HomeMy WebLinkAboutDocumentation_Regular_Tab 11A_09/11/2014 VILLAGE CLERK'S OFFICE
AGENDA� ITEM TRANSMITTAL FORIVI
Meeting Date: �i�eting Type: Regular Ordina;�ce #:
09/11 /2014
Consent Agen�da�: Yes Resolution �k:
(7ri�i�ating Deparfim�nt: Polic�
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Empioyment agreement between Donaid "Rick" Ricciardi and the Village of Tequesta, FL
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Account #: Various Amount of this item:
Amount of this item: A roximatel $99,086.00
Current Budgeted Amount Available: Amount Remaining after item:
N/A N/A
�udget Transfer 6�equired: No Appropriate Fund Balance: N�
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Request approval to execute an employment agreement between Donald "Rick" Ricciardi and the
Village of Tequesta, FL for the position of Assistant Chief of Police to be effective 09/2014 through
0�/20'15 at a sgarting salary of $91,3()0.00.
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Department Head � - ,,,,;
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Finance Director or Represen�ative �' �
Reviewed for Financial Sufficiency �] ��% �' -�
No Financial Impact ❑
�ttorney: (for legal sufficiency) See attachec�
�Jillage Manager: - - - -
.l"i"' -;- ,, . _ _
Submit for Council Discussion: [�r -�
Approve Item: �
Deny Item: �
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Form Amended: 3/14114
EMP'LOYMENT AGREEMENT BETWEEN
DONALD "RICK" RICCIARDI
AND
1'HE VILLAGE OF TEQUESTA, FLORIDA
This Employment Agreement is made and entered into this day of September 2Q14,
at by and between the Village of Tequesta, Florida, a municipal corporation, hereinafter called
the "Village", and Donald "Rick" Ricciardi, an individual, both of whom understand as follows:
WHERE.AS, the Village desires to employ the services of Danald °`Rick' Ricciardi, as
Assistant Chief of Police for the Village of Tequesta, as provided by appropriate statute and
ardinance sections; and
WHEREAS, it is the desire of the Village to provide certain benefits and established
conditions of employment for ponald "Rick" Ricciazdi as set forth in this Employment
Agreement; and
WF�REAS, Donald "Rick" Ricciardi desixes to accept employment as the Assistant
Chief of Police for the Village of Tequesta pursuant to the terms and conditions set forth in this
Employment Agreement.
NOW, 1'HEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
SECTION 1. DUTIES, CERTIFICATIONS
A. The Village hereby agrees to employ Donald "Rick" Ricciardi as Assistant Chief
of Police for the Village of Tequesta to perform the functions and duties speci.f'ied there for in the
Village Cade of Ordinances and state statutes and to perform such other legally permissible and
proper duties and functions as fihe Chief of Police shall firom time to time assign.
SECTION 2. TERM / RENEWAL
A. This Employment Agreement shall be effective as of September , 2014 and
shall remain in effect until September , 2015. Nathing in this Employment Agreement shall
prevent, lirnit or otherwise interfere with the right of the Chief of Police to recommend to the
Village Manager to terminate the services of Donald "Rick" Ricciardi, without cause, at any
time, subject only to the provisions sex forth in Section 3 of this Employment Agreement. �
Likewise, nothing in this Employm�nt Agreement sha11 prevent, limit or otherwise interfere with
the right of Donald "Rick" Ricciardi to resxgn at any time from his position with the Village,
subject to the provisions set forth in Section 3 of this Employment Agreement.
B. This Employment Agreement may be renewed for successive ane year terms upon
mutual agreement of the parties. In the event that Donald "Rick" Ricciardi does not desire to
renew this Employment Agreement for a successive term, then the party that does not desire to
renew shall send written notice to the other party a minimum of three montb.s prior to the
expira.tian of this Employment Agreement. This notice pmvision may be waived or modified
upon mutual consent of the Village and Donald "Rick" Ricciardi.
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SECTION 3. TERMINATION
A. In the event of a dispute related to the termination af Donald "Rick" Ricciardi's
employment with the Village, any accru�i vacation, sick leave and other acerued benefits
provided for or referenced in this Employment Agreement shall serve as iiquidated damages and
as the sole and exclusive remedy for any claim Donald "Rick" Ricciazdi may have against the
Village, its officers or representatives, directly or indirectly relating to his termination.
B. In the event Donald "Rick" Ricciardi voluntazily resigns his position with the
Village before expiration of the term of this Employment Agreement, then Donald "Rick"
Ricciardi shall give the Village three (3) months advance written notice. Failure to provide the
requisite three (3) months prior written notice shall result in the forfeiture of payment for of all
sick leave accrued by Donald "Rick" Ricciardi and there shall be no payment whatsoever due for
such accrued sick leave.
SECTI4N 4. SAI.ARY
Donald "Rick" Ricciazdi's annual salary is $91,3Q0.00, to he paid in equal installments at
the same fiime other employees of the Village are paid. Donald "Rick" Ricciaz�di's annual salary
sha11 be eligible for an increase each anniversary year upon receipt of a successful annual
performance review by the Chief of Poiice. This increase will be determined by the Village but
in no event will be less than any applicable annual increase agreed upon by the Village and the
PBA in order to maintain the appropriate salary separation between the position of Assistant
Chief of Polxce and the next lowest rank. Nothing in this section shall be construed to require a
salary increase in any year where other Village employees do not receive a pay increase.
SECTI4N 5. VACATION
A. Donald "Rick" Ricciardi shall accumulate fifteen (15) days of va.cation annually.
Any leave taken by Donald "Rick" Ricciardi in excess of eighty (80) consecutive hours shall
require prior approval of the Chief of Police. Unused vacation days shall accrue in accordance
with Village personnel policies.
SECTION 6. 01'I�R TERMS AND CONDITIONS OF EMPLOYMENT
A. Except as specif'ically provided herein, Donald "Rick" Ricciardi shall be subject
to a11 provisions of the Village Charter and Code, as well as regulations and rules of the Village
relating to sick leave, holidays, life insurance and other fringe benefits and working conditions as
they now exist or hereafter may be amended.
B. If any provisian or any portion thereof contained in this Employment Agreement
is held to be unconstitutional, invaiid ar unenforceable, the remainder of this agreement or
portion thereof sha11 be deemed severable and shall not be affected and shall remain in full force
and effect.
SECTION 7. CONFI.ICTS OF INTEREST
Donald "Rick" Ricciaxdi shall not, without the express prior written approval of the Chief
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of Police, individually, or as a pamier, joint venture, officer, shazeholder or any ather similar
position of any kind or nature whatsoever, invest or participate in any business venture which
conducts ar intends to conduct business within the corparate limits of the Village, except for
stack ownership in any company, the capital stock of which is publicly held and regularly traded.
Except for purchase of a personal residence, Donald "Rick" Ricciardi shall not own or invest in
any real property witYiin the corporate limits of the Village, without prior notification to and
advance written approval by the Village Manager, which approval may be withheid by the
Village Manager in his sole discretion. Donaid "Rick°' Ricciardi is precluded from engaging in
any conduct which creates an actual or perceived conflict of Interest under applicable federal,
state or local law.
SECTION $. MISCELLANEOUS PROVISICINS
A. This Employment Agreement constitutes the entire understanding between the
parties regarding issues relating to Donald "Rick" Ricciardi's employment with the Village, and
supersedes any prior agreement or understanding, whether verbal or written, which rnay have
existed between the parties. This Employment Agreement may not be amended except in writing
and with the expxess approval of both parties.
B. In the event it should become necessary for either party to initiate adversarial
proceedings to enforce the terms of this Employment Agreement, the prevailing party shall be
entitled to recover its reasonable attorney's fees incurred in such efforts. Venue for any such
proceeding shatl be in a court of competent jurisdiction in Palrn Beach County.
C. Donald "Rick" Ricciardi acknowledges that he has been afforded the apportunity
and encouraged to obtain the representation of legal counsel in connection with the drafting and
execution of this Second Employment Agreement. As such, no provision of this Employmerit
Agreement shall be construed in favar of or against either party by virtue of draftsmanship.
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 Donald "Rick" Ricciardi and has signed and executed this Employment
Agreement, both in duplicate, the day and year first above written.
Village of Tequesta Donald "Rick" Ricciardi
sy: s
Michael R. Couzzo, 3r. Donald "Rick" Ricciardi
ATTEST: AT'TFST:
By: By:
Lori McWilliams, MMC Lori McWilliams, MMC
Village Clerk Village Clerk
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Reid, Mertene
From: Lucille Tumer [LETurner�carson-adkinslaw.com]
Sent: Tuesday, September 08, 20141120 AM
To: Reid, Meriene
SubJect: Ricciardi Contract
Merlene--
We have reviewed the proposed empioyment agreement between the Village of Tequesta and Donald "Ricic" Ricciardi.
It is IegaNy sufficient. •
Please contact us if we can be of further assistance.
Lucille E . Tttl'?i6I' LETurner�carson-adkinsiaw.com
Carson & Adkins 850-8941009
2930 Weltington �rcle, Suite 201 850-894-1677 fax
Tallahassee, �L 32309 850322-7063 cell
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