HomeMy WebLinkAboutDocumentation_Regular_Tab 10DF_09/14/2000 , � � � c
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R�SOLUTION NO. 84- 99/00
A RESOLUTION OF THE VILLAGE COUNCI•L O:
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING AN
EMPLOYMENT AGREEMENT WITH MICHAEL R.
COUZZO FOR THE VILLAGE MZINAGER POSITION
AND AUTHORIZING THE MAYOR TO EXECUTE THE
APPLICABLE AGREEMENT ON BEHALF OF THE
VILLAGE.
NOW, THLRPFORE, BE IT RESOLVED BY THL VILLAGL
COUNCIL OF THB VILLAGE OF TEQUESTA, PALM BFACH
COUNTY, FLORIDA, AS FOLLOWS:
Sec�iori l. An Employment Agreement with Michael R.
Couzzo for the Village Manager Position, attached
hereto as Exhibit "A" and incorporated by
reference as a part of this Resolution, is hereby
approved and the Mayor of the Village of Tequesta
is authorized to execute the same on Y�ehalf of the
Village of Tequesta. .
THE FOREGOING RLSOLUTION WAS OFFERED by
Councilmember , who moved its
adoption. The motion was seconded by
Councilmember , and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly
passed and adopted this 14 day of September,
A.D, 2000.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Joann Manganiello
Village Clerk
word/mydocumen.ts/resolutions/Couzzo Employment Coatract
� , � � J��s
F ��71 � Flagler Center Tower, Suite 1100 Mailing Address
j O11L V S�N 505 South Flagler Drive Post Office Box 3475
&��` P� West Palm Beach, Florida 33401 West Pa.lm Beach, Florida 33402-3475
Telephone (561) 659-3000 Facsimile (561) 832-1454
Attorneys and Com�selors
John C. Randolph, Esq.
�'$���.�� �f T'�L�ue��a,
Direct Dial: (561) 654-0458 �u�i .� � ZoQQ
E-mai1: jrandolph@jones-foster.com
�1111.�� �°clila��Y''S ��C�
August 29, 2000 VIA FAX: 575-6203
Ms. Joann Manganiello
Acting Village Manager/Village Clerk
Village of Tequesta.
Post Office Box 3?73
Tequesta, Florida 33469-0273
RE: Village of Tequesta
Employment Agreement with Michael R. Couzzo, Jr.
Our File No. 13153.1
Dear Joann:
Please find enclosed. a copy of the Employment Agreement between Michael R Couzzo, Jr. and the
Village of Tequesta. This agreement has been reviewed. and approved by Mr. Couzzo and has been
reviewed by me on behaLf of the Village.
Please provide the agreement to the Village Council for consideration at its ne� regulaz meeting on
September 14, 2000. Mr. Couzzo ad.vises that he wishes to have this matter resolved as soon as
possible.
Thank you.
Sincerely,
JONES, F�S ER, JOHNSTON & STUBBS, P.A.
.
John C. Randolph
JCR/ssm
Enclosure
cc: Richard L. Doody, Esquire
EMPLOYMENT AGREEMENT BETWEEN
1VIICHAEL R COUZZO, JR.
AND
THE VII.LAGE OF TEQUESTA, FLORIDA
� This Agreement, mad.e and entered into this day of , Z000, by and
betweea the Village of Tequesta, Florida, a municipal corporation, hereinafter called the "Villa.ge",
and Michael R, Couzzo, Jr., an individual, hereina,fter ca.11ed "Employee", both ofwhom understand
a.s follows:
WI�REAS, the Village desires to employ the services ofMichael R Couzzo, Jr. (Employee)
as Village Manager of the Village of Tequesta as provided by appropriate Charter, statute and
ordinance sections; and
VVHEREAS, it is the desire of the Village Council to provide certain benefits and establish
condirions of employment; and
WHEREAS, the Village seeks to provide inducement for Employee to remain in such
employment and make possible full work productivity by assuring Employee'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 the Employee; and to provide a just means for terminating Employee'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 employ; and
VVHEREAS, Employee desires to accept employment as Village Manager of the Village of
Tequesta.
NOV�, TI�REFORE, 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. (Employee) as Village Manager of
the Village to perform the functions and duties specified in the Village Charter, sta.te 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 2. TERM
This agreement and all of its terms and provisions, shall have an effective date of October
1, 2000, and shall be effective until the commencement of the regular meeting subsequent to the
date of the annual election of the Village Council, as provided in Section 2.07 of the Village Charter,
in 2004; and shall be automatically renewed annually subject to the reappointment of Employee
pursuant to the provisions of Section 2.07 of the Village Charter. Employee sha11 a.ssume the duties
of Village Mana.ger on October 1, 2000.
Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
Village Council to ternunate the services of Employee at the will of the Village Council, without
cause, at any ti.me, subject only to the provisions set forth in Section 3 of this agreement.
Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign at any time from his position with the Village, subj ect to the provisions set forth
in Section 3 of this agreement.
Employee agrees to remai.n in the exclusive employ of the Village and shall not become
employed by any other employer unless resignation or termination is effectecl as hereinafter
provided. In the event Employee is not re-appointed in any subsequent year in accordance with the
provisions of Section 2.07 of the Village Charter, the Employee sha11 be deemed to be term,i.nated
and Section 3 herein shall apply. The terms of this agreement shall apply during each term for which
Employee is re-appointed.
The term "employed" shall not be conshued to include occasional teaching, writing or
consulting performed on Employee's time off.
SECTION 3. TERMINATION AND 5EVERANCE PAY
In the event Employee is term.i.nated by the Village Council before expiratioa of the aforesaid
term of employment and during such time that Employee is willing and able to perform the duties
of Village Manager, then and in that event the Village agrees to pay Employee a lump sum cash
payment equal to six (6) months aggregate salary, which salary shall include all benefits received;
provided, however, that in the event Employee is terminated because of his conviction of any illegal
act involving moral turpitude, malfeasance or nonfeasance, then, in that event, the Village shall have
no obligation to pay the aggregate severance sum designated in. this paragraph. The severance pay,
accrued vacation, sick leave and other accrued benefits referenced in this agreement shall serve as
liquida.ted damages and shall serve in the place and stead of any claim Employee may have against
t�.e Vil�age, its officers or representa.tives, zlirectly or ind�irectly r�lating to his terminarion.
In the event the Village at any time during the employment term reduces the salary or other
financial benefits of Employee in a greater percentage than an applicable across-the-board reduction
for all Village employees, or in the event the Village refuses, following written notice, to comply
with any other provisions benefitting Employee herein, or the Employee 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, Employee may at lus oprion be deemed to be "terminated" at
the date of such reduction or such refusal to comply withi.n the meaning and context of the herein
severance pay provision.
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In the event Employee voluntarily resigns his position with the Village before expiration of
the aforesaid term of employment, then Employee sha11 give the Village thirty (30} days notice in
ad.vance and relinquishes all rights to severance pay.
SECTION 4. SALARY
Beginning October 1, 2000, Village agrees to pay Employee for his services rendered
pursuant hereto a starting annua,l base salary of $84,000.00. Employee's a�nual base salary shall be
paid to Employee in installments at the same time as other employees of the Village are paid.
Starting October 1, 2001, a➢1 provisions for annual evalu.ation with pay increase, if any, shall
be determined by the Village Council. Fa.ilure of the Village Council to complete the annual
evalua.tion process within sixty days ofwritten request for such by Employee, issued only on or after
October 1 st of each year of this agreement, shall en�i�le Effiployee to a four percent (4%) base salary
increa.se. Employee shall be entitled to all across-the-board in.creases granted to other employees
and min;mum base salaries listad herein shall increase with all cost af living pay increases which
may be granted to other employees from time to time.
SECTION 5. HOURS OF WORK
It is recognized that Employee must devote a great deal of time outside the normal office
hours of business of employer and to tha.t end, and in a manner consistent with the effi cient, effective �
and groductive opera.tion of the Village, as determined by the Village, Employee will be allowed to
determi.ne liis own office hours as he shall deem appropriate. However, as much as practical and in
a manner consistent with the efficient, effective and productive operation, as determSned by the
Village, Employee shall observe regular business hours in Village Hall.
SECTION 6. VACATION
Upon commencement of employment, Employee shall be credited with ten (10) da.ys
vacation leave. Thereafter, Employee shall accrue an a.dditional five (5) days vacation leave
effective October 1, 2001, and an additional five (5) days vacation leave effective October 1, 2002;
for a total of four (4) weeks vacation leave effec�ive �ctober 1, 2Q02.
SECTION 7. AUTOMOBILE
Because employment requires twenty-four (24) hour availability of a vehicle, the Village
shall provide an automobile allowance to Employee in. the amount of $500.00 per month for use of
the Employee's personal velucle. This figure shall be reviewed every twenty-four (24) months and
shall be adjusted according to the Bureau of Labor Sta.tistics, Southeast Regional Office, Consumer
Price Index. In addition to the above, the Employee shall be compensated at the standa.rd rate
approved by the Village Council for official vehicle usage for employ�r related trips required of the
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Village Mana.ger 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.
SECTION 8. MOVING EXPENSES
Employee shall be rei.mbursed, or the �7illage may pay directly, for all expenses incurred by
the Employee of moving himself and his personal property and that of his faxnily to the Tequesta.
area. Said moving expenses shall include all actua,l expenses, including both packi.ng and unpacking
charges; however, the amount to be rei.mbursed or paid by the Village sha11 be subject to approval
of the Village Council. Employee sha11 move within the corporate limits of the Village of Tequesta
within six (� months of the date of his employment.
SECTION 9. PROFESSIONAL DEVELOPMENT
The Village agrees to provide Employee the usual and necessary fundin.g applicable for tra.vel
and subsistence necessary for the Employee'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 Pa1m Beach County City
Managers Association. Village specifically agrees to budget and to pay for the travel and
subsistence relati.ng to the Annual Conference of the International City Managers Association aand
the Annual Conference of the Florida. City and County Managers Association, pursuant to the
applicable travel policies of the Village, if any. Absent any Village travel policy relative to same,
such tcavel and subsistence shall be reasonable as determined by the Village.
� SECTION 10. INSURANCE
The Village agrees to provide hospitalization, life, maj or medical and other related insurance
for Employee and his dependents and to pay the premiums thereon a.s is equal to that which is
provided for all other Village employees.
SECTION 11. INDENIlVIFICATION
�.� Tb.e Villag� s3�a11 beat t�e fu11 �os� of an��ftdeYity or �t3��r 1�onds requir� of Emp�loy� ���r
an.y ordinance. The Village shall defend, save harmless and indemnify Employee against any tort,
professional liability claim or demand, or other lega.l action, whether groundless or otherwise, arising
out of an alleged act or omission occurring in the performance of Employee's duties as Village
Manager and for which Employee was acting within the scope of his duties as Village Manager.
SECTION 12. GENERAL EXPENSE ALLOWANCE
The Village recognizes that certain eacpenses of a non-personal and job related nature, such
as use of Employee's personal cellular phone, are necessarily incurred by the Employee in
accordance with his employment as Village Mana.ger. Therefore, Employee shall receive a general
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expense allowance of $200.00 per month, payable on the first day of each month, during his term
of employment. Entitlement to this general expense allowance sha11 cease upon Employee's
resignation or termination.
SECTION 13. RETIREMENT
Village agrees to execute a11 necessary agreements provided by the International City
Management Association-Retirement Corporation (ICMA-RC) for Employee's continued
participation in said ICMA-RC Retirement plan and in ad.dition to the ba,se salary paid by the Village
to Employee. Village agrees to pay an amount equal to six percent (6%) of Employee's base salary
into the ICMA-RC on Employee's behalf, in equal proportionate amounts each pay period and to
transfer awnership to succeeding employers upon Employee's resignation or discharge.
Notwithstanding this provision, the maximum contribution to be paid by Village shall not exceed.
� the maximum allowed by law or IRS rules currently at $8,000.00 per annum.
The Village shall also make contributions on behalf of the Employee to the retirement plan
in effect for all Village em.ployees at the same levels applicable to general administrative employees.
SECTION 14. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
The Village Council shall fix such other terms and conditions of employment as it may
determi.ne from time to time relating to the performance of Employee, provided. such terms and
conditions are not inconsistent with or in conflict with t3ie provisions of this agreement, the Cha.rter
or any other law.
All provisions of the Village Charter and Code and regulations and rules of the Village
relating to sick leave, retirement an.d pension system contributions, holidays, and other fringe
benefits and working conditions as they now exist or herea.fter may be amended shall also apply to
Employee as they would to other employees of the Village in addition to said benefits enumerated
specifically for the benefit of Employee except as herein provided.
Village shall bear the fu11 cost of any fidelity or other bonds required of the Employee under
any or�inanc�.
If any provision or any portion thereof contained in this agreement is held to be
unconstitutional, invalid or unenforceable, the remai.nder of this agreement or portion thereof sha11
be deemed severable and shall not be affected and shall remain in full force and effect.
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Il�T VVITNESS WI�REOF, the Village of Tequesta has caused this agreement to be signed
and executed on its behalf by a maj ority of its Village Council and duly attested by its Village Clerk,
and the Employee has signed and executed. this agreement, both in duplicate, the day and year first
above written.
VILLAGE COUNCIL EMPLOYEE
Michael R Conzzo, Jr.
Mayor
A1°rEST:
Village Clerk .
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