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VILLAGE OF TEQUESTA
VILLAGE MANAGER
EMPLOYMENT AGREEMENT
This Employment Agreement is made and entered into this day of September, 2018
and is effective October 1, 2018 (the "Effective Date"), by and between the Village of Tequesta,
Florida, a municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida
33469, (hereinafter the "Village") and , in her individual capacity, whose
current address is , (hereinafter " ") both of
whom understand as follows:
WITNESSETH:
WHEREAS, the Village of Tequesta Charter (Sec. 3.02) establishes the position of
Village Manager who shall serve as the Village's chief administrator under the direction and
supervision of the Village Council; and
WHEREAS, the Village has conducted a thorough search for a Village Manager to
succeed the former Village Manager who is retiring after 18 years of service to the Village; and
WHEREAS, the Village's search has resulted in the unanimous decision of the Village
Council to appoint and hire as its new Village Manager, said unanimous decision
being based on 's administrative and executive qualifications, as required by the
Village of Tequesta Charter(Sec. 3.02); and
WHEREAS, desires to serve the Village as the Village Manager; and
WHEREAS, the Village Council and have mutually negotiated and agreed
to the terms and conditions contained in this Employment Agreement; and
WHEREAS, it is the desire of the Village Council and of to enter into this
Employment Agreement, and thereby memorialize the benefits, establish the conditions of
employment, and set the framework and context of the relationship, which shall exist between
the Village and as its Village Manager.
NOW THEREFORE, in consideration of the promises, mutual covenants, conditions,
provisions and undertakings herein contained, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby agreed to and acknowledged by both the Village and
by , the Village and do mutually covenant and agree with each other as
follows:
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SECTION 1: FUNCTIONS AND POWERS `
The Village hereby appoints and hires as Village Manager of the Village of
Tequesta to perform the duties and exercise the powers specified in the Village Charter
(including but not limited to Sec.3.03)and the Village Code of Ordinances,and to perform such
other legally permissible and proper duties as she may be assigned from time to time.
agrees that she will at all times loyally and conscientiously perform all of the duties
required of her either expressly or implicitly.
SECTION 2: ETHICS
In as much as the Village Manager is an active member of the Intemational City/Counry
Management Association (ICMA), the"Code of Ethics"promulgated by ICMA is incorporated
herein,and by this reference made a part hereof.Said"Code of Ethics"shall furnish principles to
govern the Village Manager's conduct and actions.
SECTION 3: TERM
A. 's appointment and employment as Village Manager shall commence
on the Effective Date and shall continue uninterrupted for an initial term of three(3)years;unless - commented [Koil: w;u��g ro��gocsace„P co s�e�s>
terminated earlier pursuant to Sections 9 or 11 respectively herein. and the Village y�a«
Council may negotiate future extensions of this Employment Agreement upon mutually
agreeable terms and conditions.
B. Nothing in this Agreement shall prevent,limit or otherwise interfere with the right
of the Village Council to terminate the service of at any time, subject only to the
provisions set forth in Section 9 of this Employment Agreement.
C. Nothing in this Agreement shall prevent,limit or otherwise interfere with the right
of to resign at any time from her employment with the Village, subject only to the
provisions set forth in Section 11 of this Employment Agreement.
SECTION 4: HOURS OF WORK AND EXCLUSIVE EMPLOYMENT
A. acknowledges that the proper performance of her duties as Village
Manager will require her to generally observe regular business hours at Village Hall and also
will require the performance of necessary services outside of normal business hours. The
Village Manager agrees to devote such additional time as necessary for the full and proper
performance of the Village Manager's duties, and that the compensation herein provided
includes compensation for the performance of all such services. As an exempt employee,
agrees to dedicate no less than an average of forty (40) hours per week in the
performance of her duties as Village Manager.
B. agrees to remain in the exclusive employ of the Village as Village
Manager and shall not become employed by any other employer unless resignation or
termination is effected as provided herein below. This prohibition against outside employment
shall not be construed to include occasional teaching, writing or consulting performed by
on her time off. However, in no event shall 's occasional teaching,
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writing or consulting interfere with or otherwise hinder the perfonnance of her duties as Viliage
Manager,or reflect poorly upon the name or reputation of the Village of Tequesta.
SECTION 5: COMPENSATION AND PERIODIC PERFORMA\CE REVIEW
A. The Village agrees to pay an annual base salary of One Hundred
Sixty Five Thousand Dollars ($165,000.00� commencing with the Effective Date of this comnented [Kozl: w�ti��s co�e�ot�ace�p co o�e
Employment Agreement, payable at the same time as other employees of the Village are paid xU�dred h;�ery 7no�s��a oouars,dcpe�a���on c�aia�ng,
and in accordance with Village payroll procedures. sktu�a�a eXPede�oe.
B. Beginning October 1, 2019, and for each fiscal year thereafrer, if Village
employees receive an across the board pay increase, then also shall receive a pay
increase in the same amount and at the same time as given to other Village employees.
C. The Village Council may, in its sole discretion, increase 's base
salary and/or benefits in such amounts and to such extent as it may determine to be desirable to
do. Salary and benefit changes shall be tixed by resolution of the Village Council,and shall be
made by written amendment to this Employment Agreement in accordance with Section 15
below.
D. During the first year of this Employment Agreement, shall receive a
90 day performance review, a six (6) month performance review and an annual performance
review from the Village CounciL Thereafter, in all subsequent years of this Employment
Agreement, including any years added as a result of a mutually agreed extension as provided in
Section 3.A., shall receive an annual perfonnance review from the Village Council.
All performance reviews shall bc held at regular Village Council Meetings. Criteria are attached
tothis Employment Agreement as Exhibit A; said criteria are subject to revision by the Village
Council from time to time. Any revision must be relevant to the duties and responsibilities
expected of in her service as Village Manager. comnented [Kos]: N�W tan��a��co re�osnt���
performancc review criteria,and acknowledge that[hey are
E. In conjunetion with its annual performance review,the Village Cou�ci(may,in its sole a°exn�e�r ro rh�s E,nptoym�ac ngreem�n�.
and absolute discretion, award the Village Manager additional compensation based on
performance over the past year. Any such compensation shall be based on performance review
criteria and shall be lnnited to an amount not ro exceed .001(1/10°i of 1 %) of the ViLlage's
general operating budget. In the event that the Village Council grants additional
compensation pursuant to this section, such compensation shall be deternlined before tax. Taxes
and other payroll deductions shall be deducted from said amount, as with normal staff
compensation,before payment to . comrented [Koa]: N�w iaag�a��co m�modai�Z�ct,e
recised PRC concept discussed at the last Council Workshop.
THe performance review criteria and PRC parameters are
attached as Exhibit A.
SECTION 6: BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT
A. shall receive five (5) days of vacation leave credited with the
Effective Date of this Employment Agreement. Thereafrer, shall earn and be
credited with vacation leave at the same rate and in the same manner as all other full-time non-
union Village employees.
B. shall earn and be credited with sick leave at the same rate and in the
same manner as all other full-time non-union Village employees.
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C. The Village wilL provide with insurance benefits, including family
benefits if applicable,for health,life and other related insurance at the same rate and in the same
manner as all other full-time non-union Village employees.
D. The Village agrees to provide with a Village issued cellular
telephone for the conducting of Village business.
E. The Village agrees to provide with reimbursement for vehicle
mileage incurred due to travel outside of the Village of Tequesta at the standard approved rate
for mileage reimbursement.
F. The Village shall pay 's moving expense for relocating to the Village
of Tequesta,Florida in an amount not to exceed Twelve Thousand Dollars $12,000.00. Moving
expenses under this Section shall be reimbursed as one lump sum within ninety(90)days from
the Effective Date of this Employment Agreement, upon the provision of appropriate
documentation of same.All moving and relocation expenses shall be documented with receipts,
cancelled checks or credit card statements, and provide same to the Village Finance Director
priOL YO P01TribllTSeTC1011Y., .. "�� Cormented [KDS]: Rccognizing the discusscd amount of
moving expense to bc reimbursed not to exceed Twelve
G. jWithin six (6) months of the Effective Date of this Employment Agreement, Tno�sand�oua�s�giz,000.00>.
shall obtain permanent residence within the Viilage of Tequesta. eomnented tKo51: tv�w ia�gua���cqu�ri�,g per,�,a�en�
residency in the Villagc withiu 6 months of the Effectivc
H. shall be subject to all provisions of the VilLage Charter and Code,as �a�eoftneEmpioymeocagreen,e�r.
well as reb lations, rules and personnel policies of the Village, relating to vacation and sick
leave, retirement and pension system contributions, holidays, and other fringe benefits and
working conditions as they now exist or hereafter may be amended.
SECTION 7: PROFESSIONAL DEVELOPMENT
A. The Vil►age agrees to pay 's professional dues for membership in the
International City/County Management Association and the Florida City/County Management
Association. The Village agrees to budget and pay for other reasonable professional dues and
subscriptions necessary for 's continuation and participation in national, regional,
state,and local associations and organizations related to duties and responsibilities of the Village
Manager,as determined in the discretion of the Village Council.
B. The Village agrees to budget and pay for reasonable travel and subsistence
expenses for the Village Manager's travel to and attendance at the Florida City/County
Management Association annual conference,and the Florida League of Cities annual conference.
The Village shall pay for the Village Manager's attendance at other seminars, conferences, and
committee meetings as approved in the Village's annual budget or as approved by the Village
Council.
SECTION 8: RETIREMENT
The Village shall make contributions on behalf of to the retirement plan in
effect for all Village employees at the same levels applicable to general administrative
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emptoyees and agrees to transfer ownership of same to upon retirement, the
successful conclusion of this Employment Agreement or any extension thereof, resignation or
termination of employment.
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SECTION 9: TERMINATION � ` ��� ��� `�`s� '9 '����
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For the purpose of this Employment Agreement,termination shall occur when:
A. The Village Council votes by an affirmative vote of at least four(4)members of
the Council to terminate without cause at a duly noticed public meeting. "Without
cause"shall mean for any reason other than the conduct described in subsection 9(B)below;or
B. The Village Council votes by an affirmative vote of at least four(4)members of
the Council to terminate Employee for cause, which includes the conviction of a crime,
misfeasance,malfeasance,nonfeasance, embezzlement,or misconduct as that term is defined in
Section 443.036(29),Flor�ida Statutes,at a duly noticed public meeting.
C. In the event the Viliage Council,at any time during the employment term,reduces
the salary or other benefits of ,in a greater percentage than an equivalent across-the-
board reduction for all full-time Village employees,or in the event the Village allegedly refuses
to comply with any other material provision of this Employment Agreement benefiting
shall notify the Village Council in writing of the alleged violation.The
Village Council shall have thirty (30)days from such notice within which to retroactively cure
the violation, otherwise, may at her option, consider such violation as termination
"without cause" as of the date of such alleged reduction or refusal, and the severance pay
provision and all other provisions contained in Section 10(A)below shall become applicable at
the annual salary and benefit level in effect prior to the reduction or refusal.
D. �,The current Village of Tequesta Charter(Sec. 3.02)requires the affirmative vote
of at least four(4) members of the Village Council to hire the Village Manager and likewise to
remove or terminate the employment of the Village Manager (See Sec. 9. A. and B.
hereinabove). In the event that the Village of Tequesta Charter should be amended in the future
to provide for these actions by a simple majority vote of the Village Councii, or to provide for
any other revision to this current requirement, it is understood and agreed by the Village and by
that such amendment and revision shall be applicable to this Employment
Agreement immediately (Including revision to Sec. 9. A. and B. hereinabove) upon such
amendment and revision becoming effective. commented [Ko�]: Tnis tanguag��ro�;d�s ro�apP�icacton
of a chartcr amendment that might eliminate the super-
SECTIO:�10: SE VERANCE majoriry reqwred to tcnninata the Village Manager.
A. Severance shall be paid to when employment is terminated under
Section 9(A)of this Employment Agreement. In such case,the Village agrees to pay severance
as follows:
1. Tf termination occurs during the first year of employment,severance equal
to Eight(8)weeks of base salary will be paid;
2. If termination occurs during the second year of employment, severance
equal to Twelve(12)weeks of base salary will be paid;
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3. If termination occurs during the third or subsequent year of employment,
severance equal to Sixteen(16)weeks of base salary will be paid. commented [K�e]: se�eran�e 5m,�t��e d;scUssed by cne
Council.
Severance will be paid within thirty (30) days from the date of termination. However, no
severance payment shall be made unless first provides a full release and waiver of
all claims which are legally capable of being released or waived against the Village, its
employees and elected officials in their individual and officia] capacities in a form acceptable to
the Village Attorney. shall also be compensated for accrued unused vacation leave
and accrued unused sick leave in accordance with Village policies when employment is
ternunated under Section 9(A)of this Employment Agreement.
B. In the event is terminated For cause under Section 9(B),the Village
shall have no obligation to pay any severance,any accrued unused vacation leave or
any accrued unused sick leave.
C. Nothing contained in this Section shall be construed to violate the severance pay
limitations contained in Sec.215.425,Florida Statutes.
SECTION 11: RESIGNATION
In the event that voluntarily resigns her position with the Village,
shall provide a minimum of sixty (60) days' advance written notice unless the
Village Council approves a shorter notice. In the event of voluntary resignation, the Village
agrees to pay all accrued unused vacation and sick leave benefits in accordance with
Village policies. No additional severance shall be paid upon resignation under this section,
unless expressly agreed to in advance by the Village Council.
SECTION 12: [NDEMNIFICATION
The Village shall defend, hold harmless and indemnify , as required by
Federal, State and Local law, against any claim, action, suit, or proceeding, groundless or
otherwise,arising out of an alleged act or omission occurring during 's performance
of the duties or responsibilities of Village Manager for the Village of Tequesta or resulting from
the exercise of judgment or discretion in connection with the performance of 's
duties or responsibilities as Village Manager for the Vi(lage of Tequesta, unless the act or
omission occurred as a result of 's acting in bad faith or with malicious purpose or in
a manner exhibiting wanton and willful disregard of human rights, safety, or property. ln
accordance with applicabie law,the Viilage shall provide for 's legal defense,court
costs and other reasonable costs and expenses of legal proceedings, and any other liabilities
incurred by, imposed upon,or suffered by ,not limited to judgments or settlements,
in connection with or resulting from any claim, action, suit or proceedings, as specified in this
Section. Any settlement of any claim must be made with prior approval of the Village Council
in order for indemnification,as provided in this Section,to be available.
SECTION 13: BONDING
The Village agrees to bear the full cost of any fidelity or other bonds required of the
Village Manager under any policy,regulation,ordinance or law.
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SECTION 14: INSPECTOR GENERAL
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector
General has jurisdiction to investigate municipal matters, review and audit municipal contracts
and other transactions, and make reports and recommendations to municipal governing bodies
based on such audits, reviews or investigations. All parties doing business with the Village shall
fully cooperate with the inspector general in the exercise of the inspector general's functions,
authority and power. The inspector general has the power to take sworn statements, require the
production of records and to audit, monitor, investigate and inspect the activities of the Village,
as well as contractors and lobbyists of the Village in order to detect, deter, prevent and eradicate
fraud, waste, mismanagement, misconduct and abuses.
SECTION 15: ENTIRE AGREEMENT AND MISCELLANEOUS PROVISIONS.
A. This Employment Agreement has been negotiated and drafted by both the Village
and , and shall not be more strictly construed against either party.
B. This Employment Agreement shall be binding upon and inure to the benefit of the
heirs at law and executors of . If the Village Manager dies during the term of her
employment, the Village shall pay to the estate of the Village Manager the salary compensation
which would otherwise be payable to the Village Manager up to the end of the month in which
her death occurs. The Village shall have no obligation to pay severance, accrued unused
vacation leave or accrued unused sick leave to the estate.
C. The Village Council and , by mutual written consent, may amend any
provision of this Employment Agreement. Any such amendments shall be executed with the
same formality as this Employment Agreement and shall be incorporated and made a part of this
Employment Agreement.
D. If any provision, or any portion thereof, contained in this Employment Agreement
is held unconstitutional, invalid or unenforceable, the remainder of this Employment Agreement,
or portion thereof, shall be deemed severable, shal] not be affected, and shall remain in full force
and effect.
E. The waiver by either party of a breach of any provision of this Employment
Agreement by the other shall not operate or be construed as a waiver of any subsequent breach
by that party.
F. This Employment Agreement shall be governed in accordance with the laws of
the State of Florida, and venue for any action enforcing the terms of this Employment Agreement
shall be in Palm Beach County, Florida.
G. This Employment Agreement sets forth and establishes the entire understanding
between the Village and relating to 's employment as Village Manager
for the Village of Tequesta. Any prior discussions, negotiations, correspondence, conversations,
agreements, understandings, or representations by or between the parties, whether written or oral,
are merged into and rendered null and void by this Employment Agreement.
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IN WITNESS WHEREOF, the Village of Tequesta has caused this Employment
Agreement to be signed and executed on its behalf by its Mayor and duly attested by the Village
Clerk, and has signed and executed this Employment Agreement, the effective day
and year first written above.
VILLAGE MANAGER VILLAGE OF TEQUESTA
Abigail Brennan, Mayor
Attest:
BY:
Lori McWilliams, MMC
Village Clerk
Approved as to Form and Legal Sufficiency:
BY:
Keith W. Davis, Esq.
Village Attorney
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PERFORMANCE REVIEW CONSIDERATIONS
The considerations listed below shall be used to determine how the Village Manager is
performing his/her duties and responsibilities. These considerations have been explained to the
Village Manager during initial contract negotiations so that expectations are clear and review
criteria are understood.
LEADERSHIP — interaction, motivation and management of staff; possesses excellent written,
verbal, and problem solving skills.
FISCAL RESPONSIBILITY — comprehensive understanding of financial management,
budgets and reporting requirements.
CREATIVITY—ability to think"outside of the box" and offer fresh ideas to do things in a new,
better way.
COMMUNITY AND PUBLIC RELATIONS — visibility within the Village; resident and
business community outreach and communication; meeting and events attendance.
COUNCIL RELATIONS — effective communication; accessibility; even-handed dissemination
of information; responsiveness.
In the event that the Village Council desires to revise, augment or otherwise change these
criteria, any such change will be effective at the beginning of the next annual review cycle and
will be provided to the Village Manager at that time.
l. Usage guidelines - This document is intended to standardize the Counci]'s performance
review of the Village Manager and assist with the potential granting of annual
Performance Review Compensation ("PRC"). Not to be "graded"by a third party.
2. Consideration for annual Village Manager PRC — Not to exceed .001(1/lOth of 1 %) of
general operating budget.
Example:
The current general operating budget is approximately $11,000,000.00.
Maximum PRC for this year would be $11,000.00.
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