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HomeMy WebLinkAbout2003-149 EMPLOYMENT AGREEMENT t BETWEEN ' l INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND WILLIAM G. COLLINS II THIS AGREEMENT made and entered into on June 24 , 2003 , 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 William G. Collins II, hereinafter called "County Attorney, " for employment commencing March 18 , 2003 . WITNESSETH : WHEREAS , Indian River County desires to employ the services of William G. Collins H as County Attorney, and WHEREAS , William G. Collins II desires to accept employment as Indian River County Attorney, and WHEREAS , the State of Florida has developed a Senior Management Class within the Florida Retirement System, and WHEREAS , the County Attorney has been designated a member of the Senior Management Class , and WHEREAS , membership in the Senior Management Class requires that : 1 ) employees serve at the pleasure of their employer, and 2 ) employees may not have a continuing contract, and WHEREAS , three County employees , the County Administrator, the County Attorney and the Executive Aide, as county officers, work directly for the Board of County Commissioners, NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows : SECTION 1 . COUNTY ATTORNEY ' S DUTIES In consideration of County Attorney' s employment by the COUNTY, County Attorney shall devote full time and attention to the practice of law on behalf of Indian River County. County Attorney shall not engage in the compensated practice of law except as an employee of County, unless authorized by the County to do so . Attorney' s law practice on behalf of the County shall be under the direction of the Board of County Commissioners of Indian River County, who shall determine the matters to be assigned to County Attorney, the specific duties to be performed by County Attorney, and reasonable standards of performance to be maintained. F :\Attomey\Lea\Annual IRC Contracts\Will Collins Contract as County Attorney.doc Pagel of 3 SECTION 2 . GENERAL POWERS OF THE COUNTY Subject to the Rules of Professional Conduct, as established and amended by the Supreme Court of Florida, and all applicable laws , regulations , and rules of court, the County shall have the power to review all work performed; to determine the time and the manner of the performance of all work ; and to determine standards of performance, all of which shall be reasonable . SECTION 3 . ETHICS OF COUNTY ATTORNEY County Attorney shall abide by and perform all assigned duties in accordance with the ethics of the legal profession and all federal, state, and county laws , regulations and ordinances regulating the practice of law . SECTION 4 . ANNUAL COMPENSATION For all services rendered County Attorney shall be paid a salary of One Hundred Twelve Thousand Eight Hundred Nine and 06/ 100 Dollars ($ 112 , 809 . 06) annually, payable in 26 biweekly installments of $4 , 338 . 81 , as adjusted for necessary deductions . County Attorney' s salary shall be increased by any cost-of- living increase granted other County employees . Salary shall be adjusted retroactively to the commencement date of this Agreement. In addition to salary, County Attorney' s compensation includes a car allowance of $275 . 00 monthly. 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 County Attorney 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 . In addition, Continuing Legal Education as necessary to maintain certifications and Bar membership , and additional Continuing Legal Education deemed relevant or appropriate by the County Attorney, will be paid by County. The term "Continuing Legal Education" includes travel , lodging, and per diem expenses . County shall pay County Attorney' s Florida Bar dues, Florida Bar section fees , board certification or recertification fees , and local bar association dues . County Attorney is included in the "Senior Management Service Class" of the Florida Retirement System . SECTION 6. CONTRACT The County Attorney 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 This employment contract is for one year from the commencement date written above . The contract is not continuing in nature and must be renewed on an annual basis . Renewals shall be under the same terms as this agreement or as otherwise agreed to by the parties, except that Section 4 . Annual Compensation maybe increased. County shall provide County Attorney at least 30 days ' written notice in the event of non-renewal. F:\Attomey\Lea\Annual IRC Contracts\Wil Collins Contract as County Attorney.doc Page 2 of 3 SECTION 8. TERMINATION This contract may be terminated at will by the County or by County Attorney upon 30 days ' written notice given to the other party. Any accrued annual leave and sick leave will be paid in full, less regular deductions , in the event a contract is terminated or not renewed . SECTION 9 . SEVERANCE If the County terminates this contract at any time or in the event of County' s failure to renew an employment agreement with County Attorney containing equal or more favorable terms for County Attorney, County shall pay one month ' s severance pay for each year of service in County employ (prorated by month) not to exceed 12 months ' pay, and County shall maintain County Attorney' s health insurance coverage and pay County Attorney' s health insurance premiums for the same period of time. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above . Attest : J . K. Barton, Clerk INDIAN RIVER COUNTY Board of County Commissioners BOA� Deputy Clerk nneth R. Macht, Chairman BCC approved : June 24 , 2003 COUNTY ATTORNEY Date William G. Collins IT r, Noted : ames E . Chan r, Administrator FAAttorney\Lea\Annual IRC Contracts\Wil Collins Contract as County Attorney.doc Page 3 of 3 PERSONNEL ACTION REPORT 10 / 21 / 02 INDIAN RIVER COUNTY BANGEL - - PAUL G 39286 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - N'� ( LAST ) ( FIRST ) ( MI ) EMPLOYEE NUMBER 10 / 11 / 2002 07 / 10 / 2000 GENERAL WAGE INCREASE 2 . 50 - - - - - EFFECTIVE DATE - - - - - - - - - - - - - - - HIRE DATE NATURE OF ACTION FROM TO COUNTY ATTORNEY DEPT . /DIVISION - - - - - - - - - - - - - - - - - - - - - - - - 001 - 102 - 514 - 011 . 12 ACCOUNT NUMBER - - - - - - - - - - - - - - - - - - - - - - - - COUNTY ATTORNEY JOB TITLE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $ 4232 _ 99 / 110 , 057 . 74 SALARY $ 4338 . 81 / 112 , 809 . 06 - - - - - - - - - - - - - BI - WEEKLY/ANNUAL - - - - - - - - - - - - - - - - - - - - - - - - REGULAR FULL - TIME & PART - TIME EMPLOYEES ARE ELIGIBLE FOR THE 10 / 11 / 2002 GENERAL WAGE INCREASE 14 ANY EMPLOYEE OVER THE PRESENT GRADE MAXIMUM MAY RECEIVE A PARTIAL INCREASE UP TO THE NEW GRADE MAXIMUM , GENERAL WAGE INCREASE IS CALCULATED ON BI - WEEKLY SALARIES FOR EMPLOYEES PAID BI - WEEKLY ; ALL OTHERS ARE CALCULATED ON HOURLY SALARIES , THE NEW PAY MAXIMUM FOR YOUR GRADE ( A - 00 ) IS $ 000 / 0 - - - - - - - - - - - - - - - - - - - @ INDICATES PARTIAL INCREASE