HomeMy WebLinkAbout1st Amendment 11/16/2005
elerk If The
eirc. cOIn
Danny L. Kolhage
Phone: (305)295-3130
FAX: (305)295-3663
Memorandimt
To:
Dixie M. Spehar,
County Commissioner V
Isabel C. DeSantis, Deputy Clerk y;-'
Monday, December 05, 2005
From:
Date:
At the Regular BOCC Meeting held on November 16, 2005, the Board granted
approval and authorized execution of an Amendment to Employment Agreement
between Monroe County and Thomas J. Willi, County Administrator.
Attached hereto is a certified copy of the subject document for your handling.
Should you have any questions concerning this matter, please feel free to contact this
office.
Copies:
County Attorney
Finance, c/o Z. Rojas
File /
AMENDMENT TO EMPLOYMENT AGREEMENT
COUNTY ADMINISTRATOR
THIS AMENDMENT is made and entered into this 16th day of November, 2005,
between the Board Of County Commissioners Of Monroe County, Florida, hereinafter "County",
and Thomas J. Willi., hereinafter "County Administrator."
WHEREAS, on September 8, 2004, the parties entered into an agreement for County
Administrator for the period November 1, 2004, through October 31,2008; and
WHEREAS, the parties desire to change certain terms due to conditions being changed by
the events of Hurricanes Dennis, Katrina, Rita, and Wilma; now therefore,
IN CONSIDERATION OF THE MUTUAL COVENANTS BELOW, IT IS AGREED AS
FOLLOWS:
1. Section 8, Base Salary, of the Agreement entered September 8, 2004, shall be amended to
read:
As partial consideration for the agreements and services to be performed by the
Administrator for the benefit of the BOCC and the County as contained elsewhere in this
Agreement, the BOCC will pay to the Administrator, for the period commencing on November 1,
2004, through September 30, 2005, as and for a base salary, the sum of One Hundred Thirty
Thousand Dollars ($130,000.00). For the period commencing on October 1, 2005, through
September 30" 2006, the BOCC will pay to the Administrator, as and for a base salary, the sum of
One Hundred Forty-Two Thousand Dollars ($142,000.00) per annum. For purposes of this
Agreement, "per annum" will be defined as the fiscal year which commences on October I st and
ends on the following September 30th.
A. The salary shall be paid in installments at the same time and in the same manner as other
County employees are paid, and will be subject to all legally required deductions. Currently,
payments are paid in equal biweekly installments (26 pay periods per annum).
B. The County may, at its option, increase the base salary in such amounts and to such an
extent as the BOCC may determine, in its sole discretion, based upon the BOCC's evaluation of the
performance of the Administrator. Such evaluation shall be in the form and manner that the BOCC
deems appropriate. Both the BOCC and the Administrator agree that nothing in this sub-section
shall be interpreted to be a promise, obligation or duty of the BOCC to provide for any increase in
base salary, and such decision shall be the sole prerogative of the BOCC, but it is agreed by and
between the BOCC and the Administrator that the Administrator shall receive, commencing on
October 1, 2005, and thereafter during the term of this Agreement the annual percentage increase of
base salary as received by other non-union County employees.
C. The BOCC agrees that at no time during the term of this Agreement will the salary or
other benefits provided to the Administrator be decreased once agreed upon by both parties.
2. Section 9, Transportation, of the Agreement entered September 8, 2004, shall be amended to
add the following language:
Effective on such date as a County vehicle is assigned to the Administrator, the
Administrator shall have the use of a County vehicle instead of the transportation allowance for in-
County travel. The monthly travel allowance for the month of the assignment shall be pro-rated
accordingly. Reimbursement for out-of-County travel shall continue as of the date of the
assignment of a County vehicle to the Administrator to be made on a per trip basis under applicable
Monroe County Code provisions without a mileage calculation.
3. Section 15, Annual Leave, etc., Paragraph A shall be amended to read as follows:
A. The Administrator will earn and be credited with annual leave at a rate per month equal to the
highest rate earned by any other employee or officer of the BOCC. The Administrator may
accumulate annual leave without limit and no unused annual leave shall be forfeited due to nonuse,
any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding;
however, the Administrator and BOCC agree that the Administrator must take five (5) days of
annual leave during each fiscal year, starting with the second year of the employment agreement,
with at least five days being consecutive.
4. Section 20, Performance Evaluation, of the Agreement entered September 8, 2004, shall be
amended to read as follows:
The BOCC and Administrator shall annually define goals, performance objectives,
relative priorities, and time lines for performance which the BOCC and Administrator mutually
agree are minimally necessary for the proper operation of county government and achievement of
the BOCC's policy objectives. The mutual agreement may be memorialized by a Resolution or
Resolutions of the BOCC, and the Resolution or Resolutions may become the basis for review and
evaluation of the Administrator's work performance. A review and performance evaluation of the
Administrator may be conducted at least once during each fiscal year, and more often as the BOCC
may deem appropriate. During the first ninety (90) days of this Agreement, the BOCC and
Administrator may mutually agree upon the format and form of the evaluation instrument to be used
for purposes stated in this section.
5. All other provisions of the September 8, 2004 agreement, not inconsistent herewith,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COU FLORIDA
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