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HomeMy WebLinkAbout2004-199 EMPLOYMENT AGREEMENT G BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND KIMBERLY E. MASSUNG EXECUTIVE AIDE THIS AGREEMENT made and entered into on August 24, 2004, 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 Kimberly E . Massung, Executive Aide to the Commission, hereinafter called "Aide, " for employment commencing June 20, 2004 . WITNESSETH WHEREAS Indian River County desires to employ the services of Kimberly E . Massung as Executive Aide to the Commission; and WHEREAS the State of Florida has developed a Senior Management Class within the Florida Retirement System; and WHEREAS the EXECUTIVE AIDE qualifies to be a member of the Senior Management Class and participate in its many advantages; 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 employees, the County Administrator, the County Attorney and the Executive Aide, as County officers, work directly for the Board of County Commissioners; and WHEREAS Kimberly E . Massung desires to accept employment as the Executive Aide to the Indian River Board of County Commissioners . NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows : SECTION 1 . AIDE ' S DUTIES In consideration of AIDE ' s employment by the County, AIDE shall devote full time and attention to the duties set forth in Section 101 . 07 of the Indian River County Code on behalf of County . AIDE shall not engage in outside work except as an employee of County, unless authorized by the Board of County Commissioners to do so . Page 1 of 3 County shall have the power to determine the matters to be assigned to AIDE, the specific duties to be performed by AIDE, and reasonable standards of performance to be maintained . SECTION 2. GENERAL POWERS OF COUNTY County shall have the power to review all work performed and to require AIDE to revise such work or work product ; 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 AIDE AIDE shall abide by and perform all assigned duties in accordance with county laws, regulations and ordinances regulating ethics . SECTION 4. ANNUAL COMPENSATION For all services rendered by AIDE, AIDE shall be paid a salary of sixty-three thousand dollars and 00/00 ($ 63 , 000) annually, payable in 26 biweekly installments of $2,423 . 08 , as adjusted for necessary deductions . AIDE ' 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 . 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 AIDE 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 . AIDE shall be included in the " Senior Management Service Class" of the Florida Retirement System . County shall provide Long Term Disability Insurance for AIDE . SECTION 6. CONTRACT The AIDE 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 may be increased . COUNTY shall provide AIDE at least 30 days ' written notice in the event of non-renewal . Page 2 of 3 SECTION 8. TERMINATION This contract may be terminated by either party by 30 days ' written notice given to the other party. 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 AIDE, County shall pay AIDE one month' s severance pay for each year of service in County employ (prorated by month) not be exceed twelve months pay, and shall continue health insurance coverage under the same terms for a like period . In the event AIDE must resign because of serious life threatening illness, certified by a medical doctor, which makes continued employment an impossibility, or in the event AIDE resigns under pressure from one or more County Commissioners, or under circumstances suggesting constructive discharge, AIDE shall be entitled to the same severance package as listed above . Any accrued annual leave and sick leave will be paid in full when a contract is terminated or not renewed . IN WITNESS THEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above . INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Attest : J. K. Barton, Clerk BBy t. L� Deputy Clerk Caroline D . Ginn, C airman BCC Approved : Migust 24 , 2004 EXECUTIVE AIDE TO THE COMNIISSION Kim rly E . Massung Dated ' 12AQ Noted : Noted : ?oseph . Baird, Administrator William G. Collins II, County Attorney Page 3 of 3