Item O8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15,2007
Division:
Countv Administration
Bulk Item: Yes ~ No
Department: County Administration
Staff Contact Person: T. Willi
AGENDA ITEM WORDING:
Approval of employment agreement and confirmation of Wayne J. Hinnant as Monroe County Fire
Chief.
ITEM BACKGROUND: Florida Statute l25.74(l)(k) requires BOCC confirmation of department
head appointments made by the County Administrator. Please see attached memorandum outlining
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval of employment agreement and confirmation of County Administrator/selection committee
recommendation as required by statute.
TOTAL COST:
$118.000
BUDGETED: Yes ~ No
COST TO COUNTY:
$118,000 + benefits SOURCE OF FUNDS: Fire District Ad Valorem
REVENUE: PRODUCING: Yes
No --.X AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing_ Risk Management_
DIVISION DIRECTOR APPROVAL:
fjfwnw,j 'J Wiffi
(TYPE NAME HERE)
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM # 0 2
Revised 2/05
Office of the County Administrator
Memorandum
To:
Mayor and County Commissioners
From:
Thomas J. Willi, County Administrator
Date:
August 13, 2007
RE:
Fire Chief Selection - Confirmation and Employment Agreement
As you arE~ aware, the County has been without a Fire Chief for an extended period.
The selection process has been lengthy but resulted in bringing a great candidate to the
County in Wayne Hinnant.
Mr. Hinnant was selected from a group of 66 applicants for the position.
As Administrator, I chose to utilize a selection committee to assist me in making the
final selection. The selection committee included stakeholders from Key Largo
Independent Fire District, a union member representing the International Association
of Fire Fi9hters, a volunteer chief representing the Volunteer Chiefs Association and
Fire Depar.tment management. All of these stakeholders are county residents.
Mr. Hinnant was ranked by the selection committee as the top rated candidate.
Mr. Hinnant brings the right mix of combination fire experience on top of extensive
emergency management skills to Monroe County. He is familiar with many of the
challenges before us as a community and is up to the challenge.
For your r'eview, I have included a copy of Mr. Hinnant' resume as well as a flowchart
that documents the fire chief hiring process.
Also included as part of the requested approval is an employment agreement that spells
out the conditions of employment including salary and benefits. The agreement also
contains a provision for severance pay if the employee is terminated without cause by
the BOCC.
Due to pre:ssing Fire Department issues I respectfully request confirmation of Mr.
Hinnant at the August 15th BOCC meeting or as soon thereafter as possible. Mr.
Hinnant wOIJld like to start work on August 27, 2007.
MONROE COUNTY ADMINISTRATIVE SERVICES
QUALIFICATION FORM
GRADE "9" Or Above
[NAME OF APPLICANT: WAYNE J. HINNANT
POSITION APPLIED FOR: FIRE CHIEFIDIVDIR EMERGENCY SERVICES
DEPARTMENT: FIRE RESCUE AREA: MAR
MEETS BASIC REOUIREMENTS I'X1 . ...DOES NOT MEET. QA(;l,r' I
CLAIMING VETERANS PREFERENCE I I IS NOT CLAIMING VETERANS PREFERENCE T
DATE OF REVIEW: 04/24/07
ACCORDING TO THE JOB DESCRIPTION, THESE
ARE THE MINIMUM QUALIFICATIONS:
MEETS THE
MINIMUM
QUALIFICATIONS
DOES NOT MEET
THE MINIMUM
QUALIFICATIONS
DOES NOT MEET THE MINIMUM
QUALIFICATIONS; HOWEVER DOES
POSSESS COMPARABLE
UALlFICATIONS AS LISTED
BACHELOR'S DEGREE W/15 YRS
EXP (5 YRS @ sa MGT LEVEL) OR
ASSOCIATE'S DEGREE WI15 YRS
PROG RESP EXJP + ADDTL TRAJN1NG
STATE OF FL FIREFIGHTER
FL CERTIFIED EMT OR PARAMEDIC
DESIRED
COMMENTS: ~ ~/
HRREPRESENTATIVE ~ .~
DATE o/~i/o7
APPLu.:ATlON/KI!:SUMJ!; <.:HU':KLlST
NAME WAYNE J. HINNANT
PH~
POSITION TITLE:FlRE CHIEF / DIVISION DIRECTOR EMERGENCY SERVICES
LOCATION::\1AR POSITION #: ESFRSOOI
DATE SUBMITTEDIRESUBMlTTED: 04/24/07
I.
t8l
o LAST 3 PAGES OF APPLICATION (Pg 13 - 15) TO THE APPLICANT FOR REFERENCE.
Explain to applicant - ImDOrtaDt to Read -It explllins o"r proced"res.
DATE STAMP APPLICATION OR RESUME
O(insure that Promo Oppty has 3 page attachment: Safety Sens, EEO, Vet PrefForms)
2.
3.
o COPY OF DRIVERS LICENSE AND SS CARD
o MENTION TO APPLICANT - IF POSITION APPLYING REQUIRES A DEGREE, MUST
REQUEST FROM SCHOOL (see pg 14).
ON/A
4.
5.
o IF REQESTING VETER PREF (Pg 8) MUST SUBMIT DD-214 (or comparable document)
ON/A
6.
o IF APPLYING FOR SAFETY SENSITNE JOB (as noted on back of this form)
[]CHECKED 'YES' ON Attach 5-Pg 10, MUST FILL OUT 'Authorization To Release Form',
[]Kw Office: FORM TO SONYA ON (date)
ON/A
7.
MIDDLE & UPPER KEYS LIAISONS ONLY:
o RI~QUEST DA TElfIME OF APPT FOR TYPING TEST WITH Agency Workforce (If the position
requires a Typing Test as noted on the back of this form). Applicant may go to Key West Personnel
QjJice to take a typing test if h/she chooses,
ON/A
Appointment Date/Time .,.... i. valid for I yoar,
8.
KEY WEST PERSONNEL OFFICE ONLY:
o SET UP CLERICAL TEST APPOINTMENT (If the position requires test(s) as noted on the back of
this form).
ON/A
Appointment Dateffime
-Test is valid for I year
DNEW APPLICATIONS
DRESUBMITTALS
I8lRESUME
DIN-HOUSE
- 1- 8
4,6,7,8
1
1,4, S, 6, 7, 8
KEY WEST PERSONNEL OFFICE USE ONLY
NEW APPLICATIONS: Dcomputer [Jdl cbeck (if drivins ~irod) Dpull EEO que.t I8lLetter (SS cardIFL DU] yr DL rccord!rnm.riplS)
RESUBMlTT ALS.. Dcomputer l]dl check (if older than ] months &: drivin,L ""Iuirod)
IN-HOUSE: Dcomputer Ddl check (if older than] month. &: drivinS required) Upull EEO que.t
RESUME: I8lcomputer I8lmoil outlemail application
HllmM Rnourcet 1m 01106
(2 sided fonn)
[d.'us ~
Opcrulionali:ud
Hinnant
Solutions, Inc.
1'.Htl\":.J
~fl..1Sn.1I1 (t1{-r,jY
dt-M.-\i'\ Rl:SOUk(f'-.I)J P.o\H1Y.l.NT
Dm r;+Til!{;c;t01<
TIME 't~11 ,1<1'1 1M', .~
WAYNE J. HINNANT
.,.
/:.:'Ceculive Summary
Re$ults .onented professumal wIth more than 30 yeaN of diverse emergency services expenence ~pannmg
international. federal. state. county. municipal and pnvste seeton;;, Responded to more than 20 federaJly declared
disasters mcluding hurricanes. tornadoes. floods. Wildland fires. biological terron~m mcidents. and civil
disturbances, Fxperienced in command and general staff positions on Type II and III incident management teams
on multi-jurisdIction. multj~disciphne incidents with a focus as Operations Section Chief and Incident Commander.
Proven IIe'llder with diverse management expetlenee in public and private sectors. Skilled facilitator comfonable
bnefing dected and senior government officials. conducltng public meetings. Has etTectIVely designed. developed.
delivered! and managed innovative new programs in many area~ of training. ex..ercise. and planning. More than 10
years as an adjunct professor for Florida Community Colleges. Possesses excellent wriuen and verbal
communRcation. professional development. and peOlonnel management skills. As a recognized expen m the tield of
emergenl:y management. is a routine presenter at state and national professional conferences delivering dynamic
training mod infonnative pre~ntations.
Professional Background
Presidenl 2006 to Present
Hinnant SO/lItiom, Inc. Boynton Beach. FI
Provides emergency services. leade~hip development. management training. and consulting services to the public
and priv;;lte sector. Services include design. development. delivery of training and exercises. plan development.
meeting facilitation. capability assessments. and emergency response. Recognized ex..pen in NIMS/ICS training.
Adjunct Professor 2007 to Pre~nt
Indian Ri'wr Comnmmtr College F1. Pierce. Florida
Provides cJassroom inslNction. facilitates field exercises in emergency management courses. Develops curricula at
the direction of the Dean of the Center for Disaster Reliefand Humanitarian A.;siluance.
Area 7 O>ordinalor 2005 to 2006
Florida Division of Emergenq Management Boynton Beach
Re$pondc:d to :-oevcral disaster deploymenL~ including Hurricanes Dennis. Katrina. Rita. and Wilma. filJing multiple
command staff and general staff roles. Additional response activities included hazardous materials incidents.
wildfires. Operations Section Chief on the State Incident Management Team (Type II) to multiple disaster incidents
and events mcluding: NASA launch of the New Horizon Spacecraft. FEMA evaluated nuclear power plant
exercises.. and Florida Command during Hurricane Katrina response in Mis.c'iJs.~ippi. Provided planning and tramlng
~"upport n:lated to all hazards preparedness. response. recovery. and mitigati(lQ for seven counties with a population
of nearly ~ix miJlion. Monitored county EMPA grants totaling over one million dollars. reviewed ComprehenSive
Emergent:y Management Plans, five-year strategic plans, and conducted program capability assessments.
Admmistl:red regional trainmg programs, evaluated tabletop and fuU.scale exercises. and conducted area meetings
and presc~ntatlOns, Served as State Liaison to local. federal. private. and volunteer orgaOlzation~ on aJl related
prograrnli and poliCies. Coordinated development. review and cxerCIlJes of SARA Title HI hazardous materials plans
(EPeRA). Served as Coordinator between state. regional. and local government entitles and federal funds
distribution. ProVided .;;tafT suppon. research. and polley development recommendations for the Regional Domestic
Security Task force State Working Group Trainmg Committee. Conducted Herben Hoover Dike vulnerabiluy
briefings to senior government and ejected ofticlals of 11 local governments surrounding Lake Okeechobee and
facilitated "Town Hall" meetmgs for local populations to mform them of the ImmJnent hazards. Durmg Super Bowl
XXXIX IL,;;slgned as State Liaison to the FBI Joint Operations Center.
Operations Chief :WOO to 2:005
Pulm Bl',ach County Dtvj~inll (~lEmc!rgen'y Managemt'nI West Palm Beach. FL
Managed the Operations Section of the Palm Beach County Emergency Management DIvISIon Duties included
Iiaiwn ~Ind coordination with 37 municipaliue"i, 100' public/private/nonprofit organizations. state and federal
governments ensunng consistency wtth State and National Response plans. Provided poltcy gUidance in plan
development. developed and implemented operational SOP's for plans and programs. conducted tralOlOg and
.exucue ~r. .and delivwy. AdmllUt'terea~, t8f1lrAeu. ttftd -budget of Q.....plo'\;auakl, t-4 rrriffmn lluttaTs;
Responsable for 24/7 operation of Emergency Operations Center (EOC). Communications Center. County Warning
Point. and televHllon broadcast facility. Responded as pnmary Duty Officer on a 2417 basis. Incidents mcluded
HUrrIcanes Charley. Frances. Jeanne. tornadoes. floods. the first terrorist anthrax attack 10 the US, WIldfires.
hazardolJls matenals Incidents. and the "Butterfly~Ballot" presidential electIon recount in 2000. During emergency
actlvattoll1S of the EOe was Operations Chief or Incident Commander. Supervised a staff of 12 aSSigned to
operations and the Conununications Center. Additional program oversight responSibilities included Community
Emergency Response Teams, Sara Title III Hazardous Materials. Counter Terrorism Response. Cold Weather
Sheltering. and Technology Applications.
Manager. Communications Center J 998 to 2000
Palm Beach County Fire Rescue West Palm Beach, Florida
Managed Communications Center and Fire Operations Office for metropolitan fire rescue agency with more than
100,000 :responses annually. Responsible for coordinating. planning. and directing the activities of the 44 personnel.
Responslbtlities included developing and executing budgets ($5.1 million). hlring/finng, faCIlities
management/security operations. policies and procedure development and execution. Implemented innovative
trainmg and quality control programs that resulted in a 25% redu'tlOn in 911 call handling time. EffiCIently
managed relocation of Communications Center to new 28.000 sq. ft. facility, coordinating with contactors and
vendors for seamless transition.
Fire Operations Officer 1994 to 1998
Palm Betlch County Fire Rercue West Palm Beach. FL
Managed, coordmated, and directed the operational resources of the Department on a daily basis. Responsible for
balancing daily department staffing. system status management. policy and procedure development and execution.
Provided tactical direction for communications center personnel. Altered dispatch protocols as needed. approved
mutual aid requests. mainlained minimum staffing levels. Assigned to several committees including level of
service. staffing, and SOP.
S ,a'ion F:ire Officer 1984 10 1994
Palm Bellch County Fire Rescue West Palm Beach. FL
Fire Offk;er responsible for prevention. preparedness, and response activities of nine fire rescue personnel in a
multi-company fire station providing ALS and BLS medical services. aerial. and fire suppression services as first-in
units to a response zone of 50,000 residenhl. Responses included fires, hazardous materials incidents, medical and
speCial Ol>erations mcidents within an assigned zone as inddent conunander. Non~emergency duties included fire
preventIon inspections and presentations, pre-fire planning, training, supervising personnel. personnel evaluations,
building. vehicle and equlpment maintenance. reports and record keeping. Developed and implemented the fire
station annual "Open House Program" and the annual Mothers Against Drunk Driving Vehicle ExtricalIon Expo.
Reluted
Florida Certified Fire (nstructor
Florida Oerlified Firefighter
Florida Ciertified Emergency Medical TechniCian
Additiolfol Experlelfce
Palm Beai;h County Council of Firefighters Legislative Director, Professional Fire fighters of Florida DnHnct Vice
President. Professional Firefighter.; and Paramedics of Palm Beach County Vice-PreSIdent.
Former small business owner of real estate. construction. and IDsurance finn. Additional fire service. private sector
work expc~nence. and traming credentials available upon request.
Hinnant - 2 .
I:ldu('ut;(1n
Bachelor of Business AdmInistration,
Flrc SCICnCIt Managemcnt/Busmess Managem~nt
NQrthH"Of,J L'niver.dty
2005
West Palm Beach. flonda
Proftsslonal AjJi1iai;ons
Member. International A$sociauon of Emergency Managers
Ml:mber. Florida Emergency Preparedness Association
Ml:mber. International Association of firefighters
Ihnnan! - 3 -
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EMPLOYMENT AGREEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
WAYNEJ.HINNANT
FOR POSITION OF
MONROE COUNTY FIRE CHIEF
THIS AGREEMENT is entered into upon the date last below written by and between Monroe
County, Florida, acting through its Board of County Commissioners ("Board or "BOCC"), a political
subdivision of the State of Florida, whose main business address is 1100 Simonton Street, Key West,
Florida 33040, and WAYNE J. HINNANT, who currently resides in Palm Beach County.
WHEREAS, the position of Monroe Fire Chief is currently open; and
WHEREAS, the BOCC has solicited applicants for the position of Monroe County Fire Chief;
and
WHEREAS, the County Administrator has selected Wayne J. Hinnant for the position of Fire
Chief; and
WHEREAS, negotiations between the County Administrator and Wayne J. Hinnant has
resulted in this mutually acceptable Employment Agreement ("Agreement"); now, therefore,
IN CONSIDERATION of the mutual promises contained herein the BOCC and Wayne J.
Hinnant hereby agree as follows:
1. EMPLOYMENT. Wayne J. Hinnant (hereinafter "Fire Chief') is hereby employed by the BOCC
as Fire Chief for Monroe County, Florida.
2. FULL-TIME EMPLOYMENT. County and Fire Chief agree that the position of County Fire
Chief will be a full-time position deemed exempt under the Fair Labor Standards Act. Work hours
performed, annual leave, personal leave, and sick leave hours taken will be documented on a form or
forms to be provided by County.
3. DUTIES OF FIRE CHIEF.
A. The Fire Chief shall at all times maintain all licenses required for this position as detailed
more fully in the attached Key Requirements of the Job Description, attached hereto as Exhibit A, and
will perforrn the duties of Fire Chief as provided for in said Job Description, as well as all duties
required by the Monroe County Code and lawfully adopted Resolutions of the BOCC; and all duties as
may be set forth in administrative and personnel policies and procedures adopted by use by the County.
B. Duties shall be performed in a professional, respectful, and timely manner and in accordance
with the highest standards of ethical behavior and in compliance with Part III, Chapter 112, Florida
Statutes, entitled Code of Ethics for Public Officers and Employees.
C. Fire Chief understands and agrees his duties under this Agreement will require him to
routinely work varied hours in excess of the normal County workday, and the hours worked shall be
consistent with the needs of the position.
Fire Chief Con.tract 8/f17
1
D. Nothing in this Agreement or in the BOCC's policies, rules, and procedures will limit the
Fire Chief's right to make passive financial investments; to participate in charitable service or work
with charitable organizations and other community activities, including trade and professional
organizations; or to undertake other activities which do not interfere with the performance of the Fire
Chief's duties under this Agreement.
E. The Fire Chief will be reasonably available to BOCC members, the County Administrator
and key County emergency staff twenty-four (24) hours per day. Such availability will be by telephone
or electronic messaging, or in person.
4. SOLE EMPLOYMENT. In partial consideration for the agreements to be performed by the BOCC
for the benefit of the Fire Chief as contained elsewhere in this Agreement, Fire Chief agrees that he will
not perfoffil any work, consulting services, or other activities for any other person or entity, whether for
remuneration or at no charge, without the prior express written approval of the BOCC. It is the intent
that Administrator's attentions will be devoted solely to County-related duties and obligations.
5. POST-EMPLOYMENT RESTRICTIONS. In partial consideration for the agreements to be
performed by the BOCC for the benefit of the Administrator as contained elsewhere in this Agreement,
Administrator agrees that for a period of twenty-four (24) months from the effective date of termination
or cancellation of this Agreement, Fire Chief will not personally appear on behalf of another person or
entity for compensation before the BOCC sitting in its legislative or quasi-judicial capacity, unless Fire
Chief is appearing on behalf of another governmental agency. Additionally, Fire Chief agrees that for a
period of twenty-four (24) months from the effective date of termination or cancellation of this
Agreement, Fire Chief will not lobby the BOCC sitting in its legislative or quasi-judicial capacity. For
purposes of this section, "lobbies" and "lobbyist" will have the same meaning as defined in Section
112.3215(d) and (e), Florida Statutes. This section will survive the termination or cancellation ofthis
Agreement, but may be waived by a majority vote of the BOCC at a public meeting.
6. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL RELEASE.
A. Normal Term of Agreement. The normal term of this agreement shall be for a period of
forty- eight (48~ months, commencing at 8:00 A.M. on the 20th day of August, 2007, and ending at 5:00
P.M. on the 19' day of August, 2011.
B. Extension of Normal Term. This Agreement will automatically renew for periods of one year
unless either the BOCC or the Fire Chief gives the other notice of its or his intent to modify or
terminate the Agreement. Such written notice shall be given not less than ninety (90) days prior to the
normal expiration date of this Agreement, or sixty (60) days prior to the expiration of any renewal term
year, as applicable. Once either party gives written notice under this section, this Agreement will not be
modified or extended except as may be mutually agreed to by and between the BOCC and the Fire
Chief.
C. Termination of Agreement by BOCC for Cause. This Agreement may be terminated by the
BOCC for cause, by providing a detailed written statement to the Fire Chief of the reason or reasons
for which termination is being sought, with said notice to be provided at least fifteen (IS) days prior to
the date of a BOCC meeting on which the agenda for the BOCC is prepared that contains the item of
termination to be acted upon, BOCC shall provide to the Fire Chief a detailed written statement of the
reason or reasons for which termination is being sought. The statement will include, but not be limited
to, a description of the act or acts, omission or omissions, or default or defaults which form the basis
Fire Chief Contract 8/07
2
for which termination is sought, along with the relevant date or dates, time or times, and location or
locations. As used in this Section, "for cause" will mean (a) dishonesty with respect to the business and
operation of the BOCC; (b) confirmed violation of the BOCC's drug policy; (c) refusal to cooperate in
an investigation regarding any aspect of the business or operation of the BOCC or County, including
but not limited to an investigation which is conducted by or at the express direction of the BOCC; (d)
conviction of a crime which is classified as a felony or a crime involving moral turpitude; (e) gross
neglect or willful and intentional misconduct; (f) conviction of a crime directly relating to the powers,
duties, or privileges of Fire Chief; (g) violation of a provision of the Monroe County Code; or (h)
breach of any material term or condition of this Agreement by the Fire Chief. In the event of any
litigation initiated by either party, the prevailing party shall receive reasonable attorneys' fees, costs of
litigation, and related expenses, both at the trial and appellate levels.
D. Termination of Agreement by Normal Expiration. Unless otherwise terminated in
accordance with other sub-sections of Section 6, this Agreement will terminate upon its normal
expiration date as stated in sub-section 6.A.
E. Cancellation of Agreement by BOCC Without Cause. The BOCC may cancel this Agreement
without cause, effective thirty (30) days after giving written notice to the Fire Chief. Such cancellation
will be by a Resolution adopted by a majority vote of the BOCC at a duly noticed public meeting.
Upon the effective date of the cancellation, the Fire Chief will be entitled to receive from the Board,
and within fifteen (15) days will be. the BOCC, a sum equal to the total of six months' salary,
and 100% of accrued vacation an sick leave.
F. General Release. Upon timely completion by the BOCC of all requirements under sub-
section 6.E., the Fire Chief will execute a general release in favor of all officers, members, and
employees of the BOCC and County relating to any cause or causes of action the Fire Chief has, had, or
may have related to the Agreement and the cancellation thereof. The general release will encompass all
applicable federal, state, and local laws and ordinances relating to claims of illegal discrimination,
intentional and unintentional torts, whistle blower rights, and all other types of claims whether known
or unknown through the date of cancellation. To the extent that it is prohibited by applicable federal,
state or local law, this provision will be deemed void and of no effect.
G. Termination of Agreement by Resignation of Fire Chief. This Agreement will be terminated
upon the effective date of resignation by the Fire Chief, after provision of at least 30 days written notice
to the County Administrator.
H. Abolishment of Position of Fire Chief. If the BOCC takes such action as to lawfully abolish
the position of Fire Chief during the term of this Agreement, the abolishment of the position, for the
purposes of this Agreement, shall be deemed to be a termination of this Agreement without cause by
the BOCC.
7. SALARY. As partial consideration for the agreements and services to be performed by the Fire
Chief for the benefit of the BOCC and County as contained elsewhere in this Agreement, the BOeC
will pay to the Fire Chief, a base salary in the sum of ONE HUNDRED EIGHTEEN THOUSAND
DOLLARS ($118,000.00).
A. The salary shall be paid in installments at the same time and in the same manner as other
County employees are paid, and will be subject to all legally required deductions. Currently, payments
are paid in equal biweekly installments (26 pay periods per annum).
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3
DcY
B. Upon conclusion of his first six months' employment, to wit: February 20, 2008, which shall \\'0 l 0
thereafter be deemed the Fire Chief s annivers date for oses of a I' n annual merit increases q 0
as are provided to other county emp oyees, the Fire Chief shall receive an increase in salary of 5% as a j \
merit increase, if his evaluation by the County Administrator supports a merit increase. The Fire Chief
shall be entitled to the same Cost of Living Adjustments (COLA) and other merit increases as are paid
to other County division directors, with the caveat that his anniversary date for merit increases is as set
forth in this paragraph.
8. TRANSPORTATION. The Fire Chief shall be provided a County vehicle of the County's choice
for transportation to and from work and for business purposes.
9. TRAVEL REIMBURSEMENT. Travel beyond the Monroe-Dade County line shall be
reimbursed according to County policy for out-of-County travel. The BOCC shall payor reimburse the
Fire Chief for the costs of meals, other expenses and lodging incurred by the Fire Chief that may be
necessary, required, or appropriate in fulfilling the Fire Chiefs duties and responsibilities under this
Agreement. Meals, mileage, other expenses, and lodging will be paid for or reimbursed at the rates
provided for by applicable Monroe County Code provisions, and shall be consistent with the provisions
of this Agreement.
10. FLORIDA RETIREMENT SYSTEM. The BOCC agrees that the position of Fire Chief will be
eligible for the retirement benefits provided under Florida Statutes. The BOCC will contribute such
amounts at such times as is required by the Florida Retirement System, and any other applicable law or
statute.
11. PROFESSIONAL MEMBERSHIPS. The Fire Chief shall, as a minimum, maintain membership
in the following professional organizations and interest groups: International Association of Emergency
Managers, Florida Fire Chief Association, Florida Emergency Preparedness Association, and
International Association of Fire Chiefs. All dues, occupational licenses, fees, and costs for obtaining
and maintaining the memberships delineated above will be paid for by the BOCC.
12. LOCAL LIAISONS. The Association shall establish and maintain liaisons with his counterparts
in local governmental and public agencies located within the geographical limits of Monroe County,
and with such agencies of the State of Florida and the federal government as may be appropriate and
desirable. Any reasonable costs, fees, charges, or other expenses incurred in establishing and
maintainirug these liaisons shall be reimbursed or paid for by the BOCC; provided, however, that the
costs of membership and participation in such organizations shall not exceed ONE THOUSAND
DOLLARS ($1,000.00) each fiscal year.
13. ANNUAL LEAVE; SICK LEAVE; EXECUTIVE LEAVE.
A. The Fire Chief will earn and be credited with annual leave at a rate per month equal to the
rate earned by County division directors. The Fire Chief may accumulate annual leave without limit
and no unused annual leave shall be forfeited due to nonuse, any provisions of the Personnel Policies
and Procedures Manual to the contrary notwithstanding.
B. The Fire Chief will earn and be credited with sick leave at a rate of one-half day per pay
period as do all other County employees. The Fire Chief may accumulate sick leave without limit and
no unused sick leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and
Procedures Manual to the contrary notwithstanding. Additionally, the Fire Chief shall have the option
Fire Chief Contract 8/07
4
of joining and receiving the benefits of the Monroe County Sick Leave Pool in accordance with the
policies and procedures that are applicable and in effect.
C. The Fire Chief will be credited with five (5) days of paid executive leave each year,
commencing October 1, 2007. Such leave will be credited on October 1 of each fiscal year thereafter,
and shall bl~ used within the following year.
14. CONTINUING EDUCATION. The BOCC agrees to budget for and to pay the costs incurred by
the Fire Chief in attending seminars and continuing education courses.
15. EMPLOYMENT BENEFITS.
A. Cell Phone; Radio; Pager; Laptop Computer. The BOCC agrees to provide a cell phone,
pager, and radio of its choice with the carriers of its choice to the Fire Chief, and shall provide a laptop
computer of its choice to Fire Chief. The costs of acquisition, use, upgrade, and other expenses related
to the supplying and use of the cell phone and laptop computer shall be paid for by the BOCC in
accordance with BOCC policy.
B. Health, Medical, Dental, Vision, and Related Benefits. The BOCC agrees to make available
to the Fire Chief all health, medical, dental, vision, and related benefits, including life insurance, as it
currently offers to other non-union County employees, under the same terms and conditions as offered
to other non-union County employees, and as may be changed, amended, deleted, or added to from
time to time. The BOCC shall pay the premiums required for single coverage for the Fire Chief, and the
Fire Chief shall be responsible for the premiums required for dependent coverage.
C. Holiday Benefits. The Fire Chief will receive the same paid holidays as the County's non-
union employees receive.
D. Other Customary Benefits. The Fire Chief shall have the right to participate in and receive
the benefits of other employment-related benefits as are available to other non-union County
employees., except that he shall not have the protection of the Career Service Act, Florida Law 69-1321.
E. One-time Relocation Expense. As and for partial consideration for this Agreement, the
County agrees to reimburse the Fire Chief up to FIVE THOUSAND DOLLARS ($5,000.00) for
relocation and moving expenses associated with moving from Palm Beach County to Monroe County.
This payment will be after the County Finance Department has received a request for reimbursement
with supporting documentation.
16. INDEMNIFICATION AND COOPERATION.
A. Indemnification. The County shall provide the Fire Chief with the same indemnification and
coverage against any tort, professional liability, or other legal demand, claim, or action which is related
directly or indirectly to the Fire Chief's actions in his capacity as County Fire Chief as is provided to
other County employees.
B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings
involving the BOCC or the County which arises out of an action or actions which occurred or are
alleged to have occurred while the Fire Chief was acting in the capacity of County Fire Chief, the
Fire Chief Contract 8/07
5
Administrator will cooperate with the BOCC and its counsel in defending and resolving the litigation or
proceeding. In such regard, the BOCC agrees to pay the Fire Chief's reasonable travel and subsistence
expenses incurred in cooperating with the BOCC and its counsel, including preparation for and actual
discovery, settlement, and trial and hearing of such matters.
C. The Fire Chief agrees that, unless required by law, he will not cooperate with or assist any
party, person, or entity who has, had, or may have, or asserts that he, she or it has or may have any
claim of any nature against the BOCC or the County, its agents, officers, or employees, unless the
BOCC or its authorized agent expressly consents in writing to waive this provision of this Agreement.
The Fire Chief will not disclose to any person, party, or entity any confidential, proprietary, time-
sensitive, or non-public information relating to the BOCC, the County, and its operations unless
required by law to do so.
17. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made
in the State of Florida and will be governed by Florida law. This is the entire agreement between the
BOCC and the Fire Chief and may not be modified or amended except by a written document signed
by the party against whom the enforcement is sought. This Agreement may be signed in more than one
counterpart, in which case each counterpart will constitute an original of this Agreement. Paragraph
headings are for convenience only and are not intended to expand or restrict the scope or substance of
the provisions of this Agreement. Wherever used herein, the singular will include the plural, the plural
will include the singular, and pronouns will be read as masculine, feminine, or neuter as the context
requires. The prevailing party in any litigation, arbitration, or mediation relating to this Agreement will
be entitled to recover its reasonable expenses and attorneys' fees from the other party for all matters,
including but not limited to, appeals. Monroe County, Florida will be the proper venue for any
litigation involving this Agreement.
18. PERFORMANCE EVALUATION. The County Administrator shall provide a review and
performance evaluation of the Fire Chief prior to February 20, 2008, and thereafter, at least once during
each successive year.
19. OTHER TERMS AND CONDITIONS.
A. If any provision, term, or portion of this Agreement shall be held to be unconstitutional,
illegal, invalid, or enforceable by a court of competent jurisdiction, the remaining terms, conditions,
and portions shall remain in full force and effect as if originally agreed to without the term, condition,
or portion that has been determined to be unconstitutional, illegal, invalid or unenforceable.
B. The waiver by either the BOCC or the Fire Chief of a breach or violation of any term or
provision of this Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach or violation by the other party.
C. This Agreement shall be binding upon and shall inure to the benefit of the heirs or estate of
the Fire Chief.
D. Should the Fire Chief die during the term of this Agreement, the obligations of the BOCC
under this Agreement shall immediately terminate except for payment of accrued and unused leave
balances to the Fire Chief's designated beneficiaries of his estate; payment of all outstanding
hospitalization, medical, dental, and vision bills in accordance with the County's plans, policies, and
procedures; and payment of all life insurance benefits in accordance with the terms of the County's
insurance policies or plans.
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E. The BOCC and Fire Chief acknowledge that each has shared equally in the review of this
Agreement and, accordingly, no court or administrative hearing officer shall construe any provision of
this Agreement more strictly against one party over the other party, and every term, condition,
covenant, and provision of this Agreement shall be construed simply according to its fair meaning.
F. This Agreement incorporates and supercedes all prior negotiations, correspondence,
conversations, agreements, and/or understandings applicable to the matters contained herein. It is
further agreed that there are no commitments, agreements, or understandings concerning the subject
matter of this Agreement that are not contained herein, and no deviation from the terms hereof shall be
predicated upon any prior representations, offers, promises, inducements, or agreements, whether oral
or written, and by whomever made. The text herein constitutes the entire agreement between the BOCC
and the Fin~ Chief, and this agreement cannot be amended except by a written document mutually
agreed to and executed with the same formalities as this Agreement.
G. The rights and obligations of this Agreement are personal to the Fire Chief and cannot be
assigned, transferred, or otherwise impaired by the Fire Chief.
H. The Fire Chief shall abide by all Florida and federal laws governing his duties as Fire Chief,
and shall adhere to County Policies and Procedures governing employees.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, in the County of Monroe,
Florida, this 15th day Augnst, 2007.
(SEAL)
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
DANNY L. KOLHAGE, CLERK
By:
By:
Deputy Clerk
Mayor/Chairperson
wrrNESSES:
WAYNE J. HINNANT
By:
Signature
By:
MONROE COUNTY ATTORNEY
ED AS T F
Fire Chief CO:rltract 8/07
7
MONROE COUNTY
JOB DESCRIPTION
Position Title: Fire Chiefi'Division Director Emereencv Services I Date: 10/01/05
Position Level: 14 I FLSA Status: Exempt I Class Code: 14-4
EXHIBIT A
GENERAL DESCRIPTION
Responsible for overseeing and enhancing the operations and activities of the Monroe County
unincorporated Fire/Rescue and Emergency Medical Services systems including the combined
volunteer/career services. This position is the ranking fire official in unincorporated Monroe County.
Typical activities associated with this position include directing, planning, organizing, and budgeting
Fire Rescue and Emergency Medical Services functions within Monroe County, with broad policies
guided by federal, state, and local laws, codes, rules and regulations. Oversees the operations of the
Emergency Management, Fire Marshal's Office and Upper Keys Health Care Taxing District. This
position reports to County Administrator.
(The information on this description has been designed to indicate the general nature and level of work performed by
employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all
duties, responsibilities and qualifications required of employees assigned to this job.)
KEY RESPONsmlLITIES
'Plans, controls, staffs, or anizes, re resents, and directs all Division ro ams in the Count .
Prepares, reviews, edits, and approves items to be forwarded to the County Administrator for
placement on the county Commission's meeting agenda and handles presentations at meetings with
staff artici ation as necessar .
Interviews applicants, reviews applications and recommends hiring of all Division personnel. Directs,
im lements, monitors all count ro ams re ardin ersonnel issues within the Division.
'Prepares, reviews, edits, recommends and monitors the Division's budget. Oversees expenditures
and urchases for the Fire Rescue Services' rovider co orations.
'Negotiatt~s, prepares, and administers the contractual agreements between the County and the various
Fire Rescue ServiceslEMS provider corporations. Ensures compliance with contract terms and
conditions, and Federal, State, and local laws and re lations.
Pre ares, reviews, edits, and recommends lans, studies and re orts concernin emer enc services.
Maintains liaison and routinely consults with the Fire Rescue Services' providers on matters
concerning operational policies, procedures, protocols, planning, implementation, direction and control.
Prepares, r,~views, edits, implements, monitors and enforces standard operating procedures and other
olicies.
Evaluates existing emergency services programs and recommends improvement, expansion, or
establishment of new ro ams.
Supervises the gathering of empirical and statistical data and provides written status reports.
Researches, develops and recommends appropriate strategies to improve operations; implements them
accordin 1 .
Conducts staff meetings, maintains contact and coordination with national, state and local organizations
concerned with emer enc services and re resents the count and Division to other or anizations and
Fire Chief Contract 8/07
8
the eneral ublic.
.Speaks to civic clubs, homeowners, property owners, radio, TV and newspapers as required. Official
s okes erson for all Division issues.
.Serves as the coordinator for the County Administrator for fire/rescuelEMS issues during disasters to
best utilize resources of the Division. Advises the County Administrator on incident command issues
and oversees management and coordination of Emergency Support Functions (ESF), Fire Fighting,
Hazardous Materials, and Search and Rescue durin a declared State of Emer enc .
.Provides policy recommendations on Division issues and programs to County Administrator, BOCC,
and other Divisions and Departments. Consults with County Administrator periodically concerning
issues, roblems and ro ess with the Division.
Develops, implements, maintains and monitors a maintenance program for Fire Rescue facilities, motor
vehicles, equipment and devices, including periodic testing and certification as applicable. Supervises
the accountabilit and control of assets, ro ert and/or resources assi ed to the Division.
.Oversees development and implementation of and monitors a comprehensive fue rescue training
program. Researches and develops programs for the recruitment and retention of Fire Rescue
Services' volunteers.
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Position Title: Fire ChiefJDivision Director Class Code: 14-4 Position Level: 14
Emergencv Services
Education .&
Experience:
Impact of Actions:
Complexity:
Decision Making:
Communication
with Others:
Managerial Skills:
Working
Conditions/
Ph sical E art:
On Call
Re uirements:
Other:
KEY JOB RE U1REMENTS
Bachelor's Degree required and 15 years experience (5 years at the Senior
Management Level) OR
Associate's Degree required and a minimum of 15 years progressively
responsible experience in related field with additional training and/or
certification.
Preferred: Graduate Degree in related field
Desireable: Graduate of National Fire Academy Executive Fire Officer
Development Program and/or Paramedic field experience.
Major(s) in Business Administration, Management, Public Administration, Fire
Science.
The work involves leadership which routinely affects multiple divisions of
Monroe Count and/or the surroundin communit in a demonstrable wa .
Highly Complex: Work is broad in scope covering one or more complicated
areas. Policy, procedures, or precedent are typically created by this position. A
high degree of analytic ability and inductive thinking is required to devise new,
non-standard a roaches to hi intricate, technicall com lex roblems.
Multifaceted: Supervision is present on a limited time basis to review broad
objectives. Independent judgment is required to review and approve major
recommendations, establish procedure, and coordinate technical and
administraive recommendations with Count -wide olicies.
Requires continuing internal and external contacts involving difficult formal
negotiations calling for well-developed sense of timing and strategy and details
explanation and interpretation of policies, rules and regulations and managing
relationshi s at the hi est level.
Responsible for supervising multiple functions, with full responsibility for
effective 0 eration and results.
Typically normal office situation. Work environment may require exposure to
disagreeable elements and extensive safety training and/or protective devises
when res ondin to and functionin at the scene of an emer enc .
Expected to be available as necessary to fulfill job obligations. Required to
work durin emer enc situations.
Required to be Certified Firefighter.
Desireable to be Certified Emergency Medical Technician or Paramedic.
Must possess ability to function within a paid/volunteer Fire Rescue and
Emergency Medical Services delivery system with the ability to maintain
cooordination and cooperation between all involved agencies.
Must have a proven track record of success in managing a combined
volunteer/career s stem.
County Administrator:
APPROVALS
Name:
Signature:
Date:
Fire Chief Contract 8/07
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On this date I h:ive received a copy of my job description relating to my employment with Monroe County
Name: Signature: Date:
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