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Item G6 G.6 G BOARD OF COUNTY COMMISSIONERS County of Monroe � "1 Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting July 17, 2019 Agenda Item Number: G.6 Agenda Item Summary #5789 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180 9:15 AM Land Authority AGENDA ITEM WORDING: Approval of Addendum I to the employment agreement with Charles G. Pattison. ITEM BACKGROUND: Mr. Pattison's existing employment agreement with the Land Authority expires on April 4, 2020. The proposed addendum extends the term for one year and six months to October 4, 2021. There are no other changes in the proposed addendum. ADVISORY COMMITTEE ACTION: N/A PREVIOUS RELEVANT BOCC ACTION: The Board approved Mr. Pattison's employment agreement on February 10, 2016 with an employment start date of April 4, 2016. CONTRACT/AGREEMENTCHANGES: The agreement term is extended to October 4, 2021. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Pattison Addendum I Contract Pattison Original Contract FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Packet Pg. 2199 G.6 Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Charles Pattison Completed 07/01/2019 3:57 PM Kathy Peters Completed 07/01/2019 4:00 PM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 2200 G.6.a ADDENDUM I TO EMPLOYMENT AGREEMENT This ADDENDUM I to the Employment Agreement is entered into this day of , 2019 by and between the Monroe County Comprehensive Plan Land Authority, a land authority pursuant to section 380.0663, Florida Statutes, (hereinafter "Authority") and Charles G. Pattison, (hereinafter"Employee"). 2 WHEREAS, the parties hereto entered into an Employment Agreement dated February 10, 2016 with an employment date of April 4, 2016 (hereinafter"Employment Agreement"); and WHEREAS, the term of the Employment Agreement expires on April 4, 2020; and t� WHEREAS, pursuant to paragraph 9 of the Employment Agreement, the parties hereto desire to extend the term of the Employment Agreement by eighteen (18) months; NOW THEREFORE, the Authority and the Employee mutually agree as follows: 1. The term of the Employment Agreement is hereby extended to include the period from April 4, 2020 to October 4, 2021; and 2. All other provisions of the Employment Agreement shall remain in effect. The Employment Agreement and Addendum I to the Employment Agreement embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year above first written. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY By: Heather Carruthers, Chairman Witnesses as to Chairman EMPLOYEE 0 By: Charles G. Pattison 0 Witnesses as to Employee A Approved for Legal Sufficiency By: Adele V. Stones, P.A. Packet Pg. 2201 EMPLOYMENT AGREEMENT This agreement entered into this 10th day of February 2016, by and between the Monroe County Board of Commissioners acting as the Monroe County Comprehensive Plan Land Authority, a political subdivision of the State of Florida, hereinafter referred to as "Authority" and Charles G. T Pattison,hereinafter referred to as "Employee." In consideration of the mutual covenants,promises, and representations contained herein,the U) parties agree as follows: c� 1. Commencing April 4, 2016,the Authority hereby employs, engages, and hires Employee as the Executive Director to be the administrative head of the Authority and direct the Authority staff and to perform services as follows: 0 (a) Attend meetings of the Authority Board of Directors as well as the Land Authority Advisory Committee, and render assistance, opinions, and advice ascc requested. (b) Confer with Authority members, Advisory Committee members, Monroe County staff, elected and appointed public officials, appropriate state and federal agencies,the general public, and public, nonprofit agencies in reference to Authority questions. (c) Meet with the above in both formal and informal meetings and/or individual contacts. (d) Provide written and oral options, advice, and guidance, as required, with respect to Authority business. (e) Direct and participate in the conduct of all affairs of the Authority. (f) Supervise a staff of professional and clerical employees. (g) Perform other related duties as required by Monroe County Ordinance No. 031-1986, as amended, which established the Authority. 0 2. Employee agrees that he will at all times faithfully, industriously, and to the best of his ability, experience, and talents, and in accordance with the code of ethics contained in the Monroe County Personnel Policies and Procedures Manual,perform all of the duties that may be required of and from him pursuant to the terms hereof. 0 3. The Authority shall pay Employee, and Employee shall accept from the Authority, in full payment for Employee's services hereunder, compensation as follows: r_ (a) Salary of$125,000.00 per year. (b) All benefits and services received by Monroe County employees, including but not limited to medical and hospitalization insurance, life insurance, retirement,holidays, sick leave and Social Security benefits as provided in the Monroe County Personnel Policies and Procedures Manual and as it may be amended from time to time. (c) Cost of living raises as given to Monroe County employees. Annual performance evaluations shall be conducted by the Chairman of the Authority. Packet Pg. 2202 The Chairman shall make the results of said evaluations known to all Authority members for considerations of merit raises. (d) The Authority shall reimburse Employee's reasonable moving expense(s) in an amount up to $5,000.00 S 0 2 4. Employee shall devote all of his time, attention,knowledge, and skills during working hours solely to Land Authority matters, and Employee shall not engage in the private practice sector. 5. The Authority shall appropriate funds as may be required to employ such administrative personnel as needed to maintain the Authority, including: legal, accounting, secretarial, and clerical assistance. 6. The Authority shall provide from Authority funds, office space, utilities, telephone services, facsimile services, custodial services, books, library,postage, office supplies, photocopy equipment, furniture, office equipment, including but not limited to a cellular phone and laptop computer as may be necessary for the proper and efficient functioning of the Authority. 7. The Authority shall reimburse the Employee for all eligible travel expenses on Authority business including use of Employee's private vehicle at standard rates and amounts provided to Monroe County employees. E 8. The Authority shall reimburse the Employee for all tuition, costs, and eligible travel expenses associated with professional education programs related to his duties as Executive Director. The Authority shall reimburse the Employee for American Planning Association and American Institute of Certified Planners membership fees. 9. The Authority agrees to non-termination of this agreement for a period of forty-eight(48) months except as provided for in section 10 below. Prior to expiration of this agreement the Employee shall be given at least six (6)months' notice of the Authority's intent to extend or terminate the agreement. With the written agreement of both parties, this contract may be extended for similar periods. C r_ 0 10. The Employee may be removed from the position of Executive Director in the following �' manner: (a) Termination For Cause. A majority of three (3) Authority members may terminate the Employee for cause as set forth in Section 9 of the Monroe County Personnel Policies and Procedures Manuel and in accordance with the Packet Pg. 2203 procedures set forth in the County Administration Law of 1974 also known as Part III of Chapter 125, Florida Statutes, as amended. (b) Termination Without Cause. A majority of three (3) Authority members may terminate the Employee at any time without cause by enactment of a 2 resolution at any regularly convened Authority meeting in accordance with the procedures set forth in the County Administration Law of 1974, also known as Part III of Chapter 125, Florida Statutes, as amended. t� Upon adoption of said resolution,the Authority shall cause to be paid to the Employee, salary for twenty(20) weeks together with Payment for accrued annual leave and sick leave not yet taken by him in the same amount and manner as paid to other Monroe County employees within twenty(20) days of E such termination. Additionally, in the event that said Employee is removed by the Authority for cause under the provisions of paragraph 10(a) above, and a Court of competent jurisdiction renders a judgment which shall become final after appeal or without appeal,that said removal shall then be deemed to have been E a removal without cause under the provisions of 9(b) hereunder and said Employee shall be entitled to salary payment for twenty (20)weeks, together with accrued annual leave and sick leave in the amount and manner as paid to other Monroe County employees not yet taken by him. In addition, he shall receive his reasonable attorney's fees and court costs incurred in successfully bringing said suit. In the event said legal challenge is resolved in favor of the Authority, Employee shall be liable to Authority for its reasonable attorney fees and costs. In the event that the Authority shall vote to abolish the office of Executive Director during Employee's term of office,the same.shall be deemed a removal without cause under the provisions of this subsection. 11. The Employee may resign from the position of Executive Director at any time by providing the Chairman of the Authority sixty (60) days written notice. . I- r_ 0 2A CL Packet Pg. 2204 S 0 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first A above written. U) nrrua�7rr MONROE COUNTY LAND AUTHORITY, STATE OF FLORIDA David P. Rice, Chairman EMPLOYEE By: ��✓�!�X Charles G. Pattison Approved for Legal Sufficiency By: � Adele V. Stones, P.A. c� a a r_ 0 2A M Packet Pg. 2205