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HomeMy WebLinkAbout2008-077EMPLOYMENT AGREEMENT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND JOSEPH A. BAIRD COUNTY ADMINISTRATOR THIS AGREEMENT made and entered into on March 4, 2008, 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, 2008. WITNESSETH WHEREAS Indian River County desires to employ the services of Joseph A. Baird as County Administrator; and WHEREAS Joseph A. Baird desires to accept employment as the County Administrator for Indian River County. 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; and 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, and the Commissioners Assistants. 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.). SECTION 2. GENERAL POWERS OF COUNTY It is the intent of the Legislature 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 State Constitution. SECTION 3. ETHICS Administrator shall abide by and perform all assigned duties in accordance with county laws, regulations and ordinances regulating ethics. Page I of 3 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 during the second and third years of this agreement. 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 including International City Managers Association, Government Finance Officers Association, and others deemed relevant or appropriate by the Administrator. 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 Long Term Disability Insurance for Administrator and health insurance 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 most appropriate to conduct the affairs of the County, the standard cost of which shall not exceed $100.00 per month. 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. Year one is March 23, 2008 to March 22, 2009; year two is March 23, 2009 to March 22, 2010, and year three is March 23, 2010 to March 22, 2011. The contract is not continuing in nature and must be renewed prior to March 22, 2011. 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 90 days written notice in the event of non -renewal. Page 2 of 3 SECTION 8. 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. Any accrued annual leave and sick leave will be paid in full when a contract is terminated or not renewed. 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, County shall pay Administrator one month's severance pay for each year of service, not to exceed twelve (12) months' pay in the first year of the agreement; eleven (11) months' pay in the second year of the agreement; and ten (10) months' pay in the third year of the agreement. 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 in the event Administrator resigns under pressure from one or more County Commissioners, or under circumstances suggesting constructive discharge, Administrator shall be entitled to the same severance package as listed above. 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 By C� a� Deputy Clerk Date`l1 krq.. 5, zco8 INDIAN RIVER COUNTY; FLORIDA BOARD OF COUNTY COMMISSIONERS By San ra .Bowden BCC Approved: _March v, 2008 COUNTY ADMfNf;TRA Page 3 of 3 Collins, II, County Attorney