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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_05/10/2012 � � VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: uii:.k i��::� ti� t:; ;�t-� ��:x'�. 05/10/2012 Consent Agenda: Yes Resolution #: t�:lick here t� e;�ter text. Originating Department: Village Manager's 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Council consideration and approval of the employment agreement extension between James Weinand and the Village of Tequesta, and the Village Manager to execute the agreement effective 6/1/2012. 3. BUDGET / FINANCIAL IMPACT: Account #: 001-192-512.100 Amount of this item: $94,746.40 Current Budgeted Amount Available: Amount Remaining after item: $1,446,800.00 $1,352,053.60 Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) The agreement is for one year effective June 1, 2012 as the Village's Fire Chief and includes all regular full-time em lo ee benefits, with the exception of ension, rou health and dental. 5. APPROVALS: ��� ��, � Dept. Head: Finance Director: _ � A�°ov�d `� - �� �: ``�c;�" ' "`-""""`� _..-+ . . .� � � t t .. _ , No Financial Impact � Attorney: (for legal sufficiency) Yes ■ No ❑ _ ...__ � � - ____�\ Village Manager: �- SUBMIT FOR COUNCIL DISCUSSION: � Routing Sheet Process � 1. Send ALL completed forms to Finance for review ONE WEEK prior • APPROVE ITEM: ❑ to agenda items due into Clerk's Office. • DENY ITEM: � 2. Finance sends Routing Sheet to Form amended 08/26/08 Clerk by deadline. 3. Clerk formulates agenda and sends to Manager for review / approval. Z������!�Gl/�� �� ATTORNEYS AT LAW 1111 Hypolwto Road, Suite 207 �� .�����6.� JOHN CORBETT TELEPHONE (561) 586-7116 TRELA J. WHITE TELECOPIER (561) 586A611 BRADLEY W. BIGGS*^ KEITH W. DAVIS* R. MAX LOHMAN ABIGAIL FORRESTER JORANDBY * Board Certified in City, County and Local Government Law JENNIFER GARDNER ASHTON ^ StaYe Certified County and Circuit Court Mediator MEMORANDUM TO: Village M�xiager Couzzo; Merlene Ried FROM: Keith W. Davis, Esq. DATE: May 2, 2011 RE: Proposed Employment Agreement for James M. Weinand As you are aware, Chief Weinand has submitted a letter announcing his retirement for later this month. I have assisted Chief Weinand in preparing an employment contract which would facilitate his being hired as Fire Chief and also acting community development director. It is a one year agreement that provides for a set saiary, leave in accordance with Viliage policy, a set cell phone allowance, a life insurance contribution, and seminar/training attendance at the discretion of the Village Manager. The attached contract is approved for form and leg�l sufficiericy. 1 EMPLOYMENT AGREEMENT BETWEEN JAMES M. WEINAND AND THE VILLAGE OF TEQUESTA, FLaRIDA This Employment Agreement is made and entered into this day of , 2012, 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 of the Village of Tequesta; and WHEREAS, it is the desire of the Village Council, through the Village Manager, to provide James M. Weina.nd with certain benefits and conditions of employment; and WHEREAS, Jatnes M. Weinand desires to continue employment as Chief of the Fire- Rescue Department 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 Departrnent for the Village of Tequesta in accordance with the Code of Ordinances of the Village of Tequesta, Florida, Section 34-32. 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 Mari�gement Director), and shall perform such other legally permassible and proper duties and functions as the Village Mana.ger 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 sha11, 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. SECTION 2. TERM A. The term of this Agreement shall be for one year, commencing June 1, 2012. T'he parties may re-negotiate the conditions of this Agreement, including the term, prior to the expiration of the one year term. 1 __ __ 3 ---- _ _ 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 sha11 not become employed by any other employer unless resignation ar ternunation is effected as hereina.fter provided. The prohibition against outside employment sha11 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 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 Seetion 2(B) before expirat�on 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, then and in that event, the Village agrees to pay James M. Weinand for all accrued leaves in accordance with Village of T'equesta 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 sha.11 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 representa.tives, directly or indirectly relating to his termination. SECTION 4. SALARY AND WORK-WEEK A. James M. Weinand's rate of compensation sha11 be $56.9389 per hour for an annual salary of $94,746.40, and shall be paid in equal installments at the same time other employees of the Village are paid. B. Annual salary in Section 4.A is based upon a 32-hour workweek. Both parties agree that there may be times when extra hours are required to perform the duties outlined in Section 1.B of this Agreement, and further agree that subject to the Village Manager's prior approval, any extra hours worked in excess of 32 hours per week, will be taken off at a later date and time. C. James M. Weinand shall not receive any retirement benefits as part of this Agreement. 2 SECTION 5. LEAVE James M. Weinand sha11 be entitled to all vacation, sick and personal leave in the same manner as provided to other full-time employees of the Village in accordance vvith Village of Tequesta Personnel Policies. Any personal leave allotted to James M. Weinand on January 1, 2012 and which have not b�ecen used as at May 31, 2012, sha11 be rolled into his contract for the remainder of calendar year 2012. SECTION 6. AUTOMOBILE 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. The Village sha11 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. SECTION 7. PRO�"ESSIONAL DEVELOPMENT The Village agrees to provide James M. Weinand the usual funding applicab�e 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 State Fire Marshal and Chief s conferences, other national, regional, staxe, and local governmental ar 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 sha11 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 sha11 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 with a face value consistent with other full�time department head in the Village during the term of tlus agreement. SECTION 9. JOB RELATED EXPENSES A. The Village recognizes that certain expenses of a non-personal but job related na.ture are in�urred 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. 3 B. The Village sha11 provide James M. Weinand with the necessary two-way radio communications (fixed and portable), pager, computers (fixed and portable) and the necessary soflware required for him to perform the duties and responsibilities set forth in this Agreement. C. The Village sha.11 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 a11 provisions ofthe Village Charter and Code, as well as regulations and rules ofthe 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 thexeof 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 sha11 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 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 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 representa.tion of legal counsel in connection with the drafting and execution of this Agreement. As such, no provision of this Agreement sha11 be construed in favor of or against either party by virtue of draftsmanship. 4 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 yeaz first above written. Village of Tequesta By: By: Michael R. Couzzo, Jr. James M. Weinand Village Manager ATTEST: ATTEST: By: By: Lori McWilliams, MMC Lori McWilliams, MMC Village Clerk Village Clerk 5