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HomeMy WebLinkAboutAgreement_General_09/22/2014 EMPLOYMENT AGREEMENT BETWEEN DONALD "RICK" RICCIARDI AND THE VILLAGE OF TEQUESTA, FLORIDA This Employment Agreement is made and entered into this a 2 day of September 2014, 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: WHEREAS, the Village desires to employ the services of Donald "Rick' Ricciardi, as Assistant Chief of Police for the Village of Tequesta, as provided by appropriate statute and ordinance sections; and WHEREAS, it is the desire of the Village to provide certain benefits and established conditions of employment for Donald "Rick" Ricciardi as set forth in this Employment Agreement; and WHEREAS, Donald "Rick" Ricciardi desires 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, THEREFORE, 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 specified there for in the Village Code of Ordinances and state statutes and to perform such other legally permissible and proper duties and functions as the Chief of Police shall from 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 2L , 2015. Nothing in this Employment Agreement shall prevent, limit 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 set forth in Section 3 of this Employment Agreement. Likewise, nothing in this Employment Agreement shall prevent, limit or otherwise interfere with the right of Donald " Rick" Ricciardi to resign 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 one 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 months prior to the expiration of this Employment Agreement. This notice provision may be waived or modified upon mutual consent of the Village and Donald "Rick" Ricciardi. 1 SECTION & TERBE"TION A. In the event of a dispute related to the termieation of Donald "Rich' Ric ciardi's employment with the Village, any accrued vacation, suck leave and other accrued benefits provided for or referenced in this Employment Age shall serve as liquidated damages and as the sole and exclusive remedy for any claim Donald `Mick" Ricciardi may have ag unot the Village, its officers or rc pr vas, directly or indhu tly relating to his terminaatim B. In the event Donald " Rick" Ricciardi voluntarily resigns his position with the Village before expiration of the term of this Employment Age, then Donald -MW Ricciardi shall give the Village three (3) months advance written notice. Failure to provide doe requisite three (3) momkhs prior written notice shall result in the forfeiture of payment for of all sick leave accrued by Donald "Rich' Ricciardi and there shall be no payment whatsoever due for such accrued sick leave. SECTION 4. SALARY Donald "RiW Ricciardi's annual salary is $91,300.00, to be paid in equal inst&ments at die same time other employees of the Village are paid. Donald MW Ricciardi's annual salary shall be eligible for an incmase each anniversary year upon receipt of a successful. annual per fir rnnan= review by the Chief of Police. This inmease will be determines by the Village but in no event will be less than any applicable anmal increase agreed upon by the Village ad the PBA in order to maintain the appropriate salary separation between n die pion of Assistant Chief of Police and the next lowest rack. Nothing in this section shall be ommied to require a salary incivasa in any year where other village employees do not receive a pay . SECTION S. VACATION A. Donald "Rich' Ricciardi shall accumulate ffftecii (15) days of vacetiom annually. Any leave taken by Donald Mcr Ricciardi in excess of eighty (80) consecutive horns shall require Prior approval of the Chief of Police. Unused vacation days shall acmue m accordance With village personnel policies. SECTION G. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. Except as specifically provided herein, Donald "Rick" Ricciardi shall be subject to all 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 frme benefits and working conditions as they now exist or hereafter may be amended. B. N any provision or any portion thereof contained in this Employment Agreement is held to be mm Wudonal, invalid or unenforceable, the remainder of this agmement or portion thomf shall be deemed severable and shall not be affected and shall remain in full force and effect. SECTION 7. CONFLICTS OF INTEREST bald ` R1W Ricciardi shall rot, without die express prior writes approval of the Chief 2 of Police, individually, or as a partner, joint venture, officer, shareholder or any other similar position of any kind or nature whatsoever, invest or participate in any business venture which conducts or intends to conduct business within the corporate limits of the Village, except for stock 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 within the corporate limits of the Village, without prior notification to and advance written approval by the Village Manager, which approval may be withheld by the Village Manager in his sole discretion. Donald " 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 8. MISCELLANEOUS PROVISIONS 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 may have existed between the parties. This Employment Agreement may not be amended except in writing and with the express 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 shall be in a court of competent jurisdiction in Palm Beach County. C. Donald "Rick" Ricciardi 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 Second Employment Agreement. As such, no provision of this Employment Agreement shall be construed in favor 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 " By: By: l 2- Michael R. Couzzo, Jr. d "Rick" Ricciardi ATTEST: ATTEST: vl �� Cc, 3r By: , i p.�E U� U FS Tq ,,) L McWilliams, MMC Lori McWilliams, MMt J • � �G 0 RAO PT E Village Clerk Village Clerk = : / s '� `n j U C3 �� ,9�� ay n , ,....,. %,, STATE