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12/17/2008 Agreement Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Stn:et, Suite 205 Key West, FL 33040 (305) 292-4441 - Phone (305) 292-4544 - Fax cctJ -~p- ~. '!!:!!:....; ..-- - ~ - - - ^ Ce=- MEMORANDUM TO: Pam Hancock FROM: Connie Cyr DATE: December31,2008 SUBJECT: Employment Agreements BOARD OF COUNTY OOMMISSlONERS Mayor George Neugent, District 2 Mayor Pro Tern Sylvia J. Murphy, District 5 Kim Wigington, District 1 Heather Carruthers, District 3 Mario Di Gennaro, District 4 Pam, Please find enclosed the signed/executed Employment Agreements for Wilma F. Corbin & Carol Schreck for your records. If you have any question please don't hesitate to contact me. Thanks- Connie EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND CAROL SCHRECK FOR POSmON OF EXECUTIVE ASSISTANT TO COMMISSIONER HEATHER CARRUTHERS TIDS 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 Carol Schreck ("Employee"). WHEREAS, the position of Executive Assistant to County Commissioner Heather Carruthers, District 3, is currently open; and WHEREAS, the BOCC has solicited applicants for the position; and WHEREAS, Employee has interviewed and been selected for the position; and WHEREAS, negotiations between the County and Employee have resulted in this mutually ~lCceptable Employment Agreement ("Agreement"); NOW THEREFORE, in consideration of the mutual promises contained herein the County and Employee set forth herein, it is mutually agreed as follows: 1. EMPLOYMENT. Employee is hereby employed by the County as executive assistant to County Commissioner Heather Carruthers ("Commissioner"). Employee understands that he or she will initially be hired as an Emergency Temporary employee. Upon ratification by the Board of County Commissioners, the status of the Employee will then be converted to Contract Employee as that term is defmed in Section 2.03 of the Personnel Policies & Procedures Manual ("Manual"), however, the date of hire will be treated as the date on which the Employee was hired as an Emergency Temporary employee, and the Employee will be eligible for any and all fringe benefits from the date ofhire in accordance with the terms and conditions set forth in the Manual. 2. DUTIES. Duties of the Employee will be as set forth in the Job Description attached hl:retO as Exhibit A, the provisions of which are incorporated herein by reference. 3. COMPENSATION. In return for performance of the duties set forth in Exhibit A, including but not limited to specific duties assigned by the Commissioner from time to time, Employee shall receive an annual salary in the amount of$41,678.24. Except as otherwise set forth herein, the Employee shall also receive all benefits set forth in the Momoe County Personnel Policies & Procedures Manual ("Manual") as said Manual may be amended from time to time. County and Employee agree that the position of Executive Assistant will be a full-time position deemed non-exempt under the Fair Labor Standards Act. Work hours performed, annual leave, personal leave, and sick leave hours taken will be docwnented on a form or forms to be provided by County. - 1 - 4. SOLE EMPLOYMENT. The Employee agrees that he or she will not perfonn 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 Commissioner. 5. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL RELEASE. The Employee understands that the appointment is a relationship that is highly dependent upon the personal and confidential relationship between the Employee and the Commissioner. In entering into this Agreement, the Employee therefore understands that he or she serves at the pleasure of the Commissioner; that there is no set tenn to this Agreement; and that the Employee can be tenninated at any time upon twenty-four hours' written notice by the Commissioner, with or without cause, but that in any event the Agreement will tenninate at the conclusion of the tenn of current office of the Commissioner. The Employee further understands that in the event of tennination, the Employee is free to apply to the County for any other position then currently open and the County is free to consider the Employee for any open position, but that County has no obligation to place the Employee in another position, and specifically has no obligation to place the Employee in a position of equivalent or comparable salary, grade, or benefits. In entering into this Agreement, the Employee therefore specifically waives the right to utilize the grievance procedure set forth in Sections 9 and 10 of the Manual; House Bill No. 2658, Chapter 69-1321, the Monroe County Career Service Council; as well as any rights to which a Monroe County employee would otherwise be entitled under Chapter 447, Florida Statutes. As used in this paragraph, the tenn "for cause" will mean (a) dishonesty with respect to the business and operation ofthe County; (b) confinned violation of the County's drug policy; (c) refusal to cooperate in an investigation regarding any aspect of the business or operation of the County, including but not limited to an investigation which is conducted by or at the express direction ofthe 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; (g) violation of a provision of the Monroe County Code; or (h) breach of any material tenn or condition of this Agreement by the Employee. 6. ATTORNEYS' FEES AND COSTS. In the event of any litigation initiated by either party, the prevailing party shall receive reasonable attorneys' fees, costs oflitigation, and related expenses, both at the trial and appellate levels. 7. 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 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. Monroe County, Florida will be the prope:r venue for any litigation involving this Agreement. This Agreement is not subject to arbitration. 8. OTHER TERMS AND CONDITIONS. A. Except as set forth herein, the Employee is subject to all tenns and conditions set forth in the Monroe County Personnel Policies & Procedures Manual ("Manual") - 2 - as may be: amended from time to time. To the extent there is a conflict between the tenns of this Agreement and the Manual, the tenns ofthis Agreement shall prevail. B. 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 tenn, condition, or portion that has been determined to be unconstitutional, illegal, invalid or unenforceable. C. The waiver by either the County or the Employee of a breach or violation of any tenn 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. D. The County and Employee 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. Employee further acknowledges that she or he has had the Agreement reviewed by an attorney, or has been given the opportunity to do so and has waived that opportunity. E. This Agreement incorporates and supersedes 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, inducements, or understlmdings 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. F. The text herein constitutes the entire agreement between the Employee and the County, and this agreement carmot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. The rights and obligations ofthis Agr,eement are personal to the Employee and cannot be assigned or transferred. - 3 - IN WITNESS WHEREOF, the parties hereto have set their hands and seals, in the County of Monroe, Florida, this.30"""day of December 2008. On behalf of Monroe County, Florida By: ,9Z~J-:;r 1~/oolo8 Roman Gastesi, County Administrator WITNESS: Employee By: ~(,l~~ 1. (tJJ [Print Na+le:] tl./ fJnh A L. HA LL By: c::t~ Carol Schreck MONROE COUNTY ATTORNEY A~AS10~ YNTHItf:. HAl:L ASSISTANT COUNTY ATTORNEY Date~ a. - ;;1..- ..:w () g, - 4-