HomeMy WebLinkAboutDocumentation_Regular_Tab 10C_09/16/2004 ��� � ,
MEMORANDUM
TO: Mayor and Council
DATE: September 10, 2004
At the Village Council meeting held on August 12, 2004, the Council agreed that
PRC (performance recognition compensation) was warranted for the Village
Manager. At your request, I have met with the manager to review this matter.
This past year there have been numerous significant accomplishments throughout
our Village. Mr. Couzzo's continued leadership and performance have benefited
our Village this year as it has in past years.
My discussions with the manager were based on maintaining a conservative and
objective approach to detei�nining an appropriate PRC.
To that end and in consideration of prior year's PRC's, I recommend for your
appraval a PRC this year of $14,000.00. The amount is less than what I feel
appropriate, based upon this past year's performance. However, al1 things
considered, and with the Manager agreeing to the amount, I respectfully request
your approval at this time.
It has been my pleasure to render t�ervice t my colleagues and the Village.
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Councilmember Russell J. van Frank �
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WEISS SE130TA HELFMAN C
PASTOF.IZA Sc GUEDES, P.A.
ATTO R N EYS AT LAW
MIAMI-DADE OFFICE
MITCHELL A. BIERMAh1 CHRISTOPHER F. KURTZ
NINA l. BONISKE 2665 SOUTH BAYSHORE DRIVE HARRIET R. LEWIS�
JAMIE ALAN COLE SUITE 42O PETER A. LICHTMAN
EOWARO G. GUEDES KAREN LIEBERMAN�
STEPHEN J. MELFMAN MIAM1, FLORIDA 33133
MATTHEW H. MANDEL
GILBERTO PASTORIZA BERNARD S. MANOLER�
JOSEPH N. SEROTA MICHAEL J. MARRERO
NANCY E. STROUD TELEPHONE (305) 854-OBOO ALEXANDER �. PALENZUEU-MAURI
RICHARD JAY WE155 TELECOPIER (305I 65�i MICHAEL S. POPOK�
DAVID M. WOLPIN WWW.WSH-FLAIAW.COM ANTHONY L. REC10
STEVEN W. 2ELKOWIT2 BRpWARD OFFICE GARY I. RESNICK�
3107 5TIRlING ROAD • SUITE 300 MARK A. ROTHENBERG
THOMAS J. ANSBRO� FORT LAUDERDAIE, FLORIOA 33312
SCOTT A. R081N
LILl1AN ARANGO OE LA H02� TEIEPHONE (954) 763-4242 • YELECOPIER (954) 764-7770 DANA J. SCHINDLER
AI�SON S. BIEIER GAIL D. SER07A�
MITCHEIL J. BURNSTEIN ARI C. SHAPIRO
ELAINE M. COHEN �OF COUNSEL JEFFREY P. SHEFFEL
STEPHANIE DEU75CH� MIA M. SINGH
DOUGLAS R. GONZALES � JOSE S.TALAVERA
JOHN R. HERIN, JH. SUSAN L. TREVARTHEN
January 24, 2003
Mr. Michael Couzzo
Village Manager
Village of Tequesta
250 Tequesta Drive, Suite 300
Tequesta, Florida 33469
Re: Amended Employment Agreement
Dear Mike:
Enclosed please find your Employment Agreement which was amended to reflect the
Village Council's approval of a twelve percent (12%) contribution into your I.C.M.A. retirement
account.
If you have any questions or require further information, please call.
Sincerely ,";
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Christopher F. Kurtz
CFK/vm
719.001
Enclosure
cc: Edward G. Guedes, Esq. (w!o enc.)
AMENDED EMPLOYMENT AGREEMENT BETWEEN
MICHAEL R. COUZZO, JR.
AND
THE VILLAGE OF TEQUESTA, FLORIDA
This Agreement, made and entered into this 14th day of November, 2002, by and between the
Village of Tequesta, Florida, a municipal corporation, hereinafter called the "Village", and Michael
R. Couzzo, Jr., an individual, both of whom understand as follows:
WHEREAS, the Village desires to employ the services of Michael R. Couzzo, Jr., 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 Michael R. Couzzo, Jr. to remain in
such employment and make possible full work productivity by assuring Michael R. Couzzo, Jr.'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 Michael R. Couzzo, Jr.; and to provide a just means for
terminating Michael R. Couzzo, Jr.'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 employment; and
WHEREAS, Michael R. Couzzo, Jr. 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. 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 Z. TERM
This Agreement and all of its terms and provisions, shall be for a five (5)-year term effective
on November 14, 2002, and shall expire on November 13, 2007. Thereafter, this Agreement shall
automatically renew for another five (5)-year term upon the same terms and conditions contained
herein unless changed by agreement of the parties. Any amendments or changes to this Agreement
shall be in writing and executed by both parties. Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of the Village Council to terminate the services of Michael R.
Couzzo, Jr. 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.
Agreement between Village of Tequesta and
Michael R. Couzzo, Jr.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Michael
R. Couzzo, Jr. to resign at any time from his position with the Village, subject to the provisions set
forth in Section 3 of this Agreement.
Michael R. Couzzo, Jr. 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 Michael R. Couzzo, Jr.'s time off. However, in no
event shall Michael R. Couzzo, Jr.'s outside employment interfere with or otherwise hinder the
performance of his duties as Village Manager or reflect poorly upon the name or reputation of the
Village.
SECTION 3. TERMINATION AND SEVERANCE PAY
In the event Michael R. Couzzo, Jr. is terminated by the Village Council before expiration of
the aforesaid term of employment and during such time that Michael R. Couzzo, Jr. is willing and
able to perform the duties of Village Manager, then and in that event the Village agrees to pay
Michael R. Couzzo, Jr. a lump sum cash payment equal to six (6) months aggregate salary
("Severance Payment"), with an additional one (1) month salary for each additiona� year he has been
employed since his initial employment and shall continue Michael R. Couzzo, Jr.'s other benefits
(insurance coverage as set forth in Section 8, until Michael R. Couzzo, Jr. is re-employed and
covered by another health insurance policy) provided hereunder for the six-month period
immediately follov;ing termination. In the event Michael R. Couzzo, Jr. is re-employed dLiring the
six-month period immediately following termination, the Village's obligation to continue benefits
shall cease. Re-employment, however, will not affect Michael R. Couzzo, Jr.'s entitlement to the
Severance Payment.
In the event, however, that Michael R. Couzzo, Jr. is terminated for reasons relating to moral
turpitude, malfeasance or dereliction of duty, then, in that event, the Village shall have no obligation
to make the Severance Payment or continue benefits subsequent to termination. The Severance
Payment, 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, and as the sole and exclusive remedy
for, any ctaim Michael R. Couzzo, Jr. may have against the Village, its officers or representatives,
directly or indirectly relating to his termination.
In the event the Village refuses, following written notice, to comply with any of the
provisions benefiting Michael R. Couzzo, Jr. herein, or Michael R. Couzzo, Jr. 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, Michael R. Couzzo, Jr. may at his option be deemed to be
"terminated" as of the date of such reduction, refusal to comply or resignation, within the meaning
and context of this severance provision.
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Agreement between Village of Tequesta and
Michael R. Couzzo, Jr.
In the event Michael R. Couzzo, Jr. voluntarily resigns his position with the Village before
expiration of the term of this agreement, then Michael R. Couzzo, Jr. shall give the Village sixty (60)
days' advance notice and relinquishes any and all rights to the severance benefits provided under this
section.
SECTION 4. SALARY
Michael R. Couzzo, Jr.'s annual salary as of September 30, 2002, is $92,585.00. Michae( R.
Couzzo, Jr.'s annual base salary shall be paid to Michael R. Couzzo, Jr. in equal installments at the
same time other employees of the Village are paid. Beginning with the first year of this agreement,
Michael R. Couzzo, Jr.'s salary shall be increased by three percent (3%). Thereafter, for each
subsequent year, Michael R. Couzzo, Jr.'s salary shall be increased four percent (4%) each year until
the term of this agreement expires.
The Village Council shall review Michael R. Couzzo, Jr.'s performance annually, at least
thirty (30) days prior to October 1 of each fiscal year, and decide if additional Performance
Recognition Compensation ("PRC") is appropriate. Michael R. Couzzo, Jr. shall be entitled to
receive all across-the-board increases granted to employees of the Village and his annual base salary
shall be adjusted accordingly. Except as specifically provided for in this section, the granting of
salary increases based on Michael R. Couzzo, Jr.'s performance evaluation is left exclusively to the
discretion of the Village Council. If the Village grants Michael R. Couzzo, Jr. PRC, then any
amount specified by resolution shall be "net" to Michael R. Couzzo, Jr.
SECTION 5. VACATION
Michael R. Couzzo, Jr. shall accumulate four (4) weeks of vacation annually on October 1 of
each fiscal year. Any leave taken by Michael R. Couzzo, Jr. in excess of eighty (80) consecutive
hours shall require prior approval of the Village Council.
SECTION 6. AUTOMOBILE
Because employment requires twenty-four (24) hour availability of a vehicle, the Village
shall provide an automobile allowance to Michael R. Couzzo, Jr. in the amount of $�OU.00 per
month for use of Michael R. Couzzo, Jr.'s personal vehicle. This figure may be reviewed by the
Village Council periodically and adjusted according to the Bureat� of Labor Statistics, Southeast
Regional Office, Consumer Price Index. In addition to the above, Michael R. Couzzo, Jr. 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.
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Agreement between Village of Tequesta and
Michae! R. Couzzo,lr. :
SECTION 7. PROFESSIONAL DEVELOPMENT
The Village agrees to provide Michael R. Couzzo, Jr. the usual and necessary funding
applicable for travel and subsistence necessary for Michael R. Couzzo, Jr.'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 conferences relating to municipal govemment management that
would be in the best interest of Michael R. Couzzo, Jr. and the Village, 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 8. INSURANCE
The Village agrees to provide hospitalization, life, major medical and other related insurance
for Michael R. Couzzo, Jr. and make available sucli coverage for his dependents and to pay the
premiums thereon in a manner comparable to that which is provided for all other Village employees.
SECTION 9. JOB RELATED EXPENSES
The V illage recognizes that certain expenses of a non-personal and job related nature, such as
use of Michael R. Couzzo, Jr.'s personal cellular phone, long distance calls and faxes from home, on-
line computer time for computer located at home, software, attendance at local government meetings,
job related publications, meals, etc. are necessarily incurred by Michael R. Couzzo, Jr. in accordance
with his employment as Village Manager. Therefore, Michael R. Couzzo, Jr. 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. Michael R. Couzzo, Jr. shall not be entitled to
reimbursement for any expenses incurred over and above the $200.00 allowed as an expense
allowance. Entitlement to this general expense allowance shali cease upon Michael R. Couzzo, Jr.'s
resignation or termination.
SECTION 10. RETIREMENT
The Village agrees to execute all necessary agreements provided by the Internationai City
Management Association-Retirement Corporation (ICMA-RC) for Michael R. Couzzo, Jr.'s
continued participation in said ICMA-RC Retirement plan. In addition to the base salary and other
benefits paid by the Village to Michael R. Couzzo, Jr. as described in Section 3 of this Agreement,
the Village agrees to pay an amount equal to twelve percent (12%) of Michael R. Couzzo, Jr.'s
annual base salary into the ICMA-RC on Michael R. Couzzo, Jr.'s behalf, in ec�ual proportionate
amounts each pay period and to transfer ownership to Michael R. Couzzo, Jr. upon Michael R.
Couzzo, Jr.'s resignation or discharge. Notwithstanding this provision, the maximum contribution to
be paid by the Village under this section shal] not exceed the maximun� allowed by law.
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A�reement between Village of Tequesta and
Michael R. Couazo, Jr.
The Village shall also make contributions on behalf of Michael R. Couzzo, Jr. to the
retirement plan in effect for all Village employees at the same levels applicable to general
administrative employees and agrees to transfer ownership of same to Michael R. Couzzo, Jr. upon
resignation or discharge.
SECTI4N 11. OTHER TERMS AND 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 Michael R. Couzzo, Jr., provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this agreement,
the Charter or any other law. -
Except as specifically provided herein, Michael R. Couzzo, Jr. shall be subject to all
provisions of the Village Charter and Code, as well as 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.
The Village shall bear the full cost of any fidelity or other bonds required of Michael R.
Couzzo, Jr. under any ordinance.
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.
SECTION 12. CONFLICTS OF INTEREST
Michael R. Couzzo, Jr. shall not, without the express prior written approval of the Village
Council, individually, or as a partner, joint venturer, officer, shareholder or any other similar position
of any kind or nature whatsoever, invest or participate in any business venture which conducts or
intends to conduct business within the corporate limits of the Village, except for stock ownership in
any company, the capital stock of which is publicly held and regularly traded. Except for purchase of
a personal residence, Michael R. Couzzo, Jr. shall not own or invest in any real property within the
corporate limits of the Village, without prior notification to and advance written approval by the
Village Council, which approval may be withheld by the Village Council in its sole discretion.
Michael R. Couzzo, Jr. is precluded from engaging in any conduct which creates either an
actual or perceived conflict of interest under applicable federal, state or lucal law.
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Agreement between Vi{lage of Tequesta and
Michael R. Couzzo, !r.
SECTION 13. MISCELLANEOUS PROVISIONS
This agreement constitutes the entire understanding between the parties regarding issues
relating ta Michael R. Couzzo, Jr.'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.
In the event it should become necessary for either party to initiate adversarial proceedings to
enforce the terms of this agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees incuned in such efforts. Venue for any such proceeding shall be in a court of
competent jurisdiction in Palm Beach County. -
Michael R. Couzzo, Jr. 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 party by virtue of draftsmanship.
IN WITNESS WHEREOF, the Village of Tequesta has caused this agreement to be signed
and executed on its behalf by the Mayor and duly attested by its Village Clerk, and Michael R.
Couzzo, 3r. has signed and executed this Agreement, both in duplicate, the day and year first above
written.
VILLAGE COUNCIL
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Mayor Geraldine Genco �-= Michae . Copz ,
ATTEST: ATTEST:
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