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Resolution 210-1985 Charles Pattison RESOLUTION NO. 210_1985 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND CHARLES PATTISON, IN CONNECTION WITH EMPLOYMENT FOR THE POSITION OF DIRECTOR OF BUILDING, PLANNING AND ZONING. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, hereby approves and authorizes execution of an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Charles Pattison, a copy of same being attached hereto, in connection with employment for the position of Director of Building, Planning and Zoning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 9th day of July, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~".~.tJ...~~: ~~-~ Mayor/Chairman (Seal) Attest: DANNX L. KOIJIAGE, ~lerk ,hZL ~~~-', 12/' iller APPRO rp AS TO FORM A ~AL S~FFICIE~p BY (2-/ A_~L r</, Attorney's Office -lh A G R E E MEN T Agreement made this 9th day of July, 1985, by and between THE BOARD OF COUNTY COl'lNISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter.referred to as "County" and CHARLES PATTISON of Key West, Florida, hereinafter referred to as the "Director of Planning, Zoning and Building. WIT N E SSE T H: WHEREAS, The County desires to employ a full-time profes- sional to serve as its Director of Planning, Zoning and Building, and to oversee, operate, manage and supervise the said Depart- ments, and WHEREAS, Charles Pattison is duly qualified, competent and capable to perform the services describ~d herein, NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the County does, employ Charles Pattison and Charles Pattison does hereby accept employment pursuant to the terms and covenants contained herein. ARTICLE I Employment, Term and Termination 1.1 The County hereby employs Charles Pattison and Charles Pattison accepts employment with the County on the terms and conditions set forth in this Agreement. 1.2 Subject to the provisions of paragraph 1.3 relating to termina tion, the term of this Agreement shall be for eighteen (18) months commencing on the 22nd day of July, 1985; provided, however, that the County and Charles Pattison shall mutually have the option to extend such term for successive periods upon written notice of the County's desire to extend this Agreement delivered to and accepted by Charles Pattison sixty (60) days prior to the term for which such option shall be exercised. 1.3 This Agreement may be terminated as follows: (a) By either part"y (1) at the end of the term hereof as provided in paragraph 1.2 above, or (2) upon sixty (60) days written notice to the other; provided that in the event of any such termination by the County prior to expiration of the initial term of this Agreement, the County shall make the payments provided for in paragraph 1.4 of this Agreement, or (b) By the County at any time for cause. As used herein, "cause" shall be any reason as set forth in the County Employment Rules hereto adopted. 1.4 Upon the termination of this Agreement, the County shall make the following payments to Charles Pattison, including amounts already owed in reimbursable travel expenses and/or accrued annual leave: (a) If the termination is by the County during the term of this Agreement, except for a termination for cause when there shall be no payment, the County shall pay to employee a sum equal to the balance of employee's salary, together with payment for accrued annual leave not yet taken by the employee for the initial term of this Agreement under the provisions of Section 3.1 hereof. Full payment shall be made by the County within twenty (20) days of such termination. (b) If the termination is by the County at the end of this Agreement, the County shall not be responsible for any further payments to the Employee. ARTICLE II Duties and Time and Effort 2.1 Charles Pattison is hereby employed as the County's Director of Planning, Zoning and Building and shall serve in such capacity at all times during the term of this Agreement. As the Director, Charles Pattison shal1 be responsible for the proper management of said Department. Charles Pattison shall implement all policies of Monroe County and shall be responsible for the day-to-day operation of the. Department subj ect to the approval and direction of the County Commission. Charles Pattison shall have the right to hire and fire employees of the Building, 2 Planning and Zoning Departments in accordance with the Personnel Employment Policies of Monroe County with the concurrence of the County Administrator. Charles Pattison shall have the powers to utilize the budget expenditures that have been accorded to this Department and shall be able to utilize and spend those funds allocated for the Department of Planning, Zoning, and Building on a day-to-day basis. Charles Pattison shall perform any such duties as are reasonably incidental and customary to the position as may be interpreted and assigned by the County and generally all things necessary and convenient to the Department business. The duties of Charles Pattison may be changed from time to time by mutual consent of the aforesaid County and the aforesaid Charles Pattison. Notwithstanding any such change in employment Pattison shall be construed as continuing as modified. 2.2 Any public press releases that pertain to the affairs and business of Monroe County relating to the Building, Planning and Zoning Departments will be the responsibility of Mr. Pattison. 2.3 As long as Charles Pattison serves Monroe County under the terms of this Agreement, Charles Pattison shall be entitled to prepare and deliver written and oral opinions, reports and recommendations on all land use issues appearing before and being considered by Monroe County. 2.4 It is understood that the aforesaid Charles Pattison, unless consented to in writing by Monroe County, shall devote his total time and effort to the business of Monroe County and shall use his best efforts to preserve and protect the interest of Monroe County. 2.5 Charles Pattison shall prepare and submit to Monroe County an annual Department budget for the purpose of completing and implementing the Monroe County Comprehensive Plan which shall be consistent with the requirements of the Local Government Comprehensive Planning Act of 1975, as amended; the associated duties and responsibilities of the local planning agency and its staff requirements; and the Florida Environmental Land and Water Management Act of 1972, as amended. 3 ARTICLE III Compensation; Expen~e Reimbursement; Insurance; Compensatory Time; Leave; and Travel 3.1 The salary of Charles Pattison shall be payable in equal installments on the fifteenth (15th) day and final day of each month during the period of this employment. The amount of the salary shall be for. the first year at an annual rate of $40,000 and thereafter shall be as determined annually by Monroe County. In no event shall Charles Pattison's annual salary be less than $40,000 for any given year. 3.2 Monroe County shall reimburse Charles Pattison for the reasonable amount of all of his expenses incurred by him in the furtherance of the County's interests upon submission of properly documented expense reports to the extent that such expenses are reimbursable by law. All such expenses shall be limited to official travel and budgeted expenditures approved by Monroe County. 3.3 The County shall provide group life, retirement, health and accident and disability insurance for Charles Pattison to the extent and upon the same basis as such insurance is provided to Career Service Employees of Monroe County. 3.4 Charles Pattison shall appropriately approve compensa- tory time for non-supervisory personnel within the Department when such time is incurred for the business of Monroe County. 3.5 Charles Pattison shall be entitled to leave and holi- days on the same terms as Career Service Employees; however, due to commitment s previous ly made, and for the firs t year of this Agreement, an annual vacation of two weeks for the period August 5 through August 18, 1985, and an additional time without pay from October 17 through October 23, 1985 is hereby approved for the aforesaid Charles Pattison. Throughout the term of this understanding, sick leave shall be approved and expended under the terms provided for Career Service Employees. 3.6 Charles Pattison and Honroe County agree that travel funds authorized in the annual budget may be expended by the aforesaid Pattison and members of his Department approved by the usual standards to be used by the aforesaid Pattison to attend 4 planning conferences, seminars and other similar functions deemed appropriate as work-related activities of the aforesaid Charles Pattison. ARTICLE IV Incorporation of Building Department Into Department of Planning and Zoning It is understood and agreed by Charles Pattison that the Monroe County Building Department shall be incorporated into the Monroe County Department of Planning and Zoning within thirty (30) days of the execution of this Agreement. At all times after the consolidation of the Building Department, this Department shall have the authority to exercise all powers and approve all expenditures and contracts as are presently within the powers of the Monroe County Building Department and it shall be henceforth known as the Monroe County Planning, Zoning and Building Depart- ment. It is specifically the desire and intent of the parties hereto that the resulting combined Department shall be under the management and direction of Charles Pattison. ARTICLE V Computer Study; Implementation The County hereby agrees to appropriate the necessary funds to complete a feasibility" study for developing a computerized permit processing and monitoring function for the Department within one (1) year of the execution of this Agreement, and that following the results of that study, will make available the necessary funds to implement the study results as appropriate. ARTICLE VI Exemption from Career Service Status It is clearly understood by and between the parties to this agreement that the aforesaid Charles Pattison does not gain or obtain career service status in this agreement and that it is understood by these parties that the aforesaid Charles Pattison is an employee of the County.by contract and that all rights and privileges which he has obtained in his relationship with Monroe County is specified in this agreement. 5 ARTICLE VII Miscellaneous 6.1 The Agreement contains the entire Agreement of the parties with respect to its subject matter and supercedes any and all other Agreements, either oral or written, which have been between the respective parties. 6.2 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 6.3 If the County shall bring any aetion to enforce any provision of this Agreement, the County shall be entitled to recover from Charles Pattison the attorney's fees and costs incurred in connection therewith in addition to any other relief to which Monroe County may be entitled. 6.4 Should Charles Pattison bring any action to enforce any provision of this Agreement, he shall be entitled to recover from Monroe County his attorney's fees and costs incurred in con- nection therewith in addition to any other relief to which the aforesaid Pattison may be entitled. 6.5 Charles Pattison shall not assign this Agreement or any part hereunder without the prior consent, in writing, of Monroe County. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CHARLES PATTISON ,Witnesses BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman (Seal) Attest: 8 t. Clerk 6