Loading...
Item R6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17. 2004 Division: County Attorney Bulk Item: Yes --.X...- No Department: County Attorney AGENDA ITEM WORDING: Approval of Amendment to the Agreement with the current County Administrator James L. Roberts. ITEM BACKGROUND: James Roberts has been the County Administrator since September of 1993. His current Agreement expires on December 31, 2004 and it is necessary to define the services he will be available to render to the County during that period. The County has hired a new County Administrator to succeed Mr. Roberts. PREVIOUS RELEVANT BOCC ACTION: Approval of Agreements with James L. Roberts. CONTRACT/AGREEMENT CHANGES: Definition of services. STAFF RECOMMENDATIONS: Approval. TOTAL COST: No Additional Costs. BUDGETED: Yes ~ No COST TO COUNTY: No Additional Costs SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty --.X...- OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: ~,~~ c..~/ ~, I JohoR. Co . DOCUMENTATION: Included X To Follow Not Required_ DISPOsmON: AGENDA ITEM # R 19 AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this 17th day of November, 2004, between the County of Monroe and James l. Roberts. WHEREAS, there was a contract entered into on April 19, 2000, between the parties, for the provision By Roberts of services as the county administrator, and WHEREAS, the contract expires on December 31, 2004; and WHEREAS, a new county administrator has commenced the responsibility of County Administrator; and WHEREAS, it is desirable for Roberts to continue to provide services under his contract through the expiration date in order to continue uninterrupted those ongoing projects which require action from the County Administrator but for which the new administrator requires the assistance of an administrator already familiar with the projects and processes; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Roberts shall continue to provide those services required under his contract as coordinated with the new County Administrator. 2. Services may be provided at locations other than the offices and County facilities routinely used for the perfonnance of such services. 3. Roberts shall remain available to the new County Administrator, the County Attorney and County commissioners by telephone and such other means of communication (facsimile and/or e-mail) during nonnal working hours through the tennination date of his contract. 2. The remaining provisions of the contract dated April 19, 2000, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. . __J~.~es l. ~oberts/ \ / --.; j ----ti.-t--- " -- . (_ Lol:. ;" l;:.j James L. Roberts (SEAl) ATTEST: DANNYL.KOLHAGE,CLERK BY: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Deputy Clerk Mayor/Chainnan - ' . MONROE COUNTY STANDARD EMPLOYMENT AGREEMENT (EXTENDED TERM) THIS AGREEMENT Is entered Into this I'I~ day of ~ ' 2000, for the extended term beginning January 1, 2001, and ending 0 ember 31, 2004, by and between the Monroe County Board of County Commissioners, a political subdivision of the State of Florida, hereinafter referred to as "Board" and James L. Roberts, hereinafter referred to as "Employee." Services of the Employee during the extended term shall commence' January 1, 2001. In consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: The Board hereby extends the term of employment of Employee as County Administrator, serving under the direct management of the Board of County Commissioners. Employee shall carry out to the best of his ability the following functions and duties. In addition to the jurisdiction, authority and duties which may be conferred upon the Employee by other provisions of the Monroe County Code, the Employee shall have the following jurisdiction, authority and duties as described In Addendum A (attached signed copy of Job description). 1. Employee agrees that he will at all times faithfully, Industriously, and to the best of his ability, experience and talents, perform all of the duties that may be required of and from him pursuant to the terms hereof. 2. This Board shall pay Employee, and -Employee shall accept from the Board, In full payment for Employee's services hereunder, compensation as follows: a) Salary of $111,644.08 per annum (FY2000 base). b) Benefits and services received by other Monroe County employees, Including but not limited to life Insurance, medical, hosPltali. tlon, dental and vision care, retlrement, holidays, annual and sick leav i ~ ,!pCI<ll Securtty benefits as ProvIded by the Monroe County Personn ,flQlld~ aiRI Procedures except as expressly amended below. ~~=< ~ g] QC") r- I\) .." ~..... CII Q c) Employee, at the direction of the Board of County Qjij'f,tJls~nl!ls, shall represent the Board's Interests at natlonal, state and IO~Ffislq'ija1 society functions. .~: Ii; C:;, ~ 'D C::J 3. The Employee shall be entitled to annual cost of living and/or merit raises as may be awarded to Monroe County employees each fiscal year beginning October 1. . ' . 4. Employee shall devote all of his time, attention, knowledge, and skill during working hours solely to County matters, and Employee shall not engage In any outside employment during the period of this contract. 5. The Employee shall have the use of County services and personnel to carry out the functions of his job, including, but not limited to: legal, accounting, secretarial and clerical assistance, as well as such office space, utilities, telephone services, custodial services, books, library, postage; office supplies, photocopy equipment, furniture, office equipment and computer equipment as may be necessary. 6. Employee shall have, In addition to those .amen/tles mentioned above, an additional five (5) days personal leave. Nothing contained in this agreement shall prevent, limit or otherwise Interfere with the right of the Employee to resign at any time from his position with the County, providing the Employee shall give the Commission 90 days notice, unless the parties shall otherwise agree. 7. The Board shall reimburse the Employee for all travel and lodging expenses on approved County business at the rate specified under Florida Statutes. 8. Employee may be terminated in the following manner: a) For Cause. The BOCC may remove the Employee from office for cause as set forth In the Monroe County Employment Polldes a~d Procedures Manual In accordance with the procedure 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. The BOCC may remove' the Employee at any time without cause by enactment of a resolution at any regularly convened Board 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 Board shall caus~ to be paid to the Employee nine (9) months severance pay, together with payment for accrued annual leave not yet taken by him and any pro rated sick leave to which the Employee may be entitled under Monroe County Personnel Policies and Procedures Manual. Full payment shall be made by the Board within twenty (20) days of such termination. Additionally, In the event that said Employee prevails in litigation challenging his termination for cause under the provisions of 8(a) above, he shall receive his reasonable attorney's fees and court costs Incurred in successfully bringing said suit, and, if Employee prevails following an appeal, his reasonable appellate fees and costs as well. The Board further agrees to pay to the Employee the sum of $550.00 per month as and for an automobile allowance. This allowance shall be in lieu of a County- furnished car and shall cover all costs Incurred In intra-County vehicular travel, including, but not limited to: cost of rental, fuel and oil, repairs, Insurance and other normally incurred costs. In the event that the Board shall vote to abolish the Employee's position during Employee's term of office, the same shall be deemed a removal without cause under the provision of this subsection. - '~iN'"" WITNESS WHEREOF, the parties hereto have set their hands and seals the day r first above written. -~?~ JAMES L. ROBERTS, Employee jdconroberts '.