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12/01/1979 Agreement EMPLOYMENT AGREEMENT COUNTY ADMINISTRATOR THIS AGREEMENT, made and entered into this 1st day of December, A.D. 1979, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, hereinafter called the "County", as Party of the First Part, and KERMIT H. LEWIN, hereinafter called "Employee", as Party of the Second Part, both of whom understand the following: WITNESSETH: WHEREAS, the County desires to employ the services of the said KERMIT H. LEWIN as County Administrator of the County of Monroe as provided by County Ordinance No. 13- 1977, and WHEREAS, it is the desire of the County Commission to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee, and WHEREAS, it is the desire of the County Commission to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when County may desire to other- wise terminate his employ; and WHEREAS, the Employee desires to accept employment as Administrator of said County; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set forth, the parties hereto agree as follows: Page 1 of 9 Pages 1 . EMPLOYMENT AND TERM OF EMPLOYMENT A. Monroe County hereby agrees to employ the Employee as County Administrator of Monroe County to perform the functions and duties set forth in this Agreement, and as specified by Florida Statutes 125.74 and other applicable laws and to perform such other legally permissible and proper duties and functions as the County Commission in open regular meeting shall from time-to-time assign to him. B. The Employee does hereby accept said employment in accordance with the terms of this agreement. C. His appointment shall be for a period of two (2) years, commencing December 1, 1979, and expiring, unless renewed on November 30, 1981. D. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the County Commission to terminate the services of the Employee at any time for cause. A cause sufficient to justify termination by the Board of County Commissioners shall be any of those matters described as "major offenses" in section 9.01 of the Monroe County Employment Policies and Procedures Manual as they now read and as they may be amended from time-to-time. E. 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 County, providing the Employee shall give the County Commission ninety (90) days notice in advance, unless the parties shall oterwise agree. F. The parties agree that the Employee shall retain his Career Service status and shall be subject to the same rules and regulations as other County employees, except if Employee is terminated without cause he shall automatically revert to the office of Director of Planning, Zoning and Building of Monroe County at a salary comparable with the salary he received upon leaving said office. Page 2 of 9 Pages G. Employee agrees to remain in the employ of the County until November 30, 1981, except as set forth herein. 2. POWERS AND DUTIES The Employee shall be responsible for the administration of all departments responsible to the Board of County Commis- sioners and for the proper administration of all affairs under the jurisdiction of the Board. To that end, the Employee shall by way of enumeration and not by way of limitation, have the following specific powers and duties to: A. Administer and carry out the directives and policies of the Board of County Commissioners and enforce all orders, resolutions, ordinances, and regulations of the Board to assure that they are faithfully executed. B. Report to the Board on action taken pursuant to any directive or policy within the time set by the Board and provide an annual report to the Board on the state of the County, the work of the previous year, and any recommendations as to actions or programs he deems necessary for the improve- ment of the County and the welfare of its residents. C. Provide the Board, or individual members thereof, upon request, with data or information concerning County government and to provide advice and recommendations on County government operations to the Board. D. Prepare and submit to the Board of County Commis- sioners for its consideration and adoption an annual opera- ting budget, a capital budget, and a capital program. E. Establish the schedules and procedures to be followed by all County departments, offices and agencies in connection with the budget and supervise and administer all phases of the budgetary process. Page 3 of 9 Pages F. Prepare and submit to the Board after the end of each fiscal year a complete report on the administrative activities of the County for the preceding year and submit his recommendations. G. Supervise the care and custody of all County property. H. Recommend to the Board a current position, classi- fication and pay plan for all positions in County service. I. Develop, install and maintain centralized budgeting, personnel, legal, and purchasing procedures. J. Organize the work of County departments, subject to an administrative code developed by the Administrator and adopted by the Board, and review the departments, administra- tion, and operation of the County and make recommendations pertaining thereto for reorganization by the Board. K. Select, employ, and supervise all personnel and fill all vacancies, positions, or employment under the jurisdiction of the Board. However, the employment of all department heads shall require confirmation by the Board of County Commissioners. L. Suspend, discharge, or remove any employee under the procedures adopted by the Board. M. Negotiate leases, contracts, and other agreements, including consultant services, for the County, subject to approval of the Board, and make recommendations concerning the nature and location of County improvements. N. See that all terms and conditions in all leases, contracts and agreements are performed and notify the Board of any noted violation thereof. O. Order, upon advising the Board, any agency under his jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he deems it necessary for the proper and efficient administration of the County government to do so. Page 4 of 9 Pages P. Attend all meetings of the Board with authority to participate in the discussion of any matter. Q. Perform such other duties as may be required of him by the Board of County Commissioners. It is the Board's intent to grant to the Employee only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of the County pursuant to I (e), Art. VIII of the State Constitution. To that end, the above specifically enumerated powers are to be construed as administrative in nature and in any exercise of governmental power the adminis- trator shall only be performing the duty of advising the Board of County Commissioners in its role as the policy- setting governing body of the County. Further, it is the intent of the Board that said Employee shall be the chief administrative official for Monroe County and shall be responsible for the administration of all departments which the Board has authority to control. Said Employee shall be directly responsible to the Board and shall implement and execute the policies of the Board as promulgated by the Board in open official meetings; pro- vided, however, that said Employee shall not have authority to establish County policy, which policy decisions are hereby declared to be the exclusive jurisdiction of the Board in exercising its responsibilities and duties purusant to the Constitution of the State of Florida or for any general or special laws enacted thereunder. R. Supervise the construction, acquisition, control, use and maintenance of all personal property, buildings, furnishings and equipment owned or leased by the County. S. Serve as a liaison between the governing body and other County officials, special tax districts within the County, municipalities within the County, the County Page 5 of 9 Pages government of other counties and all federal and state governmental agencies, officers and officials. 3. METHOD OF TERMINATION A. For Cause. A majority of three (3) Commissioners of the County Commission may remove the Employee from office for cause as set forth in Section 9.01 of the Monroe County Employment Policies and Procedures Manual in accordance with the procedures set forth in the County Administration Law of 1974 also known as Part III of Chapter 125 Florida Statutes as amended. B. Termination Without Cause. A majority of three (3) Commissioners of the County Commission may remove the County Administrator at any time without cause by enactment of a resolution at any regularly convened County Commission meeting in accordance with the procedures set forth in the County Administration Law of 1974 also known as Part III of Chapter 125 Florida Statutes as amended. Upon adoption of said resolution by the Board, the County Commission shall cause to be paid to the County Administrator, the balance due him in salary for the re- mainder of this two (2) year contract, together with payment for accrued annual leave not yet taken by him. Additionally, in the event that said County Admin- istrator is removed by the Board for cause under the pro- visions of 3. A. above and a Court of competent jurisdiction renders a judgment which shall become final after appeal or without appeal, that said removal for cause was without foundation in law or fact and constitutes an abuse of dis- cretion, then in that event, said removal shall then be deemed to have been a removal without cause under the provisions of 3. B. hereunder and said Employee shall be entitled to salary payment for the remainder of his two (2) year contract together with accrued annual leave not yet taken by him. In addition, he shall receive his reasonable Page 6 of 9 Pages attorney's fees and court costs incurred in successfully bringing said suit, but he shall not be entitled to re- instatement as County Administrator. In the event that the Board shall vote to abolish the office of County Administrator during Employee's term of office, the same shall be deemed a removal without cause under the provisions of this subsection. 4. REDUCTION OF SALARY The salary called for under this agreement may at any time during Employee's term be reduced by the Board of County Commissioners so long as said reduction is a part of an across-the-board reduction applicable to all County employees and so long as such reduction is no greater a percentage than the applicable across-the-board reduction for all County employees. 5. SALARY & BENEFITS The County agrees to pay Employee for his services, an annual salary of $33,000.00, payable bi-monthly. In addition to said salary, he shall be entitled to accrue annual leave in accordance with the Monroe County Employment Policies and Procedures in like manner as permanent employees and shall receive retirement, insurance and sick leave benefits as are provided permanent County employees. He shall be entitled to receive reimbursement for travel and lodging while on County business on an actual cost basis incurred and he shall keep receipts for such travel and lodging for auditing purposes. There shall be no requirement for prior approval in advance of travel outside of the County except in instances where it is known that said travel will require absence from the County exceeding three (3) working days. Said Employee shall be provided by the County with a suitable automobile, office, office equipment, office supplies and personnel as he shall deem necessary for performing his duties as County Administrator. Page 7 of 9 Pages 6. PERFORHANCE The Employee agrees to devote his time, energy and ability to the interest of the County and to faithfully perform his duties in an efficient and business-like manner and in full conformity with all rules, regulations and procedures as they exist at the time of the execution of this Agreement and as said rules, regulations and procedures may be amended subsequent hereto. 7 . COUNTY PROPERTY All files concerning County business in the office of Employee shall belong to and remain the property of the County. However, the Employee shall have the right during the term of his employment and after the termination of his employment to examine and copy all such records prepared by him. 8. NON-ASSIGNABLE RIGHTS The Employee's rights and obligations under this Agree- ment are personal to him and are not assignable. 9. INTERPRETATION OF AGREEMENT This Agreement shall be interpreted, construed, and governed according to the laws of the State of Florida and this agreement represents the entire and integrated Agree- ment between the County and the Employee and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by written instrument signed by both the County and the Em- ployee. 10. PROFESSIONAL DEVELOPMENT The County agrees to budget and to pay the dues and subscriptions of Employee necessary for full participation in national, regional, state and local associations and organizations necessary and desirable for the good of the County. Page 8 of 9 Pages The County agrees to budget and to pay the travel and subsistence expenses of Employee for travel. IN WITNESS WHEREOF, the parties hereto have subscribed their names and seals this day and year first above written. By (Seal) Attest: \/ ..,.:: /' "~21~~~c2 /~'r. /;i". ..~~~. /' . ..../// . p- " / t. lJ1--,-J / ,/ T H. LEWIN //. I . (------- " c..'<:.~~___-' ~ to signature LEWIN Page 9 of 9 Pages