HomeMy WebLinkAboutDocumentation_Regular_Tab 12_05/09/2013 � `� VILLAGE OF TEQUESTA
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_ AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
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Meeting Date: Meeting Type: Regular Ordinance #: Click here to enter text.
� May 9, 2013
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= Consent Agenda: Yes Resolution #: Click here to enter text.
Originating Department: Village Manager
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 6/1/2013.
3. BUDGET / FINANCIAL IMPACT:
Account #: 001-192-512.100 Amount of this item: $
Current Budgeted Amount Available: Amount Remaining after item:
$ $
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda ifem)
The agreement is for one year effective June 1, 2013 as the Village's Fire Chief and includes all regular full-
time employee benefits, with the exception of pension, group health and dental. .
5. APPROVALS:
Dept. Head: Finance Director: ❑ Reviewed for Financial
Sufficiency
� No Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No ❑
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Village Manager: �--- � � -- �_- �
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• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM: �`"� � �
• DENY ITEM: �
Form amended 08/26/08
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,,� MEMORANDUM
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- Village of Tequesta
Administration
TO: Village Council
FROM: Michael Couzzo, Village Manager
DATE: May 9, 2013
SUBJECT: Proposed Employment Agreement for James M. Weinand
I respectfully submit the one year renewal employment agreement for your review and
approval.
Thank you.
�°.��� ��'�� ����; ��
ATTORNEYS AT LAW
1111 Hypoluxo Road, Suite 207
`Z���-� �� ��'�62
JOHN CORBETT TEI.EPHONE (561) 586-7116
TRELA J. WHITE TELECOPIER (561) 586-9611
KEITH W. DAVIS'
BRADLEY W. BIGGS•^ * Board Certified in City, CouMy and Lncal Govemment Law
R• NL1R 1AHMAN ^ State Certified County and Circuit Court Mediator
ABIGAIL FORRESTER JORANDBY
JENNIFER GARDNER ASHTON *#AICP, LEED AP
ERIN L. DEADY, P.A., Of Counsel"'
TO: Village Manager Couzzo
FROM: Village Attomey Davis
DATE: Apri130, 2013
RE: Fire Chief Contract 2013-2014
I provide you with the following information which explains the proposed changes as requested by the
Fire Chief for the 2013-2014 Fire Chief Contract. This differs from the current 2012-2013 contract as
follows:
1. Sec. 2A is changed to reflect the new term of the contra�ct which will be from June • 1, 2013 to
May 31, 2014.
2. Sec. 4A is changed to reflect an increase in salary from $94,746.40 to $96,641.25. This is a 2%
increase in the annual salary.
3. Sec. 5 is changed to add "holiday leave" to the list of leave (vacation, sick, personal) that �e Fire
Chief will receive.
4. Sec. 8A is changed to add a$300.00 per month health insurance allowa.nce in lieu of receiving
insurance through the Village.
5. Sec. l0A is changed to clarify that the Fire Chief works full time, but on a reduced work week.
This clarifies tha.t the Fire Chief is to be treated as a full time employee for purposes of leave.
EMPLOYMENT AGREEMENT BETWEEN
JAMES M. WEINAND
AND
THE VILLAGE OF TEQUESTA, FLORIDA
T'his Employment Agreement is made and entered into this day of ,
2013, by and �tween the Village of Tequesta, Florida, a municipal corporation, hereinafter
called the "Village", and 3ames M. Weinand, �n.n individuat, both af wham understand as follows:
WHEREAS, the Village desires to employ the services of James M. Weinand as Chief of
the Fire-Rescue Departnaent of the Village of Tequesta; 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 continue employment as Chief of the Fire-
Rescue Department of the Village of Tequesta pursuant to the terms and conditions set forth in
this �mployment Agrec�ment (the "Agreement"}.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
SECTION 1. DLTTIES
A. T'he 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 brdinances 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 Management
Direetor), and shall perform such other legally permissible and proper duties and
functions as the Village Manager sha11 from tirne ta 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.
G 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 Cluef and for Fire
Marshali in accordance with Ch. 633, Florida Statutes.
SECTION 2. TERM
A. The term of tlus Agreement sha11 be for one year, commencing June 1, 2013. T'he parties
may re-negotiate the conditions of this Agreement, including the term, prior to the
expiration of the one-year term.
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B. Nothing in this Agreement shail be construed to prevent, limit ar otherwise interfere with
the right of James M. Weinand to resign at any time from his position with the Viliage,
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 emplayed 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 sha11 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.
SEGTION 3. TERMINATION
A. In the event Ja.mes M. Weinand is terniinated by the Village Manager or resigns in
accordance with Section 2(B) before expiration of the aforesaid tertn of employment and
during such time that 3ames M. Weinand is able to perform the duties of Chief of the
Fire-Rescue Department, then and in that event, the Village agrees to pay James M.
Weina,nd 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 af duty, then, in that event, the Village sha11 have no
obligation to pay James M. Weinand for any accrued leaves. Payxnent for any accrued
leaves sha11 serve as liquidated damages and shali serve in the place and stead of, and as
the sole and exelusive remedy for, any claim James M. Weinand may have against the
Village, its officers or representa.tives, directly ar indirectly relating to his termination.
SECTION 4. SALARY AND WORK-WEEK
A. James M. Weinand's rate of campensation shall be $58.0776 per hour for an annual
salary of $96,641.25, and shall be paid in equal installments at the same time ather
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
approval, any extra hours worked in excess of 32 hours per week, will be taken off at a
iater date and time.
C. James M. Weinand sha11 not re�eive any retirement benefits as part of this Agreement.
SECTIOiY 5. LEAVE
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James M. Weinand shall be entitled to all vacation, sick, holiday and personal leave
accruals in the same manner as provided to other fuli-time employees of the Village in
accordance with Village of Tequesta Personnel Policies.
SECTI�N 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 sueh, the Village will provide a full size, properly equipped vehicle that is
to be used by James M. Weinand only, for c�mtnut�ng and for on ca11 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 a11 costs
assaciated with the operation, maintenance, repair and/or replacement of said vehicle.
B. The vehicle may not be utilized for personal use outside the azeas James M. Weinand is
obligated to respond in the event of a fire-rescue ca11 ar while on Village business.
SECTION 7. PROFESSIONAL DE�''EL4PMENT
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 1Vlanager, including but not limited to the
Tnternatianal Fire Chiefls Annual Conference, the State Fire Matshal and Chief s conferenees,
other national, regional, state, and lacal governmental or civic groups and committees in which
James M. Weinand represents the Village, and other short courses, institutes, and seminars. All
activities deseribed in thi,s sectian sha11 be approved in advance by the Village Mana.ger and
conducted pursuant to the applicable travel policies af 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.
SECTI�N 8. INSURANCE
A. Jaxnes M. Weinand has his own comprehensive health, hospitalization, dental, vision
insurance, and agrees opt out of the Villages insurance plan and instead receive a$300.00
montlily insurance allowance.
B. The Village shall pay the premium for term life insurance with a face value consistent
with other fixll-time department h�ad in the Village during the term of this agreement.
SECTION 9. JOB RELATED EXPENSES
A. The Village recognizes that certain expenses of a non-personal but job related nature 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.
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B. T'he Village shall provide James M. Weinand with the necessary two-way radio
cammunicatians (fixed and portable), pager, computers (fixed and portable} and the
necessary software required for him to perform the duties aztd responsibilities set forth in
this Agreement.
C. The Village shall providE James M. Weinand a$100.00 per month stipend to pay for
cellulaz telephone expenses. James M. Weinand shatl not be entitled to reimbursement
for any cellulaz telephone expenses in excess of the $1 Q0.00 stipend.
SECTIE)N 10. 4THER TERMS AND CONDITIUNS
A. Except as specifically provided herein, James M. Weinand shall be considered a full-time
employee, working a reduced work week and subject to a11 provisions of the Village
Charter and Code, as well as regulations and niles of the Village relating ta 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 ar any portion thereof eontained in this Agreement is held to be
unconstitutional, invalid ar unenforceable, the remainder of this agreement or portion
thereof sha11 be deemed severable and sha11 not be affected and sha11 remain in full force
and effect.
C. This Agreement constitutes the entire understancting between the parti.es regarding issues
relating ta 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
apgmval 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 sueh proeeeding shall
be in a caurt of competent jurisdiction in Pa.lm Beach County.
E. James M. Weinand acknowledges that he has been afforded the opportuniiy 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.
THE REMAINDER OF THIS PAGE INTENTIOALLY LEFT BLANK
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IN WITNESS WHEREOF, the Village of Tequesta has ca.used 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 Employrnent Agreement,
both in duplicate, the day and year first above written.
Village of Tequesta
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By: By:
Michael R. Couzzo, Jr. ames . Weinand
Village Manager
ATTEST: ATTEST:
By: By:
Lori McWilliams, MMC Lori MeWilliams, MMC
Village Clerk Village Clerk
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