EMPLOYMENT AGREEMENT FOR COUNTY ADMINISTRATOR This Agreement is made and entered into this ?day of [gill git/18+ . 2018, by and between the Board of County Commissioners of Pinellas County, a political subdivision of the State of Florida, (hereinafter referred to as the Board), and Barry A. Burton, (hereinafter referred to as the County Administrator) (collectively referred to as Parties). WITNESSETH: WHEREAS, the Board desires to engage the services of a County Administrator for Pinellas County, Florida, to serve at its pleasure; and WHEREAS, the County Administrator has represented that he is able and willing to provide said services on an at will basis. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other such good and valuable consideration, the receipt of which the Parties hereto expressly acknowledge, the Parties covenant and agree to the following terms and conditions: I. DUTIES. The County Administrator's duties shall be as set forth in Section 4.0] of the Pinellas County Charter. The County Administrator shall remain, during the term of this Agreement, in the excluaive employ of the County, on an at-will basis, and shall not, without prior approval of the Board, engage in any other employment or business activity. He shall devote his full energies and efforts to the performance of his duties. Nothing herein shall limit the County Administrator's right to participate in non-paid volunteer work or activities. 2. TERM. The term of employment under this Agreement shall be from October 29, 2018, (Date of Employment) until terminated as provided in Section 9. 3. RESIDENCE REQUIREMENTS AND TRANSITIONAL ASSISTANCE. As a condition of employment, County Administrator shall establish residence in Pinellas County at the earliest date possible, but no later than three (3) months from his date of appointment by the Board on August 29, 2018. In recognition of this requirement, the Board agrees to provide transitional assistance to the County Administrator as follows: a. A housing allowance of $2,000.00 per month for up to twelve (12) months. Such assistance shall terminate effectiVe upon the sale and closing of the County Administrator's residence in Illinois, or upon the payment of a total of $24,000.00 in housing allowance, whichever happens ?rst. In Page I of 6 . LI-wwh?l?IIl-h-unny A the event the allowance is terminated upon the County Administrator closing on the sale of his residence in the allowance shall be prorated through the closing date. Payment shall be made upon presentation of supporting documentation until County Administrator closes on his residence in Illinois. County Administrator shall provide the Board notice within ten (10) days of closing. b. Up to $18,000.00 for the actual and reasonable cost of moving, packing, and storing expenses for a complete move of household goods, vehicles, and personal effects to Pinellas County. Reimbursement of such actual and reasonable costs shall be made upon presentation of supporting documents. c. A ?xed amount of $3,000.00, which is intended to cover co?sts associated with house hunting expenses. This amount shall be paid in the ?rst pay period in which County Administrator receives salary. d. A ?xed amount of $1,800.00, which is intended to cover the cost of health insurance coverage prior to his eligibility for health coverage by the County. This amount shall be paid in the first pay period in which County Administrator receives salary. 4. PERFORMANCE EVALUATION- The County Administrator shall receive a performance and salary review after six (6) months and every twelve (12) months thereafter. 5. SALARY AND BENEFITS. a. The County Administrator will be paid an annual salary of $267,500.00, payable in installments at the same time as other employees of the Board are paid. b. The County Administrator shall receive the standard bene?ts of all other exempt employees of the Uni?ed Personnel System. The County Administrator shall be entitled to 208 hours of annual leave effective upon his Date of Employment, and therea?er earn leave in the same manner as other exempt employees with ten (10) years of service, as provided in Uni?ed Personnel System Rules. Such accrual rate will increase thereafter pursuant to rules applicable to other employees of the Board. If this Agreement is terminated as provided in Section 9 within one (1) year of Date of Employment, any unused annual leave up to 203 hours will be forfeited. The County Administrator shall be entitled to payout of unused anniral leave in excess of 208 hours pursuant to rules applicable to other employees of the Board at the time of termination. c. The County Administrator shall have an automobile allowance in the amount of $600.00 per month paid for each month in which he is employed as County Administrator without pro-ration. With the exception of mileage, the County Administrator shall be entitled to reimbursement for other expenses under State law and Pinellas County policy. The County Administrator agrees that he shall provide a vehicle that will be maintained in an appropriate manner to maintain suitable appearance, working condition and professional image for Pinellas County. The County Administrator shall be solely Page 2 of 6 responsible for the purchase/lease, maintenance, repair, Operation costs, insurance, taxes, etc., for said vehicle. The County Administrator shall maintain his own motor vehicle insurance in at least the following amounts: bodily injury and property damage. d. The County Administrator shall be entitled to a mobile phone allowance consistent with the County?s Cellular Phone Stipend Program Policy, or any successor policy, for each month in which he is employed as County Administrator without proration. Additionally, he shall have the unrestricted use of a personal computer and software, which shall be provided, maintained and repaired by the Board. e. The Board will also contribute $15,000.00 annually into an account opened by the County Administrator in any ?457 plan offered by Pinellas County. However, for the first year, the total amount contributed will be prorated based upon the County Administrator?s beginning Date of Employment. The total amount in subsequent years will be prorated over the scheduled pay periods in the year and made each pay day. The County Administrator will be entitled to receive such prorated payment for each month in which he is employed as County Administrator. Contributions will end effective with the County Administrator?s separation. 6. PENSION BENEFITS. The County Administrator shall participate, as a Senior Management Service Class Employee, in the Florida Retirement System in accordance with Florida Statutes, Chapter 121. 7. DUES, SUBSCRIPTIONS AND PROFESSIONAL DEVELOPMENT. The Board agrees to budget and pay for the professional dues and subscriptions of the County Administrator necessary for his continuation of participation in national, regional, state, and local professional associations and organizations necessary and desirable for his continued professional participation, growth, and advancement as County Administrator and for the good of Pinellas County, all as approved in Pinellas County?s annual budget. 8. TERMS AND CONDITIONS OF EMPLOYMENT. a. The Board, in consultation with the County Administrator, shall ?x any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the County Administrator, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Pinellas County Charter or any other law. b. All provisions of the Pinellas County Charter, laws, and ordinances, and regulations and rules of Pinellas County relating to retirement and pension system contributions, holidays and other employee bene?ts and working conditions as they now exist or hereafter may be amended, also shall apply to the County Administrator as they would to other exempt employees of Pinellas County, in Page 3 of 6 -p?r?ma addition to said bene?ts enumerated in this Agreement speci?cally for the bene?t of the County Administrator. 9. TERMINATION AND SBVERANCE PAY. a. This Agreement will terminate upon the County Administrator's death, retirement or resignation and can be terminated by mutual agreement. b. This Agreement can be terminated for cause as provided in the Pinellas County Charter. Cause is de?ned as gross misfeasance, malfeasance, neglect of duty, conviction of a felony, entry of a plea of guilty or nolo contendere to a felony or to any crime of moral turpitude, or any illegal act involving personal gain to him in conjunction with his employment. c. This Agreement can be terminated without cause as provided in the Pinellas County Charter. In the event the County Administrator is terminated by Pinellas County during such time that the County Administrator is willing and able to perform the duties of County Administrator and such termination is without cause, Pinellas County agrees to pay the County Administrator twenty (20) weeks compensation at the rate in effect at the time of termination. For purposes of this paragraph, compensation means and includes annual salary, automobile allowance, ?457 account contribution and employer contribution for health, dental, life and long term disability insurance coverage. All other payments, which would be due to exempt employees in the Uni?ed Personnel System upon termination will also be made, subject to the limitations of Section 5.b. d. in the event the Board at any time during the term of this Agreement reduces the salary or other ?nancial bene?ts of the County Administrator in a greater percentage than applicable across-the-board reduction for all employees of the Board, or in the event the Board refuses, following Written notice, to comply with any other provision bene?ting the County Administrator herein, then, in that event, the County Administrator may, at his option, be deemed to be "terminated" at the date of such reduction, such refusal to comply, or such suggested resignation within the meaning and context of the severance pay provision herein. 10. GENERAL PROVISIONS. a. Assignability. This Agreement shalt inure to the bene?t of the County Administrator, his heirs and personal representatives. b. Severability. If any provision or portion of this Agreement is held to be unconstitutional or invalid or unenforceable, the remainder of this Agreement or portion thereof shall be inseverable and shall not be affected but shall remain in full force and effect. c. Amendment. The terms hereof may be amended by mutual written agreement of the Parties. d. Indemni?cation. The Board shall defend, hold harmless, and indemnify the Page 4 of 6 County Administrator against any tort, claim, demand, civil rights, or other legal action, arising out of any act, event, or omission occurring in the performance of the County Administrator's professional duties as County Administrator, except to the extent that the County Administrator acted in bad faith, or with malicious purpose, or in a manner exhibiting wanton or willful disregard of human rights, safety or property. The Board will provide defense for, and compromise or settle any such claim or suit, as it deems appropriate, and pay the amount of any settlement or judgment rendered thereon. This indemni?cation shall extend beyond termination of employment or other expiration of this Agreement, to provide full and complete protection to the County Administrator for acts undertaken or committed by the County Administrator in his capacity as County Administrator, regardless of whether receipt of notice or ?ling of any claim or lawsuit occurs during or following the County Administrator's employment with the County. ll. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties hereto on the matters herein and shall not be modi?ed in any respect except by an amendment in writing signed by the Parties hereto. l2. . CHOICE OF LAW. This Agreement shall be governed by the laws of Florida. 13. NOTICES. Notices pursuant to this Agreement shall be given to each party at 315 Court Street, Clearwater, FL 33756. Page 5 of 6 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed PINELLAS COUNTY, FLORIDA By and through its Board of County Commissioners By w? 8)!sz Welch, Chair .l Barry A. urton if? {?73 1:12. ?1 ATTEST: Ken gurke, Cjef the Court .A. hl'd?? ;a i i, BMW Deputy Clerk ?1 WitnessNaI?e: Aim/7g? CF APPROVED AS TO FORM amaze Of?ce of the County Attorney ProLaw Doc. 179222 Page 6 of 6