06/20/2018 Contract
DATE: July 17, 2018
TO: Kelly Cummings
County Administrator’s Office
FROM: Sally M. Abrams, D.C.
SUBJECT: June 20th, BOCC Meeting - Approved Agenda Item
______________________________________________________________________________
Attached is an electronic copy of the executed agenda item presented with the correction of a
scrivener’s error and attachment of Exhibit A as approved by Assistant County Attorney,
Cynthia Hall.
[[375,1321,420,1377][11][B,I,][Calibri]]S3 [[420,1321,450,1377][11][,I,][Calibri]] [[450,1321,1140,1377][11][,I,][Calibri]]Board confirmed the appointment of [[1140,1321,1549,1377][11][B,I,][Calibr
i]]Helene Wetherington [[1549,1321,1559,1377][11][,I,][Calibri]] [[1559,1321,1979,1377][11][,I,][Calibri]]as a department head
[[375,1377,1989,1433][11][,I,][Calibri]](Director, Recovery) as required by Section 2.01 of the Personnel Policy and Procedures
[[375,1433,1398,1489][11][,I,][Calibri]]Manual and approval of a two year employee contract. [[1398,1433,1425,1489][11][,I,][Calibri]]
Please contact me at extension 3550 with any questions.
cc: County Attorney
Finance[[607,1978,636,2039][12][,I,][Calibri]]
File
•
kltiPteitittW AciantINT
BETWEEN MONROE COUNTY, FLORIDA,
AND
HELENE F. WETHERINGTON
FOR I SITION OF LOCAL DISASTER RECOVERY DIRECTOR
TI/WAGREEMENT is entered into on June& V, „zeta rEfigctiyA Date), by nn4 between
Florida (`bounty ") acting through its Board of County Commissioners ("Bowe or ` BOCC "), a political subdivision of
the State of Florida, whose main business address is 1100 Simonn Street; Key West, Florida 33044, and Helene F.
. -" Fes") (eelle tivaetY,. tbg « „)
WHEREAS, the position of local Disaster recovery DiteCtor was duly advertised in accordance Mei Monroe
Cu' policy and is - cmently - opcin. - sod
WHEREAS, Einpioyee applied for, has interviewed andhas been selected for the position; and
WHEREAS, negotiations between the Parties have resulted in this mutually acceptable Employment Agreement
("Agreement').
NOW THEREFORE, in consideration of the mutual promises contained herein between the County and
Employee set forth herein, it is mutually agreed as follows:
1. EMPLOYMENT: Employee is hereby employed as the Local Disaster Recovery Director as a Contract Employee as
that term is defined in Section 2.03 Of the County's Personnel Policies & Procedures Manual ("Manual ").
2.S: Duties of the Employee will be as set forth in the Job Description attached hereto as Exhibit A, the
provisions of viiliich are incorporated herein by refetence.
COMPENVIION . 1 BENRF : The -Pates wee that the position of Local Disaster Recovery Pi -xs
deemed exempt under the Fair Labor Standards Act. The Employee is expected to work S0% of a regular work week
schedule. Work &lours" performed will be documented on a form or forms to be provided by County,
Bisx : l rr. ;e .pest of duties set forth *Exhibit A, including but not t2'
duties assigned by Monroe County from time to time, Employee shall receive an annual base salary in the
amount of $133,130.25 per year loaded, based on a minimum 1,664 hours per year. Base pay is paid
la -ice•
b. The Eiitployee is eligible for any annual sue" ofliving adj ittinent or year -end bonuses, including fiuf not•
limited to merit pay increases.
c. Benefits: The Employee shall be a participant in the Ronda Retirement System. Except as stated herein, the
Employee is not entitled to any other benefits listed in the Monroe County Personnel Policies & Procedures
Manual `Manual "), including but not limited to health insurance, annual leave and sick leave.
<f
TVaPPPrintlinn and Business Related Travel: Emplcwee -mss** she wilt be . for provnling
own motor vehicle for transportation. Monroe County agrees to budget and pay for travel costs incurred by
the Employee up to the amount budgeted; including but not limited to transportation, hotels and per diems, for
approved travel as may be necessary or appropriate to Employee's duties and responsibilities under this
Agreement and in accordance with County3olicy.
e. Office: The Employee will be headquartered in Marathon, Florida. The County will provide the office and all
off ce equipment and supplies.
EMPLOYMENT AGREEMENT / LOCAL DISASTER RECOVERY DIRECTOR Page 1 of 6
O1TFSfDE EMPLGYME1! '. 't.CQNF-lc f£T OF Th 'El ':, The. fonnty and .Employee understand and aye t iar t
Employee is currently a principal- in 'Disaster Planners, - Inc., a Florida for -profit corporation, a company that provides
professional consulting services. The Patties agree diddle Employee may continue to perform work for other clients
during off uty hours durum the term of this Agreement inaccoulance with Chapter -1 l . Florida States f eu
- Section 112.313 (standards of conduct} and Section 1:G3 of the Monroe County Personnel Policies and Procedures
Manual, only if the outside work does not conflict with the best interests of the County or interfere with the
•Employee's -ability to perform. die assigned County 5 and 4Zeigy cf thou employment whip urili not .create a
continuing or frequently recurring conflict between her private interests and he performance of her public duties that
would impede the fill and faithful discharge of her public duties: To that end, the Employee warrants that she does
-not currently have any outside - ehients, and That ptior to taking .on - any - obgots in the futurg - tbe :tom of Ibis
Agreement she will obtain the consent and approval in writing of the County Administrator after listing the client and
a full description of the work to be performed.
5. TF,RM OF-A_OREBMVIT, TERM! ON; CANCEUNTI€ ; IiENERAL RELE.4_.9! :
a. Nonnal Tenn, The normal tenn of this Agreement will be a period of twenty - four (24) months, commencing on
the final date of ecution of this Agreement. understands that this is a grant- -rposition, and
that unless renewed with a different funding source, this Agreement and the position will expire no later than 24
months from the Effective Date.
b. EUension of Tim. The parties _Bray emend the terse of Agreement by wittert addendum to this Agreement.
c. Termination ofAgreement;
g into this Agreement;. the UPteiyee - umiers th 41* - 414x44_ - at, x e pleasure of Nfongog
County; and that the Employee can be terminated at any time upon thirty (30} days written notice by
County Administrator without cause.
ii. in ems into this Agreement the Employee also tmderstanc6 that she can be. .teAMna d -at. any time .
upon 24 hours written notice by County Administrator for cause. As used in -thin paragraph, the term "for
cause" will mean (a) dishonesty with respect to the business and operation of the County; (b) confirmed
violation-of -the 3 .1 ; e),refusal. -to-c Man inyestigation..regarcling _=1 _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 of the BOCC; (d) conviction of a crime which is classified as a felony or a
CT a 2n l+rx - txiosal neglect or. willful -and intentional. x
ue 0 victim
a crime; (g} violation of a provision of the Monroe County Code; or (h) breach of any material term or
oor diti M ofthis Agreement by the Employee.
w.. ' cp oyee further understands thxit rn -the event af- t+ermi i..the myee is -free -to ate' to
County for any other position then currently open and the County is free to consider the Employee for any
open position, but brat County bas no obligation to place the Employee in another position, and
-specifically -has .ne 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 would otherivise be entitled under Chapter 447, Florida Statutes.
iv. - Resignation. lir Ihe event the -kniPloY.tz - the : pt oc -to the - .exertion -date of_
this Agreement, the Employee shall be entitled only to-payment for salary through the effective date of the
resignation in accordance with Monme County Personnel Policies and Ptvc duures.
v. Upon tennination of this Agreement, Employee will immediately surrender all documents, information,
property and assett the County.
EMPLOYMENT AGREEMENT / LOCAL DISASTER RECOVERY DIRECTOR Page 2 of 6
6. ATTORNEYS' FEES AND COSH In the event of any - litigation initiated by either party, the prevailing party shall
reetivereasona rle attorneys' fees, costs oflitigation, andrelated expenses, both attic trial and appellate levels.
7.. GO L4W ' RISi - *I ? T ;, VENUE: 'l s Agreement -tit the -:. e of. Florida
and will 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
*gilded to expand gr -rest rich tire -scone -Or aribstarree of the provi.si,oats of this Agreement Wl ever used. hem* in 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 wires: Monroe County, Florida wilt be the proper venue for - any litigation involving this
Agreement. This Agreenient is not submits aibittatioa.
8. MISCELLANEOUS TERMS AND CONDITIONS:
a. Except as set forth herein, tiw. .Etrtp is. - subjeetti It Inmyt.nd conditions set forth. in .tie Monroe County
Personnel Policies & Procedures Manual C'Manual ") as may be amended from time to -time. lathe extent there is
a conflict between the ternts of this Agreement and the Manual, the teens of this Agreement shall prevail.
- . pravisiete.. term or .pc t, -of .this tae . -*? .
enforceable by a court of competent jurisdiction, the remaining terms, conditions, and portions shall remain in full
force and effect as if oiiiginally agreed to without the tent, condition, or portion that has been detertniried to be
u tetional, .in arcane .
c.
The waiver by either die County or rile Employee of a breath or violation of any tern or prevision 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.
4. lbe yee acknowledge that each_ has s_ *Ate - -of this Agiverneet: -arm
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
ggrecment s.1 be onst . sl y - cor4 tg #s. fair - meani -.. Employee r AV es that cu: be
has had the Agreement reviewed by an attorney, or has been given the opportunity to do so and has waived that
opportunity:
e. This 4graee er t .incorporates and supersedes all r negotiations, correspondence,_ 40nyematipm agreements
and/or understandings applicable to the matters contained herein. It is further agreed that there are no
commitinents, agreements; inducements, 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, pn+omises, inducements, or agreements, whether oral or written, and by whomever made.
f. The text ,her constitutes the entire agreement between.dte Employee and County,,and this agreement canna
be amended except by a written document mutually agreed to and executed with the same formalities as this
Agreement: The rights and obligations of the Employee Wider this - Agreement are personal to the Employee and
-the mar txrred.
9. CONTRACTS; PUBLIC RECORDS RS. 119.0701:
f roof #his section, the term:
i. 'uip#oyer means an individual, partnership, corporation, or business entity that enter into a oonnact for
xrtidIt it- VOW 3' and -4,- 4c1 PP. ; -a-t - as prov 4. matt m
ii. Public agency" means a state, county, district, authority, or municipal after, or dept *vision, bowl,
bureau, commission, or other separate unit of government created or established by law.
EMPLOYMENT AGREEMENT i LOCAL DISASTER RECOVERY DIRECTOR Page 3 of 6
b. In accordance with Section 119.0701, F.S:, and in addition to other contract requirements provided by law, the
Employee shall comply with Florida public records laws, specifically to;
-1 ep. publ . s r ::M -t zae ..
ii. Upon request front the public agency's custodian of public =earth, prdvide the public agency"" with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Flonda Statutes, Chapter - 119 or as otherwise provided by law.
Ensure .that -public recolds That are ex -COUNential -a ui exempt. from. public records disclosure
requirements- are not disclosed except as authorized by law for the duration of the contract term and following
completion of the contract ifthe contractor does not transfer the records to the public agency.
kv. Upon co^zpletion of the contract, transfer, at-no cost, to F ,+cttnn .at - reCeetiS -in possession of !Iv
contractor or keep and maintain public records required by the public agency to perform the service. If the
Contractor transfers all public records to the public agency upon conviction of the contract, the contractor
mil 4e*oy any duplicate public =m4 that -arc , ar -cpaAjpigial and exempt from .lac.
disclosure requirements. If the contractor keeps and maintains public records upon completion of the
contract:, the contractor shall meet all applicable requirements for retaining public records. All words stored
electronically must be provided- to- Monroe County, upon request from the public agency's custodian of
records, in a formatthat is compatible with the information technology systems of Monroe County.
. CONTRACTOR HAS .QUESTIONS REGARDING TIM APPLICJUION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
RLIC RECORDS AltA11140 1 THIS COgritkel, CCOTACt T CUSTODIAN'
OF PUBLIC RECORDS, BRIAN BRADLEY, AT (30S) 292 bradley-
brian(tnonroecounty ftgov, c% Monroe County Attorney's (Mkt, 11H 12th St, Suite.401,
Key West FL 3 3044.If a contractor does not comply a public records request, the public
agency shad enforce the contract provisions- in accordance with the contract.
10. FEDERAL CONTRACT CLAUSES. The Parties understand and agree that the Strikes ees provided under this"
seem are bed. Plii4 APT with , s_ -feral .awazd,, as -tint Win irs clefirned, in ? . :L:1 .. Piltrt. Z ,. the Vnifotnx
Administrative Requirements,•Cost Principles and Audit Requirements for Federal Award, and therefore, the requirements
in this regulation apply, including in particular, all of the applicable requirements in Appendix 11 to 2 C.F.R. part 200:
Therefore, The Employee must comply with the following:
(a) Audit of Records
tesployee shall grant to the County, the Federal Government,. and *iv pater duly uthorized age2> s f the -
Government or the County where appropriate the right to inspect and review all books- and records directly pertaining to
the Contract resulting Sin this REP fora period of five (S) years after final grunt close -out, or as required by applicable
Y,_ -SUP -ate Fedesathuw. shall b . -ruatde.auai}sl is .. n holm for this purpose.
ill the" event that any Federal or "State agency, or the County, issues findings or rulings that the amounts charged by the
Emloyee, or any portions ticreof, a inetigihip ur were non-allowable non-allawable under .federal or std .aw or -regulatim
Employee may appeal any such finding or ruling. If such appeal is unsuccessful, the Employee shall agree that the
amounts paid to the Employee shall be adjusted accordingly, and that the Employee shall, within 30 days thereafter, issue
a. =AU= tech e County of any paymen s declared to be u re i e gr-ngrt-a
Em o ee shall
pi y ooiriply wrtli federal and/or state laws authorizing an audit: of Employee's operation as a Whole, or Of
specific Project activities.
EMPLOYMENT AGREEMENT / LOCAL DISASTER RECOVERY DIRECTOR Page '4 of 6
Under no circumstances shall advertising or other communications with the media be presented in such a manner as to
County or imply that the Employee or the Employee's services are endorsed by the County.
.(b) Rights to Inventions Made Under a Contract or Agreement. .If the -of
"finding agreement" under 37 CFR §4012 (a) and the recipient or subrecipiert wishes to enter into a contract with a
small business firm or nonprofit organization regarding the substitution of parties; assignment or performance of
expo4niental_;.4evelopmerital; or research- wo;k_um er. h t "fu g agree rt " the .recipient or subrece ipient vostcomPlY
with the requirements of 37 CFR - Part 441, "Right& to Inventions Made by Nonprofit Organizations and Small Business
Finns Under Goverrinient GrairtS, Conttncts and Cooperative Agreements," and any implementing regulations issued by
the -_.
(c) Pebannent and Suspension fExecutive Orders 12549 and i2689} —A contract award Ode 2 CFR 180.320)
net be made to parties .listed on line govemme' twide - exch*errs ut the System for .Awant LititlagPIPC0 MOW .
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p.
189) and 12689 (3 CFR part 1989 Comp., p. 235),1)ebamient and Suspension." SAM Exclusions contains the namesof
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other Executive Order 12549.
-(4) -Byrd Anti - Lobbying Amendment 131 ILS.C. 13521-- Contractors that .apply or bid for .. award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal" appmpnated funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, - s..member .4. - Congress, cheer rn' of £mess, -PT VI . .Qf $ r em r of
Congress in connection with obtaining any Federal contract, giant or any other award covered by 31 -- U.S.C. 1352. Each
tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal
awarxl. Suelirliselosmesare forwanic4frorn r.tOtier P to.iie ooat-F to d,
( e ) No Obligation by Federal Government. The federal government is not a party to this contract and is not
subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any matter
resulting from the contract.
f r g i m .Fraud and False or .F.ra is ant Statements or .plated Acts. The Employee
U.S:C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Employee's- actions
pertaining to this`conttact.
EMPLOYMENT AGREEMENT / LOCAL DISASTER RECOVERY DIRECTOR Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, in the County of Monroe, Florida, this JO
day of June 2018.
ob
(Seal) - '�-
ATTEST: KEVIN MADOK, CPA, CLERK MONROE COUNTY, FLORID
By: V . _
Dep j Clerk W 6 By:
Date: (..o yor
Date: • ?/0.16
EMPLOYEE
By: I//1J d.// Hel ene F erington
Date: /I //l.)/
c -7
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W V CCr
_J cc z MONROE COUNTY ATTORNEY
A • - ROV 0 AS T0f0
�►� NTHIA L. ALL
ASSISTA T OUN TY AT TO' NEY
Date
EMPLOYMENT AGREEMENT / LOCAL DISASTER RECOVERY DIRECTOR Page 6 Of 6
Exhibit A
MONROE COUNTY
JOB DESCRIPTION
Position Title: LOCAL DISASTER RECOVERY DIRECTOR Reports to: County
Administrator, Asst. County
Administrator, or designee
Position Grade: 120 FLSA Status: Exempt Class Code: I W/C CODE:
120 - 4 8110
GENERAL DESCRIPTION
Under direct supervision of the County Administrator, Assistant County Administrator, or named designee, this position
manages and administers a variety of community development projects and community development, economic development,
and planning services to member local governments and the region. An employee in this classification performs professional
work with attention to sustainability, social, cultural, economic, and environmental issues. Position is responsible for developing
projects in accordance with departmental and organizational missions, goals, objectives, and plans as well as writing and
administering grants and raising other funds to support same. Position is responsible for professionally representing the
department and organization in its community development capacity.
KEY RESPONSIBILITIES
1. Currently, this position works to complete a Hurricane Irma recovery project funded, in part, by the
U.S. Economic Development Administration. The position also utilizes USDA grant funds for
community facility planning and development.
2. Works in a team environment on complex projects spanning a variety of goals and objects serving
numerous clients including member governments, allies, and funders, in service to the public at large.
3. Recognizes the need for, develops, and manages community development plans, projects, and policies
with an emphasis on resource, human, and economic development.
4. Develops and maintains professional relationships with local, state and federal officials and agencies,
with peers and partners, as well as memberships in community development organizations.
5. Identifies and spearheads cross - department projects that meet multiple goals in planning, rural
development, and workforce development.
6. Develops, writes, administers grants for the organization, members and allies related to community
development and other subjects, and advises local governments on grants and loans.
7. Develop, manages, and monitors community project and other department budgets as assigned.
8. Assists the Department in preparing and revising the Comprehensive Economic Development Strategy,
as required by the US Economic Development Administration, for the economic development district.
9. Assembles data and information for local, state, and federal government.
10. Attends meetings of elected and appointed officials in the area.
11. Attends workshops and training.
12. Performs other duties as assigned.
* Indicates an "essential" job function.
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.
Position Title: Local Disaster Recovery Director Class Code: 120 Position W/C
Grade: CODE:
120 7403
KEY JOB REQUIREMENTS
Education: Bachelor's degree, Master's degree preferred, in public policy, city and regional planning, or closely
related field supplemented by a minimum of five (5) years previous experience and/or training that
includes community development, local government planning, and grant writing; or an equivalent
combination of education, training, and experience. Valid Florida Driver's License.
Experience: 5 years minimum amount of previous experience.
Leadership: Oversee, plan, and implement major programs and services for the organization. Report on
progress to the organization's leadership teams.
Complexity.: Oversee work that involves the use of complex technical, scientific, or mathematical concepts that
increases the efficiency and effectiveness of the organization. Analyze and make recommendations
on how to improve the operational performance of the organization.
Decision Making: Responsible for determining goals, policies, and desired outcomes for multiple units. Determine the
appropriate level of resources to meet the organization's needs.
Relationships: Provide updates to senior managers, elected officials, or other community groups or organizations.
Work regularly with other Directors or senior managers to ensure the provision of efficient and
effective services. Part of work performance is tied to how well respond to members of the
community or internal peers within the organization.
11 or king ( Spend part of time working in an environment where errors can lead to significant physical or
mental consequences for me or others. Work requires only minor physical exertion and/or physical
strain. Work environment involves only infrequent exposure to disagreeable elements.
Intermittently balancing, fingering, grasping, handling, hearing, mental acuity, speaking, talking,
and visual acuity. Also requires sedentary work exerting up to 10 pounds of force occasionally
and/or negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise
move objects, including the human body.
On Call Requirements:
APPROVALS
Department Head:
Name: Signature: Date:
County Administrator /Assistant County
Administrator:
Name: Signature: Date:
On this date I have received a copy of my job description relating to my employment with Monroe County.
Name: Signature: Date:
Campo -Abra
From: Campo -Abra
Sent: Friday, July 13, 2018 3:00 PM
To: 'Sally Abrams'
Cc: Cummings - Kelly; Hall- Cynthia
Subject: 6/20/18 Item S3 - Wetherington Employment Agreement
Attachments: S3 Agenda Item.pdf
Sally,
I'm sending over the employment agreement for Helene F. Wetherington for execution. Please see the attached actual
agenda item. On page 3, #5c(iv) the words "and the payout of any accrued annual and sick leave" are not in the
agreement signed by Ms. Wetherington which you will be receiving. Ms. Wetherington will not be accruing any annual or
sick leave. The document had been revised but did not make it on to the revised agenda. The document you will be
receiving without the wording is correct and per Cynthia Hall it is considered a scrivener's error.
Also, Exhibit A which is the job description to the agreement was not included in the agenda item. Ms. Hall has
determined that the agreement can be executed with no need to go back to the Board to show the attachment.
If you have any questions, please don't hesitate to call me.
Abra Campo
Executive Administrator
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
Office: (305) 292.3470
Fax: (305) 292.3516
campo- abra@monroecounty-fl.gov
Please consider the environment before printing this email.
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the County
regarding County business are public record, available to the public and media upon request. Your e -mail communication
may be subject to public disclosure.
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