of Employee's personal cellulaz phone, long distance calls and faxes from home, on-line computer time for computer located at home, software, attendance at local government meetings, iob related publications --a --~------. 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. Emplovee shall not be entitled to reimbursement for anv 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. • 4 SECTION 12. .RETIREMENT • 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 and in addition to the base salary paid by the Village to Employee. Village agrees to pay an amount equal to six percent (6%) of Employee's base salary into the ICMA-RC on Employee's behalf, in equal proportionate amounts each pay period and to transfer ownership to succeeding employers upon Employee's resignation or discharge. Notwithstanding this provision, the maximum contribution to be paid by Village shall not exceed the maximum allowed by law or IRS rules currently at $8,000.00 per annum. 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. SECTION 13. OTHER TERMS rSND 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 agreement, the Charter or any other law. All provisions of the Village Charter and Code and 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 or hereafter may be amended shall also apply to Employee as they would to other employees of the Village in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. 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 contaln~d 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 affec*.ed and shall remain in full force and effect. n U IN WITNESS WHEREOF, the Village of Tequesta has caused this agreement to be signed and executed on its behalf by a maj ority of its Village Council and duly attested by its Village Clerk, and tl~e Employee has signed and executed this agreement, both in duplicate, the day and year first above written. VILLAGE COUNCIL EMPLOYEE ATTEST: • Village Clerl N:\JCR\13153-01\Couzzo Agreement Redlined3.wpd ..--~-~~ Michael R. Couzzo, J • 6