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HomeMy WebLinkAboutAgreement_General_09/10/2015 EMPLOYMENT AGREEMENT BETWEEN DONALD "RICK" RICCIARDI AND THE VILLAGE OF TEQUESTA, FLORIDA This Employment Agreement is made and entered into this 1O day of September 2015, 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 10 , 2015 and shall remain in effect until September Q , 2016. 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 3. TERMINATION A. In the event of a dispute related to the termination of Donald "Rick" Ricciardi's employment with the Village, any accrued vacation, sick leave and other accrued benefits provided for or referenced in this Employment Agreement shall serve as liquidated damages and as the sole and exclusive remedy for any claim Donald "Rick" Ricciardi may have against the Village, its officers or representatives, directly or indirectly relating to his termination. B. In the event Donald "Rick" Ricciardi voluntarily 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. SECTION 4. SALARY Donald "Rick" Ricciardi's annual salary is $94,039.00, to be paid in equal installments at the same time other employees of the Village are paid. Donald "Rick" Ricciardi's annual salary shall be eligible for an increase each anniversary year upon receipt of a successful annual performance review by the Chief of Police. 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 Police 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. SECTION 5. VACATION/LEAVE A. Donald "Rick" Ricciardi shall accumulate one hundred -sixty (160) hours of vacation 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. 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 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 Employment 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. 2 SECTION 7. CONFLICTS OF INTEREST Donald "Rick" Ricciardi shall not, without the express prior written approval of the Chief 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"Ric rdi By: AIN Michael W C, UZ7d, ona d "Rick" Ricciardi E� • �. r rd'f � ATTEST: ° C9.• F- ,,ATTEST: ♦ ♦ .� 0 ' OF r Zt a� -SEAL��� Lori McWilliams, INCORPORATED • Lori McWilliams, MIMIC` SEAL Village Clerk = c; Village Clerk ;INCORPORATED .,,,�OF F %- ,