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1st Amendment 06/15/2011AMENDMENT TO THE EMPLOYMENT AGREEMENT DATED DECEMBER 18, 2002 FOR FORMER COUNTY ATTORNEY, JOHN R. COLLINS THIS AMENDMENT is made and entered into this �; day of 2011, between the Board of County Commissioners of Monroe County, Florida ( "County "), and John R. Collins, ( "Attorney "). WHEREAS, the parties entered into an Employment Agreement ( "Agreement ") with Attorney, December 18, 2002; and WHEREAS, the Agreement contained a provision for an automobile allowance; and WHEREAS, the Agreement 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 benefits listed in the Agreements, 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 Agreement consistent with expectations of the parties; and WHEREAS, the express intent of the parties is not to give a pay raise to the employee but to continue benefits as envisioned by the parties; now therefore, IN CONSIDERATION OF the mutual covenants contained herein, the parties agree as follows: 1. Both parties recognize that the purpose of this amendment is to retroactively reform the contract(s) with the Employee, to include the former automobile allowance as regular compensation. 2. The amounts of automobile allowance, if any, reported to the State as regular compensation, but which were designated by contract as automobile allowance, shall be amended to be included as regular compensation. No automobile allowance or transportation allowance is awarded under any prior contract. 3. Nothing in this amendment shall be interpreted to add to or subtract from the amount reported to the State as regular compensation but is intended to confirm that the amounts reported to the State as regular compensation shall continue to be designated as regular compensation. The intent is to make this amendment neutral. Cost of living increases and merit pay increase, if any, under the contracts shall remain in effect; however, there shall be no additional cost of living or merit increases calculated under this amendment for the inclusion of the formally designated automobile allowance as regular compensation. 4. A print out from the State, which contains the amounts reported to the State by the County, is attached hereto and made a part hereof as Exhibit A, and shall become the agreed upon calculation for salary and contributions under the contract dated December 18, 2002. This agreement ctm January 15, 2003 until no longer employed by the County. I v WHEREOF, the parties have caused these presents to be executed in their respective first set above. L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY - FLORIDA De y Clerk Date: It 2 ° « Witnesses for Collins: 1. `.N , 'q Sijp&atur h i -- %4 • T Print Name Date: o? 2011 2. 19 V144 & 4 L S' ature tic L Ao4 Print Name Date: 0 /C Z.- I/ By: S -- t+,-, fZ �v t l Date: ! Z f l r^ MONROE COUNTY ATTORNEY A ROVED AS TO FOR NATILEENE .'4. CASS L A8$18; COUNTY ATTORNEY Da ,7 �of� N o --,I Q1 v .V a ;'Z) W�: n o 0 o c EXHIBIT A The columns on Exhibit A refer to the following: PLAN= HM SENIOR MANAGEMENT, OR HA REGULAR CLASS WP= WORK PROVIDED IN MONTHS F /Y= YEAR CHK DATE= CHECK DATE REP DATE= REPORT DATE SALARY= REPORTED BY COUNTY ER CONT= CONTRIBUTION BASED ON SALARY AND PLAN C] EXHIBIT A John R Collins Plan WP F/Y Check Month Report Montt Salary ER Cont DP 12 ### 3/1/2006 3/1/2006 15627.5 1458 DP 21 ### 3/1/2006 3/1/2006 32557.2 3037.6 DP 12 ### 2/1/2006 2/1/2006 10418.3 972.02 DP 12 ### 1/1/2006 1/1/2006 10418.3 972.02 DP 12 ### 12/1/2005 12/1/2005 10418.3 972.02 DP 12 ### 11/1/2005 11/1/2005 10418.3 972.02 DP 12 ### 10/1/2005 10/1/2005 10286.7 959.74 DP 12 ### 9/1/2005 9/1/2005 15232.5 1421.2 DP 12 ### 8/1/2005 8/1/2005 10155 947.46 DP 12 ### 7/1/2005 7/1/2005 10155 947.46 DP 12 ### 6/1/2005 6/1/2005 10155 925.12 DP 12 ### 5/1/2005 5/1/2005 10155 925.12 DP 12 ### 4/1/2005 4/1/2005 15232.5 1387.7 DP 12 ### 3/1/2005 3/1/2005 10155 925.12 DP 12 ### 2/1/2005 2/1/2005 10155 925.12 DP 12 ### 1/1/2005 1/1/2005 10155 925.12 DP 12 ### 12/1/2004 12/1/2004 10155 925.12 DP 12 ### 11/1/2004 11/1/2004 10155 925.12 DP 12 ### 10/1/2004 10/1/2004 14958.2 1362.7 DP 12 ### 9/1/2004 9/1/2004 9876.92 899.78 DP 12 ### 8/1/2004 8/1/2004 2469.23 224.95 HM 12 ### 8/1/2004 8/1/2004 7407.69 694.1 HM 12 ### 7/1/2004 7/1/2004 9876.92 925.46 HM 12 ### 6/1/2004 6/1/2004 9876.92 925.46 HM 12 ### 5/1/2004 5/1/2004 9876.92 925.46 HM 12 ### 4/1/2004 4/1/2004 14815.4 1388.2 HM 12 ### 3/1/2004 3/1/2004 9876.92 925.46 HM 12 ### 2/1/2004 2/1/2004 9876.92 925.46 HM 12 ### 1/1/2004 1/1/2004 9876.92 925.46 HM 12 ### 12/1/2003 12/1/2003 9876.92 925.46 HM 12 ### 11/1/2003 11/1/2003 9876.92 925.46 HM 12 ### 10/1/2003 10/1/2003 14586.6 1366.8 HM 12 ### 9/1/2003 9/1/2003 9607.7 900.24 HM 12 ### 8/1/2003 8/1/2003 9607.7 900.24 HM 12 ### 7/1/2003 7/1/2003 9607.7 900.24 HM 12 ### 6/1/2003 6/1/2003 9607.7 582.22 HM 12 ### 5/1/2003 5/1/2003 14411.6 873.33 HM 12 ### 4/1/2003 4/1/2003 9607.7 582.22 HM 12 ### 3/1/2003 3/1/2003 9630.78 583.62 HM 12 ### 2/1/2003 2/1/2003 8626.16 522.74 HM 12 ### 1/1/2003 1/1/2003 17502.1 1060.6 HM 12 ### 11/1/2002 11/1/2002 7757. 8 HM 12 ### 10/1/2002 10/1/2 .12 470.08 HM 12 ### 9/1/2002 002 8091.96 490.38 HM 12 ### 8/1/2002 7589.66 459.94 HM 12 7/1/2002 7/1/2002 7589.66 459.94 2 ### 6/1/2002 6/1/2002 7553.34 700.94 Employment with Monroe County began on 1 -15 -2003