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04-26-2004 COMMUNICATIONS INTERLOCAL AGENCY — GOVERNING BOARD Now APRIL 26, 2004 — SPECIAL MEETING MINUTES A Special Meeting of the C.I.A. Board was held pursuant to public notice at the VCOG office on 1190 Pelican Bay Dr., Daytona Beach, Florida on April 26, 2004. Chairman Donald Schmidt called the meeting to order at 4:05 p.m. A roll call was held with Mayors Schmidt, Vandergrifft and Green present. Also in attendance were Port Orange City Manager Ken Parker, New Smyrna Beach Assistant City Manager John Hagood, Board Counsel Margaret Roberts, Shannon McBride -Lewis and Fire Chief Tracey Barlow. The Chairman called for all to rise for the pledge of allegiance. Under Discussion /Action items, Interim Director Burgman presented for the consideration of the Board, the employment contract of Patrick T. Kelly as the new Director of RCC. City Manager Ken Parker addressed the Governing Board and brought the recommendation of the Executive Committee to hire Mr. Kelly. Mr. Parker noted that Shannon Lewis negotiated the contract with Mr. Kelly within the guidelines that the Executive Committee provided, and the terms and conditions are those that the ,, City Managers can recommend. Mr. Parker noted that there a few changes in the contract which related to health insurance which was not needed by Mr. Kelly and which was negotiated that a portion of that benefit would be placed into the retirement account. A motion to approve the employment contract of Mr. Kelly was called for with a role call, with Mayors Schmidt, Vandergrifft and Green unanimously approving the appointment of Patrick Kelly to the position of Director of RCC. Mr. Kelly expressed his appreciation for the opportunity to work at RCC and bring his expertise to the area for the betterment of the public. Shannon McBride stated that Mr. Kelly had already completed his physical and drug screen and she expected the results shortly. The date of the next regularly scheduled meeting is May 13, 2004. The meeting adjourned at 4:15 p.m. Approved by the Board on May 13, 2004. By �,C�� % sr Chairman Donald Schmidt r , COMMUNICATIONS INTERLOCAL AGENCY EMPLOYMENT AGREEMENT THIS AGREEMENT is made and executed this day of 2004, by and between the Communications Interlocal Agency, an entity existing pursuant to an interlocal agreement as authorized by Section 163.01, Florida Statutes (hereinafter referred to as "Interlocal Agency ") and Patrick T. Kelly of Ormond Beach, Florida (hereinafter referred to as "Mr. Kelly "). It is the desire of the Interlocal Agency to specify certain benefits, establish certain conditions of employment and to set working conditions of Mr. Kelly. SECTION 1. DUTIES: The Interlocal Agency hereby agrees to employ Mr. Kelly to perform the functions and duties in the position of Communications Director of the Regional Communications Center. Additionally, Mr. Kelly shall comply with the Interlocal Agency administrative procedures, and other applicable laws, and shall perform such other legally permissible and proper duties and functions as may be assigned from the Interlocal Agency Governing Board (hereinafter referred to as the "Board "). Mr. Now Kelly shall be responsible for keeping the Board informed of his activities and shall submit progress reports on his activities and accomplishments as required by the governing Interlocal Agreement and when otherwise directed to do so. Office hours shall be maintained in the appropriate office in accordance with directions from the Board. SECTION 2. TERMS: This Agreement shall be in force from April 26, 2004 and shall remain in force until this Agreement is terminated in accordance with the provisions set forth below. Mr. Kelly shall serve at the will and pleasure of the Board. Should the Board elect to terminate this Agreement, the Board shall provide thirty (30) days notice. The Board may elect to accept the date of notification as the last date the employee is required to work, and may elect to pay the employee for all or part of the period of the thirty (30) day notice as if the employee actually worked these days. Mr. Kelly is entitled to 3 months severance pay, plus one additional week for each year served, not to exceed 6 months. Should Mr. Kelly elect to terminate this Agreement, Mr. Kelly shall provide thirty (30) days notice. If Mr. Kelly provides notice of termination, the Board shall have Now Kelly Employment Contract 1 Draft 2 04/16/04 the right to accelerate the date of termination, with compensation payable to Mr. ''— Kelly to the date, which was provided as an effective date of termination. By executing this Agreement, Mr. Kelly expressly acknowledges that he is not entitled to any other usual customary benefits, terms and conditions of employment with the Interlocal Agency, with the exception of the specific benefits outlined in this Agreement. Mr. Kelly understands and expressly agrees that he is a contract employee for all purposes, including any federal or state statute or constitutional proviso. SECTION 3. SALARY AND BENEFITS: In consideration of the services rendered by Mr. Kelly, the Board agrees to pay the gross sum of $1,153.85 per week. The Interlocal Agency shall deduct, weekly, from that amount, Federal Income Tax withholding, and Social Security. The Interlocal Agency shall pay Workman's Compensation Insurance and Public Liability Insurance coverage premiums. Salary and benefits shall be open for re- negotiation each year on the one -year anniversary of this Agreement. Payroll shall be administered through the contract - servicing agent, the City of Port Orange, and as otherwise designated by the Board from time to time. Mr. Kelly's duties require that he shall have the exclusive use of an automobile at all times during his employment with the Interlocal Agency provided to him. Mr. r,,,,,,. Kelly shall have use of this vehicle for official use within Volusia County, the State of Florida, throughout the United States of America and as otherwise authorized by the executive committee. The Interlocal Agency shall be responsible for paying for liability, property damage, and comprehensive insurance and for the purchase, operation, maintenance, repair, and regular replacement of said automobile. In order for family members to be transported in Agency -owned vehicles, an insurance rider must be placed on the individual's insurance policy. A copy of the insurance policy must be filed with the Interlocal Agency's contract servicing agent, risk manager. Mr. Kelly shall be provided for the first year, personal leave in the amount of 196 hours. The prorated amount for the remainder of the 2003 -2004 fiscal year shall be 82 hours. The Parties agree that after the first year that personal leave shall not be Tess than the leave provided in the first year and shall be consistent with the policies, procedures and agreements adopted by the Board for the Interlocal Agency employees and shall include rates for accruals and terms for fiscal year end payouts. The Interlocal Agency will provide Life Insurance at two (2) times Mr. Kelly's annual salary to a maximum of $150,000. Disability insurance is available at the employee's own cost. low Kelly Employment Contract 2 Draft 2 04/16/04 SECTION 4. SPECIAL PROVISIONS: *ere The Interlocal Agency shall contribute thirteen (13 %) percent of Mr. Kelly's salary, on a weekly basis, to the ICMA -RC 457 Retirement Plan. Should the Interlocal Agency be deemed to be an improper organization by any challenge by local, state or federal agencies which results in the organization ceasing to exist and through no fault of Mr. Kelly, he shall be entitled to three (3) months severance pay. The Interlocal Agency will pay membership dues for Mr. Kelly for APCO and NENA, or substitute organizations at the discretion of the executive committee. The Interlocal Agency shall pay for attendance at the annual conference of one state and one national organization. Mr. Kelly will be provided with a cellular telephone and blackberry to be used in accordance with the policies of the administrative agency, or as provided by the executive committee. SECTION 5. GENERAL PROVISIONS: If any provision, or any portion thereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or *o portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Florida. In the event of litigation under this Agreement, the prevailing party shall be entitled to recover attorneys' fees, and related expenses and court costs. Any litigation arising out of this Agreement shall be entered into in a court with the appropriate jurisdiction for Volusia County, Florida. This Agreement is the sole and complete Agreement between the parties, and all prior agreements or understandings are extinguished by the Agreement. This Agreement may only be amended by a written document signed by both parties. Mr. Kelly shall adhere to the administrative policies of the City of Port Orange, the Board's contract servicing agent, as said policies are amended from time to time. Should the parties elect to extend this Agreement, all provisions shall be open for re- negotiation. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by affixing their signatures thereto on the date indicated. Now Kelly Employment Contract 3 Draft 2 04/16/04 `..r Dated: Patrick T. Kelly Communications Interlocal Agency, a Florida interlocal agreement entity Date: By: Chairman Donald A. Schmidt Date: By: Allen Green Date: By: James L. Vandergrifft `r Kelly Employment Contract 4 Draft 2 04/16/04