HomeMy Public PortalAbout2003-13 Agreement with Village Manager, Jacqueline R. MenendezRESOLUTION NO. 2003-13
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
VILLAGE OF KEY BISCAYNE EMPLOYMENT
AGREEMENT WITH VILLAGE MANAGER, JACQUELINE
R. MENENDEZ; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council finds that the approval of the attached Village of Key
Biscayne Employment Agreement with the Village Manager, Jacqueline R. Menendez (the
"Agreement") is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Agreement, in substantially the form attached hereto, is hereby approved
and the Mayor is authorized to execute such Agreement on behalf of the Village.
Section 2. Effective Date. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 22nd day of April , 2003.
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MAYOR ROBERT OLDAKOWSKI
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
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VILLAGE ATTORNEY
EMPLOYMENT AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into this 22nd day of April,
2003, between the Village of Key Biscayne (the "Village") and Jacqueline R. Menendez (the
"Employee"), pursuant to the following teiills and conditions:
BACKGROUND
The Village wants to continue to employ the services of Jacqueline R. Menendez as
Village Manager and the Employee wishes to accept continued employment as the Village
Manager under the terms and conditions set forth in this Agreement. The Village and Employee
desire to provide for certain procedures and requirements regarding the employment of
Employee by the Village.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Village and Employee agree to the following:
SECTION 1. DUTIES
Village agrees to employ Jacqueline R. Menendez as Village Manager to perform the
duties and exercise the powers as prescribed by state law, the Village Charter and the Village
Code, and to perform such other legally permissible and proper duties and functions as assigned
by the Village Council from time to time.
SECTION 2. TERM
2.1 This Agreement shall have a term of three (3) years commencing on April 22,
2003 and ending on April 21, 2006, unless earlier terminated as provided in this Agreement.
2.2 Nothing in this Agreement shall prevent, limit or otherwise interfere with the
right of the Village Council to terminate the services of Employee at any time, subject only to
the provisions set forth in Section 3 of this Agreement.
SECTION 3. TERMINATION BY VILLAGE AND SEVERANCE PAY
3.1 In the event Employee is terminated by the Village Council during such time that
Employee is willing and able to perform her duties under this Agreement, the Village agrees to
pay Employee a lump sum cash payment equal to twelve (12) months aggregate salary
("Severance Pay"). In such event, the Employee shall also receive payment for any and all
accrued vacation and floating holiday time in accordance with the Village's policies governing
other non -police or fire employees of the Village ("Administrative Employees"). Severance Pay
shall be paid within 15 working days of termination. The Village shall continue to provide
medical coverage for Employee for three months following the date of termination, in the same
manner and in the same amount as Employee is receiving at the time of termination. After the
payment described above is made, the Village shall have no further financial obligation to
Employee.
3.2 In the event Employee is terminated because of conduct unbecoming a public
official, including but not limited to criminal conduct, the Village shall have no obligation to pay
the Severance Pay designated in paragraph 3.1 above. If Employee's employment is terminated
pursuant to this subsection, then the Village shall pay to Employee only accrued vacation and
floating holiday time due to the Employee as of the date of termination. After the payment
described in the immediately preceding sentence, the Village shall have no further financial
obligation to Employee pursuant to this Agreement.
SECTION 4. TERMINATION BY EMPLOYEE
In the event that Employee voluntarily resigns her position during the term of this
Agreement, Employee shall give the Village at least sixty (60) days written notice prior to the
effective date of such resignation. Employee shall not be entitled to receive any benefits or
payments pursuant to Section 3; however, Employee shall be entitled to accrued vacation and
floating holiday time as of the date of resignation.
SECTION 5. COMPENSATION
5.1 The initial annual salary of Employee shall be One Hundred Thirty -Six Thousand
One Hundred Forty -Seven and 28/100 Dollars ($136,147.28), which shall be payable in
installments at the same time as other employees of the Village are paid.
5.2 The Employee shall be entitled to receive a 5% salary increase for the second
year of the term and another 5% salary increase for the final year of the term.
5.3 In addition to salary increases granted pursuant to Section 5.2, the Village
Council agrees to evaluate the performance of the Employee to determine any adjustment in
annual salary and/or benefits at least once annually, pursuant to the terms of Section 6 of this
Agreement. Any additional adjustment in said annual salary and/or benefits shall be based upon
the result of the performance evaluation.
SECTION 6. PERFORMANCE EVALUATION
6.1 The Village Council shall review and evaluate the performance of the Employee at
least once annually in advance of the adoption of the annual operating budget. Said review and
evaluation shall be in accordance with specific criteria developed jointly by the Village and
Employee. Said criteria may be added to or deleted from as the Village Council may from time
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to time determine, in consultation with the Employee.
6.2 Prior to the beginning of each fiscal year, the Village Council and Employee shall
define such goals and performance objectives which they determine necessary for the proper
operation of the Village and in attainment of the Village Council's policy objectives and shall
further establish a relative priority among those various goals and objectives, said goals and
objectives to be reduced to writing. They shall generally be attainable within the time limitations
as specified and the annual operating and capital budgets and appropriations provided.
SECTION 7. HOURS OF WORK
Employee agrees to remain in the exclusive employ of the Village of Key Biscayne and
shall not accept any other employment during the term of this Agreement. Employee further
agrees to devote that amount of time and energy which is reasonably necessary for Employee to
faithfully perfoiiii her duties under this Agreement.
SECTION 8. AUTOMOBILE
The Village shall pay Employee a monthly transportation allowance in the amount of
Four Hundred Dollars ($400.00) as a benefit of employment and for use of her personal
automobile for Village purposes.
SECTION 9. RETIREMENT
The Village shall contribute into a retirement plan chosen by the Employee (the ICMA
401K Plan) by making a Village contribution as employer of 15% of Employee's annual salary.
SECTION 10. TUITION
The Village shall provide tuition benefits to Employee in the form of one hundred percent
(100%) tuition reimbursement not to exceed an annual amount of Two Thousand Dollars
($2,000.00).
SECTION 11. INSURANCE
The Village shall provide insurance benefits, including group health, disability and life
insurance in the same manner as provided other Administrative Employees of the Village.
SECTION 12. VACATION, SICK LEAVE AND HOLIDAYS
Employee shall be entitled to sick leave and holidays at the same rate and in the same
manner as other Administrative Employees of the Village. Employee shall be entitled to three
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(3) weeks annual vacation leave.
SECTION 13. PROFESSIONAL DEVELOPMENT
13.1 Subject to Village policy and state law, the Village agrees to pay the reasonable
professional dues and subscriptions of Employee necessary for her continuation and participation
as a member in national, regional, state and local professional associations and organizations
necessary and desirable for her continued professional participation, growth and advancement,
and for the good of the Village. Employee shall not hold office in any local, state, regional or
national professional association or organization without prior approval of the Village Council.
13.2 Subject to Village policy and state law, the Village agrees to pay the travel and
subsistence expenses of Employee for travel to either one national or one state association annual
conference per year.
SECTION 14. NOTICE
Notices pursuant to this Agreement shall be given by certified mail through United States
Postal Service delivery, addressed as follows:
Village
Employee
Village Attorney
Mayor and Members of the Village Council
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, Florida 33149
Jacqueline Menendez
141 Crandon Blvd. #435
Key Biscayne, Florida 33149
Weiss, Serota, Helfmnan, Pastoriza & Guedes, P.A.
2665 South Bayshore Drive Suite 420
Miami, Florida 33133
SECTION 15. OTHER TERMS AND CONDITIONS
15.1 If any provision, or any portion thereof, contained in this Agreement is held to be
unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or portion
thereof, shall not be affected and shall remain in full force and effect.
15.2 The waiver by either party of a breach of any provision of this Agreement by the
other shall not operate or be construed as a waiver of any subsequent breach by that party.
15.3 The rights and obligations herein granted are personal in nature and cannot be
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transferred by the Employee.
15.4 This Agreement contains the entire agreement of the parties. It may not be
changed orally, but only by an amendment in writing signed by the parties hereto
15.5 This Agreement shall be governed by Florida law and any litigation which may
arise from this Agreement shall be filed and litigated in Miami -Dade County, Florida.
15.6 This Agreement supersedes and replaces the prior Employment Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
and executed, in duplicate, on the day and year first written above.
Village of Key Biscayne:
By A4Z (Ce-t.t. C14 L.-----:
Mayor
Pursuant to Village Council Approval of
April 22, 2003.
acqu `►r e R. Menende
Approved as to For
Village Atti ney
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