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HomeMy WebLinkAboutItem B2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 29, 2010 (Marathon) Division: Bulk Item: Yes L No - Department: County Attorney Staff Contact Person/phone #: Suzanne Hutton 292-3470 AGENDA ITEM WORDING: Approval of amendments to contracts of County Administrator and County Attorney to change the language in the Compensation and Transportation paragraphs to meet the intent of the parties that the compensation be deemed general compensation, and comply with FRS. ITEM BACKGROUND: Auditors raised issue re treatment of transportation. The Clerk then made an inquiry of FRS. In order to stay consistent with the County treatment of transportation allowance as general compensation (1) for the terms of contracts with Current contracted employees, and (2) with past practice for prior County Administrators and County Attorneys, the language needs to be revised. The only cost relevant to County is that an amount is paid into FRS applicable to all elements of general compensation. FRS contributions, including those relative to the transportation compensation, have already been paid up to date for existing contract employees (administrator & attorney) and are currently budgeted for the remainder of the year, and included in the budget for FY 201lo Past rationale for the treatment was to avoid the cost of the paperwork involved in treatment as non-general compensation. Employment agreements of each are provided after the amendments (and mark-ups) in the back-up. FRS requested action prior to 7/20) the day before the next regular BOCC meeting. PREVIOUS RELEVANT BOCC ACTION: Approval of contracts for employment of County Administrator and County Attorney, 4/16, 2008, and 4/19/2006, respectively, and extension of contract with County Attorney 10/21/2009. CONTRACT/AGREEMENT CHANGES: Changes are shown on mark-up drafts following the respective amendments, showing changes with underlining (new) and strike-through (deletions). STAFF RECOMMENDATIONS: Approval. No change to cost for FY 2010. If a COLA is approved for FY 2011, the additional incremental cost of FRS contribution not currently included in the budget would be about $40 per year for both employees combined, plus there would be the amount of COLA applied against the amount previously called auto allowance, or an additional $448 per year combined, or a total, combined, of $500 .:t. TOTAL COST:-O- INDIRECT COST: BUDGETED: Yes ~No - - DIFFERENTIAL OF LOCAL PREFERENCE: Additional to budget COST TO COUNTY: -0- FYlO, possibly $500 FY 2011 SOURCE OF FUNDS: ad valorem REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH_ Year - APPROVED BY: County Atty ~OMBlPurChaSing_ Risk Management _ DOCUMENTATION: Included -.X Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 AMENDMENT TO EMPLOYMENT AGREEMENT COUNTY ADMINISTRATOR THIS AMENDMENT is made and entered into this 21st day of July, 2010, between the Board of County Commissioners of Monroe County, Florida, hereinafter ItCounty", and Roman Gastesi, hereinafter IIAdministrator.1I WHEREAS, on April 16, 2008, the parties entered into an agreement for County Administrator for the period May 12, 2008, through May 11,2012; and WHEREAS, the contract has been interpreted by the County's auditors and the Florida Retirement System (FRS) to preclude the inclusion in regular compensation, subject to state retirement calculations, of the automobile allowance; and WHEREAS, all prior Monroe County Administrators and prior and current Monroe County Attorneys, the employees of Monroe County normally under contract, have received automobile allowance as regular compensation, subject to FRS contributions and included in retirement calculations; and WHEREAS, both parties to this agreement contemplated that the compensation package, other than employee benefits listed in Paragraph 17, would be subject to County contributions to the FRS and included in the final average compensation computation for calculating retirement benefits; WHEREAS, the County has been making the contributions into the FRS for the compensation heretofore described as salary and automobile allowance; and WHEREAS, the parties find it in the best interests of both to amend the agreement to render the existing contract consistent with expectations of the parties; now therefore, IN CONSIDERATION OF the mutual covenants contained herein, The Parties agree as follows: 1. 2. The contract entered between the parties on April 16, 2008 shall be amended to revise paragraphs 8, 9, and 17.D to read, effective May 12,2008, as follows: 8. SALARY. As partial consideration for the agreements and services to be performed by the Administrator for the benefit of the BOCC and County as contained elsewhere in this Agreement, the BOCC will pay to the Administrator an annual salary of ONE HUNDRED SIXTY-THREE THOUSAND THREE HUNDRED DOLLARS ($163,300.00). After six months' employment and an opportunity for the Administrator and any commissioner to confer regarding County policies and the role of the County Administrator, that salary shall be raised to ONE HUNDRED SEVENTY-THREE THOUSAND THREE HUNDRED DOLLARS ($173,300.00), which amount shall be automatically increased on December 1, unless conflicting action is taken prior to that date. The salary shall be increased thereafter according to the County policy of cost-of-living and merit increases provided to other County employees. A. The salary shall be paid in installments at the same time and in the same manner as other County employees are paid, and will be subject to all legally required deductions. Currently, payments are paid in equal biweekly installments (26 pay periods per annum). B. Administrator shall be entitled to health, accidental death & dismemberment and life insurance coverage under County group policies. 9. TRANSPORTATION. Administrator agrees that he will be responsible for providing his own motor vehicle for transportation within the limits of Monroe County that may be necessary, required, or appropriate in fulfilling his responsibilities and duties under this Agreement. For travel out of Monroe County by motor vehicle, Administrator will be reimbursed by Board on a per trip basis at the rate allowed for under Chapter 112, Florida Statutes, with mileage calculated as if departure commenced at the Monroe County-MiamiDade County line and return ended at the Monroe County-MiamiDade County line. At its sole discretion, and upon request by Administrator, Board may authorize the reimbursement of Administrator's actual expenditures where documented evidence is provided detailing the actual expenses incurred. 17. D. Other Customary Benefits. The Administrator shall have the right to participate in and receive the benefits of other employment-related benefits, other than in-county mileage reimbursement, as are available to other non-union County employees. 2. In all other respects, the Agreement entered April 16, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective names on the date first set above. Mayor Sylvia Murphy - Mayor Pro Tern Heather Carruthers - Commissioner George Neugent - Commissioner Mario Di Gennaro - Commissioner Kim Wigington - (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson Amend Ag Co Admin re Camp. -2- , L ~'(~~_ f ~~ ~!l~~~r:.~;.,'......'" ..... ,,:t3f~ J.;: .-.&;72--!3)fo AMENDMENT TO EMPLOYMENT AGREEMENT COUNTY ADMINISTRATOR TIDS AMENDMENT is made and entered into this 21st day of July, 2010, between the Board of County Commissioners of Monroe County, Florida, hereinafter lICountyl\ and Roman Gastesi, hereinafter "Administrator." WHEREAS, on April 16, 2008, the parties entered intoa,H.agreement for County Administrator for the period May 12, 2008, through May 11, 2012; ~1,Il9;L,:,; WHEREAS, the contract has been interpreted by the,g6unfY;t~auditors and the Florida Retirement System (FRS) to preclude the inclusion in regu~ar corn.p~n~ation, subject to state retirement calculations, of the automobile allowance; anq,ii!h;, "\ ';,:i:, ':~."i' ~ 'c,:'"::" ,_"c<,._ ':_',___,_" WHEREAS, all prior Monroe County AdIl}.j!1iStrators ~nd prior and cJl'r~IlJMo.,.nroe :<~':\"::::'" .'>.. ';:-"''':;/-::--~'''-, ".,.,' County Attorneys, the employees of Monroe C01J1ltylIiQ;Qllally under contract, hav<;:;:r~ceived automobile allowance as regular compensation, subj~ttj!!9Jl~R~(~6i1trJbutions andUicluded in retirement calculations' and':;'n(,\,/ , \ij::;;/;;;:1'~;!~lj;11J>, WHEREAS, both parties to this agr.~~mynt contemplafe~!!h~t the compensation package, other than employee ben. efits listed in ParaID-..'...'...'..'a.. 'pbJ.l...!........'.....;Y'I.'.........o......uld be subj~~.:..t..f.JflCounty contributions to the FRS and included in the final average co~pensat~~P:~?J:Ilputatigrt;ifor calculating retirement benefits; "t/; .9 ';'"W,;>' .c,!$~!ij!~!~L!iJ~:!;1. ex;),:' WHEREAS, the;fCountyJh~s. been makin.g.,..the contributions into the FRS for the ",,<'$;< .~,j.:-,'~;;::;:,.,,:- compensation heretQfQl;~~;Q,escribeall~s salary and a~t,omobile allowance; and '7";ttl~~t!~1ty:);. .Ji~il;L;";, ';i'Y WHE~~S, the P;~!~~;fflinl:m~!r~~1l!18.'g'~&f interests of both to amend the agreement to render the ~~l~f1IigrCiQ~tfa,ct con~~t~nt wItiii"&xpectations of the parties; now therefore, !~f~;':;;:~c;'" O\:,::-;:':';ltt:i;;;,:~,;>~,;;;~~;,:;_. , ~~'{~~Jd~~lb/o IN CgjSIDERATIO:N-1Q::Jj).,the ~litn'~';QOvenants contained herein, The Parties agree as fOIlO~~\:t", c~, :," 1. 2. The c6~ft~ct entered g~tween the parties on April 16, 2008 shall be amended to revise paragraphs 8, 9,i~~~il2-D tOif~hd, effective May 12, 2008, as follows: W\ii<r?i;:.~~ .;,'i"';" ';~;';S:;""/';.3'f;, "</::./:c 8. SALARY. As"~~ial consideration for the agreements and services to be performed by the Administrator for tne benefit of the BOCC and County as contained elsewhere in this Agreement, the BOCC will pay to the Administrator an annual salary of ONE HUNDRED FIFfY FIVE THOUS.'\ND DOLL^..RS ($155,000.00) ONE HUNDRED SIXTY-THREE THOUSAND THREE HUNDRED DOLLARS ($163.300.00). After six months' employment and an opportunity for the Administrator and any commissioner to confer regarding County policies and the role of the County Administrator, that salary shall be raised to ONE HUNDRED SIXTY FIVE THOUSAND DOLL^..RS ($165,OOO.09j ONE HUNDRED SEVENTY-THREE THOUSAND THREE HUNDRED DOLLARS ($173,300.00). which amount shall be automatically increased on December 1, unless conflicting action is taken prior to that date. -rl 0 + 'S' lrto (rAf -\- h-e 0-- ctu t1: { G t..a. t"-yf J (nc'S ()(()fl1t't1l rt A. The salary shall be paid in installments at the same time and in the same manner as other County employees are paid, and will be subject to all legally required deductions. Currently, payments are paid in equal biweekly installments (26 pay periods per annum). B. Administrator shall be entitled to health, accidental death & dismemberment and life insurance coverage under County group policies. "',, _..,::<:._:,>-'.'.;V'~.., 9. TRANSPORTATION. Administrator agrees thClt:'I.fi~';";:;ill be responsible for providing his own motor vehicle for transportation within the lRfii~)B!Monroe County that may be necessary, required, or appropriate in fulfilling his resB9hsibiIifi~~.;and duties under this Agreement. In lie1:l of the preparation, maintenance, subrp~~siOp., re'/ie'?l;",,~ro./al, and auditing of detail travel expense reimbursements, and as partialj:Oasiderrltion for Rdm:j,J1istratorts entering into this l\.grcemcnt, Board agrees to pay to Admi~.istf~tor the sum of SL-X':H~~pRED FIFTY DOLL^~8 ($650.00) per month as and f'Or a tran:;portatffia-allowance. For trav~l,!gYJ;;Of Monroe i. - ",-.,_' .':':":,' .< __c.:..-. .."_'_":',~_'~.'''!' County by motor vehicle, Administrator will be reirllbg.r.sed by,;Board on a per tvp basis at the rate allowed for under Chapter 112, Florida Statutes,,*~~h!mileage ca1culated"as if departure commenced at the Monroe County-M~~,IniDade County li*~';Clnd return ended at the Monroe County-MiamiDade County line. At itStW~~~%.discretion, and.j"llPpn request by Administrator, Board may authorize the reimburseni~iflj;iiBt.k8-dministratOl:;~i;~gtual expenditures where documented evidence is provided detailingYUf aali~n~~Hy,~SeS incu,:fr~d. :,.,i, ~, ' (:;'1 ~.'. ,,;~ . ; ',"--' ,..., n' 'c' 17. D. Other Cus~gW:f:l~yBenefits. Tli~.~d~inisti~f~ffi.;~hal1 have the right to participate in and receive the ben~t:its"'OfQm.!1f employmen,krelated benefits, other than in-county mileage reimbursement. as a~;~;;~~~ilable to:'~ther non-unioll:County employees. . " '.' -' "'f-i(D:' _ ";;.:;-";-y/ 'i~(;,/,~;~..!: n.' _,' _ ."<_".,~ . __. ',', "i.;\,':.!:.,.:Jil&\!;t.;,':;;,<..,.. ...... ..... ..... 2. In aJ"~..~.~~~~~~~I?,~cts;tl!~i~.greement.~~te:red April 16, 2008, shall remain in full force and effect. /1~~~0jfL8:"" ..~ !,~, 'd"({r~1Ji:t~ll;!:jl;Br!. "';:0;;I\1L::;. .~~t\,j~):J:fb. C'\~.i::;':gT[~. T ;~,:,::':.::,:: '."'___~''':'' _ ,..'.<; I1'f'~~ESS WHERE~J:f, the parties have caused these presents to be executed in their respectiv~.~~es on the dat&~;mkst set above. ,j!~tltftflj@..:! l~j!:j: Mayor:'SY:l~~a Murp~y _ Mayor Pr(j4~~.1!1 ~l~~ther Carruthers ____ Commission'etj\~orge Neugent _ Commissione~1Mario Di Gennaro _ Commissioner Kim Wigington - (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By - Deputy Clerk Mayor/Chairperson Amend Ag Co Admin re Camp. -2- EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND ROMAN GASTESI FOR POSmON OF COUNTY ADMINISTRATOR TIllS AGREEMENT is entered into April 16, 2008, by and between Monroe County, Florida, acting through its Board of County Commissioners eBoard or IlBOCCn), a political subdivision of the State of Florida, whose main business address is 1100 Simonton Street, Key West, Horida 33040, and Roman Gastesi ('tAdministrator"), whose present residence address is 87200 Overseas Highway, Unit S-lO, Islamorada, Florida 33036. WHEREAS, the Monroe County is currently operating under the administration of an acting County Administrator; and WHEREAS, the BOCC has advertised for applicants for the position of Monroe County Administrator; and WHEREAS, after review of applications, meeting with selected applicants, and conducting interviews of four finalists, the BOCC has selected Roman Gastesi as its first choice to be offered the position of Monroe County Administrator; and WHEREAS, negotiations between Monroe County and Roman Gastesi has resulted in this mutually acceptable Employment Agreement ("Agreement"); now therefore, IN CONSIDERATION of the covenants and promises contained herein, the PARTIES hereby agree as follows: 1. EMPLOYMENT. Roman Gastesi is hereby employed by the BOCC as County Administrator for Monroe County, Florida (hereinafter "Administrator"). 2. FULL-TIME EMPLOYMENT. County and Administrator agree that the position of County Administrator will be a full-time position. Work hours performed, annual leave, personal leave, and sick leave hours taken will be documented on a form or forms to be provided by County. 3. DUTIES OF ADMINISTRATOR. A. Administrator will perform the duties of County Administrator as provided for' in Sections 125.70 through 125.74~ Florida Statutes, known as the tlCounty Administration Law of 1974"; all duties required by other applicable provisions of Florida law; all duties required by the Momoe County Code and lawfully adopted Resolutions of the BOCC; and all duties as may be set forth in administrative and personnel policies and procedures adopted by use by the County. B. Additionally, Administrator shall perform those duties, functions, and assignments which may from time to time be directed by the BOeC. Gastesi CcntraCI4-16-08 1 C. Duties shall be performed in a professional, respectful, and timely manner and in accordance with the highest standards of ethical behavior established by the Code of Ethics of the International City/County Manager Association and with Part III, Chapter 112, Florida Statutes, entitled Code of Ethics for Public Officers and Employees. D. Administrator understands and agrees his duties under this Agreement will require him to routinely work varied hours in excess of the normal County workday, and the hours worked shall be consistent with the needs of the position. Administrator shall not receive overtime compensation for hours worked in excess of forty (40) per week, including work done pre- or post-disaster, including but not limited to hurricanes. E. Nothing in this Agreement or in the BOCC's policies, rules, and procedures will limit the Administrator's right to make passive financial investments; to participate in charitable service or work with charitable organizations and other community activities, including trade and professional organizations; or to undertake other activities which do not interfere with the performance of the Administrator's duties under this Agreement, it being mutually agreed that the Administrator's participation in such activities is of such benefit to the HOeC and the County. F. The Administrator will be reasonably available to BOCC members and key County staff twenty- four (24) hours per day. Such availability will be by telephone or electronic messaging, or in person. G. Due to the nature of the Administrator's duties and the requirements of the position, interference with the Administrator's private life is to be expected and it is recognized that Administrator may from to time absent himself during normal business hours for personal reasons; however, Administrator shall remain reasonably available to Board members and key Board staff by telephone or other electronic means. 4. SOLE EMPLOYMENT. In partial consideration for the agreements to be perfonned by the BOCC for the benefit of the Administrator as contained elsewhere in this Agreement, Administrator agrees that he will not perform any work, consulting services, or other activities for any other person or entity, whether for remuneration or at no charge, without the prior express written approval of the BOCC. It is the intent that Administrator's attentions will be devoted solely to County~related duties and obligations. S. POST-EMPLOYMENT RESTRICTIONS. In partial consideration for the agreements to be performed by the BOCC for the benefit of the Administrator as contained elsewhere in this Agreement, Administrator agrees that for a period of twenty-four (24) months from the effective date of termination or cancellation of this Agreement, Administrator will not personally appear on behalf of another person or entity for compensation before the BOCC sitting in its legislative or quasi-judicial capacity, unless Administrator is appearing on behalf of another governmental agency. Additionally, Administrator agrees that for a period of twenty~four (24) months from the effective date of termination or cancellation of this Agreement, Administrator will not lobby the BOCe sitting in its legislative or quasi-judicial capacity. For purposes of this section, "lobbies" and ulobbyist" will have the same meaning as defined in Section 112.3215{d) and (e), Florida Statutes. This section will survive the termination or cancellation of this Agreement, but may be waived by a majority vote of the Boce at a public meeting. 6. DISCLOSURE OF FINANCIAL INTERESTS. Section 112.3145, Florida Statutes, requires financial disclosure by a "local officer", and subsection (1)(a)3, defines local officer to include any person holding one or more of the following positions: ...county...manager; chief administrative employee of a county...". Administrator agrees to make such disclosures on such forms and at such times as may be required by state law. Gastesi Contract 4-16-<l8 2 7. TERM OF AGREEMENT; TERMINATION; CANCELlATION; GENERAL RELEASE. A. Normal Term of Agreement. The normal term of this agreement shall be for a period of forty- ei~t (48) months, commencing at 8:00 AM. on the 12th day of May, 2008, and ending at 5:00 P.M. on the 11tb day of May, 2012. B. Extension of Normal Term. This Agreement may be renewed for periods of one year by written agreement executed by both parties unless either the BOCC or the Administrator gives the other notice of its or his intent to terminate the Agreement. Such written notice shall be given not less than ninety (90) days prior to the normal expiration date of this Agreement, or sixty (60) days prior to the expiration of any renewal term year, as applicable. Once either party gives written notice under this section, this Agreement will not be modified or extended except as may be mutually agreed, in writing, by and between the BOCC and the Administrator. C. Termination of Agreement by BOCC for Cause. This Agreement may be terminated by the BOCC for cause, only by majority vote of the BOCC at a public meeting duly noticed and held. At least fifteen (15) days prior to the date on which the agenda for the BOCC is prepared that contains the item of termination to be acted upon, BOCC shall provide to the Administrator a detailed written statement of the reason or reasons for which termination is being sought. The statement will include, but not be limited to, the act or acts, omission or omissions, or default or defaults which form the basis for which termination is sought, along with the relevant date or dates, time or times, and location or locations. As used in this Section 7, lior cause' will mean (a) dishonesty with respect to the business and operation of the BOCC; (b) confirmed violation of the BOCC's drug policy; (c) refusal to cooperate in an investigation regarding any aspect of the business or operation of the BOCC or County, which investigation is conducted by or at the express direction of the BOCC, the State Attorney, or any federal or state agency with jurisdiction over the matter under investigation; (d) conviction of a crime which is classified as a felony or a crime involving moral turpitude; (e) gross neglect or willful and intentional misconduct; (f) conviction of a crime directly relating to the powers, duties, or privileges of County Administrator; (g) violation of a provision of the Monroe County Code; (h) repeated or egregious violation of County policies adopted in writing by the BOCC; and (i) breach of any material term or condition of this Agreement by the Administrator. In the event that the Administrator prevails in any litigation challenging his termination for cause, he shan receive from the BOCC his reasonable attorneys' fees, costs of litigation, and related expenses, both at the trial and appellate levels. D. Termination of Agreement by Administrator for Breach by Boec. This Agreement may be terminated by Administrator upon a breach of this Agreement by the BOCC, provided the BOCC has not cured the breach within thirty (30) days following the notice of the breach. If the breach has not been cured, termination will be effective on the thirty-fust day following receipt of written notice from the Administrator by the BOCC. Upon termination of this Agreement due to breach by the BOCC, the Administrator shall be entitled to receive the prospective benefits as if this Agreement had been cancelled by the BOCC. E. Termination of Agreement by Normal Expiration. This Agreement shall terminate upon its nonnal expiration date as stated in Sub-section 7.A unless renewed under the terms of Sub-section 7.B. F. Cancellation of Agreement by ooce. The BOCC may cancel this Agreement without cause, effective thirty (30) days after giving written notice to the Administrator. Such cancellation will be by a Resolution adopted by a majority vote of the BOCC at a duly noticed public meeting. Upon the effective date of the cancellation, the Administrator will be entitled to receive from the Board, and within fifteen (15) days will be paid by the BOCC, a sum equal to the cost of three months' health insurance premiums for Gaslesi Contract 4-16..()8 3 employee coverage only plus, after six months' employment~ a swn equal to six months' salary. (i) General Release. Upon timely payment by the BOCC of the sum required for cancellation without cause, the Administrator will execute a general release in favor of all officers, members, and employees of the BOCC and County relating to any cause or causes of action the Administrator has, had, or may have related to the Agreement and the cancellation thereof The general release will encompass all applicable federa1~ state, and local laws and ordinances relating to claims of illegal discrimination, intentional and unintentional torts, whistle blower rights, and all other types of claims whether known or unknown through the date of cancellation_ To the extent that it is prohibited by applicable federal, state or local law, this provision will be deemed void and of no effect. G. Termination of Agreement by Resignation of County Administrator. This Agreement will be tenninated upon the effective date of resignation by the Administrator. In the event that the Administrator does not give at least sixty (60) days written notice to the HOCC of his effective date of resignation, Administrator shall forfeit the pay of accrued sick and personal leave provided under County policy for all employees, which shall not be a penalty but shall be considered as compensation to the BOCC to be used at the discretion of the BOCC for the costs and expenses of hiring an interim administrator or replacement administrator. This section shall survive the termination or cancellation of this Agreement. H. Abolishment of Position of County Administrator. If the BOeC takes such action as to lawfully abolish the position of County Administrator during the term of this Agreement, the abolishment of the position~ for the purposes of this Agreement, shall be deemed to be a termination of this Agreement by cancellation by the BOCC. 8. SALARY. As partial consideration for the agreements and services to be performed by the Administrator for the benefit of the BOCC and County as contained elsewhere in this Agreement, the BOCC will pay to the Administrator an annual salary of ONE HUNDRED FIFTY-FIVE THOUSAND DOLlARS ($155,000,00). After six months' employment and an opportunity for the Administrator and any commissioner to confer regarding County policies and the role of the County Administrator, that salary shall be raised to ONE HUNDRED SIXTY -FIVE mOUSAND DOLLARS ($165,000.00), which amount shall be automatically increased on December 1, unless conflicting action is taken prior to that date. The salary shall be increased thereafter according to the County policy of cost-of-living and merit increases provided to other County employees. A. The salary shall be paid in installments at the same time and in the same manner as other County employees are paid, and will be subject to all legally required deductions. Currently, payments are paid in equal biweekly installments (26 pay periods per annum). B. Administrator shall be entitled to health, accidental death & dismemberment and life insurance coverage under County group policies. 9. TRANSPORTATION. Administrator agrees that he will be responsible for providing his own motor vehicle for transportation within the limits of Monroe County that may be necessary, required, or appropriate in fulfilling his responsibilities and duties under this Agreement. In lieu of the preparation, maintenance, submission. review. approval. and auditing of detail travel expense reimbursements. and as partial consideration for Administrator1s entering into this Agreement, Board agrees to pay to Administrator the sum of SIX HUNDRED FIFrY DOLIARS ($650.00) per month as and for a transportation allowance. For travel out of Monroe County by motor vehicle, Administrator will be reimbursed by Board on a per trip Gaslesi Contract 4-16.08 4 basis at the rate allowed for under Chapter 112, Florida Statutes, with mileage calculated as if departure commenced at the Monroe County-MiamiDade County line and return ended at the Monroe County- MiamiDade County line. At its sole discretion, and upon request by Administrator, Board may authorize the reimbursement of ActlrtilL;sf. actual expenditures where documented evidence is provided detailing the actual expenses incurred. rttJorJs 10. TRAVEL REIMBURSEMENT. The HOeC agrees to pay to or reimburse the Administrator for the costs of mileage, meals, other expenses and lodging incurred by the Administrator for travel outside the County by any mode other than motor vehicle that may be necessary, required, or appropriate in fulfilling the Administrator's duties and responsibilities under this Agreement. Meals, expenses other than mileage, and lodging will be paid for or reimbursed at the rates provided for by applicable Monroe County Code provisions, and shall be consistent with the provisions of this Agreement. At its sole discretion, and upon request by the Administrator, the HaeC may authorize the reimbursement of the Administrator's actual expenditures where documented evidence is provided detailing the actual expenses incurred. 11. FLORIDA RETIREMENT SYSTEM. The BaCC agrees that the position of County Administrator will be a position classified as, and eligible for the benefits provided under, the Senior Management Service Oass, in accordance with Section 112.055, Florida Statutes. The BaCC will contribute such amounts at such times as is required by the Florida Retirement System law, and any other applicable law or statute. 12. PROFESSIONAL MEMBERSmps. The Administrator shall, as a minimum, maintain membership in the following professional organizations and interest groups: International City/County Managers Association and Florida City/County Managers Association. All dues, occupational licenses, fees, and costs for obtaining and maintaining the memberships delineated above will be paid for by the BOCC. 13. LOCAL LIAISONS AND MEMBERSHIPS. The Administrator shall establish and maintain liaisons with his counterparts in local governmental and public agencies located within the geographical limits of Monroe County, and with such agencies of the State of Florida and the federal government as may be appropriate and desirable. Any reasonable costs, fees, charges, or other expenses incurred in establishing and maintaining these liaisons shall be reimbursed or paid for by the BOCC. Additionally, the Administrator is authorized to become a member of civic clubs or organizations deemed to be appropriate by Administrator, and the costs of membership shall be paid for by the BOCC; provided, however, that the costs of membership and participation in such civic organizations shall not exceed ONE THOUSAND DOLLARS ($1,000.00) each fiscal year. 14. OFFICE SPACE; OFFICE STAFF; AND SUPPORTING SERVICES. A. Office Space. The BOCe will provide office space for the Administrator at the Historic Gato Cigar Factory Building at 1100 Simonton Street, Key West, Florida, and this space will be the primary office for the Administrator. B. Staff. The BOCC will provide qualified and trained staff to assist the Administrator in efficiently, productively, and professionally meeting the mission, goals and objectives of the office of the County Administrator and the duties of Administrator, C. Supporting Services. The BOCC will provide utilities, telephone service, computer hardware and software, electronic research and e-mail services, world wide web and internet access, books and Gastesi Contract 4-16-08 5 subscriptions, periodicals, office supplies, photocopy equipment, county web-page presence and server access and storage space. postage, office equipment and furniture. an other similar materials, equipment and services as may be necessary for the proper. productive, and efficient operation of the County Administrator's office. 15. ANNUAL LEAVE; SICK LEAVE; PERSONAL LEAVE; TRANSFER OF LEAVE. A. The Administrator will earn and be credited with annual leave at a rate per month equal to the highest rate earned by any other employee or officer of the BOCC. The Administrator may accumulate annual leave without limit and no unused annual leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. B. The Administrator will earn and be credited with sick leave at a rate per month equal to the highest rate earned by any other employee or officer of the BOCC. The Administrator may accumulate sick leave without limit and no unused sick leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. Additionally, the Administrator shall have the option of joining and receiving the benefits of the Monroe County Sick Leave Pool in accordance with the policies and procedures that are applicable and in effect. C. The Administrator will be credited with five (5) days of paid personal leave each year, commencing with the date of May 12,2008, and each anniversary of that date thereafter. Such leave may be used by the Administrator at his discretion, and may be accumulated without limit, except that any accrued such leave shall not be included in final payment when this agreement terminates for any reason. 16. PARTICIPATION IN EDUCATIONAL AND COUNTY-RELATED EVENTS. The BOCC agrees to budget for and to pay the costs incurred by the Administrator in attending seminars, continuing education courses, BOCC and County-related events and out-of-county meetings as may be necessary or appropriate to the Administrator's duties and responsibilities under this Agreement. 17. EMPLOYMENT BENEFITS. A. Cell Phone; Laptop Computer. The BOCC agrees to provide a cell phone of its choice with a carrier of its choice to the Administrator, and shall provide a laptop computer of its choice to Administrator. The costs of acquisition, use, upgrade, and other expenses related to the supplying and use of the cell phone and laptop computer shall be paid for by the BOCC. B. Health, Medical, Dental, Vision, and Related Benefits. The BOCC agrees to make available to the Administrator all health, medical, dental. vision, and related benefits as it currently offers to other non- union County employees. under the same terms and conditions as offered to other non-union County employees, and as may be changed, amended, deleted, or added to from time to time. The BOCC shall pay the premiums required for single medical coverage for the Administrator, and the Administrator shall be responsible for the premiums required for individual dental and vision coverage and dependent coverage. C. Holiday Benefits. The Administrator will receive the same paid holidays as the County's non- union employees receive. D. Other Customary Benefits. The Administrator shall have the right to participate in and receive the benefits of other employment-related benefits as are available to other non-union County employees. Gastesi Contract 4-16-08 6 E. One-time Relocation Expense. The salary set forth in Section 8 has been negotiated to include the maximum amount of relocation expense reimbursement which would have been available to an administrator hired from outside the county since the Administrator had a home in Monroe County prior to the time of hire. F. Bonds. The BOCC will obtain a fidelity bond and any other applicable bonds covering the Administrator while employed during the term of this Agreement, and the costs and expense of obtaining and maintaining such bonds shall be paid for by the BOCC. 18. INDEMNIFICATION AND COOPERATION. A. Indemnification. The BOCe agrees to defend, hold harmless, and indemnify the Administrator against any lort, professional liability, or other legal demand, claim, or action which is related directly or indirectly to the Administrator's action in his capacity as County Administrator. B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings involved the BOCC or the County which arises out of an action or actions which occurred or are alleged to have occurred while the Administrator was acting in the capacity of County Administrator, the Administrator will cooperate with the BOCC and its counsel in defending and resolving the litigation or proceeding. In such regard, the BOCC agrees to pay the Administrator's reasonable travel and subsistence expenses incurred in cooperating with the BOeC and its counsel, including preparation for and actual discovery, settlement, and trial and hearing of such matters. (i) The Administrator agrees that, unless required by law, he will not cooperate with or assist any party, person, or entity who has, had, or may have, or asserts that he, she or it has or may have any claim of any nature against the BOCC or the County, its agents, officers, or employees, unless tbe BOeC or its authorized agent expressly consents in writing to waive this provision of this Agreement. (ii) The Administrator will not disclose to any person, party, or entity any confidential, proprietary, time-sensitive, Or non-public information relating to the BOCC, the County, and its operations unless required by law to do so. (iii) The restrictions, prohibitions, and conditions set forth in Section 18.B(i) and (ii) will not be applicable in instances where one or more governmental entities with jurisdiction over a claim or a violation of law are involved. 19. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made in the State of Florida and will be governed by Florida law. The prevailing party in any litigation, arbitration, or mediation relating to this Agreement will be entitled to recover its reasonable expenses and attorneys' fees from the other party for all matters, including but not limited to, appeals. Momoe County, Florida will be the proper venue for any litigation involving this Agreement. 20. FORM OF AGREEMENT. This is the entire agreement between the BOeC and the Administrator and may not be modified or amended except by a written document signed by the party against whom the enforcement is sought. This Agreement may be signed in more than one counterpart, in which case each counterpart will constitute and original of this Agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular will include the plural, the plural will include the singular, and pronouns will be read as masculine, feminine, or neuter as the context requires. Gastesi Contract 4-16-08 7 " " 21. PERFORMANCE EVALUATION. The BOCC and Administrator shall periodically define goals, performance objectives, relative priorities, and time lines for performance which the BOCC and Admini~trator mutually agree are minimally necessary for the proper operation of county government and achievement of the BQCC's policy objectives. The mutual agreement shall be memorialized by a Resolution or Resolutions of the BOCC, and the Resolution or Resolutions shall become the basis for review and evaluation of the Administrator's work performance. A review and performance evaluation of the Administrator may be conducted as often as the BaCC may deem appropriate. 22. OTHER TERMS AND CONDmONS. A. If any provision, term, or portion of this Agreement shall be held to be unconstitutional, illegal, invalid, or enforceable by a court of competent jurisdiction, the remaining terms, conditions, and portions shall remain in full force and effect as if originally agreed to without the term, condition, or portion that has been determined to be unconstitutional, illegal, invalid or unenforceable. B. The waiver by either the BOCC of the Administrator of a breach or violation of any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach or violation by the other party. C. This Agreement shall be binding upon and shall inure to the benefit of the heirs or estate of the Administrator. D. Should the Administrator die during the term of this Agreement, the obligations of the BOCC under this Agreement shall immediately terminate except for payment of accrued and unused leave balances to the Administrator's designated beneficiaries of his estate; payment of all outstanding hospitalization, medical, dental, and vision bills in accordance with the County's plans, policies, and procedures; and payment of all life insurance benefits in accordance with the terms of the County's insurance policies or plans. E. The BOCC and Administrator acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court or administrative hearing officer shall construe any provision of this Agreement more strictly against one party over the other party, and every term, condition, covenant, and provision of this Agreement shall be construed simply according to its fair meaning. F. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. It is further agreed that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein, and no deviation from the terms hereof shall be predicated upon any prior representations, offers, promises, inducements, or agreements, whether oral or written, and by whomever made. The text herein constitutes the entire agreement between the BOCC and the Administrator, and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. Gastcsi Colltnlct 4-16.08 8 . . G. The rights and obligations of this Agreement are personal to the Administrator and cannot be assigned, transferred, or otherwise impaired by the Administrator. BOARD OF COUNTY COMISSIONERS OF By: MONROiNTY. FlORIDA Mayor/Ch8Jr a~ By:~42 ~ -., ::t ..... e::t ,-- 0...... c;D~- ';;!: '!;: ~ :-11 ?::l n :;: -0 ::;:; 0..-" ::;:0 "., r.,.,~-- ., . -^ - "J r;o. I'" -..a ';:;3 (:)0:" . ~~, ~ ~ .-- r,-. c".) -' "po co MONROE COUNTY ATTO EY f.\PP'ROVEO AS T Gastesi Contract 4-16-08 9 AMENDMENT No.2 TO EMPLOYMENT AGREEMENT COUNTY A'ITORNEY THIS AMENDMENT is made and entered into this 21st day of July, 2010, between the Board of County Commissioners of Monroe County, Florida, hereinafter t1County", and Suzanne A. Hutton, hereinafter "Attorney." WHEREAS, on April 19, 2006, the parties entered into a 4-year agreement for employment of Attorney as the County Attorney, commencing on May 1,2006; and WHEREAS, on October 21, 2009, the parties extended that agreement for a period of 18 months from May 1,2010, through October 31, 2011; and WHEREAS, the contract has been interpreted by the County's auditors and the Florida Retirement System (FRS) to preclude the inclusion in regular compensation, subject to state retirement calculations, of the automobile allowance; and WHEREAS, all prior and current Monroe County Administrators and prior Monroe County Attorneys, the employees of Monroe County normally under contract, have received automobile allowance as regular compensation, subject to FRS contributions and included in retirement calculations; and WHEREAS, both parties to this agreement contemplated that the compensation package, other than employee insurance benefits, would be subject to County contributions to the FRS and included in the final average compensation computation for calculating retirement benefits; WHEREAS, the County has been making the contributions into the FRS for the compensation heretofore described as salary and automobile allowance; and WHEREAS, the parties find it in the best interests of both to amend the agreement to render the existing contract consistent with expectations of the parties; now therefore, IN CONSIDERATION OF the mutual covenants contained herein, The Parties agree as follows: 1. The contract entered between the parties on April 19, 2006, as amended on October 21, 2009, shall be amended to revise paragraphs 6, and 7 to read, effective May 1,2006, as follows: 6. Compensation. A. Amount. The Board will pay to Attorney, as and for a base salary, the sum of ONE HUNDRED FIFfY -SIX_THOUSAND DOLLARS SIX HUNDRED ($156.600.00) per annum for the first year of employment. The base salary shall be increased after one year, on May 1, 2007, by SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500), and, thereafter according to the County policy of cost-of-living and merit increases provided to other County employees. B. Payment. Base salary payments will be paid in equal biweekly installments (26 pay periods per annum), or as otherwise may be mutually agreed to in writing. C. Professional Certification. Attorney is certified by the Florida Bar as a specialist in City, County, and Local Government Law. Pursuant to Sec. 2-360(c), Monroe County Code, Attorney shall be paid $250.00 monthly in addition to the base salary, as adjusted for cost-of-living and merit increases. D. Attorney shall be entitled to health, accidental death & dismemberment and life insurance coverage under County group policies, and shall retain the right to the health insurance coverage available to retirees who were hired prior to October 1, 2001, pursuant to Resolution No. 119- 2001, as modified by Resolutions No. 154-2003 and 354-2003. Nothing in this agreement shall set aside Attorney's rights under the "Rule of70," 7. Transportation. Attorney agrees that she will be responsible for providing her own motor vehicle for transportation within the limits of Monroe County that may be necessary, required, or appropriate in fulfilling his responsibilities and duties under this Agreement. For travel out of Monroe County by motor vehicle, Attorney will be reimbursed by Board on a per trip basis at the rate allowed for under Chapter 112, Florida Statutes, with mileage calculated as if departure commenced at the Monroe County-Miami-Dade County line and return ended at the Monroe County-Miami-Dade County line. At its sole discretion, and upon request by Attorney, Board may authorize the reimbursement of Attorney's actual expenditures where documented evidence is provided detailing the actual expenses incurred. 2, In all other respects, the Agreement entered April 19, 2006, as amended October 21, 2009, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective names on the date first set above. Mayor Sylvia Murphy - Mayor Pro Tem Heather Carruthers - Commissioner George Neugent - Commissioner Mario Di Gennaro - Commissioner Kim Wigington - (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson Amend Ag Co Atty re Comp, -2- AMENDMENT No.2 TO EMPLOYMENT AGREEMENT COUNTY ATTORNEY THIS AMENDMENT is made and entered into this 21st day of July, 2010, between the Board of County Commissioners of Momoe County, Florida, hereinafter "County't, and Suzanne A. Hutton, hereinafter "Attorney.1I WHEREAS, on April 19, 2006, the parties entered into'B-,4-year agreement for employment of Attorney as the County Attorney, commencing on M<l,yt;i'2Q06; and _:L,"" '." WHEREAS, on October 21, 2009, the parties extendeq,;91~f,~&~ement for a period of 18 months from May 1,2010, through October 31, 2011; and < ,ii,:';;;;:i:!Ec:, t;'~ffn~Ql~~,_, _ ~':~~~:~.<~:<;c:;;(}~~h;:,:~~:\::;_ WHEREAS, the contract has been interpret:~)jBy'ti1g\County's aU'di!9!1and the Florida Retirement System (FRS) to preclude the inclusJp,i'in regular compensatiOQi,~Hbj~~t to state retirement calculations, of the automobile allowan~, ^ "'.,"" WHEREAS, all prior and current Momoe County;~~inistrators and prior Momoe County Attorneys, the employees of MO~ge County normaltM!~i!!!der contract, have received automobile allowance as regular compens~!!gn~,,~ubject to FRS%~'~~tfibutions and included in retirement calculations; andc;l;;~;!:::'?;fft<';':':::is';,j;, '%:;;>. ""~wt~~~~jyf;: WHEREAS, both p~rties to this agre6fue~ti;~hi6:iriR!~!~9that the compensation package, other than employee inSU~(;l.I:@~:,J?:~l!efits, would<'~~j;Subject to '~ounty contributions to the FRS and included in the final a'?~i~g~ 26Rf~~!!sation comp~.tation for c'alculating retirement benefits; ;:iJ1:1Hr,~ijl~~;j;, .'~~~IJj'{~li:!.. .'./ WHEREAS, the::~g:~1~ty q~,~;,,~~een making ilj~;tontributions into the FRS for the compensation h~Eetofore de~~r!~9'H~~sli~ID~~:(;~~L~Jitomobile allowance; and .:...;:;,;:;......'...!.'..:i;J:;:>......... ~1~~ljl:il1'lb.... ,,:~:"iS!.:'j::fl:1j~W7" ~REAS,;'tI1~jg~Fties.<'&~~:,,~t in. the best interests of both to amend the agreement to rendepm~,existing contdic,t;fQnsisten!i:~1!h'expectations of the parties; now therefore, .,., ....:mw',')'J'jjJ:1;1;, Jj~:li;Y IN CONSIIl~BATION OF~,t~~ muthal covenants contained herein, The Parties agree as follows: ':;r.........:...... 'LEi:r . . -. .-,--- -'_. , ." - . ..-- ., . . '.-.. ..' . . c. ,.. .._' ... .,. ..,',".' -; '..!.~,_:..!:,'.: ;-;."; i,. ;.-.~. ,." i ''',-.'.'."'-.-:. .-,.... , ; ~:... ': .,~ '-:' ,-~....":' ".-.... .'.- .,.: 'C.: ~ ': ,.:. 1. The contract eIit'6~~~..;9;~t\Veen the parties on April 19, 2006, as amended on October 21, 2009, shall be amend~';JOrevise paragraphs 6, and 7 to read, effective May 1,2006, as follows: 6. Compensation. A. Amount. The Board will pay to Attorney, as and for a base salary, the Slim of ONE HUNDRED FIFfY SIX THOUSAND DOLLARS SIX HUNDRED ($150,000.00 156,600.00) per annum for the first year of employment. The base salary shall be increased after one year, on May 1. 2007, by SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7500), and thereafter according to the County policy of cost-of-living and merit increases provided to other County employees. B. Payment. Base salary payments will be paid in equal biweekly installments (26 pay periods per annum), or as otherwise may be mutually agreed to in writing. C. Professional Certification. Attorney is certified by the Florida Bar as a specialist in City, County, and Local Government Law. Pursuant to Sec. 2-360(c), Monroe County Code, Attorney shall be paid $250.00 monthly in addition to the base salary, as adjusted for cost-of-living and merit increases. D. Attorney shall be entitled to health, accidental death & dismeIl!g~hn~nt and life insurance coverage under County group policies, and shall retain the right tg;;\t~e health insurance coverage available to retirees who were hired prior to October 1, 2001, APru:m~,ept to Resolution No. 119- 2001, as modified by Resolutions No. 154-2003 and 354-20Qg:tNottijIlg)n this agreement shall set aside Attorney's rights under the "Rule 0[70." J~:~' '<:! 'Ai;:'!>;; fBlll~tS!l~i\<1, "> i'\\i<'~::;, 7. Transportation. Attorney agrees that )~g~;iwill be responsible fdtnI,9yiding her own ~ .-[:'<;',""-'" f", ;'_,':".::-r:'~c~.:_"/ _ ::': mot~r vehIcle for t~ans~ortati~n. wit~in the lin.1$~J:r~~I~!"1onroet~kounty th~t m:a~i:\~~:)necessa.ry, reqUIred, or appropnate 1ll fulfllhng hIS responslblhtIe~j:aIld duJ~~si~under thIS Agr~ement. In hell ~,'}<'A~_;'h_, _ .,~y,~o,~'" "''''' .,:-<,;" of the preparation, maintenance, submission, rcview,'u~,~9K~al, artd auditing of detail travel expense reimbursements, and as pB:!,!ial consideration;;~~!Qri: }..ttorney's entering into this /'..greement, Board agrees to pay to Attom~y:;..the sum of FI'1E,~WJNDRED FIFTY DOLLARS ($550.00) per month as and for u transpo~~tib'0~':!;I:UQwance. Foi:tt~~,~li,;out of Monroe County by motor vehicle, Attorney will be reimburse(:flj!?y'iB6~91h~~i:a per triij~B~sis at the rate allowed for under Chapter 112, Florida Statutes, with nii!~age ,,~arcm~t~g",q,~,Jf departure commenced at the "::':-:_, ,:~~..';~:" ~\-,: .~_ ,.~-,. ,;-::_,-,::::: '.:'_ ,._,_'-:::. :'_': f Monroe County-Miami-J),il4~jj~;Q,!lnty line andjii!~lurn endea:\~p);the Monroe County-Miami-Dade C~unty line. At its S~A,~\~1Higcr~~~~~, and upo~;;~~quest by Attorney, Board. may a~thorize. the reImbursement of4!!g!pey' s acm~l expendItur~~ where documented eVIdence IS prOVIded detIDling the^::::~~~--.,)# 2. I~"aIfioth(Hre~R~~,!S, th~;j~m~ement entered Apri119, 2006, as amended October 21, 2009 ,sHaIl remain in fllI'Ufbrce ancr1ifIect../, ,;;<;ii,;;'j'ia.i1i;>. ;;(j4t~1~~~m1; '~~l~!~rJlf!v IN WfI1~~~S WHEREq~~ithe paf'ties have caused these presents to be executed in their respective ml:nt~;~,fm the date 'm~t set above. MaYor~\~~J: Mayor Pro Tem:iHeather Carruthers - '<'."ii-:/ - CommissionevJ'George Neugent Commissioner Mario Di Gennaro - Commissioner Kim Wigington = (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson Amend Ag Co Atty Ie Compo -2- EMPLOYMENT AGREEMENT THIS AGREEMENT is entered into the 19th day of April, 2006, by and between the Board of County Commissioners of MOlUoe County ("Board), Florida, a political subdivision of the State of Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, and Suzanne A. Hutton, an attorney licensed to practice law in the State of Florida, ("Attorney"), whose residential address is 551 Pine Lane, Big Pine Key, Florida 33043, WHEREAS, Attorney is presently filling the position of Interim County Attorney; and WHEREAS, Board desires to hire Attorney as its County Attorney; and WHEREAS, the parties have determined that the terms and conditions of this Agreement are to the equitable benefit of both parties; NOW, THEREFORE, the Board and Attorney hereby agree as follows: 1. Employment. Attorney is hereby employed by Board as County Attorney, which position shall be a full-time position. Work hours performed, annual leave, personal leave, and sick leave hours taken will be documented on a form or forms to be provided by Board. Board agrees that any period of probationary service that may be applicable to the position of County Attorney under the provisions of the Monroe County Personnel Policies and Procedures Manual is hereby waived. 2. Sole Client. Attorney agrees that she will not provide legal services, whether for a fee or pro bono, for any other person or entity without the express written approval of the Board. It is the intent of this section that Attorney will have no other private or public clients. 3. Post-Employment Restrictions. Attorney agrees that, for a period of twenty-four (24) calendar months from the effective date of termination of this Agreement, Attorney shall conform to the requirements of Chapter 2, Article XXI, Monroe County Code, governing lobbying and procurement ethics for former officers and employees, and shall not represent clients before the Board or any of its advisory bodies. 4. Disclosure of Financial Interests. Section 112.3145, Florida Statutes, requires fmancial disclosure by a "local officer," and subsection (I)(a) defmes local officer to include "any person holding one or more of the following positions: ...county or municipal attorney." Attorney agrees to make such disclosures on such forms and at such times as may be required by state law. 5. Term of Agreement; Termination. A. Normal Tenn. The normal term of this Agreement will be for a period of forty-eight (48) calendar months, commencing at 9:00 A.M. on the 1st day of May, 2006, and ending at 5:00 P.M. on the 30th day of April, 2010. B. Extension of Term. The parties shall have the following options for extension of term of agreement, to be mutually exercised by written addendum to this agreement. The fIrst renewal option shall be for a term of eighteen months, and any further renewals shall each be for a term of twelve months. C. Termination of Agreement. HuttonlCo.Atly. 1 fJ lel loA;)l{!1)9 +0 e)( f.-i. I'J( {l1 Utt r e VI ewu/ leyJf: he! +0 /0/31/'/- 011 1. By Board for Cause. This Agreement may be terminated by Board for cause by a majority vote of the Board of County Commissioners at a du1y noticed public meeting. At least ftfteen (15) days prior to the date on which the agenda for the Board of County Commissioners is prepared that contains the item of termination to be acted upon. Board will provide to Attorney a detailed written statement of the reason or reasons for which termination is being sought. The statement will include, but not be limited to, the act or acts, omission or omissions. or default or defaults which form the basis for which termination is sought, along with the relevant date or dates. time or times. and location or locations. As used in this paragraph. "for cause" means (a) dishonesty with respect to the business and operation of the Board; (b) confirmed violation of the Board's drug policy; (c) refusal to cooperate in an investigation regarding any aspect of the business or operation of the Board. which investigation is conducted by or at the express direction of the Board; (d) conviction of a crime which is classifted as a felony or a crime involving moral turpitude; and (e) gross neglect or willful or intentional misconduct. 2. By Attorney for Breach. This Agreement may be terminated by Attorney upon a breach of this Agreement by Board, provided the Board has not cured the breach within thirty (30) days following receipt of the notice of the breach, If the breach has not been cured, termination will be effective on the thirty-fust day following receipt of written notice from Attorney by the Board. Notice shall be deemed to be received by the Board if sent to the Mayor. 3. By Normal Expiration. This Agreement is terminated upon its normal expiration date as stated in Section 5.A. Upon normal expiration without a renewal. Attorney will be entitled only to payment for salary through the effective date of resignation, plus the full amount attributable to accrued annual leave and one-half the amount attributable to accrued sick leave. as is provided to all County employees of the length of service Attorney has with the County. 4. By Board Without Cause. Board may terminate this Agreement without cause. effective thirty (30) days after giving written notice to Attorney by hand delivery or US mail. sent certified. return receipt requested, deemed effective notice upon receipt or attempted delivery. Such termination will be by majority vote of the Board at a duly noticed public meeting. Upon the vote of termination. Board and Attorney may agree that Attorney remain within the Office of the County Attorney. accepting an Assistant County Attorney position, retaining Senior Management status. and to be paid at an annual salary which shall be computed by adjusting the Attorney's annual salary as of March 15, 2006. for all merit and cost-of-living raises which Attorney wou1d have received during the time of this contract had Attorney remained in her position as an Assistant County Attorney, and to transfer all accrued sick and annual leave to said position. In the event that the parties do not agree to Attorney remaining in the Office of the County Attorney, within thirty (30) days after the effective date of termination, County shall pay to Attorney a sum equal to one- half of the per annum salary which Attorney is receiving as of the date of the vote of termination plus payment for all unused annual leave and all unused sick leave. Upon payment in full or reappointment to an Assistant County Attorney position, Attorney shall execute a general release in favor of all officers, members, and employees of Board relating to any cause or causes of action Attorney has. had, or may have related to the Agreement and the termination thereof. The general release shall encompass all applicable federal, state, and local laws and ordinances relating to claims of illegal discrimination. intentional and unintentional torts. whistle blower rights. and all other types of claims whether known or unknown through the date of cancellation. To the extent that it is prohibited by applicable federal. state or local law, this provision shall be deemed void and of no effect. Hutton/Co.Atty. 2 ........,,""'.. , .. D. Resignation. In the event that Attorney resigns from the position of County Attorney prior to the normal expiration date of this Agreement, she shall be entitled on! y to payment for salary through the effective date of resignation, plus the full amount attributable to accrued annual leave and one- half the amount attributable to accrued sick leave, as provided to all County employees of the length of service Attorney has with the County. At least thirty days prior to the effective date of resignation, written notice of resignation shall be delivered to the Mayor by hand delivery or US mail, sent certified, return receipt requested, deemed effective notice upon receipt or attempted delivery. . 6. Compensation. A. Amount. The Board will pay to Attorney, as and for a base salary, the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) per annum for the first year of employment. The base salary shall be increased thereafter according to the County policy of cost- of-living and merit increases provided to other County employees. B. Payment. Base salary payments will be paid in equal biweekly installments (26 pay periods per annum), or as otherwise may be mutually agreed to in writing. C. Professional Certification. Attorney is certified by the Florida Bar as a specialist in City, County, and Local Government Law. Pursuant to Sec. 2-360(c), Monroe County Code, Attorney shall be paid $250.00 monthly in addition to the base salary. D. Attorney shall be entitled to health, accidental death & dismemberment and life insurance coverage under County group policies, and shall retain the right to the health insurance coverage available to retirees who were hired prior to October 1. 2001, pursuant to Resolution No. 119-2001, as modified by Resolutions No. 154-2003 and 354-2003. Nothing in this agreement shall set aside Attorney's rights under the "Rule of 70." 7. Transportation Allowance. Attorney agrees that she will be responsible for providing her own motor vehicle for transportation within the limits of Monroe County that may be necessary, required, or appropriate in fulfilling her responsibilities and duties under this Agreement. In lieu of the preparation, maintenance, submission, review, approval, and auditing of detail travel expense reimbursements, and as partial consideration for Attorney's entering into this Agreement, Board agrees to pay to Attorney the sum of FIVE HUNDRED FIFTY DOLLARS ($550.00) per month as and for a transportation allowance. For travel out of Monroe County by motor vehicle, Attorney will be reimbursed by Board on a per trip basis at the rate allowed for under Chapter 112. Florida Statutes, with mileage calculated as if departure commenced at the Monroe County-Dade County line and return ended at the Monroe County-Dade County line. At its sole discretion, and upon request by Attorney. Board may authorize the reimbursement of Attorney's actual expenditures where documented evidence is provided detailing the actual expenses incurred. 8. Travel Reimbursement. Board agrees to pay to or reimburse Attorney for the costs of meals. other expenses and lodging incurred by Attorney that may be necessary, required, or appropriate in fulfilling Attorneys duties and responsibilities under this Agreement. Meals, other expenses and lodging will be paid for or reimbursed at the rates specified in Section 112.061, Florida Statutes. At its sole discretion, and upon request by Attorney, Board may authorize the reimbursement of Attorney's actual expenditures where documented evidence is provided detailing the actual expenses incurred. Hutton/Co.Atty. 3 .'. -_. . 9. Florida Retirement System. Board agrees that the position of County Attorney will be a position classified as. and eligible for the benefits provided under. the Senior Management Service Class, in accordance with Section 112.055. Florida Statutes. Board will contribute such amounts at such times as is required by Section 112.055, Florida Statutes. and any other applicable law or statute. 10. Duties and Responsibilities. A. General. Attorney will have those responsibilities and perform those duties which are listed in the attached Position Description (Attachment A). incorporated herein by reference. If a duty or responsibility contained in the Position Description is in conflict with a duty or responsibility contained in this Agreement. the duty or responsibility specified in this Agreement will prevail. B. Exemptions. Nothing in this Agreement or in the Board's policies. rules, and procedures will limit Attorney's right to make passive fmancial investments; to participate in charitable service or work with charitable organizations and other community activities, including trade and professional organizations; or to undertake other activities which do not interfere with the perfonnance of Attorney's duties under this Agreement. it being mutually agreed that Attorney's participation in such activities is of benefit to the Board. C. Availability. Attorney will be reasonably available to Board members and key Board staff twenty-four (24) hours per day. Such availability will be by telephone or electronic messaging, or in person. Board shall maintain for Attorney cellular telephone service. D. Ethical Considerations. Board and Attorney agree that, in general, it is the Board as a whole that is the client entity of the Attorney. However. as recognized by the Rules of Professional Conduct of The Florida Bar, the attorney-client relationship for organizational and governmental agencies is not the same as the attorney-client relationship for private individuals, and Attorney's professional relationship with the Board will be consistent with the requirements of Rule 4-1.13 of the Rules of Professional Conduct. E. Legal Opinions. Board and Attorney agree that from time to time Attorney will be requested to render a legal opinion on matters of significance to the Board, the County Administrator, or the County Clerk. Board and Attorney agree that, consistent with the ethical obligations of the Attorney to the Board. (1) all requests for an opinion will be in writing; (2) all requests will be communicated to Attorney directly by or through a County Commissioner, the County Administrator, or the County Clerk; and (3) all opinions rendered will be in writing, addressed to the Board of County Commissioners, and will be over the signature of the Attorney. It is expressly agreed the Attorney will not entertain requests for, nor will render a written opinion to. individuals or entities who are members of the general public or special interest groups, or who are representatives of governmental agencies unless specifically directed to do so by a majority vote of the Board in a duly noticed public meeting. 11. Professional Memberships. Attorney will maintain her membership in good standing with The Florida Bar and the City. County & Government Law Section of The Florida Bar; and may become a member of. and maintain membership status in divisions or sections of The Florida Bar which are pertinent to the issues addressed by the County Attorney's office. Additionally, Attorney may become a member of the American Bar Association and a member of the pertinent sections or divisions. All dues and costs for obtaining and maintaining the memberships delineated above will be paid for by Board. Hutton/Co.Atty . 4 12. Local Liaisons. Attorney will maintain liaisons with the legal representatives of local governmental and public agencies located within the geographical limits of Monroe County, to include but not be limited to Islamorada, Village of Islands; City of Layton; City of Key Colony Beach; City of Marathon; City of Key West; Florida Keys Mosquito Control District; Florida Keys Aqueduct Authority; Monroe County Housing Authority; and the School Board of Monroe County. 13. Office Space, Staff and Supporting Services. A. Office Space. Board will provide office space for Attorney. B. Staff. Board will provide sufficient qualified staff to the office of County Attorney to assist Attorney in efficiently, productively. and professionally meeting the mission, goals, and objectives of the County Attorney's office and the duties of the Attorney. Staff will include, but not be limited td. attorneys licensed to practice law in the State of Florida. paralegals and/or legal assistants. and administrative support. C. Supporting Services. Board will provide suitable utilities, telephone service, computer hardware and software, electronic research and e~mai] services. world wide web and internet access, books and subscriptions. periodicals. office supplies. photocopy equipment. county web-page presence and server access and storage space. postage, office equipment and furniture. and other similar materials, equipment and services as may be necessary for the proper, productive. and efficient operation of the office of County Attorney. 14. Annual Leave and Sick Leave; Transfer. Beginning with the first month of employment under this Agreement, Attorney will earn and be credited with sick leave hours and annual leave hours at a rate per month equal to the highest rate earned by any other employee or officer of Board. Attorney shall retain all annual and sick leave accumulated as an assistant county attorney and as interim county attorney. Attorney may accumulate unused annual leave without limit and no unused annual leave shall be forfeited due to nonuse, any provisions of the Monroe County Personnel Policies and Procedures Manual to the contrary notwithstanding. 15. On Call. Due to the nature of Attorney's duties and the requirements of the position of County Attorney, interference with Attorney's private life is to be expected and it is recognized that Attorney may from to time absent herself during normal business hours for personal reasons; however, Attorney shall remain reasonably available to Board members and key Board staff by telephone or other electronic means. 16. Participation in Educational and Board-Related Events. Board agrees to budget for and to pay the costs incurred by Attorney in attending seminars, continuing legal education courses, Board- related events and out-of-county meetings as may be necessary or appropriate to Attorney's duties and responsibilities under this Agreement. 17. Indemnification and Cooperation. A. Indemnification. The Board will defend. hold harmless, and indemnify Attorney against any tort. professionalliability, or other legal demand. claim, or action which is related directly or indirectly to Attorney's actions in her capacity as County Attorney. Hutton/Co.Atty. 5 .~.~ - , . B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings involving the Board which arise out of an action or actions which occurred or are alleged to have occurred while Attorney was acting in her capacity as County Attorney, Attorney will cooperate with the Board and its counsel in defending and resolving the litigation or proceeding. In such regard, Board agrees to pay Attorney's reasonable travel and subsistence expenses incurred in cooperating with the Board and its counsel, including preparation for and actual discovery, settlement, and trial and hearing or other resolution of such matters. 1. Attorney agrees that, unless required by law, she will not cooperate with or assist any party, person, or entity who has, had, or may have, or asserts that he, she, or it has or may have any claim of any nature against the Board, its agents, officers. or employees, unless the Board or its authorized agent expressly consents in writing to waive this provision of this Agreement. 2. Attorney shall not disclose to any person, party, or entity any confidential, proprietary, time-sensitive, or non-public information relating to the Board or its operations unless required by law to do so. 18. Governing Law; Attorney's Fees and Costs; Venue. This agreement is made in the State of Florida and shall be governed by Florida law. Venue for any action arising out of this agreement shall be in Monroe County. 19. Form and Amendment of Agreement. This is the entire agreement between the parties and may not be modified or amended except by a written document signed by the party against whom enforcement is sought. This agreement may be signed in more than one counterpart, in which case each counterpart will constitute an original of this agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this agreement. Wherever used herein, the singular will include the plural, the plural will include the singular, and pronouns will be read as masculine, feminine or neuter as the context requires. The prevailing party in any litigation, arbitration or mediation relating to this agreement shall be entitled to recover its reasonable attorneys' fees from the other party for all matters, including, but not limited to, appeals. :'.~~REFORE, the parties hereto have signed and sealed this agreement on the date first a~,~.:e)'ri~Ii. " \./. '. ~ (SEAL) OUNTY COMISSIONERS OF Allest: DAN~erk NTY, FLORI~ ....... 0 c:::t ::2 2: > ~ :::0(")2: :z., r- B~~ _ <::) 2: ;g M ;:JI; 0 ("'). r- f'.) -rJ on' - 0 c::~;:::: ::0 2. (;:} -0 ::0 -In" ::<:-l::C 3: rT1 .).>- - C':) '" - 0> . {TJ - :::0 - c MONROE COUNTY ATTORNEY APPROVED AS TO FORM: HutlonlCo.Atty. 6 ,_ _n AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT .at" THIS AMENDMENT NO. 1 to EMPLOYMENT AGREEMENT is entered into the cfJ/ -day of.M. 2009, by and between the Board of County Commissioners of Monroe County ("Board), Florida, a political subdivision of the State of Florida, and Suzanne A. Hutton, an attorney licensed to practice law in the State of Florida, ("Attorney"). WHEREAS, Board and Attorney entered into a contract on April 19, 2006, for the Attorney to serve for a period of four years as the County Attorney; and WHEREAS, said agreement provided for the parties to extend the contract under the same terms, the first extension being for a period of eighteen (18) months, and each extension thereafter being for a tenn of twelve (12) months; and WHEREAS, the parties desire to exercise the first extension of contract; now therefore The Parties Agree as follows: 1. The first extension described in paragraph 5.B. of the contract entered into April 19, 2006, shall be exercised. 2. Paragraph 5B of the contract dated April 19, 2006, shall be revised to add the following: "The first extension of the contract is hereby exercised, the teon of the contract is extended for eighteen (18) months and will end on October 31,2011 at 5:00 P.M." 3. All other provisions of the contract dated April 19, 2006, not inconsistent herewith shall remain in full force and effect. IN 'Y1TNESS WHEREOF, the parties have caused these presents to be executed in their r-e_sp~~,-:~ names. > e, '. ';I~~::;' \ ' BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 'A~~~'\ . . ~~ e. 'OJ~..q-.. '::;OA'N.NY"is. KOLHAGE CLERK :-:~j~'lWc.~ Mayor c II) w .. SU~ 0::: 0 ~ .... -+ 0 fi! .q: 1--= ~ ~ (.j :r: (..) .:_ w :E: i . . By: > 0:::: a.... Ci c~, -- :~ ~ MONROE COUNTY ATTORNEY ..,... rI'" . 0::: M -'\",~".._~ 0 N _J 'Y. ~ !.-' l..r.- ) O:L:..; ,PROVEDASTO~J .... ...::"1..;(_'"' c Co.) z~~~-; w 0 --l ZJ < C TllEE!\IE W. CASSEL ~ Cl ....... lL. ASSISTANT COUNTY ATTORNEy Date 1:.?tf-t) 9 -~'---_......-