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2. 08/15/2018 Agreement . EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND ISABEL C. DESANTIS FOR POSITION OF EXECUTIVE ASSISTANT TO COMMISSIONER DANNY L. KOLHAGE 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 Isabel C. DeSantis ( "Employee "). WHEREAS, the position of Executive Assistant to County Commissioner Danny L. Kolhage, District I, 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 acceptable 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 Danny L. Kolhage ( "Commissioner "). The status of the Employee is Contract Employee as that teen is defined in Section 2.03 of the Personnel Policies & Procedures Manual ( "Manual "). The first date of employment shall be September 1, 2018. 2. DUTIES. Duties of the Employee will be as set forth in the Job Description attached hereto 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 sixty -five thousand dollars even ($65,000.00) ( "Base Pay "). Except as otherwise set forth herein, the Employee shall also receive all benefits set forth in the Monroe 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 documented on a form or forns to be provided by County. Employee will be eligible for salary increases under the same method for awarding salary increases to other County employees set forth in the Merit Increase Program that was approved by the Board of County Commissioners on October 16, 2013, as may be amended from time to time. -1- , 4. SOLE EMPLOYMENT. The Employee agrees that he or she will not perform 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 teen to this Agreement; and that the Employee can be terminated at any time upon twenty -four hours' written notice by the Commissioner, with or without cause, but that in any event the Agreement will terminate at the conclusion of the term of current office of the Commissioner. The Employee further understands that in the event of termination, 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 term "for cause" will mean (a) dishonesty with respect to the business and operation of the County; (b) confirmed 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 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; (g) violation of a provision of the Monroe County Code; or (h) breach of any material term 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 of litigation, 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 proper 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 terns 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 terms of this Agreement and the Manual, the terms of this 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 term, condition, or portion that has been detennined to be unconstitutional, illegal, invalid or unenforceable. C. The waiver by either the County or the Employee of a breach or violation of any tern 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 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. . F. The text herein constitutes the entire agreement between the Employee and the County, and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. The rights and obligations of this Agreement are personal to the Employee and cannot be assigned or transferred. - 3 - IN WITNESS WHEREOF, t e parties hereto have set their hands and seals, in the County of Monroe, Florida, this day of August, 2018. On behalf of Monroe County, Florida / By: Roman Gastesi, County Administrator WITNESS: Employee 01 t • 1 By: uT U-I L. 1--tok-L L B a,(x.Q, C , [Print Name:] Isabel C. DeSantis MONROE COUNTY ATTORNEY APPROVED AS TO FOR : / 'NTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date • -4- MONROE COUNTY EXHIBIT A JOB DESCRIPTION Position Title: EXECUTIVE ASSISTANT Reports to: BOCC Position Grade: 112 FLSA Status: Non - Exempt Class Code: 112 -8 GENERAL DESCRIPTION Primary function is to perform specialized office and administrative work within the department. KEY RESPONSIBILITIES 1. *Compiles and coordinates BOCC agenda items. 2. *Assists in budget preparation and monitoring expenditures. 3. Compose correspondence for review and signature. 4. Schedules appointments and make travel arrangements for department personnel. 5. Maintains paper and electronic files, copies, scans documents; composes and responds to emails; and transcribes minutes. 6. Processes invoices, purchase orders, and requests to purchase. 7. * Answer telephone and greet public. 8. Maintain office stock supplies. 9. Conduct research on issues pertinent to the County at the direction of the Commissioner. 10. 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. • I Position Title: EXECUTIVE ASSSISTANT Class Code: 112 -8 Position Grade: 112 KEY JOB REQUIREMENTS Education: Vocational or Technical School required. Experience. 3 to 5 years minimum amount of prior related work experience. Leadership: Works from a general outline of duties and responsibilities. Other employees assist in completing work. Complexity: Performs entry-level professional work including basic data analysis and synthesis, report creation, process performance, and regulatory or compliance activities. Work involves statistics, operations analysis, or forecasting. Decision Making: Works in a responsive environment where co- workers or citizens bring problems to for resolution. Responsible for determining the problem and creating an individual solution for the issue. Relationships: Works with more than ten coworkers who mostly engage in the same activities. Working Conditions: Works in a dynamic environment that requires sensitivity to change and responsiveness to changing goals, priorities, and needs. Work requires only minor physical exertion and /or physical strain. Work environment involves only infrequent exposure to disagreeable elements. Intermittently feeling, fingering, hearing, mental acuity, reaching, repetitive motion, sitting, talking, visual acuity, and walking. 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. APPROVALS Department Head: Name: Signature: Date: County Administrator: Name: m ah 6affr✓i Signature: ‘... % ' Date: /' / ' ' g On this date I have received a copy of my job description relating to my employment with Monroe County. Name: Signature: Date: