EMPLOYMENT AGREEMENT. THIS AGREEMENT, made and entered into this day of October, 2022 by and between Citrus County, Florida, a political subdivision of the state of Florida, acting by and through its Board of County Commissioners, hereinafter referred to as “County” and Steve L. Howard, hereinafter referred to as “Employee”, WITNESSETH: WHEREAS, County desires to employ the services of Employee as County Administrator as provided by the Citrus County Code and Chapter 125, Florida Statutes, and to provide for compensation, employee benefits and to establish the condition of said employment; and WHEREAS, it is County’s desire to: 1. Seoure and retain the services of Employee and to provide inducement for him to remain in such employment; 2, To make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; and 3. To provide a just means for terminating Employee's services at such time as he may be unable to discharge his duties due to disability, or when the County may desire to otherwise terminate his employment; and WHEREAS, Employee desires to accept employment as County Administrator; NOW, THEREFORE, in consideration of the mutual promis forth, County and Employee agree as follows: s hereinafter set Section 1. Duties County hereby agrees to employ Employee and Employee hereby accepts employment as County Administrator to perform the functions and duties specified in the Citrus County Code, and Chapter 125, Florida Statutes, and to perform such other legal and proper duties and functions as the Board of County Commissioners shall, from time to time, assign. Page | of 9 PagesSection 2, Term Employee shall commence full time employment with the County November 28, 2022. Section 3, Termination and Severance Pay ‘A. Employee is an “at will” employee and has no property interest in his job. The County may terminate employment of Employee at any time by a vote of majority of the governing body at a properly posted and duly authorized public meeting. B. In the event Employee is terminated by County and during such time Employee is willing and able to perform the duties of County Administrator, then, in that event, the County agrees to pay the Employee severance in a lump sum cash payment equal to twenty (20) weeks base salary, In the event Employee is terminated because of his conviction of any illegal act which shall reflect adversely upon County, or fails to perform in accordance with the criteria and evaluation process set forth in section 5 of this Agreement, then, in that event, County shall have no obligation to pay the aggregate base salary severance sum designated in this paragraph. C. Inthe event Employee voluntarily resigns his position with County then the Employee shall not be eligible for termination and severance pay and shall give County at least sixty (60) days’ notice in advance unless waived at the sole discretion of the Board of County Commissioners, Section 4, Salary A. The Board agrees to pay the Employee for his services during each year, in equal installments, at the same time as other County employees are paid. Compensation shall be $197,500 annually. B. Salary will be reviewed annually and is subject to adjustment equal to that provided other County employees. In addition to the adjustments provided other employees, the Board may increase the Employee's salary, by motion, at an official Board meeting in its sole discretion. Page 2 of 9 PagesC. County recognizes Employee is relocating to Citrus County from outside the state and agrees to reimburse Employee his reasonable and customary moving/relocation expenses. Section 5. Evaluation A. The County will annually review Employee's performance in January subject to a process, form, criteria and format for the evaluation mutually agreed upon by the parties. The annual evaluation process, at a minimum, shall include the opportunity for both parties to: (1) conduet a formulary session where the governing body and the Employee meet first to discuss goals and objectives of both the past twelve (12) month performance period as well as the upcoming twelve (12) month performance period; (2) following that formulary discussion, prepare a written evaluation of goals and objectives for the past and upcoming year; (3) next meet and discuss the written evaluation of these goals and objectives; and (4) present a written summary of the evaluation result to the Employee. The final written evaluation should be completed and delivered to the Employee within thirty (30) days of the initial formulary evaluation meeting. B. Alll actions and conduct: by the Board and Employee throughout the evaluation process shall be conducted in accordance with Chapter 286, Florida Statutes and all similar laws. C. In the event the County deems the evaluation instrument, format and/or procedure is to be modified by the County and such modifications would require new or different performance expectations, then the Employee shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated, Section 6. Hours of Work. It is recognized that Employee will frequently work more than forty (40) hours per week and will often devote a great deal of his time outside normal office hours to conduct County business, and to that end, Employee will be allowed to set his own office hours, provided that the business of the County shall take priority and that the Page 3 of 9 Pageswork schedule maintained by Employee shall have no adverse effect upon County operations. Nothing herein shall be construed to require the payment of Employee of overtime or compensatory time except as to compensatory time as describe below. Section 7. Professional Development, Travel, Vehicle, and Cellular Devises ‘A. The County agrees to budget and to pay the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, state, and local professional organizations necessary for his continued professional participation and growth including but not limited to the International City/County Manager Association, the Florida City and County Management Association, and similar organizations for the good of the County which are directly related to Employee's role as County Administrator. B, Subject to state law, County hereby agrees to budget and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions including but not limited to, attendance at the ICMA annual conference, the FECMA annual seminar or conferences, and NACo annual conference to continue the professional development of the Employee as County Administrator and to pursue official functions of the County, including, but not limited to, short courses and seminars. ©. Employee's duties require exclusive and unrestricted use of an automobile. County will provide Employee a full-sized SUV suited for his required duties, County will be responsible for liability, property damage and comprehensive automobile insurance on the vehicle. County will also be responsible for maintenance, repairs and replacement of the automobile. If such vehicle is not available to Employee upon commencing employment, County will reimburse Employee at the current IRS standard mileage rate for using Employee's personal vehicle for County business until Employee's vehicle is available, D. ‘The County and Employee agree that timely communication is vital to the performance of this position. Communications include: voice, data and any other services allowed under County policy. The County shalll provide a properly configured cellular device for Employee's use. Page 4 of 9 PagesSection 8, Deferred Compensation and Retirement ‘A. Inaddition to the base salary paid by County to Employee, County shall pay on Employee’s behalf, in equal proportionate amounts each pay period, into Employee's account in a deferred compensation plan designed by Employee, an amount equal to the normal maximum allowed contribution under the IRS regulations and the over 50 catch-up amount. B. ‘The parties agree that Imployee may continue his contributions into his 401(a) defined contribution plan offered through Mission Square ICMA Retirement and Jor NACo Public Employee Benefits Services as determined by Employee. C. Moreover, the Board will provide and pay for the Employee's participation in the Florida State Retirement System Senior Management Services Class Pension Plan. Section 9. Annual Vacation, Sick Leave and Compensatory Time ‘A. Beginning the first day of employment, Employee shall accrue the same sick and annual vacation leave as all other County employees with ten (10) or more years of service. Accrued sick and annual leave days may be cashed out, converted or continue to accrue as provided by County Policy except as provided below. B. Upon commencing employment, Employee will be credited with 160 hours of annual vacation leave hours, CG. County Policy currently caps annual vacation leave accruals at four hundred eighty hours (480). ‘The parties agree to review this policy as it relates to Employee after employee has been employed for one year to consider adjusting this accrual cap. D. It is recognized Employce is required to devote a great amount of time outside normal office hours for County business and to that end Employee is granted additional compensatory time off in the amount of twenty one (21) days per year as personal days to be utilized as compensatory time, Section 10, Insurance Coverage A. County shall provide full major medical and dental insurance for Employee at the County’s expense. Insurance coverage shall commence on the first Page 5 of 9 Pagesday of employment. In the event that the Board eliminates its health insurance and/or dental programs, County shall compensate Employee in an amount equal to the total expense it would have incurred to provide health and dental insurance coverage to Employee. B. County shall furnish and provide Employee with insurance protection, including comprehensive general liability, errors and omissions coverage, and public official liability applicable to all acts of Employee arising out of his employment which shall be similar to what other governmental jurisdictions provide for this type of coverage. C. County shall provide disability and life insurance to Employee to the same extent that County provides said insurance to other employees. D. County shall bear the full cost of any fidelity or other bonds required of Employee pursuant to law or ordinance. Section 11. Other Terms and Conditions of Employment A. The County shall fix such other terms and conditions of employment as it may determine from time to time relating to the performance of the Employee, provided such terms and conditions are not inconsistent with, or in conflict with, the provisions of this Agreement or any ordinance or law. B. All provisions of County law, rules and regulations as they now exist or may be amended, shall apply to Employee in addition to those items outlined in this Agreement. C. In all other matters not in conflict with this Agreement, the Employee shall enjoy the duties, obligations, benefits and privileges of an employee of the County, Section 12. General Provisions A. This Agreement constitutes the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators and executors of Employee. Page 6 of 9 PagesC, If any provision or any portion thereof contained in this Agreement is held to be unconstitutional, illegal, or unenforceable, the remainder of this Agreement shall remain in full force and effect. D. Employee and County acknowledge and agree that this Agreement constitutes their final understanding and agreement with respect to the subject matter hereof, and supersedes all prior or contemporaneous negotiations, promises, covenants, agreements, or representations concerning all matters directly or indirectly, or collaterally related to the subject matter of this Agreement. E. _ Employee and County acknowledge, understand, and agree that nothing within this Agreement can be modified, amended or revoked except by and with the express written consent of both Employee and County. F, The headings of the Articles of this Agreement are inserted only for purposes or convenience and reference and shall in no way restrict or otherwise affect the construction of the terms and conditions herein. G. For purposes of any construction of the intent of this Agreement, the parties intend that no party be deemed or characterized as the drafter, and that construction occur without regard to any canons of construction concerning the drafter. H. The County and Employee hereby irrevocably submit to the jurisdiction of Florida State courts or the United States District Court, Middle District of Florida, in any action or procecding arising out of or relating to this Agreement and irrevocably agree that venue for dispute arising under this Agreement shall be exclusively in the state court located in Citrus County, Florida or in the United States District Court, Middle District of Florida. This Agreement shall be construed by and controlled under the laws of the State of Florida. L Employee hereby acknowledges that he was provided with this Agreement prior to its execution, and that he had the time and opportunity to review the Agreement and provide comment prior to his execution of this Agreement. Employee agrees that he has had an opportunity to consult with an attorney of his choice on the terms and conditions of this Agreement and has had an opportunity to Page 7 of 9 Pagesclarify any terms and conditions which were not understood by him. Employee further acknowledges that he has read this Agreement; and by his signature below acknowledges that he fully understands and agrees to the contents, terms, and conditions of this Agreement. J. ‘The County shall defend, hold harmless and indemnify the Employee against and from any and all claims, legal or administrative actions or demands, consistent with the provisions of Section 768.28, Florida Statues, as amended, including actions for equitable relief whether groundless or otherwise, arising from any act or omission either alleged or real, which occurs or occurred during his employment as Employee and which was within the scope of the Employee's employment and performance of his duties as Employee. The County may compromise and settle any claim or suit and pay the amount of any settlement or judgment rendered thereon, together with attorney's fees associated therewith. ‘The Employee shall cooperate fully in the defense, compromise or settlement of any claims, actions or demands of which County defends, holds him harmless, or indemnifies him. Any unreasonable failure by Employee to provide full information or to cooperate with County's attorneys shall be cause for County to deny Employee the defense, hold harmless and/or indemnification rights under this paragraph. County and Employee acknowledge and agree that even though County may proceed to handle a claim, action or demand against Employee, certain claims, actions, demands, losses, and/or liabilities may be precluded by law or may not be covered by the terms of this paragraph; therefore, the County reserves its right to deny Employee a defense, hold harmless, and/or indemnification and may assert its right to recover its costs and expenses, including attorney's fees, at a later date based on the inapplicability or lack of coverage under this paragraph. ‘The obligations of this paragraph shall survive the termination of this Agreement however terminated. K. The terms of this Agreement shall become effective immediately upon execution and approval by both parties. Provided, however, the County shall not have an obligation to commence making payments and/or providing other benefits excepts Page 8 of 9 Pagesas provided in section 3 hereof, to Employee until he commences employment as County Administrator. WHEREFORE, the parties have executed this Agreement the day and year first above written. “County” Citrus County, Florida, a Political Subdivision of the State of Florida: Attest: Angela Vick, Clerk Ronald E. Kitchen, Jr. Boee Chairman Signed in the Presence of: Page 9 of 9 Pages