Item N06 N.6
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
March 17, 2021
Agenda Item Number: N.6
Agenda Item Summary #7980
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard(305) 292-4443
n/a
AGENDA ITEM WORDING: Approval of First Amendment to Employment Agreement between
Monroe County and Eurie Sarmiento to provide for a salary increase of$8,000.00 per year bringing
her annual salary to $60,000.00.
ITEM BACKGROUND: Euridices Sarmiento is a contract employee who serves as Commissioner
Martinez's Executive Assistant. Ms. Sarmiento has demonstrated skills and abilities since her hire
date of December 2019 exceeding expectations. She has adapted and learned the County procedures
and is performing well with members of the public and providing support for Commissioner
Martinez.
PREVIOUS RELEVANT BOCC ACTION: November 2020, BOCC approved Employment
Agreement between Monroe County and Euridices Sarmiento.
CONTRACT/AGREEMENT CHANGES:
Proposed First Amendment adds $8000.00 per year in compensation for Ms. Sarmiento.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
First Amendment-- Sarmiento 03.02.2021
Eurie Sarmiento Contract 12.02.2020
FINANCIAL IMPACT:
Effective Date: March 17, 2021
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
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Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: No
Additional Details: N/A
REVIEWED BY:
Cynthia Hall Completed 03/02/2021 4:07 PM
Budget and Finance Completed 03/02/2021 4:51 PM
Maria Slavik Completed 03/02/2021 5:29 PM
Liz Yongue Completed 03/02/2021 5:57 PM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY AND EURIDICES
SARMIENTO.
THIS AMENDMENT to agreement dated the 171" day of March, 2021 is entered into by and
between the Board of County Commissioners ("Board" or "BOCC"), a political subdivision of the
State of Florida, and Euridices Sarmiento (employee).
WHEREAS, there was an agreement entered into on November 17, 2020, between the parties; 2
and
WHEREAS, the employee has adapted and learned county procedures and is performing well
with members of the public and providing support for Commissioner Martinez; and
WHEREAS, the employee has exceeded and assumes responsibilities beyond those in the job
description; and
WHEREAS, it has become necessary to revise the salary;
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NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree
to amend the agreement as follows:
1. Paragraph 3 of the agreement shall be revised as follows:
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COMPENSATION. In return for performance of the duties set forth in Exhibit A, including ni
but not limited to specific duties assigned by the Commissioner from time to time,
Employee shall receive an annual base salary in the amount of sixty thousand dollars
and no cents ($60,000.00) ("Base Pay"). The Employee will also receive all benefits set 0)
forth in the Monroe County Personnel Policies & Procedures Manual ("Manual') as said
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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.
2. In all other respects, the remaining provisions of the agreement dated November 17,
2020 shall remain in full force and effect.
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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 , 2021.
ATTEST: MONROE COUNTY BOARD OF COUNTY
KEVIN MADOK, CPA, CLERK COMMISSIONERS y
By: By:
Mayor
As Deputy Clerk
WITNESS: EMPLOYEE m
By: By:
[Print Name j Euridices Sarmiento
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EMPLOYMENT AGREEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
EURIDICES SARMIENTO
FOR POSITION OF
EXECUTIVE ASSISTANT TO COMMISSIONER EDWARD MARTINEZ
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 Euridices Sarmiento ("Employee").
WHEREAS, the position of Executive Assistant to County Commissioner
Edward("Eddie") Martinez, District 3, will become open as a result of the Commissioner's
election when he takes office on November 17, 2020; 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"); and
WHEREAS, Commissioner Martinez wishes to hire this candidate as his Executive
Assistant.
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NOW THEREFORE, in consideration of the mutual promises contained herein the
County and Employee set forth herein, it is mutually agreed as follows:
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1. EMPLOYMENT. Employee shall be employed by the County as executive
assistant to County Commissioner Edward Martinez("Commissioner"). The first date of
employment shall be November 17, 2020. The status of the Employee shall be a Contract
Employee as that term is defined in Section 2.03 of the Personnel Policies & Procedures Manual
("Manual").
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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 base salary in the amount of fifty-two thousand dollars and no
cents ($52,000.00) ("Base Pay"). The Employee will 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.
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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.
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 y
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, except that at the conclusion of
employment, the Employee may either elect to receive a payout of annual or sick leave or
compensatory time on the books, or may choose to use existing annual or sick leave or
compensatory time to extend the last date of employment beyond the term of office of the
Commissioner, but only up to a maximum of four(4) weeks' of employment. 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
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Employee.
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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.
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8. OTHER TERMS AND CONDITIONS.
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")
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 y
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 0)
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 e
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.
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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.
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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 lea t -eto have set their hands and seals, in the
County of Monroe, Florida,this
ay of # .r. r 2020.
On behalf of Monroe County, Florida
Digitally signed by Roman Gastesi
DN.cn Roman Gastesi,o=Monroe County BOCC,
Roman Gastesi ou=County Admininstrator,email=ballard
lindsey@ —nty-flgov,-US
Y" Date:202012 02 08:49:24-05'00'
Mayor
WITNESS: Employee
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[Print Name:] lridices 4rnieoto
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Approved as to form and content:
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Monroe County Attorney's Office
Digitally signed by Cynthia L.Hall E
DN:cn=Cynthia L.Hall,o=Monroe
County BOCC,on,email=hall-
cynthia@monroecounty-fl.gov,
=US
Date:2020.12.02 13:14:17-05'00'
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N.6.b
Exhibit A
MONROE COUNTY
DA
Job Description
To perform this job successfully, an individual must be able to perform the essential job functions satisfactorily.
Reasonable accommodations may be made to enable individuals with disabilities to perform the primary job functions
herein described. Since every duty associated with this position may not be described herein, employees may be
required to perform duties not specifically spelled out in the job description, but which may be reasonably considered
to be incidental in the performing of their duties just as though they were actually written out in this job description.
Job Title: Executive Assistant u
Department: BOCC
Pay Grade: 307 —
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FLSA Status: Non-exempt
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JOB SUMMARY
The primary function of this position is to perform specialized office and administrative work
within the department.
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ESSENTIAL JOB FUNCTIONS
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• Compiles and coordinates BOCC agenda items.
• Assists in budget preparation and monitoring expenditures. —
• Composes correspondence for review and signature.
• Schedules appointments and make travel arrangements for department personnel.
• Maintains paper and electronic files, copies, scans documents; composes and responds to
emails; and transcribes minutes.
• Keeps track of Commissioner calendar and conference room calendars. E
• Processes invoices, purchase orders, and requests to purchase.
• Answers telephone and greets public.
• Distributes mail to other individuals in the Office.
• Maintains office stock supplies.
• Researches and develops material.
• Acts as liaison with local government officials, municipalities, local agencies, and State and
Federal government legislators and agency representatives on behalf of Commissioner.
• Performs other related job duties as assigned.
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QUALIFICATIONS
Education and Experience:
Vocational or Technical School. 3 years minimum of prior related work experience.
Special Qualifications:
None.
Knowledge, Skills and Abilities:
• Ability to work from a general outline of duties and responsibilities.
• Ability to perform entry-level professional work including basic data analysis and
synthesis, report creation, process performance, and regulatory or compliance activities.
• Knowledge of statistics, operations analysis, or forecasting.
• Ability to determine problems and create individual solutions for issue.
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• Ability to work with more than ten coworkers who mostly engage in the same activities. 0)
PHYSICAL DEMANDS
The work is light and requires exerting up to 20 pounds of force occasionally, and/or up to 10
pounds of force to move objects. Additionally,the following physical abilities are required:
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• Feeling: Perceiving attributes of objects, such as size, shape, temperature or texture by
touching with skin, particularly that of fingertips.
• Hearing: Perceiving the nature of sounds at normal speaking levels with or without �--
correction. Ability to receive detailed information through oral communication, and to
make the discrimination in sound.
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• Mental Acuity: Ability to make rational decisions through sound logic and deductive
processes.
• Repetitive Motion: Substantial movements (motions) of the wrist, hands, and/or fingers. 2
• Speaking: Expressing or exchanging ideas by means of the spoken word including the
ability to convey detailed or important spoken instructions to other workers accurately
and concisely.
• Talking: Expressing or exchanging ideas by means of the spoken word including those E
activities in which they must convey detailed or important spoken instructions to other
workers accurately, loudly, or quickly.
• Visual Acuity: Have close visual acuity to perform an activity such as: preparing and
analyzing data and figures; transcribing; viewing a computer terminal; and/or extensive
reading.
WORK ENVIRONMENT
Work is performed in a safe and secure work environment that may periodically have
unpredicted requirements or demands.
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Monroe County has the right to revise this job description at any time. This
description does not represent in any way a contract of employment.
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Employ natu Date
Supervisor Directors re Date
Bryan Cook Digitally signed by Bryan Cook 1
Date:2020.12.02 2:06:28
-05'00'
Director of Employee Services Signature Date
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E.O.E. Monroe County does not discriminate on the basis of race, color, national origin, gender, religion, age,
disability or military service in employment or the provision of services. E
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