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HomeMy WebLinkAboutAgreement_General_05/14/2015 (4) EMPLOYMENT AGREEMENT BETWEEN JAMES M. WEINAND AND THE VILLAGE OF TEQUESTA, FLORIDA This Employment Agreement is made and entered into this 14 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 whom understand as follows: WHEREAS, the Village desires to employ the services of James M. Weinand as Chief of the Fire - Rescue Department of the Village of Tequesta; and WHEREAS, it is the desire of the Village Council, through the Village Manager, to provide James M. Weinand with certain benefits and conditions of employment; and WHEREAS, James M. Weinand desires to continue employment as Chief of the Fire - Rescue Department of the Village of Tequesta pursuant to the terms and conditions set forth in this Employment Agreement (the "Agreement "). NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES A. The Village hereby agrees to employ James M. Weinand as the Chief of the Fire - Rescue Department for the Village of Tequesta in accordance with the Code of Ordinances of the Village of Tequesta, Florida, Section 34 -32. B. James M. Weinand shall perform all the functions and duties of Fire Chief (including, but not limited to the additional duties of Fire Marshall and Emergency Management Director), and shall perform such other legally permissible and proper duties and functions as the Village Manager shall from time to time assign, provided such duties and functions are not inconsistent with or in conflict with the provisions of this Agreement or the Village Charter or Code of Ordinances. C. James M. Weinand shall, during all times that this Agreement is in effect, hold and maintain current the proper and necessary state certifications for Fire Chief and for Fire Marshall in accordance 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. B. Nothing in this Agreement shall be construed to prevent, limit or otherwise interfere with 1 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 for 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 $59.8199 per hour for an annual salary of $99,540.49, 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 LB 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 deferred compensation plan. Payments into said deferred compensation plan shall be in accordance with Village of Tequesta Personnel Policies. SECTION 5. LEAVE 2 James M. Weinand shall be entitled to all vacation, sick, holiday and personal leave 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 exclusive use of a specialized fire vehicle equipped with two -way radios, emergency lighting, siren and personal protective equipment. As such, the Village will provide a full size, properly equipped vehicle that is to be used by James M. Weinand only, for commuting and for on call purposes. The Village shall be responsible for the purchase (or lease) of said vehicle, as well as for liability, property damage, and comprehensive vehicle insurance, and for all costs associated with the operation, maintenance, repair and/or replacement of said vehicle. B. The vehicle may not be utilized for personal use outside the areas James M. Weinand is obligated to respond in the event of a fire- rescue call or while on Village business. SECTION 7. PROFESSIONAL DEVELOPMENT The Village agrees to provide James M. Weinand the usual funding applicable for travel and subsistence necessary for James M. Weinand's professional development that is also deemed to be a benefit to the Village by the Village Manager, including but not limited to the International Fire Chief s Annual Conference, the State Fire Marshal and Chief's conferences, other national, regional, state, and local governmental or civic groups and committees in which James M. Weinand represents the Village, and other short courses, institutes, and seminars. All activities described in this section shall be approved in advance by the Village Manager and conducted pursuant to the applicable travel policies of the Village, if any. Absent any Village travel policy relative to same, such travel and subsistence shall be reasonable as determined by the Village Manager. SECTION 8. INSURANCE A. James M. Weinand has his own comprehensive health, hospitalization, dental, vision insurance, and agrees 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 are incurred by James M. Weinand, and agrees to reimburse or to pay said general expenses in accordance with adopted policies and procedures of the Village that pertain to reimbursement for job related expenses by Village department heads. 3 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 shall provide James M. Weinand a $100.00 per month stipend to pay for cellular telephone expenses. James M. Weinand shall not be entitled to reimbursement for any cellular telephone expenses in excess of the $100.00 stipend. SECTION 10. OTHER TERMS AND CONDITIONS A. Except as specifically provided herein, James M. Weinand shall be considered a full-time employee, working a reduced work week and subject to all provisions of the Village Charter and Code, as well as regulations and rules of the Village relating to the use of leaves, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended. B. If any provision or any portion thereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. C. This Agreement constitutes the entire understanding between the parties regarding issues relating to James M. Weinand's employment with the Village, and supersedes any prior agreement or understanding, whether verbal or written, which may have existed between the parties. This Agreement may not be amended except in writing and with the express approval of both parties. D. In the event it should become necessary for either party to initiate adversarial proceedings to enforce the terms of this 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. 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 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 James M. Weinand has signed and executed this Employment Agreement, both in duplicate, the day and year first above written. 4 Village of Tequesta By: By: Michael R. Couzzo, Jr. ji M - Weinand Village Manager ATTEST: ATTEST: By: By: Lori McWilliar C) Lori McWilliams, 0iq 'j Village Clerk Village Clerk CPS SEAL Q g - i ORP INCORPORATED RA 76,0 ' ....... F Now I[-I%% 5