12/18/2002 AgreementWello[The
eirCHHOU11 Danny L. Kolhage
Office (305) 292-WW Fax (305) 295-WO
TO. James L. Roberts,
County Administrator
From: Isabel C. DeSantis,;"'P
Deputy Clerk
Date. Monday, January 06, 2003
At the BOCC meeting on December 18, 2002, the BOCC granted approval and
authorized execution of the following:
Employment Agreement, as amended, between Monroe County and John R.
Collins, Esquire for employment in the capacity of County Attorney.
Attached hereto is a duplicate original for your handling. Should you have any
questions concerning the above, please do not hesitate to contact this office.
cc: County Attorney
Finance
File ,/
I EMPLOYMENT AGREEMENT
2
3 THIS AGREEMENT is entered into upon the date last below written by and between the
4 Board of County Commissioners ofMonroe County, Florida, a governmental agency operating under
5 the laws of the State of Florida, ("Board"), whose main business address is 500 Whitehead Street,
6 Key West, Florida 33040, and John R. Collins, an attorney licensed to practice law in the State of
7 Florida, ("Attorney"), whose residence address is 1212 Georgia Street, Key West, Florida 33040.
8
9 WHEREAS, Board desires to employ an attorney licensed to practice law in the State of
10 Florida to be the attorney for Monroe County (the "County Attorney"); and
11
12 WHEREAS, Board has determined that it is in the best interests of the citizens of Monroe
13 County that the County Attorney will be a full-time employee of the Board; and
14
15 WHEREAS, the Board had advertised the availability ofthe position ofCounty Attorney and
16 had received twenty-eight applications from attorneys both within and without the State of Florida;
17 and
18
19 WHEREAS, the Board had appointed a committee to review the applications and conduct
20 interviews of selected applicants; and
21
22 WHEREAS, the committee recommended two attorneys to the Board for further
23 consideration; and
24
25 WHEREAS, the two attorneys appeared before the Board in a public meeting for review by
26 the Board; and
27
28 WHEREAS, the Board determined to offer the position of County Attorney to John R.
29 Collins (the "Attorney"); and
30
31 WHEREAS, Board recognizes that the Attorney is currently employed by another
32 governmental agency and has an active private law practice; and
33
34 WHEREAS, Board requires Attorney, as a condition of employment hereunder, to have no
35 clients other than the Board unless otherwise specifically agreed to by Board; and
36
37 WHEREAS, as an inducement to Attorney to enter into this Agreement and in consideration
38 for Attorney entering into this Agreement, Board is agreeable to the terms and conditions of this
39 Agreement that are being made for the benefit of Attorney; and
40
41 WHEREAS, in consideration of the terms and conditions of this Agreement that are being
42 made for his benefit, Attorney has been induced and is willing to enter into this Agreement;
43
44 NOW, THEREFORE, the Board and Attorney hereby agree as follows:
45
Page 1 of 8
1 1. Employment. Attorney is hereby employed by Board as County Attorney.
2
3 2. Full Time Employment. Board and Attorney agree that the position of County Attorney will be
4 a full-time position. Work hours performed, annual leave, personal leave, and sick leave hours taken
5 will be documented on a form or forms to be provided by Board. Board agrees that any period of
6 probationary service that may be applicable to the position of County Attorney under the provisions
7 of the county's Personnel Policies and Procedures Manual is hereby waived.
8
9 3. Sole Client. In partial consideration for the agreements to be performed by the Board for the
10 benefit of Attorney as contained elsewhere in this Agreement, Attorney agrees that he will not
11 provide legal services, whether for a fee or pro bono, for any other person or entity without the
12 express written approval of the Board. It is the intent of this section that Attorney will have no other
13 private or public clients.
14
15 4. Post -Employment Restrictions. In partial consideration for the agreements to be performed by
16 the Board for the benefit of Attorney as contained elsewhere in this Agreement, Attorney agrees that,
17 for a period of twenty-four (24) calendar months from the effective date of termination or
18 cancellation of this Agreement, Attorney will not personally represent another person or entity for
19 compensation before the Board sitting in its legislative or quasi-judicial capacity, unless Attorney is
20 employed by or representing another governmental agency. Additionally, Attorney Agrees that, for
21 a period of twenty-four (24) calendar months from the effective date of termination or cancellation
22 of this Agreement, Attorney will not lobby Board sitting in its legislative or quasi-judicial capacity.
23 For purposes of this section, "lobbies" and "lobbyist" will have the same meaning as defined in
24 Section 112.3215(d) and (e), Florida Statutes. This section will survive the termination or
25 cancellation of this Agreement, but may be waived by a majority vote of the Board of County
26 Commissioners at a public meeting.
27
28 5. Disclosure of Financial Interests. Section 112.3145, Florida Statutes, requires financial
29 disclosure by a "local officer," and subsection (1)(a) defines local officer to include "any person
30 holding one or more of the following positions: ... county or municipal attorney." Attorney agrees
31 to make such disclosures on such forms and at such times as may be required by state law.
32
33 6. Term of Agreement; Termination; Cancellation.
34
35 A. Normal Term. The normal term of this Agreement will be for a period of forty-eight (48)
36 calendar months, commencing at 9:00 A.M. on the 15' day of January 2003, and ending at 5: 00 P.M.
37 on the 14'' day of the forty-eighth month thereafter.
38
39 B. Extension of Term. This Agreement will automatically renew for periods of one year
40 unless either the Board or Attorney gives the other written notice of it's or his intent to modify or
41 terminate the Agreement. Such written notice will be given not less than ninety (90) days prior to
42 the normal expiration date of this Agreement, or sixty (60) days prior to the expiration of any renewal
43 term year, as applicable. For a renewal term year, the base salary will be increased by a factor of
44 three and one-half (3 '/z) percent over the previous year's base salary.
45
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I C. Termination of Agreement.
2
3 1. By Board for Cause. This Agreement may be terminated by Board only for cause, and
4 only by majority vote of the Board of County Commissioners at a public meeting duly noticed and
5 held. At least fifteen (15) days prior to the date on which the agenda for the Board of County
6 Commissioners is prepared that contains the item of termination to be acted upon, Board will provide
7 to Attorney a detailed written statement of the reason or reasons for which termination is being
8 sought. The statement will include, but not be limited to, the act or acts, omission or omissions, or
9 default or defaults which form the basis for which termination is sought, along with the relevant date
10 or dates, time or times, and location or locations.
11
12 2. By Attorney for Breach. This Agreement may be terminated by Attorney upon a breach
13 of this Agreement by Board, provided the Board has not cured the breach within thirty (30) days
14 following receipt of the notice of the breach. If the breach has not been cured, termination will be
15 effective on the thirty-first day following receipt of written notice from Attorney by the Board.
16
17 3. By Normal Expiration. This Agreement is terminated upon its normal expiration date
18 as stated in Section 6.A.
19
20 4. Definition. As used in paragraph C.1 above, "for cause" will mean (a) dishonesty with
21 respect to the business and operation of the Board; (b) confirmed violation of the Board's drug
22 policy; (c) refusal to cooperate in an investigation regarding any aspect of the business or operation
23 of the Board, which investigation is conducted by or at the express direction of the Board; (d)
24 conviction of a crime which is classified as a felony or a crime involving moral turpitude; and (e)
25 gross neglect or wilful or intentional misconduct.
26
27 D. Cancellation. Board may cancel this Agreement without cause, effective thirty (30) days
28 after giving written notice to Attorney. Such cancellation will be by majority vote of the Board at
29 a duly noticed public meeting. Upon the effective date of cancellation, Attorney will be entitled to
30 receive from Board, and within fifteen (15) days will be paid by Board, a sum equal to the total of
31 the prospective benefits that would have been earned by Attorney as if still employed under this
32 Agreement for the nine (9) calendar months following the effective date of cancellation. For purposes
33 of this section, "prospective benefits" will mean the combined base salary; transportation allowance;
34 dues, fees, and costs required to be paid under "Professional Memberships" and "Local Liaisons";
35 the contributions to be made under "Florida Retirement System"; and all unused sick leave and annual
36 leave hours. Upon timely completion by the Board of all requirements under this paragraph 6.D.,
37 Attorney will execute a general release in favor of all officers, members, and employees of Board
38 relating to any cause or causes of action Attorney has, had, or may have related to the Agreement and
39 the cancellation thereof. The general release will encompass all applicable federal, state, and local
40 laws and ordinances relating to claims of illegal discrimination, intentional and unintentional torts,
41 whistle blower rights, and all other types of claims whether known or unknown through the date of
42 cancellation. To the extent that it is prohibited by applicable federal, state or local law, this provision
43 will be deemed void and of no effect.
44
45 E. Resignation. In the event that Attorney resigns from the position of County Attorney
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I prior to the normal expiration date f this Agreement, he will not be entitled to any payment for any
2 sums provided for in paragraph 6.13 above. Additionally, within one year after resignation Attorney
3 will repay to Board: (1) the entire amount paid by Board to the Florida Retirement System to fully
4 upgrade Attorney's prior service in the Florida Retirement System for the periods from March 1,
5 1987 through December 31, 1992, and from January 1, 1996 through December 31, 1997. Such
6 amount to be repaid will be with interest at the legal rate permitted for judgements under Florida law,
7 such interest to be calculated from date of payment by Board to the Florida Retirement System; (2)
8 the total amounts paid by Board pursuant to Paragraphs 12 and 13 below. Such amounts to be repaid
9 will be with interest at the legal rate permitted for judgements under Florida law, such interest to be
10 calculated from date of payment by Board
11
12 7. Base Salary.
13
14 A. Amount. The Board will pay to Attorney, as and for a base salary, the sum of ONE
15 HUNDRED EIGHTEEN -THOUSAND DOLLARS ($118,000.00) per annum for the first year of
16 employment; the sum of ONE HUNDRED TWENTY-ONE THOUSAND FIVE -HUNDRED
17 DOLLARS ($121, 500.00) per annum for the second year of employment; the sum of ONE
18 HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED FIFTEENDOLLARS ($125,115.00)
19 per annum for the third year of employment; and the sum of ONE HUNDRED TWENTY-EIGHT
20 THOUSAND EIGHT -HUNDRED THIRTY-EIGHT DOLLARS ($128,838.00) per annum for the
21 fourth year of employment. For purposes of this Agreement, "per annum" will be defined as the fiscal
22 year which commences on October V and ends on September 31'.
23
24 B. Payment. Base salary payments will be paid in equal biweekly installments (26 pay
25 periods per annum), or as otherwise may be mutually agreed to in writing.
26
27 8. Transportation Allowance. Attorney agrees that he will be responsible for providing his own
28 motor vehicle for transportation within the limits of Monroe County that may be necessary, required,
29 or appropriate in fulfilling his responsibilities and duties under this Agreement. In lieu of the
30 preparation, maintenance, submission, review, approval, and auditing of detail travel expense
31 reimbursements, and as partial consideration for Attorney's entering into this Agreement, Board
32 agrees to pay to Attorney the sum of FIVE HUNDRED FIFTY DOLLARS ($550.00) per month
33 as and for a transportation allowance. For travel out of Monroe County by motor vehicle, Attorney
34 will be reimbursed by Board on a per trip basis at the rate allowed for under Chapter 112, Florida
35 Statutes, with mileage calculated as if departure commenced at the Monroe County/Dade County line
36 and return ended at the Monroe County/Dade County line. At its sole discretion, and upon request
37 by Attorney, Board may authorize the reimbursement of Attorney's actual expenditures where
38 documented evidence is provided detailing the actual expenses incurred.
39
40 9. Travel Reimbursement. Board agrees to pay to or reimburse Attorney for the costs of meals,
41 other expenses and lodging incurred by Attorney that may be necessary, required, or appropriate in
42 fulfilling Attorneys duties and responsibilities under this Agreement. Meals, other expenses and
43 lodging will be paid for or reimbursed at the rates specified in Section 112.061, Florida Statutes. At
44 its sole discretion, and upon request by Attorney, Board may authorize the reimbursement of
45 Attorney's actual expenditures where documented evidence is provided detailing the actual expenses
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I incurred.
2
3 10. Florida Retirement System. Board agrees that the position of County Attorney will be a
4 position classified as, and eligible for the benefits provided under, the Senior Management Service
5 Class, in accordance with Section 112.055, Florida Statutes. Board will contribute such amounts at
6 such times as is required by Section 112.055, Florida Statutes, and any other applicable law or
7 statute. Additionally, and as an inducement and partial consideration for Attorney to enter into this
8 Agreement, Board agrees to pay to the Florida Retirement System the amounts required to fully
9 upgrade Attorney's prior service in the Florida Retirement System for the periods from March 1,
10 1987 through December 31, 1992, and from January 1, 1996 through December 31, 1997.
I1
12 11. Duties and Responsibilities.
13
14 A. General. Attorney will have those responsibilities and perform those duties which are
15 listed in the attached Position Description (Attachment A) and which are contained in this Agreement.
16 If a duty or responsibility contained in the Position Description is in conflict with a duty or
17 responsibility contained in this Agreement, the duty or responsibility in this Agreement will prevail.
18
19 B. Exemptions. Nothing in this Agreement or in the Board's policies, rules, and procedures
20 will limit Attorney's right to make passive financial investments; to participate in charitable service
21 or work with charitable organizations and other community activities, including trade and professional
22 organizations; or to undertake other activities which do not interfere with the performance of
23 Attorney's duties under this Agreement, it being mutually agreed that Attorney's participation in such
24 activities is of benefit to the Board.
25
26 C. Availability. Attorney will be reasonably available to Board members and key Board staff
27 twenty-four (24) hours per day. Such availability will be by telephone or electronic messaging, or
28 in person. Attorney will obtain and maintain cellular telephone service and provide to Board members
29 and key Board staff the telephone number. Board agrees to pay to Attorney the sum of twenty-five
30 dollars ($25.00) per month as partial reimbursement of the costs of obtaining and maintaining cellular
31 telephone service.
32
33 D. Ethical Considerations. Board and Attorney agree that, in general, it is the Board as a
34 whole that is the client entity of the Attorney. However, as recognized by the Rules of Professional
35 Conduct of The Florida Bar, the attorney -client relationship for organizational and governmental
36 agencies is not the same as the attorney -client relationship for private individuals, and Attorney's
37 professional relationship with the Board will be consistent with the requirements of Rule 4-1.13 of
38 the Rules of Professional Conduct.
39
40 E. Legal Opinions. Board and Attorney agree that from time to time Attorney will be
41 requested to render a legal opinion on matters of significance to the Board, the County Administrator,
42 or the County Clerk. Board and Attorney agree that, consistent with the ethical obligations of the
43 Attorney to the Board, (1) all requests for an opinion will be in writing; (2) all requests will be
44 communicated to Attorney directly by or through a County Commissioner, the County Administrator,
45 or the County Clerk; and (3) all opinions rendered will be in writing, addressed to the Board of
Page 5 of 8
I County Commissioners, and will be over the signature of the Attorney. It is expressly agreed the
2 Attorney will not entertain requests for, nor will render a written opinion to, individuals or entities
3 who are members of the general public or special interest groups, or who are representatives of
4 governmental agencies unless specifically directed to do so by a majority vote of the Board in a duly
5 noticed public meeting.
6
7 12. Professional Memberships. Attorney will maintain his membership in good standing with The
8 Florida Bar, and will, within six months of the effective date of this Agreement, become a member
9 of, and maintain membership status in, the following divisions or sections of The Florida Bar:
10 Administrative Law; City, County & Government Law; Environmental & Land Use Law;
11 Government Law; and Labor & Employment Law. Additionally, Attorney will, within six months
12 of the effective date of this Agreement, become a member of the American Bar Association and a
13 member of the following sections, divisions, or forums of the American Bar Association:
14 Administrative Law and Regulatory Practice; Environment, Energy and Resources; Labor and
15 Employment Law; Public Contract Law; State and Local Government Law; Government and Public
16 Sector Lawyers Division; and Affordable Housing and Community Development Law Forum. All
17 dues, occupational licenses, fees, and costs for obtaining and maintaining the memberships delineated
18 above will be paid for by Board.
19
20 13. Local Liaisons. Attorney will establish and maintain liaisons with the legal representatives of
21 local governmental and public agencies located within the geographical limits of Monroe County, to
22 include but not be limited to Islamorada, Village of Islands; City of Layton; City of Key Colony
23 Beach; City of Marathon; City of Key West; Florida Keys Mosquito Control District, Florida Keys
24 Aqueduct Authority; Monroe County Housing Authority; and the School Board ofMonroe County.
25 Additionally, Attorney will become a member of, and maintain membership, the various local and
26 voluntary bar associations located and operating in Monroe County. All dues, fees, and costs for
27 obtaining and maintaining memberships in these bar associations will be paid for by the Board.
28
29 14. Office Space, Staff and Supporting Services.
30
31 A. Office Space. Board will provide office space for Attorney on Board's premises (the
32 "Board office"). The Board office will be the primary office for Attorney. However, Board
33 recognizes that from time to time Attorney may be required, or it may be expedient, to work out of
34 Attorney's private office. Board and Attorney recognize that Attorney has a private law office within
35 the city limits of the City of Key West, at 1212 Georgia Street, and that the operation of such office
36 may be a "grandfathered" or legal non -conforming use. The Board and Attorney agree that, in order
37 to not lose its legal status, Attorney may conduct such work for Board out of Attorney's private
38 office as may be minimally required to maintain such legal status.
39
40 B. Staff. Board will provide sufficient qualified staff to the office of County Attorney to
41 assist Attorney in efficiently, productively, and professionally meeting the mission, goals, and
42 objectives of the County Attorney's office and the duties of the Attorney. Staff will include, but not
43 be limited to, attorneys licensed to practice law in the State of Florida, paralegals and/or legal
44 assistants, and administrative support.
45
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I C. Supporting Services. Board will provide suitable utilities, telephone service, computer
2 hardware and software, electronic research and e-mail services, world wide web and internet access,
3 books and subscriptions, periodicals, office supplies, photocopy equipment, a ui ment, county web -page
postage
4 presence and server access and stora e s ace
5 similar materials, equipment and servi es asmay be necs,office equipment dsary for the proper, prodan fu snit rand edffoiher
6 operation of the office of County Attorney. cent
an
8 15. Annual Leave and Sick Leave; Transfer. Board recoh
9 certain paid sick leave benefits and annual leave benefits with tto ey's current public em loes that Attorney hasa er,
10 the School Board of Monroe County. These leave hours, as of December 31, 2002 equal a total of
11 864 hours. Board agrees that it will credit to the Attorney, on the first day ofAttorney's employment
12 under this Agreement, for the benefit of and use by Attorney, 320 hours to be credited to sick leave
13 and 300 hours to be credited to annual leave. Beginning with the first month ofem to
uner
14 this Agreement, Attorney will earn and be credited with sick leave hours and annual lea eent hours at
Is a rate per month equal to the highest rate earned by any other employee or officer of Board.
16 Attorney may accumulate unused annual leave without limit and no unused annual leave may be
17 forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the
18 contrary notwithstanding.
19
20 16. Personal Leave. The Board and Attorney agree that, due to the nature of Attorney's duties and
21 the requirements of the position of County Attorney, interference with Attorney's family life is to be
22 expected and it is recognized that Attorney may from to time absent himself during normal business
23 hours for personal or family time; provided, however, that Attorney remains reasonably available to
24 Board members and key Board staffby telephone or other electronic means. Such personal time or
25 family time will not be considered or debited against vacation time.
26
27 17. Participation in Educational and Board -Related Events. Board agrees to budget for and
28 to pay the costs incurred by Attorney in attending seminars, continuing legal education courses,
29 Board -related events and out -of -county meetings as may be necessary or appropriate to Attomey's
30 duties and responsibilities under this Agreement.
31
32 IS. Indemnification and Cooperation.
33
34 A. Indemnification. The Board will defend, hold harmless, and indemnify Attorney against
35 any tort, professional liability, or other legal demand, claim, or action which is related directly or
36 indirectly to Attorney's action's in his capacity as County Attorney,
37
38 B. Cooperation. In the event of actual or threatened litigation and/or administrative
39 proceedings involving the Board which arises out of an action or actions which occurred or are
40 alleged to have occurred while Attorney was acting in his capacity as County Attorney, Attorney will
41 cooperate with the Board at its counsel in defending and resolving the litigation or proceeding. In
42 such regard, Board agrees to pay Attorney's reasonable travel and subsistence expenses incurred in
43 cooperating with the Board and its counsel, including preparation for and actual discovery,
44 settlement, and trial and hearing of such matters. �'
45
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I 1. Attorney agrees that, unless required by law, he will not cooperate with or assist an
2 person, or entity who has, had, or may have, or asserts that he, she, or it has or may have anyca claim
3 ofany nature against the Board, its agents, officers, or employees, unless the Board or its authorized
4 agent expressly consents in writing to waive this provision of this Agreement.
s
6 2. Attorney will not disclose to any person
7 time -sensitive, or non-public information relating to the Board or its Operatioor entity any ns unless proprietary,
b
8 law to do so. required by
9
10 3. The restrictions and prohibitions set forth in paragraphs 18.B.1 and 18.B.2 will n
11 applicable in instances where one or more governmental jurisdiction over a cl
12 violation of law, are involved. aim entities with of be
or a
13
14 19• Governing Law; Attorneys Fees and Costs; Venue. This agreement is made in the
is Florida and will be governed by Florida law. This is the entire agreement between the arties State of
y
16 not be modified or amended except by a written document signed by the part against and may
17 enforcement is sought. This agreement may be signed in more than one counterpart, w whom
18 each counterpart will constitute an original ofthis agreement. Paragraph headings are for co loch case
19 only and are not intended to expand or restrict the scope or substance of the rovision
convenience
20 agreement. Wherever used herein, the singular will include the plural, the plural will in s of this
21 singular, and pronouns will be read as masculine, feminine or neuter as the context re include the
22 prevailing party in any litigation, arbitration or mediation relating to this agreement wiljblren. The
23 to recover its reasonable attorneys, fees from the other a entitled
24 to, appeals. Monroe County, Florida, will be the Proper venue formatany including,
bnv not limited
25 agreement. involving this
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{hSIGNED AND SEALED at
�y of December 2002. Monroe County, Florida, this
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
qPOHIN11. COLLINS 121 tq j O
APPROVED AST RM
AND IEGA F CY
BY
ATT RNEY'S OFFICE
Page 8 of 8 DATE