HomeMy WebLinkAboutAgreement_General_05/09/2013 EMPLOYMENT AGREEMENT BETWEEN
JAMES M. WEINAND
AND
THE VILLAGE OF TEQUESTA, FLORIDA
This Employment Agreement is made and entered into this day of
2013, 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. 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 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.
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 shall perform such other legally permissible and proper duties and
fiinctions as the Village Manager shall from time to time assign, provided such duties and
fiinctions 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.
SECTION 2. TERM
A. The term of this Agreement shall be for one year, commencing June 1, 2013. The 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 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 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 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 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 AND WORK -WEEK
A. James M. Weinand's rate of compensation 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 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 1.13 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
later date and time.
C. James M. Weinand shall not receive any retirement benefits as part of this Agreement.
SECTION 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 full -time employees of the Village in
accordance with Village of Tequesta Personnel Policies.
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 Village 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, vision
insurance, and agrees opt out of the Villages insurance plan and instead receive a $300.00
monthly insurance allowance.
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 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. 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 considered a full -time
employee, working a reduced work week and 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 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 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.
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 ouzo r. ames . Weinand
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