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HomeMy WebLinkAbout2011-071 e � EMPLOYMENT AGREEMENT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND JOSEPH A . BAIRD COUNTY ADMINISTRATOR THIS AGREEMENT made and entered into on March 15 , 2011 by and between the Board of County Commissioners of Indian River County , Florida, a political subdivision of the State of Florida, hereinafter called County, and Joseph A . Baird , County Administrator, hereinafter called Administrator, for employment effective March 23 , 2011 . WITNESSETH WHEREAS , Indian River County desires to employ the services of Joseph A . Baird as County Administrator ; and WHEIZCAS , Administrator desires to accept employment as the County Administrator for Indian River County ; and WHEREAS , two employees , the County Administrator and the County Attorney , as County officers , work directly for the Board of County Commissioners ; and WHEREAS , it is compulsory for the County Administrator to be a member of the Senior Management Class of the Florida Retirement System , NOW THEREFORE , in consideration of the mutual covenants herein contained , the parties agree as follows : SECTION 1 . ADMINISTRATOR ' S DUTIES The Administrator shall be responsible for the administration of all departments responsible to the Board of County Commissioners , except the County Attorney and staff. The Administrator shall also be responsible for the proper administration of all affairs under the jurisdiction of the Board . The Administrator ' s authority and duty shall include , but not be limited to , the powers and duties as found in the County Code Section 101 . 05 . 1 (a . through u . ) and 125 . 74 , Florida Statutes , SECTION 2 . GENERAL POWERS OF COUNTY It is the intent of the Board to grant to the County Administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of the County pursuant to s . 1 (0 , Art . VIII of the Florida Constitution . Page 1 of 4 EMPLOYMENT AGREEMENT l BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND JOSEPH A. BAIRD COUNTY ADMINISTRATOR THIS AGREEMENT made and entered into on March 15 , 2011 by and between the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, hereinafter called County, and Joseph A . Baird , County Administrator, hereinafter called Administrator, for employment effective March 23 , 2011 . WITNESSETH WHEREAS , Indian River County desires to employ the services of Joseph A . Baird as County Administrator ; and WHEREAS , Administrator desires to accept employment as the County Administrator for Indian River County ; and WHEREAS , two employees , the County Administrator and the County Attorney , as County officers , work directly for the Board of County Commissioners ; and WHEREAS , it is compulsory for the County Administrator to be a member of the Senior Management Class of the Florida Retirement System , NOW THEREFORE , in consideration of the mutual covenants herein contained , the parties agree as follows : SECTION 1 . ADMINISTRATOR' S DUTIES The Administrator shall be responsible for the administration of all departments responsible to the Board of County Commissioners , except the County Attorney and staff. The Administrator shall also be responsible for the proper administration of all affairs under the jurisdiction of the Board. The Administrator ' s authority and duty shall include , but not be limited to , the powers and duties as found in the County Code Section 101 . 05 . 1 (a. through u . ) and 125 . 74 , Florida Statutes . SECTION 2 . GENERAL POWERS OF COUNTY It is the intent of the Board to grant to the County Administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of the County pursuant to s . 1 (f) , Art . VIII of the Florida Constitution . Page 1 of 4 e SECTION 3 . ETHICS Administrator shall abide by and perform all assigned duties in accordance with the ethical standards applicable to public officers , and all other applicable federal , state , and county laws , regulations and ordinances . Administrator shall immediately notify the County Commission within three days of contact when an information has been filed by a prosecuting official against him , when indicted by a Grand Jury, or when arrested , for any offense or violation of law . The Commission shall determine if it is in the best interests of the County to : a) Retain Administrator in his regular position pending court disposition ; and/or b) Place Administrator on leave with or without pay until such time as any charges are disposed of by trial , acquittal , dismissal , conviction , or other judicial action ; and/or C) Initiate disciplinary action up to and including termination . In the event that Administrator pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of Administrator, or which would tend to affect the Administrator ' s relationship to the job or fellow workers , or negatively reflect on the reputation of the County, Administrator may be terminated from employment , without severance or compensation per Section 9 Severance of this agreement. SECTION 4 . ANNUAL COMPENSATION For all services rendered by Administrator, Administrator shall be paid a salary of one hundred eighty four thousand, eight hundred and twenty- six dollars and twenty cents annually , payable in 26 biweekly installments of $ 7 , 108 . 70 , as adjusted for necessary deductions . In addition to salary, Administrator ' s compensation includes a car allowance of $ 350 monthly . Administrator ' s salary shall be increased by any cost- of- living increase granted other county employees . SECTION 5 . ADDITIONAL BENEFITS County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual . These rights and benefits are available to Administrator on the same terms and conditions that they are available to a full- time , regular non- contract employee ; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the County Administrative Policy Manual . County shall pay all professional dues , continuing education , subscriptions , and certification fees for Administrator, in accordance with the usual and customary practice of local governments in Florida . The term continuing education includes travel , lodging, and per diem expenses . Under State law it is compulsory for Administrator to be included in the " Senior Management Service Class" of the Florida Retirement System . County agrees to make contribution into a county approved deferred compensation program equal to the maximum contribution allowable by law . County shall also provide health insurance Page 2 of 4 e SECTION 3 . ETHICS Administrator shall abide by and perform all assigned duties in accordance with the ethical standards applicable to public officers , and all other applicable federal , state , and county laws , regulations and ordinances . Administrator shall immediately notify the County Commission within three days of contact when an information has been filed by a prosecuting official against him , when indicted by a Grand Jury, or when arrested , for any offense or violation of law . The Commission shall determine if it is in the best interests of the County to : a) Retain Administrator in his regular position pending court disposition ; and/or b) Place Administrator on leave with or without pay until such time as any charges are disposed of by trial , acquittal , dismissal , conviction , or other judicial action ; and/or C) Initiate disciplinary action up to and including termination . In the event that Administrator pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of Administrator, or which would tend to affect the Administrator ' s relationship to the job or fellow workers , or negatively reflect on the reputation of the County, Administrator may be terminated from employment , without severance or compensation per Section 9 Severance of this agreement. SECTION 4 . ANNUAL COMPENSATION For all services rendered by Administrator, Administrator shall be paid a salary of one hundred eighty four thousand, eight hundred and twenty- six dollars and twenty cents annually , payable in 26 biweekly installments of $ 7 , 108 . 70 , as adjusted for necessary deductions . In addition to salary, Administrator ' s compensation includes a car allowance of $ 350 monthly . Administrator ' s salary shall be increased by any cost- of- living increase granted other county employees . SECTION 5 . ADDITIONAL BENEFITS County provides employees with a number of benefits that are set forth in the Indian River County Administrative Policy Manual . These rights and benefits are available to Administrator on the same terms and conditions that they are available to a full- time , regular non- contract employee ; provided, however, specific terms of this employment agreement shall control and govern if there is any conflict with benefits and rights afforded under the County Administrative Policy Manual . County shall pay all professional dues , continuing education , subscriptions , and certification fees for Administrator, in accordance with the usual and customary practice of local governments in Florida . The term continuing education includes travel , lodging, and per diem expenses . Under State law it is compulsory for Administrator to be included in the " Senior Management Service Class" of the Florida Retirement System . County agrees to make contribution into a county approved deferred compensation program equal to the maximum contribution allowable by law . County shall also provide health insurance Page 2 of 4 dependent care coverage . County Administrator may elect, once per calendar year, to submit to a complete physical examination , including a cardio -vascular examination , by a qualified physician selected by the county administrator , the cost of which shall be paid by the County . County agrees to provide and pay for a cell phone for the County Administrator . The County Administrator shall select a cell phone plan (including enterprise exchange and data) most appropriate to conduct the affairs of the County . SECTION 6 . CONTRACT The Administrator acquires no property rights in employment but has only the contractual rights set forth or incorporated by reference in this employment agreement. SECTION 7 . TERMS The employment contract is for three years from the commencement date written above . The contract is not continuing in nature and must be renewed for each subsequent term . Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties , except that Section 4 Annual Compensation may be increased . County shall provide Administrator at least 30 days written notice in the event of non-renewal . SECTION S . TERMINATION This contract may be terminated by Administrator at any time and for any reason by resignation with 30 days written notice , in which case Administrator will be paid through the last day worked, or by the County , at any time or for any reason , by giving Administrator 90 days notice of termination ; provided , however, that commencing July 1 , 2011 , the County ' s notice period shall reduce to 30 days . Any accrued sick leave will be paid in full up to a maximum of 400 hours , and accrued vacation leave will be paid up to a maximum of 15 weeks ( 562 . 5 hours) , when this contract is terminated or not renewed . If the vacation cap is reduced to less than 15 weeks for general employees , the County Administrator ' s maximum vacation cap will be reduced accordingly . SECTION 9 . SEVERANCE If County terminates this contract at any time , or in the event of County ' s failure to renew an employment contract with Administrator under equally favorable terms , County shall pay Administrator five months severance . County shall maintain Administrator ' s health insurance premiums for the same period of time . In the event Administrator must resign because of serious life threatening illness , certified by a medical doctor, which makes continued employment an impossibility , or under circumstances constituting constructive discharge , Administrator shall be entitled to the same severance package as listed above . Page 3 of 4 dependent care coverage . County Administrator may elect, once per calendar year, to submit to a complete physical examination , including a cardio -vascular examination , by a qualified physician selected by the county administrator , the cost of which shall be paid by the County . County agrees to provide and pay for a cell phone for the County Administrator . The County Administrator shall select a cell phone plan (including enterprise exchange and data) most appropriate to conduct the affairs of the County . SECTION 6 . CONTRACT The Administrator acquires no property rights in employment but has only the contractual rights set forth or incorporated by reference in this employment agreement. SECTION 7 . TERMS The employment contract is for three years from the commencement date written above . The contract is not continuing in nature and must be renewed for each subsequent term . Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties , except that Section 4 Annual Compensation may be increased . County shall provide Administrator at least 30 days written notice in the event of non-renewal . SECTION S . TERMINATION This contract may be terminated by Administrator at any time and for any reason by resignation with 30 days written notice , in which case Administrator will be paid through the last day worked, or by the County , at any time or for any reason , by giving Administrator 90 days notice of termination ; provided , however, that commencing July 1 , 2011 , the County ' s notice period shall reduce to 30 days . Any accrued sick leave will be paid in full up to a maximum of 400 hours , and accrued vacation leave will be paid up to a maximum of 15 weeks ( 562 . 5 hours) , when this contract is terminated or not renewed . If the vacation cap is reduced to less than 15 weeks for general employees , the County Administrator ' s maximum vacation cap will be reduced accordingly . SECTION 9 . SEVERANCE If County terminates this contract at any time , or in the event of County ' s failure to renew an employment contract with Administrator under equally favorable terms , County shall pay Administrator five months severance . County shall maintain Administrator ' s health insurance premiums for the same period of time . In the event Administrator must resign because of serious life threatening illness , certified by a medical doctor, which makes continued employment an impossibility , or under circumstances constituting constructive discharge , Administrator shall be entitled to the same severance package as listed above . Page 3 of 4 t IN WITNESS THEREOF , the parties have caused this agreement to be fully executed at Vero Beach on the date set forth above . Attest : J . K . Barton, Clerk INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY COMMISSIONERS By � ,�,.-- Deputy Clerk Date 3/i/ il coms9By � 06w4 ���• • ' ' ' ' �®�`• Bob Solari , Chairman BCC Approved : March 15 , 2011 tr COUNTY ADMINISTRATOR p . �9 o °Ytr° gpppp pp °p septi A . Band Approved as to.I a for and sufficiency Alan lack , Sr . , County Attorney Page 4 of 4 t IN WITNESS THEREOF , the parties have caused this agreement to be fully executed at Vero Beach on the date set forth above . Attest : J . K . Barton, Clerk INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY COMMISSIONERS By � ,�,.-- Deputy Clerk Date 3/i/ il coms9By � 06w4 ���• • ' ' ' ' �®�`• Bob Solari , Chairman BCC Approved : March 15 , 2011 tr COUNTY ADMINISTRATOR p . �9 o °Ytr° gpppp pp °p septi A . Band Approved as to.I a for and sufficiency Alan lack , Sr . , County Attorney Page 4 of 4 e � EMPLOYMENT AGREEMENT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND JOSEPH A . BAIRD COUNTY ADMINISTRATOR THIS AGREEMENT made and entered into on March 15 , 2011 by and between the Board of County Commissioners of Indian River County , Florida, a political subdivision of the State of Florida, hereinafter called County, and Joseph A . Baird , County Administrator, hereinafter called Administrator, for employment effective March 23 , 2011 . WITNESSETH WHEREAS , Indian River County desires to employ the services of Joseph A . Baird as County Administrator ; and WHEIZCAS , Administrator desires to accept employment as the County Administrator for Indian River County ; and WHEREAS , two employees , the County Administrator and the County Attorney , as County officers , work directly for the Board of County Commissioners ; and WHEREAS , it is compulsory for the County Administrator to be a member of the Senior Management Class of the Florida Retirement System , NOW THEREFORE , in consideration of the mutual covenants herein contained , the parties agree as follows : SECTION 1 . ADMINISTRATOR ' S DUTIES The Administrator shall be responsible for the administration of all departments responsible to the Board of County Commissioners , except the County Attorney and staff. The Administrator shall also be responsible for the proper administration of all affairs under the jurisdiction of the Board . The Administrator ' s authority and duty shall include , but not be limited to , the powers and duties as found in the County Code Section 101 . 05 . 1 (a . through u . ) and 125 . 74 , Florida Statutes , SECTION 2 . GENERAL POWERS OF COUNTY It is the intent of the Board to grant to the County Administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of the County pursuant to s . 1 (0 , Art . VIII of the Florida Constitution . Page 1 of 4