Item H4
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: AUQust 17, 2005
Division: Land Authority
Bulk Item: Yes No l
Staff Contact Person: Mark Rosch
Agenda Item Wording: Approval of an extension to the Executive Director's employment contract
Item Background: The Executive Director's employment contract expires on September 7, 2005.
Advisory Committee Action: N/A
Previous Governing Board Action: The Governing Board hired Mr. Rosch as Executive Director on
September 9, 1993 and approved contract extensions on March 20, 1996, August 12, 1999, and July
17, 2002.
Contract/Agreement Changes: Employment term extended for three years to September 7, 2005.
Staff Recommendation: Pleasure of the Board
Total Cost: $88,175.06 + benefits
Budgeted: Yes -L No _'
Cost to Land Authority: $88,175.06 + benefits Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney -L County Land Steward _'
Executive Director Approval:
'M"+ 0--
, Mark J. Rosch
Documentation: Included:-1L.
To Follow:
Not Required:
Disposition:
Agenda Item _
ADDENDUM IV TO EMPLOYMENT AGREEMENT
This ADDENDUM IV to the Employment Agreement is entered into this _ day of
2005 by and between the Monroe County Comprehensive Plan Land Authority, a
land authority pursuant to section 380.0663, Florida Statutes, (hereinafter "Authority") and Mark
J. Rosch, (hereinafter "Employee").
WHEREAS, the parties hereto entered into an Employment Agreement dated September 8, 1993
(hereinafter "Employment Agreement"); and
WHEREAS, the initial term of the Employment Agreement expired September 8, 1996 and was
extended by Addendum I on March 20, 1996, by Addendum II on August 12, 1999, and by
Addendum III on July 17, 2002;
WHEREAS, pursuant to paragraph 9 of the Employment Agreement, the parties hereto desire to
extend the term of the Employment Agreement;
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
September 8, 2005 to September 7, 2008.
2. All other provisions of the Employment Agreement shall remain in effect.
The Employment Agreement and Addenda I, II, Ill, and IV 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:
David P. Rice, Chairman
Witnesses as to Chairman
EMPLOYEE
By:
Mark J. Rosch
Witnesses as to Employee
Approved for Legal Sufficiency
By:
Larry Erskine
ADDENDUM III TO EMPLOYMENT AGREEMENT
This ADDENDUM III to the Employment Agreement is entered into this 11-tl day of
-::r LA.1Wo 2002 by and between the Monroe County Comprehensive Plan Land Authority, a
land aut rity pursuant to section 380.0663, Florida Statutes, (hereinafter "Authonty") and Mark J.
Rosch, (hereinafter "Employee").
WHEREAS, the parties hereto entered into an Employment Agreement dated September 8, 1993
(hereinafter "Employment Agreement"; and
WHEREAS, the initial term of the Employment Agreement expired September 8, 1996 and was
extended by Addendum I on March 20, 1996 and by Addendum II on August 12, 1999;
WHEREAS, pursuant to paragraph 9 of the Employment Agreement, the parties hereto desire to
extend the term of the Employment Agreement;
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
September 8,2002 to September 7,2005.
2. The Employee's salary for the duration of fiscal year 2002 shall be $77,380.00 per year.
3. All other provisions of the Employment Agreement shall remain in effect.
The Employment Agreement and Addendum I, Addendum II, and Addendum III 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
~~
~~G
Witnesses as to Chairman
<!.-~
ice Chairman
~~
~~~~~
Witnesses as to Employee
EMPLOY~E ~
BY~ ~ \ . L,.
'Mark. ch
By:
Larry Erskine
ADDENDUM II TO EMPLOYMENT AGREEMENT
This ADDENDUM II to the Employment Agreement is entered into this 12th day of August,
1999 by and between the Monroe County Comprehensive Plan Land Authority, a land authority
pursuant to section 380.0663(1), Florida Statutes (hereinafter "Authority"), and Mark J. Rosch
(hereinafter "Employee").
WHEREAS, the parties hereto entered into an Employment Agreement dated September 8,
1993 (hereinafter "Employment Agreement"); and
WHEREAS, the initial term of the Employment Agreement expired September 8, 1996 and was
extended by Addendum I through September 7, 1999; and
WHEREAS, pursuant to paragraph 9 of the Employment Agreement, the parties hereto desire to
extend the term of the Employment Agreement;
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
September 8, 1999 to September 7,2002.
2. The Employee's salary for the duration of fiscal year 1999 shall be his current salary of
$61,034.47 per year.
3. All other provisions of the Employment Agreement shall remain in effect.
The Employment Agreement, Addendum I to the Employment Agreement, and this Addendum II
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.
Witnesses
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(!{)rr;;A;yIta.uAd~__
(2;t}~ it ~
~o.~
t!~;1I~
EMPLOYEE n
M.-1 '~ \(L_
By:. \.
Mark J. Ro h
By:
Larry Erskine
ADDENDUM I TO EMPLOYMENT AGREEMENT
This ADDENDUM I to the Employment Agreement is entered into this
;),O~ day of March 1996 by and between the r1onroe County Board of
County Commissioners, acting as the Monroe County Comprehensive
Plan Land Authority, a political subdivision of the State of
Florida, hereinafter referred to as the "Authority" and Mark J.
Rosch, hereinafter referred to as the "Employee."
WHEREAS, the parties hereto entered into an Employment Agreement
dated September 8, 1993 (hereinafter "Employment Agreement"; and
WHEREAS, the initial term of the Employment Agreement expires
September 8, 1996; and
WHEREAS, pursuant to paragraph 9 of the Employment Agreement, the
parties hereto desire to extend the term of the Employment
Agreement;
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 September B, 1996 to September 7, 1999_
2. The Employee's salary for the duration of fiscal year 1996
shall be his current salary of $54,524.08 per year.
3 - All other provisions of the Employment Agreement shall remain
in effect.
The Employment Agreement and this .1\ddendum 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 C01JNTY LAND AUTHORITY
STATE OF/PLORIDA
/--j
#~/. ./
By: /tCA ~;'~~L_
JaCEG'Ohdon, Chairman
~u~
EMPLOYEE ~. VL-
By: /If'v\ ~ \ 'i(C __~
~Ga~
~~~
[tkv
~._ _, tL.------
Wi nesses a t Employee
::przr ~;al
Larry Er~
/
e
e
EMPLOYMENT AGREEMENT
This agreement entered into this 8th day of September 1993,
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
"A.uthority" and Mark J. Rosch, hereinafter referred to as
"Employee."
In consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
1. 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:
(a) Attend meetings of the Authority Board of Directors
as well as the Land Authority Advisory Committee, and
render assistance, opinions, and advice as 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 opinions, 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.
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.
3. The Authority shall pay Employee, and Employee shall
accept from the Authority, in full payment for Employee's
services hereunder, compensation as follows:
1
e
',I
(a) Salary of $52,000 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. Employee shall retain all
benefits accrued during his tenure with the Planning
Department, including but not limited to sick leave,
vacation time, and insurance deductibles.
(c) Cost of living raises as given to Monroe County
employees. Annual performance evaluations shall be
conducted by the Chairman of the Authority. The
Chairman shall make the results of said evaluations
known to all Authority members for consideration of
merit raises.
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, furni ture, off ice
equipment, and computer equipment 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. The
Employee shall receive a vehicle allowance of $500 per
month. The Employee must provide own vehicle and proof of
insurance, and pay all costs associated wi th the
maintenance of said vehicle, including fuel costs.
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 thirty-six (36) months except as provided
for in section 10 below. pr ior to expiration of this
2
I
/
j
/
I
tit
Ie
agreement the
months notice
termina te the
both parties,
periods.
Employee shall be given at least six (6)
of the Authority's intent to extend or
agreement. With the written agreement of
this contract may be extended for similar
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 Manual and 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.
(b) Termination without Cause. A majority of three (3)
Authority members may terminate the Employee at any
time without cause by enactment of a 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.
Upon adoption of said resolution, the Authority shall
cause to be paid to the Employee, salary for six (6)
months together with payment for accrued annual leave
not yet taken by him. Full payment shall be made by
the Au thor i ty wi thin twenty ( 20) days of such
termination.
Additionally, in the event that said Employee is
removed by the Authority for cause under the
provisions of paragraph lO(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 a
removal without cause under the provisions of 9(b)
hereunder and said Employee shall be entitled to
salary payment for the balance of this thirty-six
( 36) month agreement, together with accrued annual
leave 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 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.
3
.'t
e
e
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.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
.... ~ io
MONROE COUNTY LAND AUTHORITY,
STATE OF FLORIDA _~ 0
By: to, ~~
A. Earl Cheal, Chairman
, ) ......
. J~':':. ':. :ai '~:;:;:\I -, 't.
,~ i; !~.\ . ~ .
i. ., -~l'c...... :::;:..: .^- /!
\~ ~.~'~;: ~~.y~:'.::
'.'. : . -' J-~.
EMPLOYEE ~
By, ~tUJ.- ~ KIL
Mar J. 0 ch
:::r~ Legal Slif iciency
Meyer and Erskine, P.A.
4