HomeMy WebLinkAboutDocumentation_Regular_Tab 04A_11/14/2002 VIIILAGE MANAFER CONTRACT REVIEW FOR 2002/2003 � '�,
Ct�NDUCTED BY COUNCII, MEMBER EDWARD D. RESNII� ' ��
I During the October 2002 Village Council Meeting, the Village Manager's annual performance was discussed �
t accom lishments and exem erforma.nce had been
ear his si ' can
and the consensus was tha.t durin the ast p plary p
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exceptiona.L
II I was requested to review, with the Village Manager, his employment agreement and his prospective compensation for '�
FY 2002/2003 and present the agreed to results of this review to the entire Villa.ge Council for their consideration and
approval at the November Village Council Meeting.
III On 24 October I met with the Village Manager and La.bor Attorney Chris Kurtz to review the existing employment
agreement and recommend any cha.nges tha.t would provide for administrative continuity and consistency and be mutually
acceptable, fair and worthy of the pe�formance of the Village Manager. At our request, Attorney Kurtz has included
administrative changes to persona.lize this agreement for Michael R Couzo Jr. and make it effe�ti�e far 5 years, automatica.11y
renewable. He has also reviewed the mutually agreed to chan�es proposed below for Sections 3 and 4 a.nd PRC and found them
to be legally sufficient and accepta.ble . Villa.ge Attorney Randolph ha.s also reviewed the proposed changes and he has included
two additional mutually accepta.ble administrative changes (copy attached) and approved the contra.ct as to legal form and
suficiency.
N It is therefore mutually agreed and proposed by the undersigned and the Village Manager, that the a min;ctratiye changes
prepazed by Attorney Kurtz.and Attorney Randolph as well as the following changes to Section 3 and Section 4 of the
employment agreement be approved:
1) Section 3: Termination and Sever�nce Pay: It was detemiined and agrced that after two years of
exceptional performance by Mr Couzzo the provision for severance pay be modified to include, in addition to 6 months
aggregate salary, 1 months salary for each additiona.l year he has been employed since his initial employment.
2) Section 4: Salary: It was determined and agreeri that to keep continuity in wage management, provide an example
for his staff and local labor unions and contrbute to sustainment of workForce productivity, this section of the agreement 'i
should be revised to cover a five year period of guarantced annua.l meri�t pay increases cansistent with that awarded for sustained '
sa.tisfactory performance. Accordingly the agreeme�t provides for a 3% merit increase in y�r one (this budget year) and a
4% merit increase in each of the succeeding 4 yeaxs of this agr�ment.
This merit increase is in addition to the across the board cost of living increase given to all Village employees
This se�tion also calls far a.n annua.l review of the Village Manager's performance prior to October 1, of each fiscal
year to decide if additiona.l Performance Recognition Compensation (PRC)is appropriate.
In 2001 the Village Council awarded Mr. Couzzo a 7% merit increase equating to $6,057 for the year and a one
timePRC payment of $7,000 (approxima.tely 8% of ba.se sa.lary) which amounted to an incre�a.se in total compensation of
$13,057 (15% of base salary) for the year. ,
Mr Couzzo's performance for this year's evalua.tion surpassed that of the prior year and he should be compensated no less
than last year The 3% merit increase approved for this year equates to an annua.l increase in compensation of $2,778.
Therefore� to provide Mr Couzzo a total inerease in compensation compara.ble to tha.t which he received last year, and
appropriate far his exceptional perfarmance this year, it was agre�d tha.t a PRC er�ual to 12% of base sa.lary, equa.ting to a
one time payment of $11,100, should be approv�i.
I therefore recommend, with Mr. Couzzo's agre�ment, and Attorney"s statement of legal sufficiency, that in addition
to a 3% merit increase of $2778 for the year, a one time PRC payment of $11,100 be approved by the Village Council far
a total annual increa.se in Mr Couzzds compensa.tion for 2002/2003 of $13,878
Respectfully Submitted
`��.�E� � ��
ward D. �'Resn�lc
J�i`�,�
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At�orneys �n� Coa��as�[�rs ����&�r�<3r�ti �s�,�; s,sa3-�o�i���
John C. Randolph, Esquire
Direct Dial: 561-650-0458
Direct Fax: 561-650-0465
E-Mail: jrandolph a�jones-foster.com
October 28, 2002 VIA FAX: 748-6541
Col. Edward D. Resnik
342 Country Club Drive
Tequesta, Florida 33469
Re: �ilage of Tequesta
�Ilage Manager Contract
Our File No. 13153.1
Dear Col. Resnik:
! have reviewed your memorandum relating to the proposed changes to the contract of
the �Ilage Manager. t have also reviewed the modifications in the contract made
pursuant to your memo. I hereby approve those changes as to legal form and
sufficiency.
I have previously discussed with you by telephone the typographical errors in the
agreement. More substantively, I suggest the following amendments, which
amendments were discussed with Mike Couzzo and with Chris Kurtz, each of whom
agree to the changes.
I propose that the second paragraph in Section 3 on page 2 read as follows: �
In the event, ho�ever, that Michael R. Couzzo, Jr. is terminated for
reasons relating to moral turpitude, malfeasance or dereliction of daty, -
then, in that event, the �Ilage 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 remedv for any claim Michael R. Couzzo, Jr.
may have against the �Ilage, its officers or representatives, directly or
indirectly relating to his termination.
zvmu�.jories fnster.corii
Col. Edward D. Resnik
October 28, 2002
Page 2
The other substantive change is at Section 9 relating to indemnification on pages 4 and
5, of the agreement. As we have discussed, i propose eliminating Section 9 in its
entirety since Mike is indemnifed pursuant to the provisions of Section 768.28(9)(a), a
copy of which I have attached hereto.
Other than as set forth above, 1 approve of the contract as to legal form and sufficiency.
Sincerely,
JONE�, TER, JOHN5TON & STUBBS, P.A.
.;�
r
,
�� �
John C. Randolph
.fCR:ssm
Enclosure
cc: Michael R. Couzzo, Jr., Village Manager
Christopher Kurtz, Esquire
I
. �r�
�p,S.2001 NEGLIGENCE Ch.7fi8 i
s
�(8) No attomey may charge, demand, receive, or (b) 'fhis subsection shatl not be construed as des-
collect, for services rendered, fees in excess of 25 per- ignating persons providing contracted heatth care se,r-
" cent of any judgment or settlement vices to inmates as employees or agerrts of the state for
�: (9){a) No officer, employee, or agent of the state or the purposes of chapter 440. �
of any of its subdivisions shalt be held personally liable (c) For purposes of this section, regional poison
in tort ar named as a party defendanf in any action for controt centers created in acxordance with s. 395.1027 I
any injury or damage suffered as a result of any act, and coordinated and supervised under the Division of
event, ar omission of action in the s�ope af her or his Children's Medical Services Prevention and Interven- ��,
employment or function, unless such o�cer, employee, tion of the Department of Health, or any ofi their emp(oy- ��'
or agent acted in bad fa� or with maliaous purpose or ees or agents, shal( be considered agents of the State ��
in a manner exhibiting wanton and willful dsregard of of Florida, Department of Health. Any contrads with
human rights, safety, or property. However, such offi- poison control centers must provide, to the extent per- ,�
cer, employee, or agent shall be considered an mitted by law, for the indemniflcation of the state by the �:
adverse witness in a tort action for any injury or dam- agency for any liabilities incurred up to the limits set out ;!
age suffered as a result of any act, event, or omission in this chapter. i�
of action in the'scope o€ her or his employment or func- (11)(a) Providers or vendors, or any of their etnploy- ' k�
tion. The exclusive remedy for injury or damage suf- ees ar agents, that have contractua!(y agreed to act on I
fered as a result of an act, event, or omission of an offi- behalf of the state as agents of the Department of Juve- !:�
cer, emptoyee, or agent of the state or any of its subdi- nile Justice to provide services to children in need o# "
visions or constitutional of#icers shall be by action senrices, families in aeed of services, or juvenile ,
a ainst the ovemmental errti , or the head ofi such offenders are, solely �vith respect to such senrices, �'
9 9 tY
entity in her or his official capacity, or the constitutional agents of the state for purposes of this sectio� while
officer of which the officer, employee, or agent is an acting within the scope of and pursuant to guidelines
empioyee, uniess such ac# or omission was committed established in the contract or by rule. A contract must ; h �
in bad faith or with malicious purpose or in a manner provide for the indemn'�'ication of the state by the agent ���
exhibiting wanton and wil�ful disregard of human rights, for any liabilities incurred up to the limits set out in this ��
� safety, or property. The state or its subdvisions shall chapter.
not be liable in tort for the acts or omissions of an offi- (b) This subsection does not designate a person
cer, employee, or agent committed while acting outside who provides contracted services to juvenile offenders
the course and scop� of her or his employment or com- as an employee or agent of the state for purposes of ,-
mitted in bad faith or with malicious purpase or in a chapter 440. ,��
manner exhibiting wanton and willful disregard of (12) Laws atlowing the state or its agencies or subdi- ;
human rights, safety, or property. visions to buy insuranoe are stilt in force and effect and
(b) As used in this subsection, the term: are not restricted in any way by the terms of this act. ,
1. "Employee" includes any volunteer firefighter. (13) Every claim against the state or one of its agen- ;'
2. °Officer, employee, or agent" includes, but is not cies or subdivisions for damages for a negligent or �
limited to, any health care provider when providing ser- wrongful act or omission pursuant to this section shall
vices pursuant to s. 766.11'! 5, any member of the Flor- be forever barred un(ess the civil action is commenced
ida Health Services Corps, as defined in s. 381 A302, by fiting a complaint in the court of appropriate jurisdio- �.
who provides uncompensated care to medically indi- tion within 4 years after such claim accrues; except that _
gent persons referred bythe Department of Health, and an action for contribution must be commenced within �
a�y pubtic defender or her or his employee or agent, the Gmitations provided in s. 768.31(4), and an action �
inctuding, among others, an assistant pubGc defender for damages aris�ng from medical malpractice must be ,,
� and an investigator. commenced within the limitations for such an action in y
' (c) For purposes of the waiver of sovereign immu- s. 95.11(4). '
; nity only, a member of the Ftorida National Guard is not (14) No action may be brought against the state or
, acting within the scope of state employment when per- any o# its agencies or subdvisions by anyone who •
{.. fonning duty under the provisions of Title 70 orTitfe 32 unlawfully participates in a riot, unlawful assembly,
�';: of the United States Code or other applicable federal public demonstration, mob violence, or cnril disobedi-
� law; and neither the state nor any in�vidual may be ence if the claim arises out of such riot, unlawful
� r- named in any action under this chapter arising from the assembly, public demonstration, mob violence, or civil '
" ' rformance of such federal d disobedience. Nothing in this act shall abridge tradi-
��"�. P (10)(a) Health care provider or vendors, or any of tiona! immunities pertaining to statements made in
k`� tfieir employees or agents, that have contractually court.
�� agreed to act as agents of the Department of Correo- (15)(aj The state and 'sts agencies and subdvisions �
� tions to provide health care services to inmates of the are authorized to be setf-insured, to enter into risk man- ,;
� state correctional s stem sfiall be considered a ents of a ement r rams, or to urchase liabil' insurance
�; , y 9 9 P�9 P �Y �
��., the State of Florida, Department of Corrections, for the for whatever coverage they may choose, or to have any ,
�, purposes of this seciion, while acting within the scope combination thereof, in anticipation of any claim, judg- �
�-`� of and pursuant to guidelines established in said con- ment, and claims bil! which fhey may be fable to pay ,
� tract or by rule. The contracts shall provide for the pursuant to this section. Agencies or subdivisions, ar�d fi
' indemnification of the state by the agent for any liabi(i- sheriffs, tha# are subjecf to homogeneous risks may �'3
�� ties incurred up to the limits set out in fhis chapter. purchase insurance jointly or may join together as self- �• �
,
' 1093 ;�
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Uctober 29, 2�2
Yu� Facs�imile asul U.S Ma�7
Honorable Edward D. Resnik
Cauticilmember, Village of Tequesta
250 Tequ.esta. Drive, Suite 300
P.O. Box 3273
Tequ�sta, Florida 33469
Re: V�lr�e Manager Contrdct
Dear Colonel Resnik:
Pursuaut to our meeting of October 24, 2002, enclosed. please find the final proposed
contract between th� Villa,ge aaad Mr. Couzzo for consideration by the V'illage Council. I have
conferr� with Mr. John Randolph, V'�llage Attorney, and I approve the comract as to legal form
and sufficiency.
It was a pleasure meeting you. ff yo� ha.ve any que�stions, please do not h�e to call. !
V� 1x'U�y yOlti'S,
Christopher F. Kurtz
CFK/vm
719.001
Enclosure
cc: Mr. A�ichael R Couzzo, Jr., V'illa.�e Manager (w/enc.}
7ahn C. Randolph, Esq. (wlenc.)