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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 24_12/08/2005• Memo To: Mayor and Council From: Anne Koch, Executive Assistant Date: 9/12/2005 Re: Public Works Director, Gary Preston's, Resignation and Consulting Agreement The Village Manager will be forwarding a memo to Mayor and Council on this item prior to the Regular Council meeting on December 8, 2005. • • VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: December 8, 2005 AMENDED MEETING DATE: SUBJECT: The resignation of Public Works Director and Approval of Consulting Agreement for Council Review and Consideration COVER MEMO ATTACHED: RESOLUTION OR ORDINANCE NUMBER: ORIGINATING DEPARTMENT: Manager DEPARTMENT HEAD APPROVAL FUNDING SOURCE: 2005/2006 BUDGET ACCOUNT NUMBER: CURRENT BUDGETED AMOUNT AVAILABLE: $ AMOUNT OF THIS ITEM: $ BUDGETED BALANCE REMAINING: (PIGGYBACK CONTRACT NAME AND # OR COMPETITIVE BID FOR ANYTHING OVER $10,000 -ATTACH 3 BIDS) APPROVALS: FINANCE DIRECTOR VILLAGE MANAGER ~®7G ~--~t~`~ ~~---~-v VILLAGE ATTORNEY (if Needed) Yes No PLEASE RETURN TO VILLAGE CLERK TO PLACE ON THE AGENDA November 30, 2005 Mr. Michael R. Couzzo, Jr. Village Manager 250 Tequesta Dr., Suite 300 Tequesta, Florida 33469 Re: Resignation Dear Mr. Couzzo: As we discussed earlier today, I hereby submit this letter as my official notice of resignation effective January 4, 2006. As agreed at our meeting, this resignation is contingent upon your recommendation and Village Council approval that I receive the current status of my health insurance until October 1, 2006, and receive an additional two months of pay thru February 28, 2006. Should the Village Council approve this request, I will be available thru October 1, 2006, to act as a consultant to this Village for any and all matters pertaining to Public Works. I am of the opinion that this is a mutual and beneficial arrangement for both myself and the Village. However, if the Village Council should not approve this arrangement, I will continue employment in my current status as Director of Public Works for an indefinite period of time. Please extend my sincere appreciation to the Village Council and residents for giving me an opportunity to work for this wonderful Village for the past 32 years. Words simply cannot express how blessed I have been during this time period. Mr. Couzzo, the excellent way that you have treated me, not only as a Village employee but also as a person, has been greatly appreciated. Sincerely, -~-n Gary Preston VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 CONSULTING AGREEMENT This agreement is made this 2nd day of December, 2005, by and between the Village of Tequesta ("Tequesta" or "Village") and Gary Preston ("Preston" or "Consultant"). The Village desires to engage Consultant to render advisory and consulting services to the Village, and Consultant is willing to provide such services on the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual covenants and considerations set forth herein, the parties hereto agree as follows: 1. The Village hereby retains Preston as a consultant to consult with and advise the Village concerning the management and operation of the Tequesta Public Works Department. Consultant agrees to provide such advisory and consulting services from time to time, as requested by the Village. 2. Consultant shall meet with Village personnel as necessary in order to provide the services agreed to herein and specified by the Village. Consultant shall not be required to report to Village offices on any regular basis. In general, Consultant may provide services by telephone, email, facsimile, and such other forms of electronic communication as may be available. 3. In performing the services agreed to herein, Consultant shall provide and use his own staff, materials, and facilities. 4. Consultant is an independent contractor and shall not, in any way, be considered an employee of the Village. The Village shall not be obligated to deduct social security, withholding, or other payroll or related taxes from any payments made to Consultant under this Agreement. Consultant shall be responsible for payment of all taxes, license fees, insurance premiums, and other expenses incident to the performance of the Agreement. 5. Consultant shall provide all insurance required by law or otherwise incident and appropriate to the performance of this Agreement. 6. In performing the services hereunder, Consultant shall comply with all applicable laws, rules, orders, regulations, and requirements of Federal, State, and Municipal governments. Consultant shall comply with all Federal and State requirements prohibiting discrimination in employment because of race, color, creed, sex, age, and national origin. 1 Recycled Paper 7. The term of this Agreement shall be from January 4, 2006 through September 30, 2006, unless earlier terminated by either party. Either party may terminate this Agreement upon Thirty (30) days prior written notice. 8 As full compensation for the services rendered by Consultant under this Agreement, the Village will pay Consultant the sum of $2,578.60 payable on the last day of each month for the duration of this Agreement. 9. Consultant agrees that all work produced shall be the property of the Village of Tequesta. 10. This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of Florida. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision. 11. This Agreement constitutes the entire agreement between the parties. All previous communications between the parties, whether written or oral, with reference to the subject matter of this Agreement are hereby superseded. 12. The Consultant will make no representations or commitments binding the Village without the Village's prior consent. 13. Any notice or communication permitted or required when personally or electronically delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at said party's address. Each party shall provide written notice of its address to the other. Each party shall also provide written notice to the other of any change in its address. IN WITNESS WHEREOF, the undersigned have executed this Agreement the date and year first above written. ~ ~.... r 1~y ~ ~.~ ?~_" of ~ , Gary Prestorr~'' JI Consultant Date Michael Couzzo Village Manager Village of Tequesta Date 2