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1st Amendment 05/20/2020 acs Kevin Madok, CPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: June 10, 2020 TO: Kelly A. Cummings, CFM, Executive Administrator to Assistant County Administrator C. Hurley r FROM: Pamela G. Hanco„t It.C. SUBJECT: May 20" 11OCC Meeting Attached is an electronic copy of the following item for your handling: D 10 P`Amendment to the Contract with Helene Wetherington, Disaster Recover Director, extending her contract, changing to hourly rate employee, and full-time equivalent until December 31, 2020. Should you have any questions, please feel Gee to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY,FLORIDA, AND HELENE F.WETHERINGTON FOR POSITION OF LOCAL DISASTER RECOVERY DIRECTOR THIS AMENDED AGREEMENT is entered into on May 20 2020 ("Effective Date") by and between Monroe County,Florida,("County")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 Helene F.Wetherington("Employee")(collectively,the"Parties"). WITNESSETH: WHEREAS,the contract between Helene F. Wetherington and the County was entered into June 20,2018;and NOW THEREFORE,in consideration of the mutual promises contained herein between the County and Employee set forth herein,it is mutually agreed as follows: Section 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"). Section 3.COMPENSATION AND BENEFITS: The Parties agree that the position of Local Disaster Recovery Director is deemed exempt under the Fair Labor Standards Act. The Employee is expected to work 80%of a regular work week schedule. Work hours performed will be documented on a form or forms to be provided by County. a. Base Pay: In return for the performance of duties set forth in Exhibit A, including but not limited to specific duties assigned by Monroe County from time to time,Employee shall receive an hourly salary of$80.00. b. The Employee is not eligible for any annual cost of living adjustment or year-end bonuses, including but not limited to merit pay increases. c. Benefits: The Employee shall be a participant in the Florida 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. d. Transportation and Business Related Travel: Employee agrees that she will be responsible for providing her own motor vehicle for transportation. Monroe County agrees to budget and pay a lump sum fee up to$1,880 per meeting/per day for approved travel as may be necessary or appropriate to Employee's duties and responsibilities under this Agreement and in accordance with County Policy. Advance written approval is required for all travel. a Cell Phone;Laptop Computer;Docking Station,and Hot Spot for Remote Access.The County agrees to provide a cell phone, a laptop, docking station, and hot spot for remote access. Upon termination of the contract, the equipment will be returned to the County. Section 5.TERM OF AGREEMENT;TERMINATION; CANCELLATION;GENERAL RELEASE: a. Normal Term.This extension to the original Agreement entered into June 20,2018,is extended up to and through December 31,2020. AMENDED EMPLOYMENTAGREEMENT/LOCAL DISASTER RECOVERY DIRECTOR Page 1 of 3 b. Extension of Time.The parties may extend the term of Agreement by written addendum to this Agreement. c. Termination of Agreement: i. In entering into this Agreement, the Employee understands that she serves at the pleasure of Monroe County;and that the Employee can be terminated at any time upon thirty(30)days written notice by County Administrator without cause. ii. In entering into this Agreement,the Employee also understands that she can be terminated at any time upon 24 hours written notice by County Administrator for cause.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. iii. 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. iv. Resignation.In the event the Employee resigns from the position prior to the normal expiration date of this Agreement, the Employee shall be entitled only to payment for salary through the effective date of the resignation in accordance with Monroe County Personnel Policies and Procedures. v. Upon termination of this Agreement, Employee will immediately surrender all documents, information, property and assets to the County. IN WITNESS WHEREOF,the parties hereto have set their hands and seals,in the County ogBelonroe,%tide.,this 'Y ,4ay ofAprit 2020. 7) 0 CD — May - • - 0 (Seal), a rri ATT$5T:,kEVVIN MADOK,CPA,CLERK MONROE COUNTY,FLOR1D.c o W x Crf 67 By: Deputy Clerk BY: M y,� AMENDED EMPWYMENTAGPEEMENT/LOCPL DISASTER RECOVERY DIRECr00. Page 2 of 3 Dale: rn is p 2oL yo yo 4 Dale: D [ 2"'/ ? 2"° EMPLOYEE By: Helene Wetherington Helene F.Wetherington Date:06/09/2020 COWLTT ATTORNEY � FOIIIk antra+T.WI ASSISDoW TAITTORIMSY C IU ' AMENDED EMPLOYMENT AGREEMENT/LOCAL DISASTER RECOVERY DIRECTOR Page 3 of 3