HomeMy WebLinkAboutDocumentation_Regular_Tab 12_08/11/2016 RESOLUTION NO. 17-16
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, APPROVING A ONE TIME PERFORMANCE
BASED RECOGNITION COMPENSATION AMOUNT FOR THE VILLAGE
MANAGER FOR FISCAL YEAR 2015/2016 AND INCREASING THE
FISCAL YEAR 2015/2016 BUDGET BY APPROPRIATING FUND
BALANCE IN SAID AMOUNT; PROVIDING AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS, the Viilage of Tequesta has entered into an Employment Agreement
with its Village Manager, Michael R. Couzzo, Jr. which has been amended from time to
time with the latest amended Agreement being dated August 5, 2010 (the "Agreement");
and
WHEREAS, said Agreement provides for additional compensation for the Village
Manager based on the past year's perFormance and is known as "Performance
Recognition Compensation" ("PRC") according to Section 4 of the Agreement; and
WHEREAS, the PRC is solely at the option of the Village Council to be based on
performance; and
WHEREAS, the Village Council of the Village of Tequesta has carefully reviewed
the Village Manager's perFormance for the past year and hereby finds the PRC is in order;
and
WHEREAS, the Village Council of the Village of Tequesta believes that resourceful
cost saving measures along with a myriad of other achievements warrant the award of
the PRC and that such an award is in the best interests of the citizens of the Village of
Tequesta in order to maintain quality management and ensure stability in the Village; and
WHEREAS, 50% of the funding for the performance based recognition
compensation awarded to the Village Manager will be appropriated in the FY 2015/2016
General Fund #001 Budget and 50% will be appropriated in the FY 2015/2016 Water
Utility Fund #401 Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
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SECOND EMPLOYMENT AGREEMENT BETWEEN
MICHAEL R COUZZO, JR,
AND
THE VILLAGE OF TEQUESTA, FLORIDA
This Second Employment Agreement, is made and entered into this 5�' day of August
2010, at which time action was taken by the Village Council, by and between the Village of
Tequesta, Florida, a municipal corporation, hereinafter called the "Village", and Michael R.
Couzzo, Jr., an individual, both of whom understand as follows:
VYHEREAS, the Village desires to continue to employ the services of Michael R. Couzzo,
Jr., as Village Manager of the Village of Tequesta, as provided by appropriate Charter, statute
and ordinance sections; and
WHEREAS, it is the desire of the Village Council to provide certain benefits and
established continued canditions of employment; and
WHEREAS, the Village seeks to provide inducement for Michael R. Couzzo, Jr. to
remain in such employment and make possible full work productivity by assuring Michael R
Couzzo, Jr.'s morale and peace of mind with respect to future security; to act as a deterrent
against maifeasance or dishonesty for personal gain on the part of Michael R. Couzzo, Jr.; and to
provide a just means for terminating Michael R. Couzzo, Jr.'s services at such time as he may be
unable to fully discharge his duties or when the Village may desire to otherwise terminate his
employment; and
WHEREAS, Michael R. Couzzo, Jr. desires to accept continued employment as the Village
Manager of the Village of Tequesta.
NOW, THEREFORE, in considera.tion of the mutual covenants herein contained, the
parties hereto agree as follows:
SECTION 1. DUTIES
The Village hereby agrees to continue its employment of Michael R Couzzo, Jr. as
Village Manager of the Village to perform the functions and duties specified in the Viilage
Charter, state statutes and ordinances and to perform such other legally permissible and proper
duties and functions as the Village Council sha11 from time to time assign.
SECTION 2. TERM
A. The First Employment Agreement was entered into by the parties on October 1,
2000 and was to e�end until the regutaz� Village Council meeting subsequent to the date of the
annual March, 2p04 election, which was held on March 9, 2004. Such agreement was amended
prior to the end of that term and the amended agreement was effective November 13, 2002 for a
five year period of time, or until November 13, 2007. Such amended agreement was
automatically renewed for another five (5) year term upon the same terms and conditions to run
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until November 13, 2012 in accordance with the language set forth in the amended agreement.
The parties now desire to extend the term of employrnent and desire to enter into a"Second
Employment Agreement" which sets forth the complete and updated terms and conditions of
employment. The term of employment is hereby extended to December 31, 2018. Any
amendments or changes to this Agreement shall, be in writing and executed by both parties.
Nothing in this Agreement shall prevent, limit ar otherwise interfere with the right of the Village
Council to terminate the services of Michael R. Couzzo, Jr. at the will of the Village Council,
without cause, at any time, subject only to the provisions set forth in Section 3 of this 5econd
Employment Agreement.
B. Nothing in this Second Employment Agreement shall prevent, limit or otherwise
interfere with the right of Michael R. Couzzo, Jr. to resign at any time from his position with the
Village, subject to the provisions set forth in Section 3 of this Second Employment Agreement.
C. Michael R. Couzzo, Jr. 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 ar consulting performed on Michael R.
Couzzo, Jr's time off. However, in no event shall Michael R. Couzzo, Jr.'s outside employment
interfere with or otherwise hinder the performance of his duties as�illage Manager or reflect
poorly upon the name or reputation of the Viltage.
SECTION 3. TERMINATION AND SEVERANCE PAY
A. In the event Michael R. Couzzo, Jr. is terminated by the Village Council befare
expiration of the aforesaid term of employment a.nd during such time that Michael R. Couzzo, Jr.
is willing and able to perform the duties of Village Manager, then and in that event, the Village
agrees to pay Michael R. Couzzo, Jr. a lump sum cash payment equal to six (6) manths aggregate
salary ("Severance Payment"), with an additional one (1) month salary for ea.ch additional year
he has been employed since his initial employment (on October 1, 2000) and sha11 continue
Michael R Couzzo, Jr.'s other benefits (insurance coverage as set forth in Section 8, until
Michael R. Couzzo, Jr. is re-employed and covered by another health insurance policy) provided
hereunder for the six-month period immediately following termination. In the event Michael R.
Couzzo, Jr. is re-employed during the six-month period immediateiy following termination, the
Village's obligation to continue benefits shall cease. Re-employment, however, will not affect
Michael R. Couzzo, Jr.'s entitlement to the Severance Payment.
B. In the event, however, that Michael R. Couzzo, Jr. is terminated for reasons
relating to moral turpitude, malfeasance or dereliction of duty, then, in that event, the Village
shall have no obligation to make the Severance Payment or continue health insurance benefits
subsequent to termination. The Severance Payment along with accrued vacation, sick leave and
other accrued benefits referenced in this Second Employment Agreement shall serve as
liquidated damages and shall serve in the place and stead of, and as the sole and exclusive
remedy for, any claim Michael R. Couzzo, Jr. may have against the Village, its officers or
representatives, directly or indirectly relating to his ternunation.
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C. In the event the Village refuses, following written notice, to comply with any of
the provisions benefiting Michael R. Couzza, Jr. herein, or Michael R Couzzo, Jr. resigns
following a suggestion, whether formal or informal, made by a majority of the Village Council in
officiai session that he resign, then and in that event, Michael R. Couzzo, Jr. ma.y at his option be
deemed to be "terminated" as of the date of such refusal to comply or resignation, within the
meaning and context of this severance provision.
D. In the event Michael R. Couzzo, Jr. voluntarily resigns his position with the
Village before expiration of the term of this Second Employment Agreement, then Michael R.
Couzzo, Jr. sha11 give the Villa.ge six (6) months advance written notice and shall reiinquish any
and all rights to the severance benefits provided under this section. Failure to provide the
requisite six (6) months prior written notice sha11 result in the forfeiture of payment for of all sick
leave accrued by Michael R. Couzzo, Jr. and there shall be no payment whatsoever due for such
accrued sick leave.
SECTION 4. SALARY
A. Michael R. Couzzo, Jr.'s annual salary as of August 5, 2010, is $150, 838.00.
Michael R. Couzzo, Jr.'s annual base salary shall be paid to Michael R. Couzzo, Jr. in equal
installments at the same time other employees of the Village are paid. Michael R Couzzo, Jr.'s
salary shall be increased four percent (4%} each year until the term of this Second Employment
Agreement expires.
B. The Village Council shall review Michael R. Couzzo, Jr.'s �rformance annually,
at least thirty (30) days prior to October 1 of each fiscal year, and decide if additional
Performance Recognition Compensation ("PRC") is appropriate. Michael R. Couzzo, Jr. sha11
receive cost of living increases as authorized by the Village Council and such adjustments shall
be included in his annual base salary. T'he granting of any additional salary increases based on
Michael R. Couzzo, Jr.'s performance evaluation is left exclusively to the discretion of the
Village Council. If the Viilage grants Michael R. Couzzo, Jr. PRC, then any amount specified by
resolution shall be determined before tax. Taa�es and other payroll deductions sha11 be deducted
from said amount, as with normal staf� compensation, before payment to Michael R. Couzzo, Jr.
SECTION 5. VACATION
Michael R. Couzzo, Jr. shall accumulate four (4) weeks of vacation annually on October 1
of each fiscal yeaz. Any leave talcen by Michael R. Couzzo, Jr. in excess of eighty (80)
consecutive hours shall require prior approval of the Village Council.
SECTION 6. AUTOMOBILE
Because employment requires twenty-four (24) hour availability of a vehicle, the Village
shall provide an automobile allowance to Michael R. Couzzo, Jr. in the amount of $500.00 per
month for use af Michael R. Couzzo, Jr.'s personal vehicle. This figure may be reviewed by the
Village Council periodically and adjusted accorciing to the Bureau of Labor Statistics, Southeast
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Regional Office Consumer Price Index. In addition to the above, Michael R Couzzo, Jr. shall be
compensated at the standard rate approved by the Village Council for official vehicle usage for
employer related trips required af the Village Manager outside Palm Beach/Martin County areas.
Said milea.ge shall be computed from the outermost limits of the Pa1m Beach/lviartin County
areas to the final destination point.
SECTION 7. PROFESSIONAL DEVELOPMENT
The Village agrees to provide Michael R. Couzzo, Jr. the usual and necessary funding
applicable for travel and subsistence necessary for Michaei R. Couzzo, Jr.'s pmfessional
development and for the good of the Village. The Village agrees to pay the membership dues of
the interna.tional City Managers Association, the Florida County and City Managers Association,
and the Pa1m Beach County City Managers Association. The Village specifically agrees to
budget and to pay for the travel and subsistence relating to conferences relating to municipal
govemment management that would be in the best interest of Michael R. Couzzo, Jr. and the
Village, pursuant to the applicable travel policies of the Village, if any. Absent any Village travel
policy relative to same, such tra�el and subsistence shall be reasonable as determined by the
Village.
SECTION 8. INSURANCE
The Village agrees to provide hospitalization, life, major medical and other related
Insurance for Michael R. Couzzo, Jr. and make available such coverage for his dependents and to
pay the premiums thereon in a manner comparable to that which is provided for all other Village
employees.
SECTION 9. JOB RELATED EXPENSES
The Village recognizes that certain expenses of a non-personal and job related nature,
such as use of Michael R. Couzzo, Jr.'s personal cellular phone, long distance calls and faxes
from home, on-line computer time for computer located at home, software, attendance at local
government meetings, job related publications, and meals, etc. are necessarily incurred by
Michaei R. Couzzo, Jr., in accordance with his employment as Village Manager. Therefore,
Michael R. Couzzo, Jr. shall receive a general expense allowance of $200.00 per month, payable
on the first day of each month, during his term of employment to cover these and similar
expenses. Michael R. Couzzo, Jr. shall not be entitled to reimbursement for any expenses
incurred over and above the $200.00 allowed as an expense allowance. Enritlement to this
general expense allowance shail cease upon Michael R. Couzzo, Jr.'s resignation or termination,
SECTION 10. RETLREMENT
A. The Village agrees to execute a11 necessary agreements provided by the
International City Management Association-Retirement Corporation (ICMA-RC) for Michael R.
Couzzo, Jr.'s continued participation in said ICMA-RC Retirement plan. In addition to the base
salary and other benefits paid by the Village to Michael R. Couzzo, Jr. as described in Section 3
of this Agreement, the Village agrees to pay an amount equal to twelve percent (12%) of
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Michael R. Couzzo, Jr.'s annual base salary Into the 1 CMA-RC on Michael R. Couzzo, Jr.'s
behalf, in equal proportionate amounts each pay period and to transfer ownership to Michael R.
Couzzo, Jr. upon Michael R. Couzzo, Jr.'s resignation or termination of employment.
Notwithstanding this provision, the m�imum contribution to be paid by the Village under this
section shall not exceed the m�imum allowed by law.
B. The Village shali also make contributions on behalf of Michael R. Couzzo, Jr. to
the retirement plan in effect for a11 Village employees at the same levels applicable to general
administrative employees and agrees to transfer ownership of same to Michael R. Couzzo, Jr.
upon resignation or termination of employment.
SECTION 11. OTHER TERMS AND CONDITIONS OF EMPLtJYMENT
A. The Village Council shall fix such other terms and conditions of employment as it
may determine from time to time relating to the performance of Michael R. Couzzo, Jr. provided
such terms and conditions aze not inconsistent with ar in conflict with the provisions of this
Second Employment Agreement, the Charter or any other applicable 2aw.
B. Except as specifically provided herein, Michael R. Couzzo, Jr. shall be subject to
all provisions of the Village Charter and Code, as well as reguladons and rules of the Village
relating to sick leave, retirement and pension system contributions, holida.ys, and other fringe
benefits and working condi#ions as they now exist or hereafter may be amended.
C. The Village sha11 bear the full cast of any fidelity or other bonds required of
Michael R. Couzzo, Jr. under any ordinance.
D. If any provision ar any portion thereof contained in this Second 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.
SECTION 12. CONFLICTS �F INTEREST
Michael R. Couzzo, Jr. shall not, without the express prior written approval of the Village
Cauncil, 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, Michael R. Couzzo, Jr. 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 Council, which appraval may be withheld by the Village
Council in Its sole discretion. Michael R. Couzzo, Jr. is precluded from engaging in any conduct
which creates an actual or perceived conflict of Interest under applicable federal, state or local
law.
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SECTI4N 13. MISCELLANEOLTS PROVISIONS
!�. This Second Employment Agreement constitutes the entire understanding
�etween the �arties regarding issues relatin� to Michael R. Couzza, Jr.'s employment with the
Village, and supersedes any privr agreement or understanding, whether verbal or written, which
may have existed between the parties. "I'his Second Emplayment Agreement may not be
amended exeept in writing and with the express approval of both parties.
B. In the event it should become necessary for either party to initiate adversarial
pr�ceedings to enforce the terms af this Second Employment Agreement, the prevaiting party
sha11 be entitled to recover its reasonabte attorney's fees incurred in such ef#'orts. Venue for any
such proceeding shall be zn a court of eompetent jurisdic#ion in Palm Beach County.
G Michael R. Couzzo, Jr. acknowledges that he has been afforded the opportunity�
and encouraged to obtaii� the representation of legai counsel in connectian with the drafting and
execution of this Second Employment Agreement. As such, no provisic�n of this Second
Employment Agreement shali be construed in favar of or against either party by virtue of
draftsmanship_
D. IN WITNESS WHEREOF, the �illage of Tequesta has eaused this Second
F.mployment Agreement to be signed and executed on its behalf by the Mayor and duly attested
by its Village Clerk, and MichaeL R. Couzzc�, Jr. has signed and executed this Second
Employment A�reement, bc�th in duplicate, the day and year tirst above written.
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Section 1 The PRC as provided for Section 4 of the Village Manager's contract
is hereby authorized in the gross amount of XXXXX ($XXXXX).
Section 2 This Resolution shall become effective immediately upon passage.
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