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05/18/2022 Employment Agreement EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND ARABI LUKE FOR POSITION OF EXECUTIVE ASSISTANT TO COMMISSIONER JAMES SCHOLL 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 Arabi Luke ("Employee"). WHEREAS, the position of Executive Assistant to Commissioner James Scholl, District 3, will become open as a result of the Commissioner's recent appointment; 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 Scholl wishes to hire this candidate as his Executive Assistant. NOW THEREFORE, in consideration of the mutual promises contained herein the County and Employee set forth herein, it is mutually agreed as follows: I. EMPLOYMENT. Employee shall be employed by the County as executive assistant to Commissioner James Scholl ("Commissioner"). The first date of employment shall be May 18, 2022. 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"). 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 sixty-eight thousand dollars and no cents ($68,000.00) ("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. 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. - I - 5. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL RELEASE. The Employee understands that the appointment is a relationship that is highly dependent upon the personal and confidential relationship between the Employee and the Commissioner. In entering into this Agreement, the Employee therefore understands that he or she serves at the pleasure of the Commissioner; that there is no set term to this Agreement; and that the Employee can be terminated at any time upon twenty-four hours written notice by the Commissioner, with or without cause, but that in any event the Agreement will terminate when the Commissioner leaves office, except that(a) 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, and (b) in the event that the current Commissioner leaves office mid-term, the Employee may, subject to the consent of the Employee, be designated to remain the position by the County Administrator for an indefinite period of time but not to exceed the time when the position of Executive Assistant for the successor Commissioner begins 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 the County has no obligation to place the Employee in another position, and specifically has no obligation to place the Employee in a position of equivalent or comparable salary, grade, or benefits. In entering into this Agreement, the Employee therefore specifically waives the right to utilize the grievance procedure set forth in Sections 9 and 10 of the Manual; House Bill No. 2658, Chapter 69-1321, the Monroe County Career Service Council; as well as any rights to which a Monroe County employee would otherwise be entitled under Chapter 447, Florida Statutes. As used in this paragraph, the term "for cause" will mean (a) dishonesty with respect to the business and operation of the County; (b) confirmed violation of the County's drug policy; (c)refusal to cooperate in an investigation regarding any aspect of the business or operation of the County, including but not limited to an investigation which is conducted by or at the express direction of the BOCC; (d) conviction of a crime which is classified as a felony or a crime involving moral turpitude; (e) gross neglect or willful and intentional misconduct; (f) conviction of a crime; (g) violation of a provision of the Monroe County Code; or(h)breach of any material term or condition of this Agreement by the Employee. 6. ATTORNEYS' FEES AND COSTS. In the event of any litigation initiated by either party, the prevailing party shall receive reasonable attorneys' fees, costs of litigation, and related expenses, both at the trial and appellate levels. 7. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This Agreement is made in the State of Florida and will be governed by Florida law. This Agreement may be signed in more than one counterpart, in which case each counterpart will constitute an original of this Agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular will include the plural, the plural will include the singular, and pronouns will be read as masculine, feminine, or neuter as the context requires. Monroe County, Florida will be the proper venue for any litigation involving this Agreement. This Agreement is not subject to arbitration. - 2 - 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 remaining terms, conditions, and portions shall remain in full force and effect as if originally agreed to without the term, condition, or portion that has been determined to be unconstitutional, illegal, invalid or unenforceable. C. The waiver by either the County or the Employee of a breach or violation of any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach or violation by the other parry. D. The County and Employee acknowledge that each has shared equally in the review of this Agreement and, accordingly, no court or administrative hearing officer shall construe any provision of this Agreement more strictly against one party over the other party, and every term, condition, covenant, and provision of this Agreement shall be construed simply according to its 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. E. This Agreement incorporates and supersedes all prior negotiations, correspondence, conversations, agreements, and/or understandings applicable to the matters contained herein. It is further agreed that there are no commitments, agreements, inducements, or understandings concerning the subject matter of this Agreement that are not contained herein, and no deviation from the terms hereof shall be predicated upon any prior representations, offers, promises, inducements, or agreements, whether oral or written, and by whomever made. F. The text herein constitutes the entire agreement between the Employee and the County, and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. The rights and obligations of this Agreement are personal to the Employee and cannot be assigned or transferred. - 3 - fN 4k, tl'N"TSS \VI WR I A)I �nfftjp:S I K'0,10 k�I�U ,CI[ jjj&,Ij I' fu l I (11, 011d ',4'M I;, Ill nh C I Sth May 0 or Njolimc� County, Hofk't� 1p IN 1"S S i p"c it kv, 'f'l...... Nmnc: Appimed fol I'M'M Mid 101^,d SUffiCRIK)" by Gounl�' Auorncly's 011kc: Digitally signed by Cynthia L.Hall DN c—Cynthia L.Hall,—Monroe County ' ' BOCC, u e ail—hall- cynthia@�.n,oe�ounty-fl.gov, —us Date-2022.05.17 14 2b-28-07'00' Exhibit A IIAO 14UR, 0 E 0 U NTY , � ^ 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 Department: BOCC Pay Grade: 307 FLSA Status: Non-exempt JOB SUMMARY The primary function of this position is to perform specialized office and administrative work within the department. ESSENTIAL JOB FUNCTIONS • 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. • 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. - 5 - 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. • Ability to work with more than ten coworkers who mostly engage in the same activities. 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: • 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. • 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. • 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 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. - 6 - Monroc 6"Purity has the ogtit to revise this job (if, tiny tirpm,r, rMs, ties cript iori noes not repre,�,scnt in any woy a contract of w�niylownerat, �urrpr y W, Sigmimmir", 05.18.2022 Digilally ign,l by Bryan Cook Bryan Cook ate 2022.05.18 15 26 59 �04.001 ()ver m E`,0 1, county does nm dm:rompulk, cm the bow, of uxc,� rl"Por, i'mWary 7