Item O5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17, 2008 Division: County Administrator
Bulk Item: Yes x No _ Department: County Administrator
Staff Contact Person/Phone #: Roman Gastesi
AGENDA ITEM WORDING:
Approval of employment agreement and confirmation of Dr. Chad E. Brocato Sr. as Monroe County
Fire Chief.
ITEM BACKGROUND: Florida Statue 123.74(1)(k) requires BOCC confirmation of department
head appointments made by the County Administrator.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval of employment agreement and confirmation of County Administrator/selection committee
recommendation as required by statute.
TOTAL COST: $123,900
COST TO COUNTY:$123,900 + benefits
BUDGETED: Yes X No
SOURCE OF FUNDS:Fire District Ad Valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dr. Chad E. Brocato Sr. Contract #
Effective Date: 1/7/2009
Expiration Date: 1/6/2013
Contract Purpose/Description: Employment agreement between Monroe County and Dr.
Chad E. Brocato Sr. for position of Monroe County Fire Chief
Contract Manager: Roman Gastesi
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 12/17/08 Agenda Deadline: 12/2/08
Total Dollar Value of Contract: $
CONTRACT COSTS
123,900.00 Current Year Portion: $' 130,095.00
Budgeted? Yes❑ No Account Codes: 148-12000-510120-_
Grant: $ - - -
County Match: $ - - -
UP -b �> 5,000 rtovinq ADDITIONAL COSTS
td Ongoing Costs: $*-,, XP
a/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, jan.
etc.
CONTRACT REVIEW
Changes Date Out
D ten Needed
vi
Division Director 2 OB Yes No o�
Risk Management Yes[] No❑ L+"-
O.M.B./Purchasing Yes[:] No[:]*
County Attorney Yes❑ No❑ see contract``
7n M-jzlu-+'
OMB onn Revised 2/27/01 MCP #2
EMPLOYMENT AGREEMENT
BETWEEN
MONROE COUNTY
AND
DR. CHAD E. BROCATO SR.
FOR POSITION OF
MONROE COUNTY FIRE CHIEF
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 Dr. Chad E.
Brocato, Sr., who currently resides in Broward County.
WHEREAS, the position of Monroe County Fire Chief is currently open; and
WHEREAS, the BOCC has solicited applicants for the position of Monroe County
Fire Chief; and
WHEREAS, the County Administrator has selected Dr. Chad E. Brocato, Sr. for
the position of Fire Chief; and
WHEREAS, negotiations between the County Administrator and Dr. Chad E.
Brocato, Sr. has resulted in this mutually acceptable Employment Agreement
("Agreement"); now, therefore,
IN CONSIDERATION of the mutual promises contained herein the BOCC and
Dr. Chad E. Brocato, Sr. hereby agree as follows:
1. EMPLOYMENT. Dr. Chad E. Brocato, Sr. (hereinafter "Fire Chief') is hereby
employed by the BOCC as Fire Chief for Monroe County, Florida.
2. FULL-TIME EMPLOYMENT. County and Fire Chief agree that the position of
County Fire Chief will be a full-time position deemed exempt under the Fair Labors
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 the County.
3. DUTIES OF FIRE CHIEF.
A. The Fire Chief shall at all times maintain all licenses required for this position
as detailed more fully in the attached Key Requirements of the Job Description,
attached hereto as Exhibit A, and will perform the duties of Fire Chief as provided for in
said Job Description, as well as all duties required by the Monroe County Code and
lawfully adopted Resolutions of the BOCC; and all duties as may be set forth in
administrative and personnel policies and procedures adopted by use by the County.
B. Duties shall be performed in a professional, respectful, and timely manner and
in accordance with the highest standards of ethical behavior and in compliance with
Part III, Chapter 112, Florida Statutes, entitled Code of Ethics for Public Officers and
Employees.
C. Fire Chief understands and agrees his duties under this Agreement will
require him to routinely work varied hours in excess of the normal County workday, and
the hours worked shall be consistent with the needs of the position.
D. Nothing in this agreement or in the BOCC's policies, rules, and procedures will
limit the Fire Chief'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 Fire Chief's duties under this Agreement.
E. The Fire Chief will be reasonably available to BOCC members, the County
Administrator and key County emergency staff twenty-four (24) hours per day. Such
availability will be by telephone or electronic messaging, or in person.
4. SOLE EMPLOYMENT. In partial consideration for the agreements to be performed
by the BOCC for the benefit of the Fire Chief as contained elsewhere in this Agreement,
Fire Chief agrees that he 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 BOCC. It is the intent that the
Administrator's attentions will be devoted solely to County -related duties and
obligations.
5. POST -EMPLOYMENT RESTRICTIONS. In partial consideration for the agreements
to be performed by the BOCC for the benefit of the Administrator as contained
elsewhere in this Agreement, Administrator agrees that for a period of twenty-four (24)
months from the effective date of termination or cancellation of this Agreement, Fire
Chief will not personally appear on behalf of another person or entity for compensation
before the BOCC sitting in its legislative or quasi-judicial capacity, unless Fire Chief is
appearing on behalf of another governmental agency. Additionally, Fire Chief agrees
that for a period of twenty-four (24) months from the effective date of termination or
cancellation of this Agreement, Fire Chief will not lobby the BOCC sitting in its
legislative or quasi-judicial capacity. For purposes of this section, "lobbies" and
"lobbyist" will have the same meaning as defined in Section 112.3215(d) and (e), Florida
Statutes. This section will survive the termination or cancellation of this Agreement, but
may be waived by a majority vote of the BOCC at a public meeting.
6. TERM OF AGREEMENT; TERMINATION; CANCELLATION GENERAL
RELEASE.
A. Normal Term of Agreement. The normal term of this agreement shall be for a
period of forty-eight (48) months, commencing at 8:00 A.M. on the 7th of January, 2009,
and ending at 5:00 P.M. on the 6th of January, 2013.
B. Extension of Normal Term. This Agreement will automatically renew for
periods of one year unless either the BOCC or the Fire Chief gives the other notice of its
or his intent to modify or terminate the Agreement. Such written notice shall be given
not less than ninety (90) days prior to the normal expiration date of this Agreement, or
sixty (60) days prior to the expiration of any renewal term year, as applicable. Once
either party gives written notice under this section, this Agreement will not be modified
or extended except as may be mutually agreed to by and between the BOCC and the
Fire Chief.
C. Termination of Agreement by BOCC for Cause. This Agreement may be
terminated by the BOCC for cause, by providing a detailed written statement to the Fire
Chief of the reason or reasons for which termination is being sought, with said notice to
be provided at least fifteen (15) days prior to the date of a BOCC meeting on which the
agenda for the BOCC is prepared that contains the item of termination to be acted
upon, BOCC shall provide to the Fire Chief a detailed written statement of the reason or
reasons for which termination is being sought. The statement will include, but not be
limited to, a description of the act or acts, omission or omissions, or default or defaults
which form the basis for which termination is sought, along with the relevant date or
date, time or times, and location or locations. As used in this Section, "for cause" will
mean (a) dishonest with respect to the business and operation of the BOCC; (b)
confirmed violation of the BOCC's drug policy; (c) refusal to cooperate in an
investigation regarding any aspect of the business or operation of the BOCC or 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 directly related to the powers, duties, privileges of Fire Chief; (g)
violation of a provision of the Monroe County Code; or (h) breach of any material terms
or condition of this Agreement by the Fire Chief. 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.
D. Termination of Agreement by Normal Expiration. Unless otherwise terminated
in accordance with other sub -sections of Section 6, this Agreement will terminate upon
its normal expiration date as stated in sub -section 6.A.
E. Cancellation of Agreement by BOCC Without Cause. The BOCC may cancel
this Agreement without cause, effective thirty (30) days after giving written notice to the
Fire Chief. Such cancellation will be by a Resolution adopted by a majority vote of the
BOCC at a duly noticed public meeting. Upon the effective date of cancellation, the Fire
Chief will be entitled to receive from the Board, and within fifteen (15) days will be paid
by the BOCC, a sum equal to the total of six months' salary at the rate of pay in effect at
the time of cancellation, and 100% of accrued vacation and sick leave.
F. General Release. Upon timely completion by the BOCC of all requirements
under sub -section 6.E., the Fire Chief will execute a general release in favor of all
officers, members, and employees of the BOCC and County relating to any cause or
causes of action the Fire Chief has, had, or may have related to the Agreement and
cancellation thereof. The general release will encompass all applicable federal, state,
and local laws and ordinances relating to claims of illegal discrimination, intentional and
unintentional torts, whistle blower rights, and all other types of claims whether known or
unknown through the date of cancellation. To the extent that it is prohibited by
applicable federal, state, or local law, this provision will be deemed void and of no
effect.
G. Termination of Agreement by Resignation of Fire Chief. This Agreement will
be terminated upon the effective date of resignation by the Fire Chief, after provision of
at least 30 days written notice to the County Administrator.
H. Abolishment of Position of Fire Chief. If the BOCC takes such action as to
lawfully abolish the position of Fire Chief during the term of this Agreement, the
abolishment of the position, for the purposes of this agreement, shall be deemed to be a
termination of this Agreement without cause by the BOCC.
7. SALARY. As partial consideration for the agreements and services to be performed
by the Fire Chief for the benefit of the BOCC and County as contained elsewhere in this
Agreement, the BOCC will pay to the Fire Chief, a base salary in the sum of ONE
HUNDRED TWENTY THREE THOUSAND NINE HUNDRED DOLLARS ($123,900.00).
A. 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).
B. Upon conclusion of his first six months' employment, to wit: May 30, 2009,
which shall thereafter by deemed the Fire Chief's anniversary date for purposes of
applying annual merit increases as are provided to other County employees, the Fire
Chief shall receive an increase in salary of 5% as a merit increase, if his evaluation by
the County Administrator supports a merit increase. The Fire Chief shall be entitled to
the same Cost of Living Adjustments (COLA) and other merit increases as are paid to
other County division directors, with the caveat that his anniversary date for merit
increases is as set forth in this paragraph.
8. TRANSPORTATION. The Fire Chief shall be provided a County vehicle of the
County's choice for transportation to and from work and for business purposes.
9. TRAVEL REIMBURSEMENT. Travel beyond the Monroe -Dade County line shall be
reimbursed according to County policy for out -of -County travel. The BOCC shall pay or
reimburse the Fire Chief for the costs of meals, other expenses, and lodging incurred by
the Fire Chief that may be necessary, required, or appropriate in fulfilling the Fire
Chiefs duties and responsibilities under this Agreement. Meals, mileage, other
expenses, and lodging will be paid for or reimbursed at the rates provided for by
applicable Monroe County Code provisions, and shall be consistent with the provisions
of this Agreement.
10. FLORIDA RETIREMENT SYSTEM. The BOCC agrees that the position of Fire
Chief will be eligible for the retirement benefits provided under Florida Statutes. The
BOCC will contribute such amounts at such times as is required by the Florida
Retirement System, and any other applicable law or statute.
11. PROFESSIONAL MEMBERSHIPS. The Fire Chief shall, as a minimum, maintain
membership in the following professional organizations and interest groups:
International Association of Emergency Managers (IAEM), Florida Fire Chief
Association (FFCA), Florida Emergency Preparedness Association (FEPA), and
International Association of Fire Chiefs (IAFC). All dues, occupational licenses, fees,
and costs for obtaining and maintaining the memberships delineated above will be paid
for by the BOCC.
12. LOCAL LIAISONS. The Fire Chief shall establish and maintain liaisons with his
counterparts in local governmental and public agencies located within the geographical
limits of Monroe County, and with such agencies of the State of Florida and the federal
government as may be appropriate and desirable. Any reasonable costs, fees, charges,
or other expenses incurred in establishing and maintaining these liaisons shall be
reimbursed or paid for by the BOCC; provided, however, that the costs of membership
and participation in such organizations shall not exceed ONE THOUSAND DOLLARS
($1,000.00) each fiscal year.
13. ANNUAL LEAVE; SICK LEAVE; EXECUTIVE LEAVE.
A. The Fire Chief will earn and be credited with annual leave at a rate per month
equal to the rate earned by County division directors. The Fire Chief 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.
B. The Fire Chief will earn and be credited with sick leave at a rate of one-half
day per pay period as do all other County employees. The Fire Chief 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 Fire Chief shall have the option of joining and
receiving benefits of the Monroe County Sick Leave Pool in accordance with the policies
and procedures that are applicable and in effect.
14. CONTINUING EDUCATION. The BOCC agrees to budget for and to pay the costs
incurred by the Fire Chief in attending seminars and continuing education courses.
15. EMPLOYMENT BENEFITS.
A. Cell Phone; Radio; Pager; Laptop Computer. The BOCC agrees to provide a
cell phone, pager, and radio of its choice with the carriers of its choice to the Fire Chief,
and shall provide a laptop computer of its choice to the Fire Chief. 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 BOCC in accordance with
BOCC policy.
B. Health, Medical, Dental, Vision, and Related Benefits. The BOCC agrees to
make available to the Fire Chief all health, medical, dental, vision, and related benefits,
including life insurance, as it currently offers to other non -union County employees, and
as may be changed, amended, deleted, or added to from time to time. The BOCC shall
pay the health (medical only) insurance premiums required for single coverage for the
Fire Chief, and the Fire Chief shall be responsible for the premiums required for
dependent coverage.
C. Holiday Benefits. The Fire Chief will receive the same paid holidays as the
County's non -union employees receive.
D. Other Customary Benefits. The Fire Chief shall have the right to participate in
and receive the benefits of other employment -related benefits as are available to other
non -union County employees, except that he shall not have the protection of the Career
Service Act, Florida Law 69-1321.
E. One-time Relocation Expense. As and for partial consideration for this
Agreement, the County agrees to reimburse the Fire Chief up to FIVE THOUSAND
DOLLARS ($5,000.00) for relocation and moving expenses associated with moving
from Broward County to Monroe County. This payment will be after the County Finance
Department has received a request for reimbursement with supporting documentation.
16. INDEMNIFICATION AND COOPERATION.
A. Indemnification. The County shall provide the Fire Chief with the same
indemnification and coverage against any tort, professional liability, or other legal
demand, claim, or action which is related directly or indirectly to the Fire Chief's actions
in his capacity as County Fire Chief as is provided to other County employees.
B. Cooperation. In the event of actual or threatened litigation and/or
administrative proceedings involving the BOCC or the County which arises out of an
action or actions which occurred or are alleged to have occurred while the Fire Chief
was acting in the capacity of County Fire Chief, the Administrator will cooperate with the
BOCC and its counsel in defending and resolving the litigation or proceeding. In such
regard, the BOCC agrees to pay the Fire Chief's reasonable travel and subsistence
expenses incurred in cooperating with the BOCC and its counsel, including preparation
for and actual discovery, settlement, and trial and hearing of such matters.
C. The Fire Chief agrees that, unless required by law, he will not cooperate with
or assist any party, person, or entity who has, had, or may have, or asserts that he, she
or it has or may have any claim of any nature against the BOCC or the County, its
agents, officers, or employees, unless the BOCC or its authorized agent expressly
consents in writing to waive this provision of the Agreement. The Fire Chief will not
disclose to any person, party, or entity any confidential, proprietary, time -sensitive, or
non-public information relating to the BOCC, the County, and its operations unless
required to do so by law.
17. GOVERNING LAW; ATTORNEYS FEES AND COSTS; VENUE. This Agreement
is made in the State of Florida and will be governed by Florida law. This is the entire
agreement between the BOCC and the Fire Chief and 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 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. 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.
18. PERFORMANCE EVALUATION. The County Administrator shall provide a review
and performance evaluation of the Fire Chief prior to May 30, 2009, and thereafter, at
least once during each successive year.
19. OTHER TERMS AND CONDITIONS.
A. If any provisions, term, or portion of this Agreement shall be held to be
unconstitutional, illegal, invalid, or unenforceable 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 BOCC or the Fire Chief 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 Fire Chief.
D. Should the Fire Chief die during the term of this Agreement, the obligations of
the BOCC under this Agreement shall immediately terminate except for payment of
accrued and unused leave balances to the Fire Chiefs designated beneficiaries of his
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 BOCC and Fire Chief 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.
F. 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, 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 BOCC and the Fire Chief, 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 Fire Chief
and cannot be assigned, transferred, or otherwise impaired by the Fire Chief.
H. The Fire Chief shall abide by all Florida and federal laws governing his duties
as Fire Chief, and shall adhere to County policies and Procedures governing
employees.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, in the
County of Monroe, Florida, this
(SEAL)
ATTEST:
By:
Deputy Clerk
day of December, 2008.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
CLERK By:
Mayor/Chairperson
DR. CHAD�E-. BROCATO, SR.
Signature
ROVED AS T f6lt:
UZA NE A. FfUTTON
l%ATY