HomeMy WebLinkAboutAgreement_General_05/12/2011 EMPLOYMENT AGREEMENT BETWEEN
JAMES M. WEINAND
AND
THE VILLAGE OF TEQUESTA, FLORIDA
This Employment Agreement is made and entered into this � day of ,
2011, by and between the Village of Tequesta, Florida, a municipal corporation, hereinafter
called the "Village ", and James M. Weinand, an individual, both of whom understand as follows:
WHEREAS, the Village desires to employ the services of James M. Weinand as Chief of
the Fire- Rescue Department and as Acting Community Development Director of the Village of
Tequesta, as provided by appropriate statute and ordinance sections; and
WHEREAS, it is the desire of the Village Council, through the Village Manager, to
provide James M. Weinand with certain benefits and conditions of employment; and
WHEREAS, James M. Weinand desires to accept employment as Chief of the Fire - Rescue
Department and as Acting Community Development Director of the Village of Tequesta
pursuant to the terms and conditions set forth in this Employment Agreement (the "Agreement ").
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
SECTION 1. DUTIES
A. The Village hereby agrees to employ James M. Weinand as the Chief of the Fire -
Rescue Department for the Village of Tequesta in accordance with the Code of Ordinances of the
Village of Tequesta, Florida, Section 34 -32; and as the Acting Community Development
Director for the Village of Tequesta in accordance with the Code of Ordinances of the Village of
Tequesta, Florida, Section 2 -101.
B. James M. Weinand shall perform all the functions and duties of Fire Chief (including,
but not limited to the additional duties of Fire Marshall and Emergency Management Director)
and of Acting Community Development Director (including, but not limited to the additional
duties of Floodplain Administrator) as specified in the Village Code of Ordinances and state
statutes, and shall perform such other legally permissible and proper duties and functions as the
Village Manager shall from time to time assign, provided such duties and functions are not
inconsistent with or in conflict with the provisions of this Agreement or the Village Charter or
Code of Ordinances.
C. James M. Weinand shall, during all times that this Agreement is in effect, hold and
maintain current the proper and necessary state certifications for Fire Chief and for Fire Marshall
in accordance with Ch. 633, Florida Statutes.
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SECTION 2. TERM
A. The term of this Agreement shall be for one year, commencing June 1, 2011. The
parties may re- negotiate the conditions of this Agreement, including the term, prior to the
expiration of the one year term.
B. Nothing in this Agreement shall be construed to prevent, limit or otherwise interfere
with the right of James M. Weinand to resign at any time from his position with the Village,
subject to the provisions set forth in Section 3 of this Agreement.
C. James M. Weinand 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. The prohibition against outside employment shall not be construed to
include occasional teaching, writing or consulting performed on James M. Weinand's time off.
However, in no event shall James M. Weinand's outside employment interfere with or otherwise
hinder the performance of his duties as Chief of the Fire - Rescue Department and as Acting
Community Development Director or reflect poorly upon the name or reputation of the Village.
SECTION 3. TERMINATION
A. In the event James M. Weinand is terminated by the Village Manager or resigns in
accordance with Section 2(B) before expiration of the aforesaid term of employment and during
such time that James M. Weinand is willing and able to perform the duties of Chief of the Fire -
Rescue Department and Acting Community Development Director, then and in that event, the
Village agrees to pay James M. Weinand for all accrued leaves in accordance with Village of
Tequesta Personnel Policies.
B. In the event, however, that James M. Weinand is terminated for reasons relating to
moral turpitude, malfeasance or dereliction of duty, then, in that event, the Village shall have no
obligation to pay James M. Weinand for any accrued leaves. Payment for any accrued leaves
shall serve as liquidated damages and shall serve in the place and stead of, and as the sole and
exclusive remedy for, any claim James M. Weinand may have against the Village, its officers or
representatives, directly or indirectly relating to his termination.
SECTION 4. SALARY
A. James M. Weinand's annual salary pursuant to this Agreement is $120,850.00, before
tax, and shall be paid in equal installments at the same time other employees of the Village are
paid.
B. James M. Weinand shall not receive any retirement benefits as part of this Agreement.
SECTION 5. LEAVE
James M. Weinand shall be in entitled to all vacation and sick leave accruals in the same
manner as provided to other employees of the Village in accordance with Village of Tequesta
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Personnel Policies. Any personal leave that James M. Weinand did not use for calendar year
2011 upon his retirement shall be rolled into this contract for the remainder of calendar year
2011. James M. Weinand shall accrue personal leave for calendar year 2012 in accordance with
Village of Tequesta Personnel Policies at a pro -rated basis through May 31, 2012.
SECTION 6. AUTOMOBILE
A. James M. Weinand's duties require the exclusive use of a specialized fire vehicle
equipped with two -way radios, emergency lighting, siren and personal protective equipment. As
such, the Village will provide a full size, properly equipped vehicle that is to be used by James
M. Weinand only, for commuting and for on call purposes. The Village shall be responsible for
the purchase (or lease) of said vehicle, as well as for liability, property damage, and
comprehensive vehicle insurance, and for all costs associated with the operation, maintenance,
repair and/or replacement of said vehicle.
B. The vehicle may not be utilized for personal use outside the areas James M. Weinand is
obligated to respond in the event of a fire- rescue call or while on Community Development
business.
SECTION 7. PROFESSIONAL DEVELOPMENT
The Village agrees to provide James M. Weinand the usual funding applicable for travel
and subsistence necessary for James M. Weinand's professional development that is also deemed
to be a benefit to the Village by the Village Manager, including but not limited to the
International Fire Chief's Annual Conference, the State Fire Marshal and Chief's conferences,
other national, regional, state, and local governmental or civic groups and committees in which
James M. Weinand represents the Village, and other short courses, institutes, and seminars. All
activities described in this section shall be approved in advance by the Village Manager and
conducted 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 Manager.
SECTION 8. INSURANCE
A. James M. Weinand has his own comprehensive health, hospitalization, dental and
vision insurance and agrees to forego this benefit that is provided to every other full time
employee of the Village.
B. The Village shall pay the premium for term life insurance in an amount consistent with
every other department head in the Village during the term of this agreement. The Employee
shall name the beneficiary of the life insurance policy within 30 days of executing this
Agreement.
SECTION 9. JOB RELATED EXPENSES
A. The Village recognizes that certain expenses of a non - personal but job related nature
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are incurred by James M. Weinand, and agrees to reimburse or to pay said general expenses in
accordance with adopted policies and procedures of the Village that pertain to reimbursement for
job related expenses by Village department heads.
B. The Village shall provide James M. Weinand with the necessary two -way radio
communications (fixed and portable), pager, computers (fixed and portable) and the necessary
software required for him to perform the duties and responsibilities set forth in this Agreement.
C. The Village shall provide James M. Weinand a $100.00 per month stipend to pay for
cellular telephone expenses. James M. Weinand shall not be entitled to reimbursement for any
cellular telephone expenses in excess of the $100.00 stipend.
SECTION 10. OTHER TERMS AND CONDITIONS
A. Except as specifically provided herein, James M. Weinand shall be subject to all
provisions of the Village Charter and Code, as well as regulations and rules of the Village
relating to the use of leaves, holidays, and other fringe benefits and working conditions as they
now exist or hereafter may be amended.
B. If any provision or any portion thereof contained 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 affected and shall remain in full force and effect.
C. This Agreement constitutes the entire understanding between the parties regarding
issues relating to James M. Weinand's employment with the Village, and supersedes any prior
agreement or understanding, whether verbal or written, which may have existed between the
parties. This Agreement may not be amended except in writing and with the express approval of
both parties.
D. In the event it should become necessary for either parry to initiate adversarial
proceedings to enforce the terms of this Agreement, the prevailing party shall be entitled to
recover its reasonable attorney's fees incurred in such efforts. Venue for any such proceeding
shall be in a court of competent jurisdiction in Palm Beach County.
E. James M. Weinand acknowledges that he has been afforded the opportunity and
encouraged to obtain the representation of legal counsel in connection with the drafting and
execution of this Agreement. As such, no provision of this Agreement shall be construed in favor
of or against either parry by virtue of draftsmanship.
THE REMAINDER OF THIS PAGE INTENTIOALLY LEFT BLANK
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IN WITNESS WHEREOF, the Village of Tequesta has caused this Employment
Agreement to be signed and executed on its behalf by the Village Manager and duly attested by
its Village Clerk, and James M. Weinand has signed and executed this Employment Agreement,
both in duplicate, the day and year first above written.
Village of Tequesta
By: - By:
Michael R. o r. �I� J e . Weinand
Village
ATTES T: ATTEST:
By: �� fY�CGt� Yit C}n --- B
Lori McWilliams, MMC Lori McWilliams, MMC �.,,,
Village Clg6w ---.. Village Clerk o` ° �'��� COR o jZ
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