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HomeMy WebLinkAboutAgreement_General_10/06/2017_James M. Weinand TEMPORARY EMPLOYMENT AGREEMENT BETWEEN JAMES M.WEINAND AND THE VILLAGE OF TEQUESTA,FLORIDA This Temporary Employment Agreement is made and entered into this 4 day of October 2017, by and between the Village of Tequesta, Florida, a municipal corporation, and James M.Weinand, an individual,both of whom understand and agree as follows: WHEREAS, the Village of Tequesta currently employs Michael R. Couzzo, Jr. as Village Manager pursuant to that"Second Employment Agreement Between Michael R. Couzzo, Jr. and the Village of Tequesta" effective August 5, 2010 and concluding December 31, 2018; and WHEREAS, beginning September 12, 2017, Michael R. Couzzo, Jr. went on FMLA Leave and presently remains on FMLA Leave; and WHEREAS, in order to conduct business of the Village in an orderly fashion and in accordance with the requirements of the Village of Tequesta Charter,it is necessary to appoint an Acting Village Manager to temporarily serve in the capacity of Village Manager until such time as Village Manager Michael R. Couzzo, Jr. is able to return from FMLA Leave and resume the role and responsibilities of Village Manager as contemplated by the "Second Employment Agreement Between Michael R. Couzzo, Jr. and the Village of Tequesta" effective August 5, 2010 and concluding December 31,2018; and WHEREAS,the Village Council desires to temporarily employ the services of James M. Weinand as Acting Village Manager while Village Manager Michael R. Couzzo Jr. remains on FMLA Leave, and until such time as Village Manager Michael R. Couzzo, Jr. is able to return from FMLA Leave and resume the role and responsibilities of Village Manager as contemplated by the "Second Employment Agreement Between Michael R. Couzzo, Jr. and the Village of Tequesta"effective August 5, 2010 and concluding December 31, 2018; and WHEREAS, James M. Weinand is willing and able to temporarily serve as Acting Village Manager in exchange for certain compensation; and WHEREAS,the Village Council and James M. Weinand mutually agree to the following terms and conditions for the temporary appointment of James M. Weinand as Acting Village Manager until such time as Village Manager Michael R. Couzzo, Jr. is able to return from FMLA Leave and resume the role and responsibilities of Village Manager as contemplated by the "Second Employment Agreement Between Michael R. Couzzo, Jr. and the Village of Tequesta"effective August 5,2010 and concluding December 31,2018. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1 SECTION 1. DUTIES;LIMITATIONS A. The Village Council of the Village of Tequesta hereby appoints James M. Weinand as Acting Village Manager for the Village of Tequesta to perform the functions and duties of Village Manager specified in the Village Charter, state statutes and ordinances and to perform such other legally permissible and proper duties and functions as the Village Council shall from time to time assign. B. In addition,James M.Weinand shall continue to provide the Village of Tequesta with fire safety consulting services for plan review on an as needed basis as he has done prior to the effective date of this agreement. C. The appointment of James M. Weinand as Acting Village Manager is a temporary appointment, made in order to provide for the orderly conduct of Village of Tequesta business in accordance with the requirements of the Village of Tequesta Charter, during the period of time that Village Manager Michael R. Couzzo is on leave and unable to resumes the role and responsibilities of Village Manager as contemplated by the"Second Employment Agreement Between Michael R. Couzzo,Jr. and the Village of Tequesta". D. While James M. Weinand is serving in the capacity of Acting Village Manager, he shall not be authorized, and is specifically precluded by the terms of this agreement, from promoting, advancing, or advocating for the promotion or advancement of Village of Tequesta employee Jacqueline St. Charles. Additionally,James M. Weinand shall not be authorized, and is specifically precluded by the terms of this agreement, from participating in any disciplinary proceedings involving Village of Tequesta employee Jacqueline St. Charles. These restrictions are meant to provide for compliance with Sec. 112.3135,Florida Statutes; Palm Beach County Code of Ethics Sec. 2-445; and Village of Tequesta Personnel Policy 2.4,all regarding nepotism. E. While serving as Acting Village Manager, James M. Weinand agrees to remain in the exclusive employ of the Village of Tequesta and shall not become employed by any other employer unless this agreement is terminated or expires subject to the provisions set forth in Section 3 below. 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 Acting Village Manager or reflect poorly upon the name or reputation of the Village of Tequesta. SECTION 2. TERM A. The term of this Agreement shall be from October 9,2017 until Village Manager Michael R. Couzzo,Jr. is able to, and in fact does,return from FMLA Leave and resumes the role and responsibilities of Village Manager as contemplated by the "Second Employment Agreement Between Michael R. Couzzo, Jr. and the Village of Tequesta", or until January 1,2018,whichever occurs first. 2 B. In the event that Michael R. Couzzo, Jr. is unable to return from FMLA Leave (or any successor medical leave) and resume the role and responsibilities of Village Manager as contemplated by the "Second Employment Agreement Between Michael R. Couzzo, Jr. and the Village of Tequesta" prior to January 1, 2018, then in that event, the Village Council and James M. Weinand agree that they will discuss revisions to salary and the provision of other benefits (e.g. insurance, automobile allowances, other job related expenses,etc.)for a longer term and may,upon mutual agreement,extend the term of this agreement with additional compensation. C. Nothing in this agreement shall be construed to prevent, limit or otherwise interfere with the right of either the Village Council, or of James M. Weinand, to terminate this agreement,subject to the provisions set forth in Section 3 below. SECTION 3. TERMINATION; EXPIRATION A. The Village of Tequesta may terminate this agreement upon 14 days written notice to James M. Weinand for any reason or for no reason. B. James M. Weinand may terminate this agreement upon 14 days written notice to The Village of Tequesta for any reason or for no reason. C. This agreement shall automatically expire without the need for the above referenced 14 days written notice when Village Manager Michael R. Couzzo, Jr. is able to, and in fact does, return from FMLA Leave (or any successor medical leave) and resumes the role and responsibilities of Village Manager as contemplated by the "Second Employment Agreement Between Michael R. Couzzo, Jr. and the Village of Tequesta", or on January 1, 2018, whichever occurs first, unless this agreement is extended by mutual agreement of the Village Council and James M.Weinand pursuant to paragraph 2.B. above. SECTION 4. SALARY AND WORK-WEEK A. James M. Weinand shall be compensated at the rate, expressed in terms of an annual salary, of One Hundred Twenty Thousand Dollars ($120,000.00). James M. Weinand shall be paid in equal installments at the same time all employees of the Village of Tequesta are paid. Compensation is based upon a 4 day work week. B. Upon the full execution of this agreement by both parties, James M. Weinand shall be paid a one-time amount of Three Thousand Dollars ($3,000.00) in order to assist James M. Weinand with home based arrangements that must be secured due to his work at the Village of Tequesta pursuant to this agreement. C. The parties acknowledge that in addition to performing day-to-day work at Village Hall, attendance at Village Council meetings and workshops that occur outside of normal business hours is also required. It is therefore agreed that actual time worked during normal business hours may be adjusted to accommodate attendance at such meetings so long as such adjustments are taken during the week of the meeting in question. 3 SECTION 5. CONFLICTS OF INTEREST James M. Weinand shall not, without the express prior written approval of the Village Council, 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 of Tequesta, 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, James M. Weinand shall not own or invest in any real property within the corporate limits of the Village of Tequesta,without prior notification to and advance written approval by the Village Council, which approval may be withheld by the Village Council in its sole discretion. James M. Weinand is precluded from engaging in any conduct which creates an actual or perceived conflict of interest under applicable federal,state or local law. SECTION 6. OTHER TERMS AND CONDITIONS A. Except as specifically provided herein, James M. Weinand shall be subject to all provisions of the Village Charter and Code. B. The Village of Tequesta shall bear the full cost of any fidelity or other bonds, as well as E&O and professional liability insurance required of James M. Weinand under any ordinance. C. 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. D. This agreement constitutes the entire understanding between the parties regarding issues relating to James M. Weinand's appointment as Acting Village Manager, 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. E. 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. F. 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. 4 IN WITNESS WHEREOF,the Village Council of the Village of Tequesta has, through the Mayor of Tequesta, caused this Temporary Employment Agreement to be signed and executed and duly attested by its Village Clerk; and James M. Weinand has signed and executed this Temporary Employment Agreement,both in duplicate,the day and year first above written. VILLAGE TEQUESTA JAMES M.WEIN By: By: bi ail rennan s .Wem d Mayor ATTEST: ATTEST: By: ,`.! Lam' By: �Lc�lLcfk,._ Lori McWilliams Q1111j" `" aa\oprouuunni Lori McWilliams MMC O,F Village Clerk ,,.` ..O•F.TF Village Clerk RPO QG- SEAL SEAL _ a :INCORPORATED::INCORPORATED .D: 5