EMPLOYMENT AGREEMENT BETWEEN THE MARION COUNTY BOARD OF COUNTY C0MMISSIONERS AND MOUNIR BOUYOUNES, P.E.

Transcription

1 EMPLOYMENT AGREEMENT BETWEEN THE MARION COUNTY BOARD OF COUNTY C0MMISSIONERS AND MOUNIR BOUYOUNES, P.E. THIS AGREEMENT, made and entered into this 2nd day of February, 2016 by and between the Marion County Board of County Commissioners, hereinafter called Employer, and Mounir Bouyounes, hereinafter called Employee, both of whom agree as follows: WITNESSETH: WHEREAS, the Board desires to fill the position of County Administrator with a fully qualified candidate; and WHEREAS, the Employer has used two alternative approaches to filling this important position, including engaging the services of an executive recruiting firm and conducting a national search for qualified applicants, yielding no selection; and WHEREAS, the Employer s recruitment solicitations for the County Administrator position specified a salary of up to $180,000; and WHEREAS, Employee has successfully served as Assistant County Administrator for Public Works since 2011, has been in County employment since 1993, and has demonstrated his commitment to Marion County government and the community; and WHEREAS, the Board of County Commissioners finds that Employee is fully qualified, by education and experience, to serve as County Administrator; and WHEREAS, Employer desires to employ the services of Mounir Bouyounes, P.E., as County Administrator as provided by Chapter 125, Florida Statutes and Chapter 2, Article III, Division 2, County Administrator, Marion County Code, and the specific terms of this Agreement; and WHEREAS, it is the desire of Employer to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, Employee desires to accept the position and employment as County Administrator of Marion County, Florida; and NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties agree as follows: SECTION 1. INCORPORATION OF RECITALS: The foregoing recitals and findings establish the intent of the parties and the context of this Agreement, and are incorporated herein by reference. 1

2 SECTION 2. APPOINTMENT: Employer hereby appoints Employee as County Administrator, subject to the conditions listed throughout this Agreement. SECTION 3. DUTIES: A. Generally. Employer hereby agrees to employ Employee as County Administrator of Marion County, Florida to perform the function and duties specified in chapter 2, Article III, Division 2 of the Marion County Code and to perform other legally permissible and proper duties and functions as the Employer shall from time to time assign. B. Hours of Work. It is recognized that the County Administrator is the Chief Administrative Officer of Employer and to that end will be required to devote whatever time is necessary to perform his duties under this Agreement, including a minimum of 40 hours per week within Administration or other county offices as directed by Employer. C. Outside Professional Activities. Employee shall be allowed to engage in occasional outside professional activities of a non-employment nature during his non-work hours, but said activities shall not in any way conflict or hinder Employee s duties as County Administrator. SECTION 4. TERM: A. Employee agrees to work in the exclusive employ of Employer for the term of employment of ninety (90) months beginning January 9, 2016, through July 9, 2023, and neither to accept other employment nor to become employed by any other employer until said termination date or the extension of said termination date as provided herein or affected as provided herein. B. During the last eighteen (18) months of said term, Employee and Employer will work on a succession plan to have a successful transition to a new County Administrator, unless the parties agree otherwise. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 6 of this Agreement. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provisions set forth in Subsection 6.B. of this Agreement. SECTION 5. BENEFITS AND COMPENSATION: A. Generally. Employee has been employed by Employer since 1993 and has participated during that time to benefits generally available to all County employees. The intent of this Agreement is that Employee shall continue to participate in benefits generally 2

3 available to County employees, and those additional benefits specifically stated in this Agreement. The parties acknowledge that one of the benefits commonly afforded to a County Administrator is a paid car allowance. Such an allowance of $ / month was provided to the prior County Administrator. In consideration of an agreed annual salary less than $180,000.00, and further, Employee s agreement not to accept a car allowance, Employee shall receive the salary and other benefits detailed in paragraphs B. through I., below. B. Salary. Employer agrees to pay Employee for his services rendered pursuant to this Agreement a base salary at the annual rate of $168,000.00, payable in installments at the same time as other County employees are paid. Employee is in the professional exempt class, and is not entitled to cash in, or receive payment for, but may utilize Administrative Leave With Pay (comp time) as provided for in subsection of the Employee Handbook. Employee shall participate during the term of this Agreement and any extension or renewal thereof in cost of living and other salary increases or one-time payments authorized by the Board for all County employees. C. Florida Retirement System. Employee s classification in the Florida Retirement System shall be Senior Management Class during the term of this Agreement. Employee is currently in the FRS hybrid plan. During the term of this agreement, or at the latest, prior to separation from employment including expiration of this Agreement, if Employee exercises his option to change to the FRS defined benefit plan, Employer shall pay any costs imposed by FRS for Employee to exercise that option, not to exceed One Hundred Thousand Dollars ($100,000.00). In the event that Employee exercises this option, but by his own initiative or choice, does not serve the full Initial Term of this Agreement as County Administrator as provided in Section 4.A., then Employee shall refund to Employer a pro-rata amount of any such payment that has been made by Employer to, based on a fraction with the numerator being the number of months of the remaining in the Initial Term (defined in Section 4.A.) as of the effective date of termination of this Agreement, and the denominator being 90 the number of months of the Initial Term. [For example, if this Agreement for any reason terminated after 27 months, there would be 63 months remaining of the Initial Term. The fraction would thus be 63/90 = 0.7. The Employee would be required to pay a refund of 70% of any payment made by the Employer under this paragraph.] Employee shall make such refund payment to County within ten days of the effective date of the termination of the Initial Term of this Agreement. In lieu of Employee s making a refund payment to Employer, Employer at its sole option, shall have the right, but not the obligation, to recover the refund by means of a deduction of the refund monies owed from Employee s leave balances as of the date of termination of the Initial Term of this Agreement. 3

4 D. Vehicle To Be Provided. Employer agrees to provide Employee with a suitable County vehicle to use in the performance of the duties of County Administrator, and for travel to and from home. Such vehicle shall not otherwise be used for Employee s personal travel, and shall not be operated by Employee s family members or third parties. E. Leave Accruals and Payouts. Annual leave shall not have any cap on leave carry forward, or total accrual, during the term of this Agreement, in consideration of the hours of work necessary to be devoted to carry out the Administrator s duties as stated in Subsection 3.B. However, Employee shall be required to use a minimum of 80 hours of the annual leave that he accrues each year during the term of this Agreement, and any extensions thereof. Any new annual leave hours accrued, but unused, up to 80 hours per year, shall be forfeited. Each year under this Agreement, Employee shall be entitled to carry forward his beginning annual leave balance, plus any new unused hours in excess of 80 hours, to the succeeding year. Employee shall be paid for his full annual leave balance accrued and unused through the expiration of this Agreement and any extensions thereto. Employee shall be paid for 50% of his sick leave balance accrued and unused through the expiration of this Agreement and any extensions thereto. F. Disability, Health and Life Insurance. (1) Employer agrees to put into force and to make required premium payments for Employee for insurance policies for life and disability income benefits, as provided for all employees of Marion County. Employer agrees to provide additional life insurance coverage for Employee equal to one time the base salary at no cost to Employee. (2) Employer agrees to provide medical insurance for Employee and his dependents including hospitalization, surgical, dental, vision and comprehensive medical including prescription and to pay premiums thereon. G. Professional Development. Employer hereby agrees to pay, subject to budget approval, for travel (except Employee s own vehicle as provided in subsection 5.D.) and subsistence expenses of Employee for professional development including meetings, seminars, conferences, training, certifications and official functions. Employee shall submit his itinerary and conference information to the Chair for approval prior to incurring any expenses for such conference or program. H. Dues and Subscriptions. Employer agrees to budget for and pay professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional growth, and advancement, and for the good of the Employer subject to the approval of Employer. I. Severance Pay. Employee may qualify for severance pay as provided in Section 6, herein. 4

5 SECTION 6. EVENTS AND EFFECTS OF SEPARATION. A. Expiration of Term. At the expiration of the term of this Agreement or any renewal or extension hereof, Employee shall be paid his annual and sick leave accruals as provided in Subsection 5.E. B. Employee resignation or retirement. In the event of Employee s retirement or resignation during the term of this Agreement, Employee shall be paid his annual and sick leave accruals as provided in Subsection 5.E. In the event Employee voluntarily resigns his position with Employer before expiration of the term of employment, then Employee shall give Employer thirty (30) days notice in advance, unless the parties agree otherwise. C. Termination for cause. In the event Employee is terminated for cause that would justify disciplinary action (but not Misconduct as provided in Subsection 6 F.), Employee shall be paid his annual and sick leave accruals as provided in Subsection 5.E. D. Termination for Employer s convenience (Not for cause). In the event Employee is terminated for the Employer s convenience, including dissatisfaction with Employee s performance, Employer shall pay Employee Severance Pay equivalent to twenty (20) weeks of Employee s then-current base rate of pay. Further, policies of insurance then in effect for the benefit of Employee or Employee s dependents shall continue be covered at Employer s expense for a period of twenty weeks beyond the date of termination. In the event of a termination for Employer s convenience, Employee shall be given the option of resignation, without forfeiting the severance benefits recited above. Alternatively, and upon the mutual agreement of Employer and Employee, the Employee s services as County Administrator may be terminated under this paragraph, but Employer may allow Employee to continue in his employment with the County, but be re-assigned to a non-contractual, regular employment position. In that event, Employee would not receive the Severance Pay and other benefits provided in this subsection, and he would revert back to his regular employment benefits, and caps on leave accruals and payouts applicable to regular employees except as mutually agreed on by both parties. E. Disability. Employee has the same rights of leave as all other employees under the Family Medical Leave Act. If Employee is disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health beyond the leave period provided by the FMLA, Employer may terminate this Agreement in which case Employee shall be paid his annual and sick leave accruals as provided in Subsection 5. E. Employee may apply for any disability insurance benefits then in effect for his benefit. F. Malfeasance in office. If the Employee is found to have committed malfeasance in office, is convicted of a felony, has been fired for misconduct, as defined in subsection 5

6 (30), Florida Statutes, or is convicted of a crime of moral turpitude, then Employee shall forfeit all severance benefits described in this Agreement. SECTION 7. INDEMNIFICATION: In addition to that required under state and local law, Employer shall defend, save harmless, and indemnify employee against any tort, professional liability claim or demand other legal action arising out of the performance of Employee s duties as County Administrator, as long as Employee s acts or omissions occurred within the reasonable scope of his duties as County Administrator. Employer may settle and compromise any such claim or suit and pay the amount of any settlement or judgement rendered thereon. SECTION 8. BONDING: Employer shall bear the full cost of and fidelity or other bonds required of the Employee under any law or ordinance. SECTION 9. NOTICES: Notice pursuant to this Agreement shall be given by hand delivery, as follows: (1) EMPLOYER: Chairman Marion County Board of County Commissioners 601 SE 25 th Avenue Ocala, FL (2) EMPLOYEE: Mounir Bouyounes, P.E. 601 SE 25 th Avenue Ocala, FL Alternatively, notices required pursuant to this Agreement may be personally served. Notice shall be deemed given as of the date of personal service or as of the date deposit of such written notice in the United States Postal Service. SECTION 9. ENFORCEMENT OF AGREEMENT. In the event any legal action or administrative proceeding is brought by either party for the interpretation or enforcement of this Agreement, each party shall be responsible for its own attorney fees and costs related thereto. The parties agree to submit to non-binding mediation with a mutually selected mediator to attempt to resolve any disputes, before resorting to litigation. SECTION 10. ENTIRE AGREEMENT AND AMENDMENTS. This document represents the entire agreement between the parties concerning the terms and conditions of Employee s employment as County Administrator, and no oral representations or understandings between the parties concerning the subject matter hereof shall be binding on either party unless they have been expressly included herein. This Agreement may only be amended by mutual written agreement of the parties, executed with the same formalities as this Agreement. 6

7 SECTION 11. MISCELLANEOUS PROVISIONS. A. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. B. This agreement shall be effective retro-active as of January 9, C. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Marion County FL, has caused this Agreement to be signed and executed on behalf by the Chairman, and duly attested by the Clerk of the Court, Florida and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYER: BOARD OF COUNTY COMMISSIONERS MARION COUNTY, FLORIDA ATTEST: Kathy Bryant, Chairman David R. Ellspermann, Clerk of the Court EMPLOYEE: Approved as to form and legality Mounir Bouyounes, P.E. Matthew G. Minter, County Attorney 7