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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_05/14/2015 Submit by Email Print Form �, � VILLAGE CLERK'S OFFICE � AGENDA ITEM ROUTING SHEET .�` Meeting Date: Meeting Type: Regular Ordinance #: N/A May 14, 2015 Consent Agenda: Yes Resolution #: N/A Originating Department: Manager �' • • • • - C - • • -�• Council consideration and approval of the employment agreement extension between James Weinand and the Village of Tequesta and the Village Manager to execute the agreement effective 6/1/2015. � . . - . Account #: Multiple Payroll Accounts Amount of this item: N/A Budgeted amount available: N � A Amount remaining after item: N/A Budget transfer required: Yes Appropriate Fund Balance: No • •- .• . .- . . . ..- .. This agreement is for one year effective June 1, 2015 as the Village's Fire Chief and includes a 3% salary increase along with all regular full-time employee benefits, with the exception of pension, group health and dental. • Department Head Legal (for legal sufficiency) Finance Director or Representative Reviewed for Financial Sufficiency ❑ ` � ��'� /��i" No Financial Impact � ' � � Village Manager: ' Submit for Council Discussion: � �" `� i� � 1 ;.,� � �,_z �. � J1� (� ❑ J ��� ` � Approve Item: �' �� � Deny Item: � • • - . . .. -- . -• �- . .- •- • •• - . . -• _ . . . . - - • - Form Amended: 10/30/14 EMPLOYMENT AGREEMENT BETWEEN JAMES NL WEINAND AND THE VII.LAGE OF TEQUESTA, FLORIDA This Employment Agreement is made and entered into this day of May, 2015, by and between the Village of Tequesta, Florida, a municipal corporation, hereinafter called the "Village", and James M. Weinand, an individual, both of who� as follows: ;;;;�;,. .:;:>, .�� WHEREAS, the Village desires to employ the serv� �f James M. Weinand a.s Chief of the Fire-Rescue Department of the Village of Tequestax�`��%-:;�_ , / . WHEREAS, it is the desire of the Vill, / uncil, thra� the Village Manager, to provide James M. Weinand with certain benef � conditions of e��oyment; and /�%%,,., WHEREAS, James M. Weinand desires ��� ntinue ployment �;,�hief of the Fire- Rescue Department of the Village o, Tequesta p��� / erms and cor��ions set forth in this Employment Agreement (the " , �� ; ,� ent"). � %l,, ��//////ii /�'� , r � ii NOW THEREFORE in cons� ., �tit��/ / the mu /��venants herein contained, the � , ,� ���y,, , parties hereto agree as follows: �/,,,; %;';�/ /j/, -�j��%% �%/„ %jj/�i ���% SECTIO 1. D ; /%�% ,//,i ;;i, �;';,��/�i, N �,�,;;; %' �%j ,� ;,, �/�i� '�/D/j0 `%%i % �°�'%/ % %Oa;, �i � ;' ; A. The Village here���j,�� ees '' mploy Ja� Weinand as the Chief of the Fire-Rescue ia ,,, Dep // ��for the ���/ . ;��� in'��ordance with the Code of Ordinances of the % �' %%�� �%j/- S � ����%,,; �% �,,. % , �////� % B. . s M. Wein��l pe ,., a11 the functions and duties of Fire Chief (including, but no�� .'ted to the��� tion ���' ies of Fire Mazsha11 and Emer enc Mana ement o/ - �ii,; ,;'�,,,,,,,,. g Y g Direc� ,,, and shall �"' ,' orm s� other legally permissible and proper duties and functi e Village�� ger shall from time to time assign, provided such duties and �'�"//r•;,. / i functions ;, t incons t with or in conflict with the provisions of this Agreement or ��/i� � the Village C�",,���/ of Ordinances. C. James M. Weinan '� all, during all times that this Agreement is in effect, hold and maintain current the proper and necessary sta.te cert�cations for Fire Chief and for Fire Marshall in accorda.nce with Ch. 633, Florida Statutes. SECTION 2. TERM A. The term of this Agreement shall be from June 1, 2015 until June 30, 2016. The parties may re-negotiate the conditions of this Agreement, including the term, prior to the expiration of the Agreement. 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 p�ormed on James M. Weinand's time off. However, in no event shall James M. Wei�'s outside employment interfere with or otherwise hinder the performance of h�<=�ies as Chief of the Fire-Rescue Department or reflect poorly upon the name or ���t�.� of the Village. SECTION 3. TERIVIINATION ,,��/ � i" / ���� , A. In the event James M. Weinand is ated by the Village �nager or resigns in o�;i , . accordance with Section 2(B) before exp ,,� n of th, �oresaid ter��� employment, the Village agrees to pay Jame M. Weinan" �°` � ed leaves �� ��accordance with Village of Tequesta Perso '��, �ies. ��% ' ° jj �/ �, ,; ;�,,�, . '�%%;, B. In the event, however, that Ja�' '����nd is te ted for reasons relatin to moral ����� ,,:;: ��/, g turpitude, malfeasance or derelict� of c�u��� in ����ent, the Village shall have no � i%;-, . i��� '�%��/i�,,.. 'i'-, obligation to p ,-., Wein� for au: .�� I��ed le���. Payment for any accrued ,; ,����� �/ry � �, .;� �� ;; ,���� , � i,:- � , //,, leaves shall ,��as li' ed dam". ';- -' � al���� the lace and stead of, and as ��" �� '� ��, �' ��!Weinand may have against the the sole and �-"; ; ive re ; for, a� , James Village, its ofF�� reprj�� ta.tives, d� �; ly or indirectly relating to his termination. �.,, � � ! ���io%'%i;/,"/'jio,,,.. �/%% SECTI j , Y � , %// �o/ ,,�j ~•:� j; i�;::,... „ '� /j��/'�, �j�%i�; �..:;,,,,� ' �; � °��% A. �, M. Weu���� rate �� ,. mpensation shall be $59.8199 per hour for an a.nnual s �f $99,540.4�i',%� d sh�' paid in equal installments at the same time other empl ';�// of the Villa ;;� e pai %%/i �����% � . �%//.,'i,. % B. Annual sal Sectio , ;A is based upon a 32-hour workweek. Both parties agree that there may be��'� s extra hours are required to perform the duties outlined in Section 1.B of j. , ement, and further agree that subject to the Village Manager's approval, any extra''� urs worked in excess of 32 hours per week, will be ta.ken off at a later da.te and time. C. The Village agrees to match, up to a maximum amount of five percent (5%) of the annual salary provided for in Pazagraph 4A, contributions made by James M. Weinand into his ICMA Section 457 deferred 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 lea,ve accruals in the same manner as provided to other full-time employees of the Village in accordance with Village of Tequesta Personnel Policies. SECTION 6. AUTOMOBILE A. James M. Weinand's duties require the exclusiv� ;;<� of a specialized fire vehicle equipped with two-way radios, emergency li�,� siren and personal protective equipment. As such, the Village will provide a�;��,;;�roperly equipped vehicle that is to be used by James M. Weinand only, foE, �d for on call purposes. The ; �i%i Village shall be responsible for the pur .(or lease) (� �aid vehicle, a.s well as for liability, property damage, and co •' '�� ive vehicle iri��ce, and for all costs associated with the operation, mai.nten �- repair and/or replace��t of said vehicle. .,, ;,� � /, i�, ; �i�/i j/ B. The vehicle may not be utili��d for person��!�"�� the areas Ja.r� M. Weinand is �;/�i , i%r%' r � obligated to respond in the f a fire-rescu'��.,-; ,""r while on Village business. ,i/ r/ �„�� j �/� ��%%,;,,. �'�j% %i.: �: ,;,,,,�, �% SECTION 7. PROFESSIONAL DE'��.C��' -���TT i�!�;;. �� - ��i�% ��� / ' ; /��j/ /�%// � / �,� ��%i%,, ,///i :��ii � '�, ���/,� �/% The Village agz " vide Jam��;�VI• W' �, e us���unding applica.ble for travel � , �i � :�% , ,%/%%/ �/ %i� . and subsistence nec �- ' for ���� M. We i��d,, ,: fes ��,��, evelo pment that is also deemed ,/';, ,;�� �:,,;::;,:;. � i�%� to be a benefit to � Villa e'', the ViI ;; "--;;�Vlana er, " cludi.n but not limited to the I nternation a l Fire C h i e ,�.�"''�%- u a 1 �� n ference, ��' g g �j State Fire Mars h al an d C h ie fl s co n ferences, '%/ii, %'��ii ., �� o t her natio���� 'onal, s���� �. ,%, ,,vernni ,; ' or civic g rou ps and committees in which ,/ ii%��,,. �i // i ,,. James � esen� �lla , oth ��' hort courses, institutes, and seminars. All / / /%. . ., ,/ /, i/��;, ° - '!/,��%:, , a ac tivi ;�;� scri b e d '-° `� sec t�.� h a l l be ��`;�'e d in a dvance by t he V i llage Manager an d conduc�� ursuant to ����� � lica. avel policies of the Village, if any. Absent any Village /�� '� ;, travel pol „ lative to s/; ch °'� subsistence shall be reasonable as determined by the V illage ��� er. ' �;. �"'%j 'i/i ,, �%% i% /%i,,,. , % SECTION S. INS�����NCE �% '% j/ % �ji A. James M. Weiri'� ��/�his own comprehensive health, hospitalization, dental, vision " � /i� insurance, and agr opt out of the Villages insurance plan and instead receive a$300.00 monthly insurance allowance. B. The Village shall 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 that certain expenses of a non-personal but job related nature aze incurred by James M. Weinand, and agrees to reimburse or to pay said general expenses 3 in accordance with adopted policies and procedures of the Village that pertain to reimbursement for job related expenses by Village department heads. B. The Village sha11 provide James M. Weinand with the necessary two-way radio communications (fixed and porta.ble), 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 shall provide James M. Weinand a$1��4 per month stipend to pay for cellular telephone expenses. James M. Weinand � not be entitled to reimbursement for any cellular telephone expenses in excess of t� �"��.00 stipend. SECTION 10. 01'HER TERMS AND CON j// �� S � ,,,/� : , A. Except as specifically provided herein es M. Weinand sha11 be �onsidered a full-time employee, working a reduced work w��d subj - to all pro��ns of the Village � /�, / i,. Charter and Code, as well as. regulations at�'��y'�� e Village re��g to the use of leaves, holidays, and other ��� benefits an �' "" g conditions as t�ey now exist or �,, � hereafter may be amended. ��% ��!" ";, �ij� ; j- �%%i; ,,: ��/// %%;. ,%�% , �%� /%. ;;;�;;;;,,. /; B. If an rovision or an ortioi�;�hereo�-" ined `�';' s Agreement is held to be Y P ,, Y P ,�.�-�. ���/i� . i/ �'��'�' " � `� '�"�'�}�.nde � this agreement or portion unconstitution � , ,,,,� or unenf � able, ; ;� '; , ,, thereof sha11, �� ���, �i��% ,`:,,.>.. / e��'�,,,��� j rable a�'�%�., /� b� ��i�ed and shall remain in full force i �� i , . ���i ,�%, and effect. '�%/,,, ;% �;����;i ;�, ,� ,��, ` j� ::.,,;.. �::,,,>,;; % ;,; /�„ i;;,,.. '�i%. C. This ent �" " `"' ����re un�;��anding between the parties regarding issues /�//����%i. �'r�; '4, i /i/i,i ;� � r '' M. ��� � d's ��me '��vith the Village, and supersedes any prior /'%/ � ..;` ' :ii, � � �,.;; ;, ment or - tanc�- ,,,whether �� or written, which may have existed between `� '� arties. This �� ° men���'--, not be ainended except in writing and with the express "'���,. �,.;��,, ��� . ap of both par�;; ��;:,:- . ;�/ ;; i ///�;, /%, �.,�//' D. In the ev" ' should b���� e necess for either to initiate adversarial roceedin s / � � ,� �'Y P�Y P g reasonable att� � s f�' �mcurred in su h �Venue any su h o s ''/i�<,���i//. be in a court of ;/ t �urisdiction in Pa1m Beach County. , E. James M. Weinand 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 Agreement. As such, no provision of this Agreement shall be construed in favor of or against either party by virtue of draftsmanship. [TI� REMAIlVDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 4 IN VVITN�SS WHEREOF, the Village of Tequesta has caused this Employment Agreement to be signed and executed on its behalf by the Village Mana.ger and duly attested by its Village Clerk, and James M. Weinand has signed and executed this Employment Agreement, both in duplicate, the day and year first above written. Village of Tequesta B By: :�:; Michael R. Couzzo, Jr. '��`� M. Weinand :;:;�;�s Village Manager � � ATfEST: '' �°`%%;; j `"%;�i;;.:. // � � %� ,,;j,?'': j % %ai„ By: �� / "�..s'::<„_ Lori McWilliams, MMC � �� McWilliams, �C %% �/% Village Clerk � j// / /// illage Clerk j ���//// �%/� ��///%, ��j/ %%j�� �i/ % , �/j . j/ , /� . %% //�% �����%� %% j ���0 % ��; / �//// / � / / / % %i� %//// � % % .r �i, : ,��/ �,, ii% , % j, %/O%; %,/ / %%%O/�/////j � ��iii i %/ %%,. j %% � . / / / � !j ��%i/`� '�///' ��/// i/� % %% , /� ���/////% , ��jj !�i ,, ���j / , �% ��i, ,; j ! j `�///j/ �O//,. �%i %%///////� ' j:, �%/�, i i i/ j j , �;% ��i; � --,. 5 ADDENDUM Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor sha11 retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, a11 such records in the possession of the Contractor and destroy any duplicaxes thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems.