11/20/2018 Agreement •
EMPLOYMENT AGREEMENT
BETWEEN MONROE COUNTY,FLORIDA
AND
KATHERINE M.ATKINS
FOR POSITION OF
EXECUTIVE ASSISTANT TO COMMISSIONER MICHELLE.COLDIRON
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 Katherine M. Atkins("Employee").
WHEREAS,the position of Executive Assistant to County Commissioner-elect Michelle
Coldiron 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 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 Michelle Coldiron ("Commissioner"). The status of the
Employee is Contract Employee as that term is defined in Section 2.03 of the Personnel Policies
&Procedures Manual ("Manual"). The first date of employment shall be November 20, 2018.
2. DUTIES. Duties of the Employee wilt 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-three thousand dollars even
($63,000.00)("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 forms 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,asmay be amended from time to
time.
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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.
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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 term 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.
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A. Except as set forth herein, the Employee is subject to all terms and •
conditions set forth in the Monroe County Personnel Policies &Procedures Manual("Manual")
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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 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 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.
•- 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 fail 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. •
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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.
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IN WITNESS WHEREOF,the parties hereto have set their hands and seals, in the
County of Monroe,Florida, this day of November,2018.
On behalf of Monroe County, Florida
By: I/A
�' / . Roman Gastesi,County Administrator
ief
WITNESS: Employee
// 44,1er;vi4.a- M. A'1-.44
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By./ ___ / e./ - 13 -ii)4,(D.VACi—V
[Print Name:] _ Katherine M. Atkin
MONROE COUNTY ATTORNEY'S OFFICE
Approved as to form:
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r'Digitally signed by Cynthia L Hall
- 0. aid 1 DN:cnt=Cynthia L.eHall,o=Monroe
4- liam. "County rnonoecauniy-hall-
cyn[hia@monroecbunty-Fl.gov,
Date:2018.11.08 16.13:06-05'00' - -
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MONROE COUNTY
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; .•
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KEY RESPONSIBILITIES•
1. *Compiles and coordinates BOCC agenda items.
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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 doounients;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 cniployees•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.
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Position Title: EXECUTIVE ASSSISTANT Class Code: 112-8 Position Grade: 112 .
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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•
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Department Head:
Name: Signature: • • Date:
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County Administrator: •
Name: Signature: Date:
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On this date I have received a copy of my job description relating to my employment with Monroe
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County.
Name: { -Gt}1r‘e.r'w-t Nt. Signature': Date: k k • 1