Item P2BOARD OF COUNTY CONMUSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/15/11 - MAR Division: County Attorney
Bulk Item: Yes X No _ Staff Contact Person: Natileene Cassel, X3580
AGENDA ITEM WORDING: Approval of Amendment to Employment Agreements with John
Richard Collins, former County Attorney, reforming his prior contracts in order to attribute automobile
allowances as regular compensation for FRS calculations pursuant to the original intent of the parties
ITEM BACKGROUND: The Clerk's auditor and FRS have determined that state statute does not
allow automobile allowances to be counted as regular compensation; however, the County and the
parties intended that they would be so calculated. Therefore, to comply with state statute and the intent
of the parties, the contracts for former County Attorneys and Administrators are being reformed.
Nothing in this recalculation grants more compensation to the parties than have already been calculated
by the County. Reformed contracts were sent to the five affected persons; this is the fourth person to
return the reformed contract to the County in the executed form for presentation to the BOCC.
PREVIOUS RELEVANT BOCC ACTION: On July 21, 2010 the BOCC voted unanimously to
reform the contracts of James Roberts, Tom Willi, Randy Ludacer, James Hendrick and Richard
Collins, former County Administrators and County Attorneys, in order to calculate automobile
allowances as regular compensation by the FRS. The BOCC has previously approved the reformed
contracts with Randy Ludacer, James Hendrick and James L. Roberts.
CONTRACT/AGREEMENT CHANGES:
See above.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: -0- INDIRECT COST: BUDGETED: Yes X No
(No change in budgeted funds)
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
AMENDMENT 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
applies from January 15, 2003 until no longer employed by the County.
IN WITNESS WIEREOF, the parties have caused these presents to be executed in their respective
names on the date first set above.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
Date:
Witnesses for Collins:
1.
Si
Print Name
Date: /
2.
- d
SM*ture
.
Print Name
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
LIM
Mayor/Chairperson
Date:
gy.s tt�s
Date:
MONROE COUNTY ATTORNEY
4A ROVED AS TO FG
ATILEENE :�. CASS-1
ASSISTANT COUNTY ATTORNEY
®ata
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
EXHIBIT A
John R Collins
Plan WP F/Y Check Montt 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,
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