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HomeMy WebLinkAboutDocumentation_Special Meeting_09/01/2009t RESOLUTION NO. 30-09 A RESOLUT{ON OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A ONE TIME PERFORMANCE BASED RECOGNITITION COMPENSATION AMOUNT FOR THE VILLAGE MANAGER FOR FISCAL YEAR 08/09 IN ACCORDANCE WITH SECTION 4. OF THE AMENDED EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE MANAGER AND THE VILLAGE OF TEQUESTA DATED DECEMBER 14, 2006; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta has entered into an Employment Agreement with its Village Manager, Michael R. Couzzo, Jr. which has been amended from time to time with the latest amended Agreement being dated December 14, 2006 (the "Agreement"); and WHEREAS, said Agreement provides for additional compensation for the Village Manager based on the past year's performance and is known as "Performance Recognition Compensation" ("PRC") according to Section 4 of the Agreement; and WHEREAS, the PRC is solely at the option of the Village Council to be based on performance; and WHEREAS, the Village Council of the Village of Tequesta has carefully reviewed the Village Manager's performance for the past year and hereby finds the PRC is in order due, among other things, to the Manager's diligent work in procuring three million dollars for construction of the Tequesta Drive bridge project; and WHEREAS, the Village Council of the Village of Tequesta believes that the above-stated accomplishments along with a myriad of other examples of resourceful cost saving measures warrant the award of the PRC and that such an award is in the best interests of the citizens of the Village of Tequesta in order to maintain quality management and ensure stability in the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 The PRC as provided for Section 4 of the Village Manager's 1 l contract is hereby authorized in the amount of percent ( %) of the Village Manager's base salary. Section 2 This Resolution shall become effective immediately upon passage. 2 AMENDED F~A~YUAENT AGREL=Iii1ENT BETWEEN - MICHAEL R. COUT,?O, JR. AND THE VILLAt3E OF TEQUEBTA, FLQRIQA GATED ~~ . DECEiABER 2046 This Amended /4greement, made and ordered into this ,~ day of Decrember 2006, by and between the Village of Teques~, Florida, a munlapal corporation, hereinafter caned the "Village", and Michael R. Couzzo, Jr., an indhridual, both of whom understand as fol~ws: WHEREAS, the Village desires to empkry the servioes.of Michael R. Couuo, Jr., as ViitaEe Manager of ~e VAlage of Tequesta, ~ provided by appropriate Charter, statute and ordinance sections; and WHEREAS, it is the desire of the VlMsge Council to provide certain benefits and establish oorulitions of empk~yiment; and WHEREAS, th® Village seeks to provide inducemerrt for Michael R. Couz~o, Jr. to remain in such empiaymen# and make Poss~le full wait producctivityr by assuring Michael R. Couuo, Jr.'s monde and pe~uaZ of mind with respect to future security; to sat as a deterrent against manoe or dishonesty for personal gain on the part of Michael R. Couzm, ,lr.; and to provkle a just means flu term~atk~ Mk;hael R. Couzzo, Jr.'s services at such time ~ he may be unable fully to discharge his duties or when ~e Village may desire to otherwise terminate his empbyment; and WHEREAS, Michael R. Couz~o, Jr. desires to accept empbyment as Village Manager of the Village of Tequesta. NOW, THEREFORE, in consideration of the mutual covenants herein corr#ained, the parties hereto agree as follows; SECTION'!. DUTIEB Villas hereby agrees to ernpby Mk~sel R. Couuo, Jr. as Vilkige Manager of the Vi~ge ~ perform the fimctlor>s and duties specified in the Village Charter, state statutes end ordinances and to perform such other IegaNy perrniss~le and proper duties and functions as the Village Council shat! from time to time assign. 8ECT~N Zy TERM This Agreement, as ar~rre--ded, and aA of ire terms and provlslarw, shall be for a five {5}year term eff~ectlve on Nav~ernber 14. 2002, and shah expire on. November 1 S, 2x07. Thereafter, his Agre~nt shag automatic:ai{ai renew for arwther five {5)-year term upon the same terms ~1 conditions conbtlned herein unless d~anged by agreement of Use par#les. Any amendments or changes to this Agreement shall be in writing and executed by bottr parties. Nothing in this Agreement shall prevent, Ilmit or otherwise interfere with the right of the Village Council trs terminate the services of '. AgreemoM baEween Village of Tequesta and Michael R. Couzzo, Jr. Michael R. Couuo, Jr. at the will of the Village Council, without cause, at any time, subject only to the provisions set Earth in Section 3 of this Agreement. Nothing in this Agreement shall p~sverrt, Nmit or otherwise interfere with the right cfi Michael R. Couuo, Jr. to resign at arty tine from his position with the V#lage, subject to the provisions set forth in Ssc~ion 3 of this Apreernent. Michael R. Couuo, Jr. agrees to remain in the exclusive employ of ~~ Village and shah not become empbyed by any other employer tmless resignation or termination is effected as hereinaRet provided. The prohibitiat against outside empooym®nt shall not be constnaec! to include occasional teairlring, wri#ing or consulting pertbrmed on Michael R. Couuo, Jr.'s time off. However, in no event shell Michael R. Couuo, Jr."s outside emptayrnent In~erfer{e with or a~therwise hinder the performance of his duties ~ VNlage Manager or reflect poorly upon the Warne or reputatlon of the vll~ge. . SECTION .S. TII~ATION AND St: =RANGE PAY In the event M~hael R, Couuo, Jr. is terminated by the ViN~e Council before expiragon of the afonesakl term afi empbyment and during such time that Michael R. Couuo, Jr. i$ wilting and able to perform the duties of 1liliage Manager. then and in that event the ViNags agrees to pay Michael R: Couuo, Jr. a lump sunr cash payment equal to six {6) month aggregate sa~ry ("Severance Payment"), with ~ additional one (1) mon#h salsuy far each axMitionat year he has been employed since his initial en~ptoyment end shah caMinur=e Michas! R. Couuo, Jr.'s afFwr benefits (insurance coverage as set forth In Sec~lon 8, until Michas! R, Couzro, Jr. is re-employed and covered by anotlter health insurance policy) prm-ided hereunder fivr the six-month period immediat~y following termination. In the event Michael R. Couixa, Jr. is re- employed during the six-month period immediately foNowing termination, the Village's obligation to continue benefits shall Deese. Re-empbymeM, however, wNi not aft~ect Michael R. Couuo, Jr.'s er~#ie~rne>1t to the Severance Payment. In the errent, trowmner, that M~hael R. ~ Couuo, Jr. ~ terminated for reasons r+ekding to moral turpitude, matleasance ~ derelfclion ofi duty; then, in that event, the ViNege shall have no obii~ion to make the Severance Payrn~mt or continue benefits subsequent !a temnirmNon. The Severance Payrnerit, vacation, side leave and other accrued benefits refererroed in this ~rnent shad serve ~ liquidated damages and shell serve in the pleas and std of, and as the sole and exclusive remedy tor, ariy alai~n Michael R. Couuo, Jr. may have aga~st the VNI~e, its oftic~rs or representatives, directly or indirectly rela#!ng to his termination. In the ev~errt the VNlege refuses, foRowing written notice, to comply with any of the provisions ben~ting M~haef R. Couuo, Jr. heroin, or Michael R. Couuo, Jr. resigns 2 Agreement treivreen ViNage of Tequesta and ,, ~ Michael R. Cauzza, Jr. folbwing a suggestion, whetter formal ar inf+ormai, made by a majority of the Village Council in official session #hat he resign, then and in mat event, Michael R. Couzzo, Jr. may at his option be deemed ~ be "terminated" as of the date of such reduction, refusal to eomply or neaignation, within the meaning and context of the severatx~e provision. to the event Michael R. Couxro, Jr. voluntarily r9esigns his postiion with the Village before expiration of the term of this agreement, then Mirfiael R, Couzzo, Jr. shall give the Village sixty (80) days` advanve notice and relinquishes any and all right to the severance benefits provided under this section. SCCTION 4. SALARY Michael R. Couzzo, Jr.'s annual salary as of September 30, 2002, is $92,58b.00. Michael R. Couzzo, Jr.'s annual base salary ahaR be paid to Michael R. Cauzzo, Jr. in equal instalments at the same time other employees of the Village eta paid. Beginning with the first year of the agreeneerd, Michael R. Couzzo, Jr.'s salary shall be increased by three percent (396}. Thareaflsr, for each subsequent year, Micheal R. Couzzo, Jr.'8 salary shaft be increased four peroerrt (4°K) each year until the term oft #hi~ agr+eement expirres. The Vlliage Council shall review Michas[ R. Couuso, Jr.'s performance annuaNy, ist feast thirty (30) days prior to Qcbober 1 of each fiscal year, and declde if additional Performanoe Recognitbn Compensation ("PRC" j is approprlabe. Michael R, Couuo, Jr. shall n~ceive oost aE living increases ~ authorized by the U#aga Council and such adjustments shall be included in h~ annual laare salary The granting of any additional salary increases based on Michas! R. Couzzo, Jr.'s pertormanoe evaluation ~ left exclusMely to- the discretion of the Vfilage Council. If the 1/iliage grants Michael R. Couzzo, Jr. PRC, then any amount sperifted by resolution shall be determined before tax. Taxes and other payro~ duns shall be deducted from said amount, as with normal staff compentsation, before payment to Michael R. Couzzo~, Jr. SgGTtON 6. 1ii31CATIC~N Michael R. Couzzo, Jr. shall accumulate lour (4) weeks of vacation annually on October' of each fiscal year. Any issue taken by Michael R. Couzzo, Jr, in excess of eighty (80} consecutive hours shat! require prior apprrrval of th® Village CouncN. SlCTION 6. AUTOMOk31l.iE Beoause employment requires twent~f~our (24) hour availability of a vehicbe, the Village shall provide an automobile allowance to Michael R. Couzzo, Jr. in the amount of $500.00 per month for use of tlilichael R. Couuo, Jr.'s personal vehicle. Thy figure may be reviewed by the Village Council periadlcally and adjusted according to the 3 Agreemen# between Vlilase of Tequ~ta and - ~ Ml~el R. Couzzn, Jr. Bureau of Labor Statistics, Southeast Regional Office, Consumer Price index. to additbn to the above, Michael R. Couzzo, Jr. shah he compensated at the standard rate approved by the Village Council for otfidal vehicle usage for empbyoar related trips required of the V~lage Manager outside Palm 8eachlAllartin County areas. Saki mile~e shad be corr~uted from the outerrno~ limits of the Palm 8eedtAWar#in County ar+sas to the #inal destination point. SECTION 7. PROFE$SiONAL DEVELOPMENT The Vitlege agrees to provide Michael R. Couzza, Jr. the casual and necessary funding applicable fiar #ravel and sc~sistersce rseoessary for Mic~ei R. Couzm, Jr.'s profierssbnai development and for the good of the Vlltage. The VifMage agrees to PeY the membership dues of the Interrsatbnal City Managers i4ssoc~ation, the Florida County and City Managers Assoc ion, and the Palm Beach County City Managers Associatbn. Village splly egr+ses to budget and to pay for the travel and subsistarroe rolating to carrferaenoes tr~ln,p to municipal government managem®nt that woerkl be in the best irs~rest of Michael R. Couzzo, Jr. and the Village, pursuant to the applicable travel policies of the Viifage, # any. Abserst any Visage travel policy relative to same, such travel and subsistence shah be reasonable as determined by the Vi~stge. ~; SECTION 8. INSURANCE The V~Islge agrees ~ provide hospitalization, life, major medical and other rels~d insurarsoe for Michas! R. Couzzo, Jr. ~d make available such coverage for his dependents end to pay the prr~niurrss thereon in a manner comparable to tltat whbh is provided for all other Village empbyees. SECTION 9. JOB RELATED EXPENSES The Vlliage r~ecogni~ that c~rlain exper~es of a non~personai and job rela~l nature, such as use of Michael R. Couzzo, Jr.'s persona! ceNular phone, bng distance c:a~s and faeces from horns. ort-line computer time for computer located at home, software, attendance at bcal government mugs, job reMrled pub~a-tiorw, meals, etc. are neoessarlly incurred by Michael R. Couzzo, Jr. In aocondanoe with his empbyment as Village Manager. Therefore, Michael R. Cou~:o, Jr. shah receive a general expense aibwance ofi $204.00 peg month. payable on the first llay of each month, during his tern of employment to cover these and similar expenses. Michael R. COUY7A, Jr. shall not be entit>ed to reimbursement for any expenses incurred over and above the $200.00 allowed as an experwe alio~noa. Erstidement ~ this genera! e~spense aibwance shall Deese upon Michas! R. Couzzo, Jr.'s res~natbn ocr termination, 4 Agreement between UiliB~e or Tequeata and fWit~tsel R. Couxto, Jr. SECTION 'l0. RETIRE#11ENT The V~lage a~raes tb ex+ecute elf necessary agreements provided by the International City Management Ass~Retinerrrent Corporation {ICMq-FtC) t`or flAichael R. Couzzo, Jr.'s continued p~tidpatiort in sad ICgAA RC Retirement plan. In addition t4 the base salary and other benef'i~ paid by the Vibe to Michael R. Couxzo, Jr. as described in Section 3 of th~ Aareenrent, the V~lage agrees to pay an amount equal tD iweirne percent {1296) of Michael R. Couzzo, Jr.'s annual bane sa~ry Into the iCMA~-RC on M~hael R. Couzzo, Jr.'s behalf, in equal proportivnafie amounts each pay period and to transfer ownership to Michael R. Coutzo, Jr. upon Michael R. Couzxo, Jr.'s resianatfon or discharge. No4.vvlthstanding th~ provis~n, the maximum contribution to be paid by the. Village under this section shall not exceed the maximum allowed by law. The Vf~e shelf also make ooritrributlons on behalf of Michael R. Couzzo, Jr. to the tjetir~nent plan in sliest for all Village anployees at the same levels applicable to mineral admMrtive ernploy~aes and agrees #a transfer owner~lp pf earns to Michael R. Couxzo, Jr. upon resignation or discharge. SECT1~111. CyTHER 'i'EI~NS AND CC~iDI'TIONS OF EMPLOYMENT l The Village Council shall flx suvh other terms and condltbns of employment as it may determine cram time to time rehiting to the performance of lUichael R. Couzzo, Jr., provkled such terms and condit~ns are not ihoonsiste<tt with or in conflict with the provls~ns of this agreement, the Chanter or any other few. Except as spelly provided herein, Michael R. Couzzo, Jr. shall be subj~t to ail provisions of the Vibe Charter and Code, as well ~ n~gulations and raise of the Village relating to sk~c leave, nrtireu~nertt and pension system con#ibutions, hoNdays, and other fringe benefits and workir~ conditions ~ as they now exjst or her~lter Wray be amended. The 1/ltiage shall bear the full t:ost of any fidelity or other bonds required of Michael R. Couzzo, Jr. under any ordinance. If any provl$ion or any port~n thereof contained in this Agreement is held to be unoonstihrtional, invalid or unen(oroeable, the remainder of thi$ agreement or portion thereof shall be deemed severable acid shall not be affected and shen remain in full force and effect, J 5 agreement between Viil~e of Tepuasta and Mieltael R. Couzzo, .ir.~ ~~ SECTiQN 12. C41+IFI.ICT3 4F INTERE&T Michael R. Couzzo, Jr. shall not, without #re express prior written approval of the Village Council, irrdiv~ually, or as a partner, joint venturer, offi©er, shar+ehatder or any o#her s~nilar position of any kind or Wafture whatsoever, invest or participafie in any business venture which conduk~s or in#ends to conduct business within the corporate la»its of the Village, except for stock ownership ~ in arty corripany, the capital stock of which i$ publicly hekt and negui~ly traded. Except #oir purohase of a personal residue, Michael R. Couzm, Jr. shell not own or invest In any real property within the corporate limits of the Village, withtwt prior nodt7cation to and advance wrdten approval by Visage Council, which appravai may be withheld by the ViNage Counc~i in its sole discr~ion. - Michael R. Couzzo, Jr. ie precuded from engaging In any conduct which creates either an actual or peroeived cornlict of interest under applicable federal, state or local law. SECTi4N '13. M18CELLANEOUS PR~VISICNS Thk agr~rneM cor>stitutes the entire understanding between the parties . ~ regarding issues relating to Michael R. Couxzo,' Jr.~ employment with the V~lage, and supersedes any prior agreement or understanding, whether verbal or wrihen, whk~t may have existed between the parties. This Agreement may rwt be amended except in writing and with the express aQpraval of both parties. In the event it should becorrte r~ecssse~ry fior either party to Initiate adversarlai proceedings to enforce the terms of this agreemerrt, the prevailing party shall be entitled to recover its reasonable atbomey's fees incurred in such ef#orts. Venue for any such proceeding shah b®~ a court of oanpebent jurisdiktion in-Palm Beach County. Michael R. Couz~ao, Jr. acknowledges ttrat he has bean afforded the opportunity and encouraged to obtain the representation of legal cotirwel in connection wigi the drag and execution of this Aar+eement. As suct, no provision of this Agreement shall be construed in favor of of agairwt e#her party by virtue of draflsrrtanship. IN WITNESS WHEREOF, the Vllls~e of Tequesta has caused this agreement to be signed and exeBUQed on its behalf by the Mayor and duty attested by its Village Clerk, and Mk~tel- R. Couzxo, Jr. has signed and e~c~ecuted this Agreement, both in duplicate, the day and year Rrst above written. g Agr~ment between village of Tequesta and Michael R. Couzzo, Jr. V11.1.At3i lVCIL your Jamea R. H A'I"!'~ST: Qy; ~OrLi, !'Y'1Et v~n~e c~ sy: ~ M~hae R. zza, Jr AT~'EST: v~t~~ c~ p:1DOC61f Si69100001 WOC1111Z1~O.pOC