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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_8/10/2023Agenda Item #6. Regular Council STAFF MEMO Meeting: Regular Council - Aug 10 2023 Staff Contact: Keith Davis, Village Attorney Department: Legal m RESOLUTION 16-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE MAYOR OF TEQUESTA TO SIGN A THIRD AMENDMENT TO VILLAGE OF TEQUESTA VILLAGE MANAGER EMPLOYMENT AGREEMENT, MEMORIALIZING VILLAGE COUNCIL ACTION TO INCREASE BASE SALARY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. The Village Council completed the Village Manager's performance evaluation for the past year and voted unanimously to increase the Manager's base salary by $7,750. The attached resolution and attached Third Amendment to Employment Agreement Allan Base Salary 2023. Amends the Employment Agreement between the Village Council and the Village Manager. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. BUDGET AMOUNT $318,325 AMOUNT AVAILABLE EXPENDITURE AMOUNT: $82,635 $2,400 FUNDING SOURCES: Current General Fund IS THIS A PIGGYBACK: Appropriations ❑ Yes 0 N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes 0 N/A COMMENTS/EXPLANATION ON SELECTIONVillage Council Approval Requested. POTENTIAL MOTION- • e Consider memorializing the change to the Village Manager's Employment Agreement as detailed during the July 13, 2023 Village Council meeting. Resolution 16-23 - Manaaer base salary increase 2023 Page 69 of 250 Agenda Item #6. Third Amendment to Employment Agreement Allen Base Salary 2023 Page 70 of 250 Agenda Item #6. RESOLUTION NO. 16-23 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE MAYOR OF TEQUESTA TO SIGN A THIRD AMENDMENT TO VILLAGE OF TEQUESTA VILLAGE MANAGER EMPLOYMENT AGREEMENT, MEMORIALIZING VILLAGE COUNCIL ACTION TO INCREASE BASE SALARY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta entered into an Employment Agreement with its Village Manager, Jeremy Allen (the "Agreement") in May 2019, effective July 1, 2019; and WHEREAS, said Agreement requires any change to the Manager's base salary or other benefits be memorialized by resolution and amendment to the Employment Agreement; and WHEREAS, in 2021 a First Amendment was entered into which increased certain salary and other benefits, and in 2022 a Second Amendment was entered into which extended the term of the agreement into 2027 and which also increased certain benefits; and WHEREAS, at its July 13, 2023 meeting, the Village Council reviewed the Village Manager's performance for the past year and voted unanimously to increase the Manager's base salary; and WHEREAS, as required by the terms of the Employment Agreement, the Village Council desires to memorialize said action by this resolution and the attached Third Amendment to Employment Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 The Village Council of the Village of Tequesta hereby approves the Third Amendment to Village of Tequesta Village Manager Employment Agreement attached hereto as Exhibit A; said Third Amendment providing for a base salary increase as more fully set forth therein. 1 Page 71 of 250 Agenda Item N. Section 2 The Mayor of Tequesta is authorized to execute said Third Amendment to Employment Agreement. Section 3 This Resolution shall be considered effective As of July 13, 2023. 2 Page 72 of 250 Agenda Item #6. THIRD AMENDMENT TO VILLAGE OF TEQUESTA VILLAGE MANAGER EMPLOYMENT AGREEMENT This Third Amendment to Employment Agreement is made, entered into and effective this 13th day of July 2023, 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 6186 SE Circle Street, Hobe Sound, Florida 33455, (hereinafter "Allen") both of whom understand as follows: WHEREAS, the Village and Allen previously executed an Employment Agreement in May 2019, effective July 1, 2019, which had a term of four (4) years; and WHEREAS, the Employment Agreement required any increase to Allen's base salary and/or benefits to be fixed by resolution of the Village Council, and made by written amendment to the Employment Agreement; and WHEREAS, the Village and Allen previously entered into a "First Amendment" to the Employment Agreement in August 2021, effective August 12, 2021 which provided increases to Allen's base salary and motor vehicle allowance; and WHEREAS, the Village and Allen previously entered into a "Second Amendment" to the Employment Agreement in order to provide Allen with an increased term of employment into 2027, an increase in vacation days, and an increase in severance pay; and WHEREAS, On July 13, 2023, the Village Council performed Allen's annual performance review and as a result increased Allen's base salary; and WHEREAS, the Village and Allen now desire to enter into this "Third Amendment" to the Employment Agreement in order to provide Allen with an increase in base salary. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree to the following provisions which will amend the Employment Agreement as well as the First and Second Amendments thereto, and supersede any conflicting provisions in the Employment Agreement as well as the First and Second Amendments thereto, as follows: 1 Page 73 of 250 Agenda Item #6. SECTION 1: COMPENSATION Allen's annual base salary is hereby increased to Two Hundred Two Thousand, Four Hundred Twenty Dollars and Eleven Cents (5202,420.11), effective July 13, 2023 (Reference Section S.A. of the Employment Agreement). EFFECT ON EMPLOYMENT AGREEMENT The provisions contained in this Third Amendment shall supersede any term or condition in the Employment Agreement or First or Second Amendments thereto that is in conflict or otherwise contrary to the intent of the parties regarding the Village Council's July 13, 2023 action to increase Allen's base salary as set forth herein. All other terms and conditions contained in the Employment Agreement as well as the First and Second Amendments thereto shall remain in full force and effect, unchanged, as previously agreed to. IN WITNESS WHEREOF, the Village of Tequesta has caused this Third Amendment to Employment Agreement to be signed and executed on its behalf by the Mayor of Tequesta and duly attested to by its Village Clerk, and Jeremy Allen has signed and executed this Third Amendment to Employment Agreement, both in duplicate, the day and year first above written. Village of Tequesta Jeremy Allen By: Molly Young Mayor ATTEST: By: Lori McWilliams, MMC Village Clerk By: Jeremy Allen ATTEST: By: Lori McWilliams, MMC Village Clerk 2 Page 74 of 250