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2nd Amendment 12/09/2020 a :.. 1 Kevin Madok, CPA 1 Y .., Clerk of the Circuit Court&Comptroller—Monroe County,Florida DATE: December 14, 2020 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges FROM: Pamela G. Hancn,EkYV).C. SUBJECT: December 9th BOCC Meeting Attached is an electronic copy of the following item for your handling: D5 2nd Amendment to Contract with Helene Welherington, Disaster Recovery Director,extending her contract until June 30, 2021. Should you have any questions please feel free to contact me at(305) 292-3550. 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 TWO 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 December 9, 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. . Work hours will be compensated on an hourly basis and performance 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. e. 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. AMENDED EMPLOYMENT AGREEMENT/LOCAL DISASTER RECOVERY DIRECTOR Page 1 of 3 Section 5. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL RELEASE: a. Normal Term. This is the second extension to the original Agreement entered into June 20, 2018. The first extension terminates on December 30, 2020. This second extension will terminate June 30, 2021, with an option to extend for an additional six month term. 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. AMENDED EMPLOYMENT AGREEMENT/LOCAL DISASTER RECOVERY DIRECTOR Page 2 of 3 r � `�. ESS WHEREOF, the parties hereto have set their hands and seals, in the County of Monroe, Florida, " , 'r r'� tuber,2020. A a) YIN MADOK,CPA,CLERK MONROE COUNTY, FLORIDA By: l ~v •rpm?", Ae Depu Jerk In Date: � 1• 9-o u By: o,' ,,_-Mayor Date: ' ""^'L 9. -7" -2,-,' EMPLOYEE MONROE COUNTY ATTORNEY e Helene Wet herin tory—^•`„:,7,e*- w CHRISTINELIMBER -BARROWS By: UN ASSISTANT C, q TYA7TORNEY Helene F.Wetherington DATE: Date: 12/9/2020 o ^d :J_ O f n F (-) =• .J = rT1 n .. O > N A U O AMENDED EMPLOYMENT AGREEMENT/LOCAL DISASTER RECOVERY DIRECTOR Page 3 of 3 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: WIC 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 govemmcnts 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 gocemment. I0. Attends meetings of elected and appointed officials in the area. I I. 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: 120-4 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. Working Conditions. 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 anchor negligible amount of force frequently or constantly to lift,carry,push,pull or otherwise move objects,including the human body. On('all Requirements. APPROVALS Department Head: Name: Signature: Date: County el dministratorA.s,sistant County Administrator: Name: Signature: _ Date: On this date I have received a copy of my job description relating to my employment with Monroe County. Helene Name: Helene veu,ea.,3con _ Signature Wether'ngton