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Item F5 I�`� County of Monroe �y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 `_ll Mayor Pro Tem David Rice,District 4 -re Florida.Keys ��� � � Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: F.5 Agenda Item Summary #3360 REVISED AC IJ : Replaced Executive Director contract with revised version. BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180 9:15 A.M. Land Authority AGENDA ITEM WORDING: Approval of an employment agreement with Christine Hurley as Executive Director. ITEM BACKGROUND: Executive Director Charles Pattison will be retiring when his employment agreement expires on October 4, 2021. The proposed four-year employment agreement with Ms. Hurley commences on August 22, 2021, expires on October 4, 2025, and includes an approximately six-week overlap period from August 22, 2021 to October 4, 2021. The agreement provides for a salary of $164,765.92 per year, plus benefits and any merit/COLA. The agreement calls for the annual and sick leave time Ms. Hurley accrued during her employment with the County to be transferred to the Land Authority. ADVISORY COMMITTEE ACTION: N/A PREVIOUS RELEVANT GOVERNING BOARD ACTION: On May 19, 2021 the Board selected Ms. Hurley to be the next Executive Director of the Land Authority and directed Land Authority Counsel and the County Attorney to negotiate an employment agreement for consideration by the Board. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Pleasure of the Board DOCUMENTATION: HURLEY MCLA ED Contract 2021 Revised Redline of MCLA ED job description showing revisions FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Mark Rosch Completed 06/02/2021 12:16 PM Charles Pattison Completed 06/02/2021 12:21 PM Bob Shillinger Skipped 06/02/2021 2:46 PM Liz Yongue Completed 06/02/2021 2:59 PM Board of County Commissioners Pending 06/16/2021 9:00 AM EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY LAND AUTHORITY, FLORIDA,AND CHRISTINE HURLEY FOR POSITION OF EXECUTIVE DIRECTOR OF THE MONROE COUNTY LAND AUTHORITY THIS AGREEMENT is entered into this 16th day of June, 2021, by and between Monroe County Land Authority (Authority), Florida, a dependent district of Monroe County, whose main business address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, and Christine Hurley ("Executive Director"), whose present residence address is 1506 South Street, Key West, Florida, 33040. IN CONSIDERATION of the covenants and promises contained herein, the PARTIES hereby agree as follows: 1. EMPLOYMENT. Commencing the 22nd day of August 2021, at 12:00 a.m. the Authority hereby employs, engages, and hires Christine Hurley as the Executive Director for the Monroe County Land Authority, Florida (hereinafter"Executive Director"). 2. FULL-TIME EMPLOYMENT. Authority and Executive Director agree that the position of will be a full-time salaried position. Work hours performed, annual leave, personal leave, and sick leave hours taken will be documented on a form or forms to be provided by the Land Authority. 3. DUTIES OF EXECUTIVE DIRECTOR. A. Executive Director will perform the duties as provided for in Exhibit A, Job Description, as may be amended from time to time. B. Additionally, Executive Director shall perform those duties, functions, and assignments which may from time to time be directed by the Monroe County Land Authority Board of Governors. C. Executive Director agrees she will always, faithfully, industriously, and to the best of her ability, experience, and talents, and in accordance with the code of ethics contained in the Monroe County Personnel Policies and Procedures Manual, perform all of the duties that may be required of her pursuant to the terms hereof. D. Executive Director understands and agrees her duties under this Agreement may require her to routinely work varied hours more than the normal workday, and the hours worked shall be consistent with the needs of the position. Executive Director will devote all her time, attention, knowledge, and skills during working hours solely to the Land Authority matters, and Employee shall not engage in the private practice sector. Work reflective of County coordination and County needs is acceptable. E. Nothing in this Agreement will limit the Executive Director's right to make passive financial investments; to participate in charitable service or work with charitable organizations and other community activities, including trade and professional organizations; or to undertake other activities which do not interfere with the performance of the Executive Director duties under this Agreement, it being mutually agreed that the Executive Director's participation in such activities is of such benefit to the Authority and the County. Page 1 of 7 4. TERM OF AGREEMENT: TERMINATION OF AGREEMENT BY NORMAL EXPIRATION; FOR CAUSE; WITHOUT CAUSE. A. Normal Term of Agreement. The normal term of this agreement shall be for a period of forty- eight(48) months, commencing at 12:00 A.M. on the 22"d day of August, 2021, and ending at 11:59. p.m. on the 4th day of October, 2025. The Parties acknowledge there will be an "overlap" period between Executive Director as defined in this Agreement and Charles Pattison, the current executive director of the Authority from August 22, 2021 through October 4, 2021. During the overlap period, Charles Pattison will have full authority to make decisions as Executive Director. B. Extension of Normal Term. This Agreement may be renewed by both parties' consent, in writing. C. Termination of Agreement by Normal Expiration. This Agreement shall terminate upon its normal expiration date. All accrued annual leave and sick leave, not yet taken by Executive Director shall be paid within twenty (20) days of such termination. D. Termination of Agreement, by Authority, for Cause. A majority of three (3) Authority members may terminate the Executive Director for cause, as set forth in Section 9 of the Monroe County Personnel Policies and Procedures Manuel and in accordance with the procedures set forth in the in the County Administration Law of 1974, also known as Part III of Chapter 125, Florida Statutes, as amended. All accrued annual leave and sick leave, not yet taken by her, shall be paid within twenty (20) days of such termination. Notwithstanding the foregoing, in the event of a termination pursuant to this subsection is a result of the Executive Directors conviction of a criminal act, accrued annual leave and sick leave shall not be paid to Executive Director. E. Termination without Cause. A majority of three (3) Authority members may terminate the Executive Director anytime, without cause, by enactment of a resolution at any regularly convened Authority meeting in accordance with the procedures set forth in the in the County Administration Law of 1974, also known as Part III of Chapter 125,Florida Statutes, as amended. All accrued annual leave and sick leave, not yet taken by her, shall be paid within twenty (20) days of such termination. Health insurance premiums shall be paid for three months following termination without Cause. Upon adoption of said resolution, the Authority shall cause to be paid to the Executive Director, salary for twenty (20)weeks. F. Termination of Agreement by Resignation. The employee may resign from the position of Executive Director at any time by providing the Chairman of the Authority sixty (60) days written notice. All accrued annual leave and sick leave, not yet taken by her, shall be paid within twenty (20) days of such termination. G. Abolishment of Position of Executive Director. If the Authority takes such action as to lawfully abolish the position of Executive Director during the term of this Agreement, Page 2 of 7 the abolishment of the position, for the purposes of this Agreement, shall be deemed to be a termination without cause and the provision under that subsection shall apply. 5. COMPENSATION. The Authority shall pay Executive Director, and Executive Director shall accept from the Authority, in full payment for Employee's services hereunder, compensation as follows: A. Salary. As partial consideration for the agreements and services to be performed by the Executive Director, for the benefit of the Authority, as contained elsewhere in this Agreement, the Authority will pay to the Executive Director an annual salary of $164,765.92. The salary shall be paid in installments at the same time and in the same manner as other County employees are paid and will be subject to all legally required deductions. Currently, payments are paid in equal biweekly installments (26 pay periods per annum). The salary shall be increased thereafter according to the County policy of annual cost-of-living and merit increases provided to other County employees, based on annual performance reviews to be conducted by the Chairman of the Authority. The Chairman shall make the results of said evaluation known to all Authority members. B. Benefits and Equipment. As partial consideration for the agreements and services to be performed by the executive director,for the benefit of the authority, as contained elsewhere in this agreement, the Authority will provide: i. All benefits and services received by Monroe County non-union employees, unless otherwise outlined herein, including but not limited to Social Security benefits, health, medical, dental, vision, and life insurance, as may be changed, amended, deleted, or added to from time to time. The Authority shall pay the premiums required for single coverage for the Executive Director, and the Executive Director shall be responsible for the premiums required for dependent coverage. The Executive Directors date of employment for the purposes of benefits shall be the date the Executive Director started employment with the County and all accrued benefits earned during Executive Director's employment with the County plus those accrued during the term of this Contract shall be borne by the Authority. ii. All holidays as the County's non-union employees receive. iii. Travel expense reimbursement for Authority business, educational reimbursement (tuition, costs, travel expense) associated with professional education programs related to her duties as Executive Director, including but not limited to, American Planning Association, American institute of Certified Planners, and all relevant real estate association membership fees. iv. A cell phone with and monthly service with unlimited data and a hot spot, and a laptop computer with three screens of the Executive Director's choice. The costs of acquisition, use, upgrade, and other expenses related to the supplying and use of the cell phone and laptop computer shall be paid for by the Authority. Page 3 of 7 V. All benefits of other employment-related benefits as are available to other non- union County employees. vi. Maintenance and long-term replacement of vehicle, consistent with County Program, provided to Executive Director pursuant to the interlocal agreement to be executed between the Monroe County BOCC and the Authority. Executive Director may drive vehicle back and forth from home to work and may transport consultants, potential sellers, real estate professionals and others doing business with the Land Authority. The Executive Director shall not use vehicle for personal/private use. C. Annual Leave. Annual leave for Executive Director will be the maximum earned for non- union employees, which is currently 7 hours per bi-weekly pay period (22.75 days per year). Executive Director may accumulate annual leave without limit and no unused annual leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. All annual leave Executive Director accrued while employed with the County shall be paid by the Land Authority as part of the Executive Director compensation package. D. Sick Leave. Sick leave for Executive Director will be earned and credited with sick leave at a rate per month equal to the highest rate earned by any other employee or officer of the BOCC. The Executive Director may accumulate sick leave without limit and no unused sick leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. Additionally, the Executive Director shall have the option of j oining and receiving the benefits of the Monroe County Sick Leave Pool in accordance with the policies and procedures that are applicable and in effect. All sick leave Executive Director accrued while employed with the County shall be paid by the Land Authority as part of the Executive Director compensation package. E. Florida Retirement System. The Authority agrees that the position of Executive Director will be a position classified as, and eligible for the benefits provided under, the Senior Management Service Class, in accordance with Section 121.055, Florida Statutes. The Authority will contribute such amounts at such times as is required by the Florida Retirement System law, and any other applicable law or statute. 6. OFFICE SPACE; OFFICE STAFF; AND SUPPORTING SERVICES. A. Office Space. The Authority will provide office space for the Executive Director at the Harvey Government Center, 1200 Truman Avenue, Suite 207, Key West,Florida, and this space will be the primary office for the Land Authority. Other office space, as needed, shall be provided by the Board of County Commissioners to the Authority to support the Authority directed programs at locations throughout the County. B. Staff. The Authority shall appropriate funds as may be required to employ such administrative personnel, as needed to maintain the Authority and programs directed by the Authority, including purchasing agents, administrative staff, land restoration agents, etc. Page 4 of 7 C. Supporting Services. The Authority shall provide, from Authority funds, utilities, telephone services, facsimile services, custodial services, books, library, postage, office supplies, photocopy equipment, scanners, furniture, office equipment, computer hardware and software, electronic research and e-mail services, world wide web and internet access, books and subscriptions, periodicals, county web-page presence and server access and storage space, and other similar materials for the proper, productive, and efficient operation of the Land Authority. 7. INDEMNIFICATION AND COOPERATION. A. Indemnification. The Authority agrees to defend, hold harmless, and indemnify the Executive Director against any tort, professional liability, or other legal demand, claim, or action which is related directly or indirectly to the Executive Director's action in her capacity as Executive Director, so long as such claim does not arise out of the gross negligence of Executive Director. B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings involved the Authority,which arises out of an action or actions which occurred or are alleged to have occurred while the Executive Director was acting in the capacity of Executive Director, the Executive Director will cooperate with the Authority and its counsel in defending and resolving the litigation or proceeding. In such regard, the Authority agrees to pay the Executive Director's reasonable travel and subsistence expenses incurred in cooperating with the Authority and its counsel, including preparation for and actual discovery, settlement, and trial and hearing of such matters. i. The Executive Director agrees that, unless required by law, she will not cooperate with or assist any party, person, or entity who has, had, or may have, or asserts that he or she or it has or may have any claim of any nature against the Authority, its agents, officers, or employees,unless the Authority or its authorized agent expressly consents in writing to waive this provision of this Agreement. ii. The Executive Director will not disclose to any person, party, or entity any confidential, proprietary, time-sensitive, or non-public information relating to the Authority, the County, and its operations unless required by law to do so. iii. The restrictions, prohibitions, and conditions set forth in Section 8.13(i) and(ii)will not be applicable in instances where one or more governmental entities with jurisdiction over a claim or a violation of law are involved. 8. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made in the State of Florida and will be governed by Florida law. The prevailing party in any litigation, arbitration, or mediation relating to this Agreement will be entitled to recover its reasonable expenses and attorneys' fees from the other party for all matters, including but not limited to, appeals. Monroe County, Florida will be the proper venue for any litigation involving this Agreement. Page 5 of 7 9. FORM OF AGREEMENT. This is the entire agreement between the Authority and the Executive Director may not be modified or amended except by a written document signed by the party against whom the enforcement is sought. This Agreement may be signed in more than one counterpart, in which case each counterpart will constitute and 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. 10. OTHER TERMS AND CONDITIONS. A. 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. B. The waiver by either the Authority or the Executive Director 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. C. This Agreement shall be binding upon and shall inure to the benefit of the heirs or estate of the Executive Director. D. Should the Executive Director die during the term of this Agreement, the obligations of the Authority under this Agreement shall immediately terminate except for payment of accrued and unused leave balances to the Executive Director's designated beneficiaries of her estate; payment of all outstanding hospitalization, medical, dental, and vision bills in accordance with the County's plans, policies, and procedures; and payment of all life insurance benefits in accordance with the terms of the County's insurance policies or plans. E. The Authority and Executive Director acknowledge that each has shared equally in the drafting and preparation 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. F. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. It is further agreed that there are no commitments, agreements, 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. The text herein constitutes the entire agreement between the Authority and the Executive Page 6 of 7 Director, and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. G. The rights and obligations of this Agreement are personal to the Executive Director and cannot be assigned, transferred, or otherwise impaired by the Executive Director. WHEREFORE,the parties hereto have signed and sealed this agreement on the date first above written. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY CHAIRMAN: By: Print David P. Rice, Chairman Sign Witness as to Chairman EMPLOYEE: By: Print Christine Hurley Sign Witness as to Employee APPROVED FOR LEGAL SUFFICIENCY: By: Gregory S. Oropeza, Esq. Page 7 of 7 Exhibit A MONROE COUNTY t + 111 t�� . ,tt.M1 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: Land Authority Executive Director Department: Land Authority Pay Grade: FLSA Status: Exempt JOB SUMMARY This position has overall responsibility for the daily operations of the Monroe County Comprehensive Plan Land Authority, a land authority created pursuant to s. 380.0663, FS, and Monroe County Ordinance 31-1986. The Land Authority is a dependent component unit of Monroe County government that acquires property for environmental protection, affordable housing, recreational facilities, and the protection of private property rights. The Land Authority was created to assist in the implementation of local government land use plans and to serve as an intermediary between private property owners and the agencies that regulate land use. The Monroe County Commission serves as the Land Authority Governing Board. ESSENTIAL JOB FUNCTIONS • Oversee the Land Authority's acquisition and disposition of real property and oversee activities of the Land Authority and County conservation lands. • Oversee the County Less than Fee Program, purchasing development rights from property owners who own 2 or more adjacent lots to retire the potential development rights on the adjacent parcel(s). • Oversee the Resale of Density Reduction lots, after development rights on the parcels are removed,to eliminate request for ROGO unit. • Oversee Community Development Block Grant—Disaster Recovery Voluntary Home Buyout Program. • Oversee Hazard Mitigation Grant Program Acquisitions Program • Lobbying State Departments for increased funding for acquisitions in the Florida Keys, as well as coordination with them, including acting as agent to buy and bundle land for their purchase. Land Authority Executive Director Page 2 • Prepare agendas for and attend meetings of the Land Authority Advisory Committee and Governing Board. • Implement the directives and policies of the Land Authority Advisory Committee and Governing Board. • Assist the Land Authority Advisory Committee and Governing Board in formulating policy through the provision of information, agenda materials, and professional advice. • Prepare and present to the Land Authority Governing Board an annual budget. • Maintain fiscal records, legal records,authorize payments,and oversee the disbursement of funds. • Responsible for decision making and administration of specific personnel issues. • Serve as the Land Authority's liaison to federal, state, local government, and non-profit organizations. • Work with Real Estate Professionals to further the Land Authority mission. • Oversee stewardship activities on Land Authority and County conservation lands and assist County will restoration activities • Performs other related job duties as assigned. QUALIFICATIONS Education and Experience: Master's degree Preferred. The combination of a bachelor's degree and experience may substitute for the formal education requirement. 5 to 7 years minimum prior related work experience. Special Qualifications: American Institute of Certified Planners (AICP) preferred. Knowledge, Skills and Abilities: Knowledge of: Growth Management, Real Estate, Areas of Critical State Concern, negotiations, public policy development, legislative process, and ethics. PHYSICAL DEMANDS The work sedentary work, which includes 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. Additionally, the following physical abilities are required: • Hearing 1: 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. • Mental Acuity: Ability to make rational decisions through sound logic and deductive processes. • 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. Monroe County,FL Land Authority Executive Director Updated:5/4/2021 Land Authority Executive Director Page 3 • Talking 1: Expressing or exchanging ideas by means of the spoken word including those activities in which they must convey detailed or important spoken instructions to other workers accurately, loudly, or quickly. • Visual Acuity 1: 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. • Walking: Moving about on foot to accomplish tasks, particularly for long distances or moving from one work site to another. WORK ENVIRONMENT Work is performed in a dynamic environment that requires me to be sensitive to change and responsive to changing goals, priorities, and needs. 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. Employee Signature Date Supervisor(Division Director) Signature Date Director of Human Resources Signature Date 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. Monroe County,FL Land Authority Executive Director Updated:5/4/2021 F.5 `, County of Monroe y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `ll Mayor Pro Tem David Rice,District 4 -re Florida.Keys ��� � � Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: F.5 Agenda Item Summary #3360 BULK ITEM: No DEPARTMENT: Land Authority Governing Board TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180 9:15 A.M. Land Authority AGENDA ITEM WORDING: Approval of an employment agreement with Christine Hurley as Executive Director. ITEM BACKGROUND: Executive Director Charles Pattison will be retiring when his employment agreement expires on October 4, 2021. The proposed four-year employment agreement with Ms. Hurley commences on August 22, 2021, expires on October 4, 2025, and includes an approximately six-week overlap period from August 22, 2021 to October 4, 2021. The agreement provides for a salary of $164,765.92 per year, plus benefits and any merit/COLA. The agreement calls for the annual and sick leave time Ms. Hurley accrued during her employment with the County to be transferred to the Land Authority. ADVISORY COMMITTEE ACTION: N/A PREVIOUS RELEVANT GOVERNING BOARD ACTION: On May 19, 2021 the Board selected Ms. Hurley to be the next Executive Director of the Land Authority and directed Land Authority Counsel and the County Attorney to negotiate an employment agreement for consideration by the Board. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Pleasure of the Board DOCUMENTATION: HURLEY MCLA ED Contract 2021 Redline of MCLA ED job description showing revisions FINANCIAL IMPACT: Packet Pg.940 F.5 Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Mark Rosch Completed 06/02/2021 12:16 PM Charles Pattison Completed 06/02/2021 12:21 PM Bob Shillinger Skipped 06/02/2021 2:46 PM Liz Yongue Completed 06/02/2021 2:59 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg.941 F.5.a EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY LAND AUTHORITY, FLORIDA,AND CHRISTINE HURLEY FOR POSITION OF EXECUTIVE DIRECTOR OF THE MONROE COUNTY LAND AUTHORITY THIS AGREEMENT is entered into this 16th day of June, 2021, by and between Monroe County Land Authority (Authority), Florida, a dependent district of Monroe County, whose main business address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, and Christine Hurley ("Executive Director"), whose present residence address is 1506 South Street, Key West, w Florida, 33040. IN CONSIDERATION of the covenants and promises contained herein, the PARTIES hereby agree as follows: _ 1. EMPLOYMENT. Commencing the 22nd day of August 2021, at 12:00 a.m. the Authority hereby employs, engages, and hires Christine Hurley as the Executive Director for the Monroe County Land Authority, Florida (hereinafter"Executive Director"). 2. FULL-TIME EMPLOYMENT. Authority and Executive Director agree that the position of will be a full-time salaried position. Work hours performed, annual leave, personal leave, and sick E leave hours taken will be documented on a form or forms to be provided by the Land Authority. 2 3. DUTIES OF EXECUTIVE DIRECTOR. m A. Executive Director will perform the duties as provided for in Exhibit A, Job Description, as may be amended from time to time. E B. Additionally, Executive Director shall perform those duties, functions, and assignments which may from time to time be directed by the Monroe County Land Authority Board of 0 Governors. C. Executive Director agrees she will always, faithfully, industriously, and to the best of her ability, experience, and talents, and in accordance with the code of ethics contained in the Monroe County Personnel Policies and Procedures Manual, perform all of the duties that may be required of her pursuant to the terms hereof. D. Executive Director understands and agrees her duties under this Agreement may require her to routinely work varied hours more than the normal workday, and the hours worked 2 shall be consistent with the needs of the position. Executive Director will devote all her time, attention, knowledge, and skills during working hours solely to the Land Authority matters, and Employee shall not engage in the private practice sector. Work reflective of County coordination and County needs is acceptable. E. Nothing in this Agreement will limit the Executive Director's right to make passive financial investments; to participate in charitable service or work with charitable �- organizations and other community activities, including trade and professional organizations; or to undertake other activities which do not interfere with the performance of the Executive Director duties under this Agreement, it being mutually agreed that the s Executive Director's participation in such activities is of such benefit to the Authority and the County. Page 1 of 7 Packet Pg.942 F.5.a 4. TERM OF AGREEMENT: TERMINATION OF AGREEMENT BY NORMAL EXPIRATION; FOR CAUSE; WITHOUT CAUSE. 0 A. Normal Term of Agreement. The normal term of this agreement shall be for a period of forty- eight(48) months, commencing at 12:00 A.M. on the 22"d day of August, 2021, and ending at 11:59. p.m. on the 4th day of October, 2025. The Parties acknowledge there will be an "overlap" period between Executive Director as defined in this Agreement and Charles Pattison, the current executive director of the Authority from August 22, 2021 w through October 4, 2021. During the overlap period, Charles Pattison will have full authority to make decisions as Executive Director. B. Extension of Normal Term. This Agreement may be renewed by both parties' consent, in writing. C. Termination of Agreement by Normal Expiration. This Agreement shall terminate upon its normal expiration date. All accrued annual leave and sick leave, not yet taken by Executive Director shall be paid within twenty (20) days of such termination. a� D. Termination of Agreement, by Authority, for Cause. A majority of three (3) Authority members may terminate the Executive Director for cause, as set forth in Section 9 of the Monroe County Personnel Policies and Procedures Manuel and in accordance with the procedures set forth in the in the County Administration Law of 1974, also known as Part E III of Chapter 125, Florida Statutes, as amended. All accrued annual leave and sick leave, not yet taken by her, shall be paid within twenty (20) days of such termination. a. E E. Termination without Cause. A majority of three (3) Authority members may terminate the Executive Director anytime, without cause, by enactment of a resolution at any 0 regularly convened Authority meeting in accordance with the procedures set forth in the in the County Administration Law of 1974, also known as Part III of Chapter 125,Florida Statutes, as amended. All accrued annual leave and sick leave, not yet taken by her, shall < < be paid within twenty (20) days of such termination. Health insurance premiums shall be paid for three months following termination without Cause. Upon adoption of said resolution, the Authority shall cause to be paid to the Executive 2 Director, salary for twenty (20)weeks. 0 t� F. Termination of Agreement by Resignation. The employee may resign from the position of Executive Director at any time by providing the Chairman of the Authority sixty (60) days written notice. All accrued annual leave and sick leave, not yet taken by her, shall be paid within twenty (20) days of such termination. G. Abolishment of Position of Executive Director. If the Authority takes such action as to lawfully abolish the position of Executive Director during the term of this Agreement, the abolishment of the position, for the purposes of this Agreement, shall be deemed to a be a termination without cause and the provision under that subsection shall apply. Page 2 of 7 Packet Pg.943 F.5.a 5. COMPENSATION. The Authority shall pay Executive Director, and Executive Director shall accept from the Authority, in full payment for Employee's services hereunder, compensation as follows: A. Salary. As partial consideration for the agreements and services to be performed by the Executive Director, for the benefit of the Authority, as contained elsewhere in this Agreement, the Authority will pay to the Executive Director an annual salary of $164,765.92. The salary shall be paid in installments at the same time and in the same w manner as other County employees are paid and will be subject to all legally required deductions. Currently, payments are paid in equal biweekly installments (26 pay periods per annum). The salary shall be increased thereafter according to the County policy of annual cost-of-living and merit increases provided to other County employees, based on annual performance reviews to be conducted by the Chairman of the Authority. The Chairman shall make the results of said evaluation known to all Authority members. t� B. Benefits and Equipment. As partial consideration for the agreements and services to be performed by the executive director,for the benefit of the authority, as contained elsewhere in this agreement, the Authority will provide: E i. All benefits and services received by Monroe County non-union employees, unless CD C otherwise outlined herein, including but not limited to Social Security benefits, health, medical, dental, vision, and life insurance, as may be changed, amended, E deleted, or added to from time to time. The Authority shall pay the premiums required for single coverage for the Executive Director, and the Executive Director shall be responsible for the premiums required for dependent coverage. The Executive Directors date of employment for the purposes of benefits shall be the date the Executive Director started employment with the County and all accrued 0 benefits earned during Executive Director's employment with the County plus those accrued during the term of this Contract shall be borne by the Authority. ii. All holidays as the County's non-union employees receive. N iii. Travel expense reimbursement for Authority business, educational reimbursement (tuition, costs, travel expense) associated with professional education programs 2 related to her duties as Executive Director, including but not limited to, American 0 Planning Association, American institute of Certified Planners, and all relevant real estate association membership fees. w �t iv. A cell phone with and monthly service with unlimited data and a hot spot, and a laptop computer with three screens of the Executive Director's choice. The costs w of acquisition, use, upgrade, and other expenses related to the supplying and use of the cell phone and laptop computer shall be paid for by the Authority. s V. All benefits of other employment-related benefits as are available to other non- union County employees. Page 3 of 7 Packet Pg.944 F.5.a vi. Maintenance and long-term replacement of vehicle, consistent with County Program, provided to Executive Director pursuant to the interlocal agreement to be executed between the Monroe County BOCC and the Authority. Executive Director may drive vehicle back and forth from home to work and may transport consultants, potential sellers, real estate professionals and others doing business with the Land Authority. The Executive Director shall not use vehicle for personal/private use. X C. Annual Leave. Annual leave for Executive Director will be the maximum earned for non- union employees, which is currently 7 hours per bi-weekly pay period (22.75 days per year). Executive Director may accumulate annual leave without limit and no unused annual leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. All annual leave Executive Director accrued while employed with the County shall be paid by the Land Authority as part of the Executive Director compensation package. D. Sick Leave. Sick leave for Executive Director will be earned and credited with sick leave at a rate per month equal to the highest rate earned by any other employee or officer of the BOCC. The Executive Director may accumulate sick leave without limit and no unused sick leave shall be forfeited due to nonuse, any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. Additionally, the Executive Director shall have the option of j oining and receiving the benefits of the Monroe County Sick Leave E Pool in accordance with the policies and procedures that are applicable and in effect. All sick leave Executive Director accrued while employed with the County shall be paid by the Land Authority as part of the Executive Director compensation package. E. Florida Retirement System. The Authority agrees that the position of Executive Director 0 will be a position classified as, and eligible for the benefits provided under, the Senior Management Service Class, in accordance with Section 121.055, Florida Statutes. The Authority will contribute such amounts at such times as is required by the Florida Retirement System law, and any other applicable law or statute. T_ N CD 6. OFFICE SPACE; OFFICE STAFF; AND SUPPORTING SERVICES. A. Office Space. The Authority will provide office space for the Executive Director at the 0 Harvey Government Center, 1200 Truman Avenue, Suite 207, Key West,Florida, and this space will be the primary office for the Land Authority. Other office space, as needed, shall be provided by the Board of County Commissioners to the Authority to support the Authority directed programs at locations throughout the County. B. Staff. The Authority shall appropriate funds as may be required to employ such administrative personnel, as needed to maintain the Authority and programs directed by the s Authority, including purchasing agents, administrative staff, land restoration agents, etc. a� C. Supporting Services. The Authority shall provide, from Authority funds, utilities, telephone services, facsimile services, custodial services, books, library, postage, office �t Page 4 of 7 Packet Pg.945 F.5.a supplies, photocopy equipment, scanners, furniture, office equipment, computer hardware and software, electronic research and e-mail services, world wide web and internet access, books and subscriptions, periodicals, county web-page presence and server access and storage space, and other similar materials for the proper, productive, and efficient ' operation of the Land Authority. 7. INDEMNIFICATION AND COOPERATION. X A. Indemnification. The Authority agrees to defend, hold harmless, and indemnify the Executive Director against any tort, professional liability, or other legal demand, claim, or action which is related directly or indirectly to the Executive Director's action in her capacity as Executive Director, so long as such claim does not arise out of the gross negligence of Executive Director. B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings involved the Authority,which arises out of an action or actions which occurred or are alleged to have occurred while the Executive Director was acting in the capacity of Executive Director, the Executive Director will cooperate with the Authority and its counsel in defending and resolving the litigation or proceeding. In such regard, the Authority agrees to pay the Executive Director's reasonable travel and subsistence expenses incurred in cooperating with the Authority and its counsel, including preparation for and actual discovery, settlement, and trial and hearing of such matters. E c i. The Executive Director agrees that, unless required by law, she will not cooperate with or assist any party, person, or entity who has, had, or may have, or asserts that he or she or it has or may have any claim of any nature against the Authority, its agents, officers, or employees,unless the Authority or its authorized agent expressly 0 consents in writing to waive this provision of this Agreement. 2 ii. The Executive Director will not disclose to any person, party, or entity any < confidential, proprietary, time-sensitive, or non-public information relating to the Authority, the County, and its operations unless required by law to do so. iii. The restrictions, prohibitions, and conditions set forth in Section 8.13(i) and(ii)will not be applicable in instances where one or more governmental entities with 0 jurisdiction over a claim or a violation of law are involved. w 8. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made in the State of Florida and will be governed by Florida law. The prevailing party in any litigation, arbitration, or mediation relating to this Agreement will be entitled to recover its w reasonable expenses and attorneys' fees from the other party for all matters, including but not limited to, appeals. Monroe County, Florida will be the proper venue for any litigation involving s this Agreement. 9. FORM OF AGREEMENT. This is the entire agreement between the Authority and the Executive Director may not be modified or amended except by a written document signed by the �t Page 5 of 7 Packet Pg.946 F.5.a party against whom the enforcement is sought. This Agreement may be signed in more than one counterpart, in which case each counterpart will constitute and 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. 10. OTHER TERMS AND CONDITIONS. LU A. 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. B. The waiver by either the Authority or the Executive Director 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. E C. This Agreement shall be binding upon and shall inure to the benefit of the heirs or estate of the Executive Director. a� D. Should the Executive Director die during the term of this Agreement, the obligations of the Authority under this Agreement shall immediately terminate except for payment of accrued and unused leave balances to the Executive Director's designated beneficiaries of her estate; payment of all outstanding hospitalization, medical, dental, and vision bills in accordance with the County's plans, policies, and procedures; and payment of all life 0 insurance benefits in accordance with the terms of the County's insurance policies or plans. E. The Authority and Executive Director acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court or administrative N 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. 0 t� F. This Agreement incorporates and includes all prior negotiations, correspondence conversations, agreements, and understandings applicable to the matters contained herein. J It is further agreed that there are no commitments, agreements, or understandings 2 concerning the subject matter of this Agreement that are not contained herein, and no w 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. s The text herein constitutes the entire agreement between the Authority and the Executive Director, and this agreement cannot be amended except by a written document mutually W agreed to and executed with the same formalities as this Agreement. Page 6 of 7 Packet Pg.947 F.5.a G. The rights and obligations of this Agreement are personal to the Executive Director and cannot be assigned, transferred, or otherwise impaired by the Executive Director. WHEREFORE,the parties hereto have signed and sealed this agreement on the date first above written. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY CHAIRMAN: By: Print David P. Rice, Chairman Sign Witness as to Chairman EMPLOYEE: 0 0. By: Print Christine Hurley , 0 Sign Witness as to Employee 2 N APPROVED FOR LEGAL SUFFICIENCY: cCD „ By: Gregory S. Oropeza, Esq. LU LU Page 7 of 7 Packet Pg.948 F.5.a Exhibit A MONROE COUNTY .2 U 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: Land Authority Executive Director Department: Land Authority Pay Grade: E FLSA Status: Exempt JOB SUMMARY This position has overall responsibility for the daily operations of the Monroe County Comprehensive Plan Land Authority, a land authority created pursuant to s. 380.0663, FS, and Monroe County Ordinance 31-1986. The Land Authority is a dependent component unit of Monroe County government that acquires property for environmental protection, affordable c housing, recreational facilities, and the protection of private property rights. The Land Authority > 0 was created to assist in the implementation of local government land use plans and to serve as an intermediary between private property owners and the agencies that regulate land use. The Monroe County Commission serves as the Land Authority Governing Board. cv ESSENTIAL JOB FUNCTIONS 2 • Oversee the Land Authority's acquisition and disposition of real property and oversee activities of the Land Authority and County conservation lands. • Oversee the County Less than Fee Program, purchasing development rights from property owners who own 2 or more adjacent lots to retire the potential development rights on the adjacent parcel(s). • Oversee the Resale of Density Reduction lots, after development rights on the parcels are W removed,to eliminate request for ROGO unit. • Oversee Community Development Block Grant—Disaster Recovery Voluntary Home Buyout Program. • Oversee Hazard Mitigation Grant Program Acquisitions Program • Lobbying State Departments for increased funding for acquisitions in the Florida Keys, as well as coordination with them, including acting as agent to buy and bundle land for their purchase. Packet Pg.949 F.5.a Land Authority Executive Director Page 2 • Prepare agendas for and attend meetings of the Land Authority Advisory Committee and Governing Board. • Implement the directives and policies of the Land Authority Advisory Committee and Governing Board. • Assist the Land Authority Advisory Committee and Governing Board in formulating policy through the provision of information, agenda materials, and professional advice. • Prepare and present to the Land Authority Governing Board an annual budget. • Maintain fiscal records, legal records,authorize payments,and oversee the disbursement of funds. • Responsible for decision making and administration of specific personnel issues. • Serve as the Land Authority's liaison to federal, state, local government, and non-profit organizations. • Work with Real Estate Professionals to further the Land Authority mission. • Oversee stewardship activities on Land Authority and County conservation lands and assist County will restoration activities • Performs other related job duties as assigned. QUALIFICATIONS Education and Experience: Master's degree Preferred. The combination of a bachelor's degree and experience may E substitute for the formal education requirement. 5 to 7 years minimum prior related work experience. Special Qualifications: American Institute of Certified Planners (AICP) preferred. 2 Knowledge, Skills and Abilities: Knowledge of: Growth Management, Real Estate, Areas of Critical State Concern, negotiations, public policy development, legislative process, and ethics. cv cv PHYSICAL DEMANDS The work sedentary work, which includes 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. Additionally, the following physical abilities are required: • Hearing 1: Perceiving the nature of sounds at normal speaking levels with or without c, correction. Ability to receive detailed information through oral communication, and to make the discrimination in sound. • Mental Acuity: Ability to make rational decisions through sound logic and deductive processes. • 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. Monroe County,FL Land Authority Executive Director Updated:5/4/2021 Packet Pg.950 F.5.a Land Authority Executive Director Page 3 • Talking 1: Expressing or exchanging ideas by means of the spoken word including those activities in which they must convey detailed or important spoken instructions to other workers accurately, loudly, or quickly. • Visual Acuity 1: 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. • Walking: Moving about on foot to accomplish tasks, particularly for long distances or Lu moving from one work site to another. WORK ENVIRONMENT Work is performed in a dynamic environment that requires me to be sensitive to change and responsive to changing goals, priorities, and needs. 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. Employee Signature Date 0 Supervisor(Division Director) Signature Date 0 Director of Human Resources Signature Date 76 0 0. 0. 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. cv 0 0 CJ CJ m 0 Monroe County,FL Land Authority Executive Director Updated:5/4/2021 Packet Pg.951 x VAMONRO Err ,. � its 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. .lob Title: Land Authority Executive Director Department: Land Authority 0. Pay Grade: FLSA Status: Exempt O JOB SUMMARY This position has overall responsibility for the daily operations of the Monroe County Comprehensive Plan Land Authority, a land authority created pursuant to s. 380.0663, FS, and Monroe County Ordinance 31-1986. The Land Authority is a dependent component unit of y Monroe County government that acquires property for environmental protection, affordable housing,recreational facilities,and the protection of private property rights.The Land Authority .0 was created to assist in the implementation of local government land use plans and to serve as > an intermediary between private property owners and the agencies that regulate land use.The 2 Monroe County Commission serves as the Land Authority Governing Board. ESSENTIAL JOB FUNCTIONS O • Oversee the Land Authority's acquisition and disposition of real property and oversee (n activities of the Land Authority and County conservation lands. O * Oversee the Count Lass than Fee Pro-,,rarr arc;hasi .x develo rrient ri shts Fro:rr rc� erty owners who own 2'or more sect°ac:ent.lots to retire the ootential devel(Mrient ri skits : the � Lad c:enL arc:el(s * Oversee the Resale of Densit. Reduction lots after develo rrient rights on the s�rcels sire rerrioved to elirrain ate re €nest For R(2(-,O€rJL, O * Oversee(..ornrnunit Devek) rnent.Block Grant—Disaster Recover Vc lunttar l-lo y—Pq c.€at. * Oversee Hazard N`litu,atic:n Grant Pro.rsarn Acx€aisitimis Pro xrsarn • Lcoo i .x tote ter: sartrrae is Fc:r i cresasert F€a cti .x Fc:r sacc€aisitic: s i the Flc:rirtsa Ke s sas C) well as coordin atimi with therm incl€dim-1 saCtinx as sa reef to bull and bundle land for their s€are. O Packet Pg.952 x Land Authority Executive Director Page 2 � • Prepare agendas for and attend meetings of the Land Authority Advisory Committee and Governing Board. • Implement the directives and policies of the Land Authority Advisory Committee and Governing Board. tJ • Assist the Land Authority Advisory Committee and Governing Board in formulating policy through the provision of information,agenda materials,and professional advice. • Prepare and present to the Land Authority Governing Board an annual budget. • Maintain fiscal records,legal records,authorize payments,and oversee the disbursement of funds. • Responsible for decision making and administration of specific personnel issues. CD • Serve as the Land Authority's liaison to federal, state, local government, and non-profit organizations. • Work with Peal Estate Professionals to further the Land Authorit mission„ • Oversee stewardship activities on Land Authority and County conservation lands and assist fwount will restoration activities Deleted j -------- -------- -------- -------- --------- s • Performs other related job duties as assigned.'' QUALIFICATIONS Education and Experience: Master's degree required.The combination of a bachelor's degree and experience may > substitute for the formal education requirement. 5 to 7 years minimum prior related work experience. Special Qualifications: (n r_ O Knowledge,Skills and Abilities: > 2 CD PHYSICAL DEMANDS O The work sedentary work,which includes exerting up to 10 pounds of force occasionally and/or y negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects,including the human body. Additionally,the following physical abilities are required: • Hearing 1: Perceiving the nature of sounds at normal speaking levels with or without y correction. Ability to receive detailed information through oral communication, and to make the discrimination in sound. • Mental Acuity: Ability to make rational decisions through sound logic and deductive processes. • 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. O Monroe County,FL Land Authority Executive Director Updated:5/4/2021 U Packet Pg.953 x Land Authority Executive Director Page 3 � • Talking 1: Expressing or exchanging ideas by means of the spoken word including those activities in which they must convey detailed or important spoken instructions to other n workers accurately,loudly,or quickly. • Visual Acuity 1: 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. • Walking: Moving about on foot to accomplish tasks, particularly for long distances or moving from one work site to another. WORK ENVIRONMENT CD Work is performed in a dynamic environment that requires me to be sensitive to change and cB responsive to changing goals,priorities,and needs. 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. 0. Employee Signature Date O Supervisor(Division Director)Signature Date Director of Human Resources Signature Date N O 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. CD O O i U O J L) O Monroe County,FL Land Authority Executive Director Updated:5/4/2021 U Packet Pg.954