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Home My WebLink AboutDocumentation_Regular_Tab 12_06/12/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSAAITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 6/12/14 Consent Agenda: No Resolution #: Originating Deparbment: Manager � � � • • � C • � • 1. Approval of Employment Agreement Exten�ion between James Weinand and the Village of Tequesta for Fire Chief Services Effectiv� 6/1/2014 : � . . •. , Account #: Amount of this item: $96,641.25 Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Requir�d: Choose an Appropriate Fund Balance: Choose an item. ifierr�. �' • � •' . �■..� � � Departrnent Head Finance Director or Representative Reviewed for Financial Suificiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: [� Approve Item: ❑ Deny Item: � ' ' ' • •' ' • • .• • - �- • • • - � • • Form Amended: 3/14/14 EMPLOYMENT AGREEMENT BETWEEN JAMES M. WEINAND AND THE VII..LAGE OF TEQUESTA, FLORIDA This Employment Agreement is made and entered into this day of June, 2014, by and between the Village of Tequesta, Florida, a municipal corporation, hereina.fter called the "Village", and James M. �Veinand, an individual, both of whom�understand as follows: WHEREAS, the Village desires to employ the seryit��s t�f James M. Weinand as Chief of the Fire-Rescue Deparhnent of the Village of Tequesta�,;a�d `-,;, WI�REAS, it is the desire of the Villag� Council, thraugl�, the Village Manager, to provide James M. Weina.nd with certain benefits attc� conditions of emp�ayment; and WHEREAS, James M. Weinand desires to continue employment `�_ ,Chief of the Fire- Rescue Department of the Village of Tequesta pursuant ta the terms and co�tions set forth in this Employment Agreement (the "Agreement"). NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto ageee as follows: SECTION 1. DUT�ES- -_ A. The Village hereY�� agrees to employ James M. Weina.nd as the Cluef of the Fire-Rescue Dep�e�,t for the �i�iage af Tequesta in accordance with the Code of Ordinances of the V��,g,� ��Tequesta, �lorida, Section 3432. B. ��s M. Weinand`��all per,form all the functions and duties of Fire Chief (including, but not�_;�imited to the �additional duties of Fire Marshall and Emergency Mana.gement Directtir},, and sha11 g�orm such' other legally permissible and proper duties and function� �#he Village M�.nager sha11 from time to time assign, provided such duties and functions aiaze:.�#ot incons%'st�nt with or in conflict with the provisions of tlus Agreement or the Village C��rt�r or Cs�d� of Ordi.nances. G James M. Weinand'`shall, during all ti.mes that this Agreement is in efFect, hold and maintain current the proper and necessary state certifications for Fire Chief and for Fire Marsha.11 in accordance with Ch. 633, FloYida Statutes. SECTION 2. TERM A. The term of this Agreement sha11 be for one yea.r, commencing June 1, 2014. The parties may re-negotiate the conditions of this Agreement, includi.ng the term, prior to the expiration of the one-year term. 1 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, 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 far 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.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 later date and time. C. The Village agrees to match, up to a maximum amount of five percent (5%) of the annual salary provided for in Paragraph 4A, contributions made by James M. Weinand into his ICMA Section 457 defened compensation plan. Payments into said deferred compensation plan shall be in accordance with Village of Tequesta Personnel Policies. 2 SECTION 5. LEAVE James M. Weinand shall be entitled to all vacation, sick, holiday and personal leave accruals in the same manner as provided to other fu11-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 us�'of a specialized fire vehicle equipped with two-wa.y radios, emergency h,g�k��; siren and personal protective equipment. As such,the Village will provide a fifi�llll si�e,properly equipped vehicle that is to b� used by James M. Weinand only, for co�uti.n� and for on call purposes. The Village sha11 be responsible for the purchase (or lease) a€said velucle, as well as for liability, property damage, and comprehensive vehicle insur�:nce, aad for a11 costs associated with the operation,mai.ntenance,repair and/or replacement of said vehicle. B. The vehicle may not be utilized for personal use out�ic�e the areas Ja�tes_M. Weinand is obligated to respond in the event af a fire-rescue c�11 or while on Village business. SECTION 7. PROFESSIONAL DEVELOPMENT T'he Village agrees�o:grovide James M. Weinand the usua��unding applica.ble for travel and subsistence necessary for James M. Weinand's prDfessi�nal development tha.t is also deemed to be a benefit to �e ,Village by, the Village 1Vlana.ger, i�cluding but not limited to the International Fire Chiefl� Annual'Gonference, the.State Fire Marshal and Chief's conferences, other national;r��ional, stat�, and,lc�caI:governmental or civic groups a.nd commaittees in which James M. '��i�a�td r�presents tk►e Village, and other short courses, institutes, and seminars. All acti�nt�es s�escribed in:i�1is secti�ta shall be a�proved in advance by the Village Manager and conduct�;�ursuant to the applicabl�`iravel policies of the Village, if any. Absent any Village travel poli�€€elative to sam�, such travel and subsistence shall be reasonable as determined by the Village N�a�iager. SECTION 8. INS��tANCE A. James M. Weinand �s"his own comprehensive health, hospitali�.tion, dental, vision insurance, and agrees�opt out of the Villages insurance plan and instead.receive a$300.00 monthly insurance allowance. B. The Village sha11 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 tha.t certain expenses of a non-personal but job related na.ture aze incurred by James M. Weinand, and agrees to reimburse or to pay said general exp�nses 3 in accorda.nce with adopted policies aaid procedures of the Village that pertain to reimbursement for job related expenses by Village department heads. 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 sha11 provide James M. Weinand a $104�0 per month stipend to pay for cellular telephone expenses. James M. Weinand s�1 not be entitled to reimbursement for any cellular telephone expenses in excess o�the$��U::00 stipend. SECTION 10. OTHER TERMS AND CONDI`�iONS A. Except as specifically provided herein,James M. Wei�and shall be�€iilsidered a full-time employee, working a reduced work week and subject to a11 provisia��of the Village Charter and Code, as well as regulations and ntles of the Village relafing to the use of leaves, holida.ys, and other fr�n$e benefits and working conditions as they now exist or hereafter may be amended. B. If any provision or any portion thereof contained in fihis Agreement is held to be unconstitutio�, invalid or unenforce�ble, the rema�nder of this agreement or portion thereof shall b�'deemed se��ra.ble and shall not be affeeted and shall remain in fiill force and effect. C. T�is��emen�,constiiu�es the entire understanding between the parties regarding issues ret�ting to Jaines 11�I. Weinand's employment with the Village, and supersedes any prior �r�ement or unders�ta�ding, whether verbal or written, which may ha.ve existed between th�p�ties. This Agteement may not be amended except in writing and with the express appro��f both pa.rties. -�� D. In the event�t�}aould beGo�e necessary for either party to initiate adversarial proceedings to enforce the��a of t��`Agreement,the prevailing pariy sha11 be entitled to recover its reasonable attorne��S��e's incurred in such efforts. Venue for any such proceeding shall be in a court of com�Eent jurisdiction in Pa1m Beach County. E. James M. Weinand acknowled.ges 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 consirued in favor of or against either party by virtue of draftsmansliip. 4 IN WITNESS WFIEREOF, 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 Employment Agreement, both in duplicate,the da.y and year first above written. Village of Tequesta By: By: Michael R. Couzzo,Jr. James 1V1. Weinand Village Mana.ger ATTEST: ATI'EST: By: B�: Lori Mc�Villiams,MMC Lori McWilliams,MMC Village Clerk i7illage Clerk 5