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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 02_05/29/1990 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 31S ~ day of rn~`7 , 1990, between the VILLAGE OF TEQUESTA, hereinafter referred to as "VILLAGE", and GREGORY C. SPENCER, hereinafter referred to as "EMPLOYEE", pursuant to these terms and conditions: WHEREAS, the VILLAGE wishes to employ the services of EMPLOYEE as Director of Public Safety of the Village of Tequesta; and WHEREAS, the VILLAGE and EMPLOYEE desire to provide for certain procedures, benefits and requirements regarding the employment of EMPLOYEE by the VILLAGE; and WHEREAS, the EMPLOYEE wishes to accept employment as the Director of Public Safety of said VILLAGE under the terms and conditions recited herein. NOW, THEREFORE, VILLAGE and EMPLOYEE agree to the following: 1. DUTIES: VILLAGE agrees to employ EMPLOYEE as Director of Public Safety, to perform all duties as specified by law and ordinance, and to perform such duties as assigned by the Village Manager. 2. BASE COMPENSATION: The annual compensation of EMPLOYEE as Director of Public Safety shall be FORTY-EIGHT THOUSAND TWO HUNDRED FORTY DOLLARS ($48,240.00), payable in equal bi-weekly installments subject to deductions for tax and social security payments and such other deductions as EMPLOYEE may designate. The salary of the EMPLOYEE shall be reviewed at least annually on the anniversary date of employment or at the sole discretion of the VILLAGE, prior to said anniversary date. EMPLOYEE shall not be entitled to, and hereby waives any rights to any funds pursuant to Section 943.22, Florida Statutes, whic~-i provides a salary incentive program for full-time officers. 3. AUTOMOBILE USE: The VILLAGE shall provide EMPLOYEE an automobile for his unlimited business and personal use. The VILLAGE shall be responsible for all costs relating to the operation of said automobile. Only employees of the VILLAGE will 1 be authorized to drive this vehicle. • Said automobile shall be unmarked, a minimum of four door sedan, mid size or larger and shall not be more than five (5) model years old. 4. GENERAL CONDITIONS OF EMPLOYMENT: In addition to the benefits cited herein, VILLAGE shall provide EMPLOYEE with any and all benefits that apply to other employees. 5. TERMS OF EMPLOYMENT: A. EMPLOYEE'S term of employment is indefinite, subject to the conditions contained herein. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Village Manager to terminate the services of the EMPLOYEE at any time by written notice subject to the provisions set forth in Section 6 of this agreement. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time, from his position with the VILLAGE by giving thirty (30) days written notice, subject only to the provisions set forth in Section 6 of this agreement. D. EMPLOYEE shall remain in the exclusive employ of the VILLAGE during the term of this agreement unless removed from employment pursuant to Section 6 of this agreement. "Exclusive employ of the VILLAGE" shall not be construed to include occasional teaching performed on EMPLOYEE'S time off. 6. TERMINATION CONDITIONS AND PAY: A. In the event EMPLOYEE is terminated by the Village Manager, the VILLAGE agrees to provide said EMPLOYEE with termination pay equal to his six (6) months gross salary from the ef~~ective date of no#;ice rendered pursuant to Section 5B. B. In the event that EMPLOYEE voluntarily terminates his employment as stated in Paragraph 5C, he shall receive no • termination pay. 2 i C. In the event EMPLOYEE is terminated because of his • conviction of any felonious act, then, in that event, the VILLAGE shall have no obligation to pay stipulated termination pay. 7. MOVING EXPENSES: VILLAGE shall pay the actual amount of moving expenses reasonably incurred by EMPLOYEE upon his relocation to the Jupiter/Tequesta area. 8. VACATION: EMPLOYEE shall be entitled to the same annual paid vacation based on the VILLAGE'S existing rates of accrual for vacation time that all other employees of the VILLAGE receive. EMPLOYEE shall also be entitled to an additional fifteen (15) days of paid vacation time which will be considered to have automatically accrued to EMPLOYEE upon commencement of his • employment with the VILLAGE. 9. NON-ASSIGNABILITY: VILLAGE and EMPLOYEE recognize that this contract is for personal services and cannot be transferred or assigned by either party without written consent of the other. 10. ATTORNEY'S FEES: If any legal action or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 11. GOVERNING LAW: This agreement shall be interpreted, construed and governed according to the laws of the State of Florida. 1~ . EFFFCTTVE DP.'T'~ ~ Thp ter~n.s of th i ~ agreemen* sh? 11 take effect on July 9, 1990. 13. COMPLETE DOCUMENTJAMENDMENT: This document contains all the terms and conditions of this agreement and no alteration or amendment of the same shall be valid unless made in writing and 3 r , with the mutual consent of the parties. IN WITNESS WHEREOF, the VILLAGE OF TEQUESTA has caused this agreement to be signed and executed on its behalf by its Mayor and duly attested by its Village Clerk, and the EMPLOYEE has signed and executed this agreement, both in duplicate, the date and year first above written. • VILLAGE OF TEQUESTA By '"/ ep N. Capret a, Mayor LYi iLVi Village Cle ~-~`~ ~ Gregory `C .v Spe 4