Item O03 03
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: 03
2023-1624
BULK ITEM: Yes DEPARTMENT: Administration
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall
No
AGENDA ITEM WORDING: Ratification of First Amendment to Interchange Agreement with
Village of Islamorada to assign Administrative Director Ed Koconis to the Village to serve as Interim
Village Manager on a temporary basis.
ITEM BACKGROUND:
On 8/7/2023, the County entered into an Interchange Agreement with the Village of Islamorada, to loan
Employee Services Director Bryan Cook to the Village to serve as an Interim Village Manager on a
temporary basis while the Village began a search for a new Village Manager. Interchange Agreements
between public employers (state and local governments) are allowed under F.S. 112.24. The Agreement
was ratified by the BOCC at its 9/6/2023 meeting.
The Interchange Agreement provided that the initial term was 60 days, and then thereafter the
Agreement could be renewed by each of the parties every 60 days. On 9/28/2023, the Village voted to
approve the First Amendment, which extends the term of Agreement by up to 60 days through
12/6/2023, and replaces Bryan Cook as Interim Village Manager with Ed Koconis, Administrative
Director.
The original Amendment was signed by the County Administrator on 9/27/2023. This item now seeks
ratification of the First Amendment. All other terms in the Interchange Agreement remain the same.
PREVIOUS RELEVANT BOCC ACTION:
9/6/2023: BOCC ratification of Interchange Agreement.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
4163
DOCUMENTATION:
First Amendment to Interchange Agreement.pdf
Position Description Koconis (002).pdf
C I Village of Islamorada Cook.pdf
FINANCIAL IMPACT:
$0 -Village of Islamorada reimburses all salary, employment taxes, employer FRS contributions.
4164
FIRST AMENDMENT TO
EMPLOYEE INTERCHANGE AGREEMENT
(ISLAMORADA,VILLAGE OF ISLANDS)
THIS FIRST AMENDMENT TO EMPLOYEE INTERCHANGE AGREEMENT
(hereinafter "Amendment") is made and entered into this 27th day of September 2023, by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West,FL, 33040 (hereinafter"County"), and Islamorada, Village of Islands,
a municipality organized under the laws of the State of Florida, whose address is 86800 Overseas
Highway,Islamorada,FL 33036 (hereinafter"Village")(hereinafter,when referred to individually
as "Parry" or collectively as "Parties).
WITNESSETH
WHEREAS, Chapter 112, Part II, Florida Statutes, authorizes the interchange of
employees between governments, including counties and municipalities; and
WHEREAS, Section 112.24, Florida Statutes, provides that the details of an employee
interchange shall be the subject of an agreement between a sending agency and a receiving agency;
WHEREAS, August 6, 2023, the County and the Village entered into an Employee
Interchange Agreement ("Agreement") whereby the Parties agreed that the County would assign
Bryan Cook ("Cook"), Director of Employee Services for Monroe County, to the Village as
receiving agency, to serve as Interim Village Manager; and
WHEREAS, the Agreement provided that the initial term of the Agreement would begin
on August 7, 2023 and continue for sixty (60) days, to October 6, 2023 ("Initial Term"), and that
prior to the expiration of the Initial Term, the Agreement would be reviewed by the Village, at
which time the Agreement could be extended for a subsequent term not to exceed sixty (60) days
upon the approval of the Village Council and with the approval of the Monroe County
Administrator; and
WHEREAS, both Parties have indicated that they wish to extend the Agreement for an
additional term, not to exceed sixty (60) days; and
WHEREAS, the County has proposed to assign Ed Koconis, AICP, Administrative
Director for Monroe County, in place of Bryan Cook, who is needed to resume his duties for
Monroe County; and
WHEREAS, the Parties have agreed that Bryan Cook's assignment as Interim Village
Manager shall end on Friday, September 29, 2023, and beginning October 2, 2023, Ed Koconis
shall be assigned to serve as the Interim Village Manager for the remainder of the term of this
Agreement, as extended.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the Parties agree as follows:
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RECITALS
1. Pursuant to paragraph (3) of the Agreement (Term of Agreement), the term of the
Employee Interchange Agreement is hereby extended by an additional sixty (60) days, through
December 6, 2023 ("Extended Term").
2. Bryan Cook shall cease to be assigned as the Interim Village Manager at close of
business on September 29, 2023, and Ed Koconis shall be assigned to serve as the Interim Village
Manager beginning 8:00 a.m. on October 2, 2023. Effective October 2, 2023, all references to
"Bryan Cook" or"Cook" shall be revised and replaced with the name"Ed Koconis"wherever they
appear in the Interchange Agreement.
3. Effective October 2, 2023, Exhibit A to the Interchange Agreement (Islamorada
Position Description signed by Bryan Cook) is removed and replaced with Exhibit A attached
hereto(Islamorada Position Description signed by Ed Koconis),which shall be incorporated in the
Interchange Agreement by reference.
4. In all other respects, all terms and conditions set forth in the Agreement remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement
this 27th day of September 2023.
Approved as to form and legal sufficiency for BOARD OF COUNTY COMMISSIONERS
Monroe County, only: OF MONROE COUNTY, FLORIDA
y
Cynthia L. Hall Sr. Ass t County Attorney Ro an � u
...
fii my Administrator
Date: September 27, 2023
Approved as to form and legal sufficiency for
the use of the Village Council only. ISLAMORADA, VILLAGE OF ISLANDS
By:
John J. Quick, Village Attorney Joseph B. Pinder, HI, Mayor
Date:
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Ratified by the Monroe County Board of County Commissioners on October 18, 2023.
(Seal) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
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4167
I LAMORADA,VILLAGE OF ISLANDS
Position Description
EI fIBIT .
Position Title: Village Manager
Reports To:Village Council/
Position Status: Exempt(Pay Grade: 20)
General Functions:
Directs and coordinates administration of Village government in accordance with policies determined by Village Council while
performing the following duties personally or through subordinate supervisors. Position requires the use of Village vehicle in
the performance of duties.
Illustrative Tasks
(These are intended only as illustrations of the various types of work performed. The omission of specific duties does not
exclude them from the position if the work is similar, related or a logical assignment to the position)
Plans, organizes, directs, coordinates and evaluates the operations, programs, activities and services of all
departments,offices and agencies of the Village,except as otherwise provided by the Charter and other relevant law_
• Responds to requests from the Village Council and the public for appropriate action and/or resolution of policy matters
and attendant problems.
Ensures the Village Council is kept abreast of matters pertinent to Village administration.
Provides periodic reports in compliance with the 'Village Council's requirements and Charter provisions concerniing
the operations, activities and programs of Village departments, offices and agencies subject to the Village Manager's
direction and supervision.
Prepares Village Council meeting agendas, ensuring that the Council is fully apprised of the information contained
therein, and that items on the agenda will not unnecessarily prolong the duration of the meeting at issue.
• Initiates policy recommendations for the Village Council's consideration.
«� Conducts agenda review meetings with staff, as needed, to review items proposed for presentation to the Village
Council'.
Recommends the creation of new committees that will advance Village business and operations.
Negotiates contracts (including collective bargaining agreements), and other legal instruments, in conjunction with
the Village Attorney"s Office.
Executes contracts on behalf of the Village pursuant to the provisions of the appropriate ordinances..
Appoints„ suspends and terminates all Village employees except those appointed by and responsible to the Village
Council; approves promotions„ transfers, reclassifications„job evaluations, demotions„ disciplinary action and other
related personnel actions.
Manages senior staff includinig the Deputy Village Manager and department directors.
Responsible for the overall direction, coordination and evaluation of all Village departments..
Develops and implements appropriate training i programs for Village employees.
• Prepares and submits the annual operating budget and capital programs to the Village Council) in the appropriate
format..
«� Develops lone-rainge fiscal managerial plans and strategies.
«� Implements the approved/ budget and effects a program of budgetary control over expenditures and revenues.
Submits to the Village Council for public review a report on the financial/ condition and administrative activities of the
Village at the end of each fiscal year as required by the Village Charter and/or relevant State Law.
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Updated 2023,
4168
• Attends all Village Council meetings as well as other public meetings scheduled by the Village or in connection with
Village business.
• Represents Village administration before various community organizations, business enterprises and governmental
entities.
Develops programs and strategies to enhance the effectiveness and efficiency of Village operations, including
appropriate Village staff and/or Council retreats or strategizing sessions.
Provides guidance and assistance in the development of long andl short-range goals for the Village Council's
consideration and implements same upon approval by the Council.
Encourages and oversees economic and community development efforts including business retention,
redevelopment and recruitment of new businesses.
Possesses the ability to work in an increasingly culturally diverse community.
Possesses the ability to multitask and adjust to changing situations while maintaining efficiency and effectiveness.
Possesses the ability to deal tactfully, courteously and professionally with all officials and groups, exercising sound
and effective judgment in doing so, ensuring the protection of the Village's goodwill.
Requirements for Position-
Bachelor's Degree in Business Administration, Public Administration, or equivalent combination of education and experience.
Master"s Degree desirable. At least ten (10) years related management experience as department director or manager in a
public sector setting. Thorough knowledge of the principles, practices, and techiniqlues of public administration. Demonstrated
financial, management, planning, leadership and communication skills- Knowledge of Personal Computer software
application, i.e. word processing, spreadsheet, database, etc.
Physical Requirements:
While performing the duties of this class, employees are regularly required to sit; talk or hear, in person and by telephone;
use hands to finger, handle, feel or operate standard office equipment- and reach with hands and arms. Employees are
occasionally required to walk and stand and lift and move records and documents weighing 20 pounds or less. Specific vision
abilities required by this job include close vision and the ability to adjust focus. Employees are regularly required to use written
and oral communication skills-, read and interpret data, information and documents-, analyze and solve problems-, use math
and mathematical reasoning; learn and apply new skills and information, perform highly detailed work on m uilti ple, concurrent
tasks-, and interact with Village staff and other organizations..
PrintName
Signature
Date
Page 2 of 2
Updated 2023,
4169
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: September 8, 2023
TO: Lindsey Ballard
Aide to the County Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: September 6, 2023 BOCC Meeting
Please see the attached item, which has been executed and added to the record:
CI Ratified Employee Interchange Agreement with Village of Islamorada(Village)to assign
Bryan Cook, Director of Employee Services, to the Village to serve as Interim Village Manager
on a temporary basis; and granted authorization for the County Administrator to sign additional
future documents including extensions of the Agreement beyond the initial 60-day term.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
4170
EMPLOYEE INTERCHANGE AGREEMENT
(ISLA1"' ORADA, VILLAGE OF ISLANDS)
THIS EMPLOYEE INTERCHANGE AGREEMENT (hereinafter "Agreement") is
made and entered into this 3rd day of August 2023, by and between Monroe County, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL, 33040
(hereinafter "County"), and Islamorada, Village of Islands, a municipality organized under the
laws of the State of Florida, whose address is 86800 Overseas Highway, Islamorada, FL 33036
(hereinafter "Village") (hereinafter, when referred to individually as "Party" or collectively as
"Parties).
WITNESSETH
WHEREAS, Chapter 112, Part II, Florida Statutes, authorizes the interchange of
employees between governments, including counties and municipalities; and
WHEREAS, Section 112.24, Florida Statutes, provides that the details of an employee
interchange shall be the subject of an agreement between a sending agency and a receiving agency;
WHEREAS, the Village has requested and the County has offered to provide assistance
in the form of supplying an Interim Village Manager, to provide management while the Village
conducts a search for a Village Manager; and
WHEREAS,the County, as the sending agency, wishes to assign Bryan
`Cook ("Cook"), Director of Employee Services for Monroe County, to the Village as receiving
agency,to serve as Interim Village Manager; and
WHEREAS, the Parties see a benefit and a public purpose in having Cook temporarily
assigned to the Village for the purposes outlined above, and wish to set forth the details of the
temporary assignment in an interlocal agreement.
NOW,THEREFORE,in consideration of the mutual covenants and provisions contained
herein, the Parties agree as follows:
RECITALS
1. PURPOSE. The purpose of this Agreement is to allow for the assignment of
Bryan Cook("Cook")to serve as an Interim Village Manager,to perform and exercise the powers
and duties set forth in Section 7(3) of the Village Charter, and more fully outlined herein and in
the Village Manager job description, attached as Exhibit"A."
2. AUTHORITY. The County is authorized pursuant to F.S. 125.01, its home
rule powers, and F.S. 112.24, which permits the intergovernmental interchange of governmental
employees, to enter into this Agreement. The Village is authorized pursuant to F.S. 166.021(1)
and F.S. 112.24 to do the same.
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4171
3. TERM OF AGREEMENT: Pursuant to F.S. 112.24, the term of this Agreement
shall begin on August 7, 2023 ("Effective Date"), and shall remain in effect for an initial period of
sixty (60) days ("Initial Term"). Pursuant to F.S. 112.24(2), the Agreement will be reviewed by
the Village prior to the expiration of the Initial Term, at which time the Agreement may be
extended for a subsequent term of sixty (60) days upon the approval of the Village Council and
with the approval of the Monroe County Administrator, who is delegated authority to execute the
extension. After the Initial Term, and for as long as the Agreement is in effect, the Agreement
will be reviewed periodically no later than every sixty (60) days by the Village Council to
determine whether the Village wishes to renew the Agreement,and may be extended for successive
terms not to exceed sixty (60) days, with the written approval of the Village Council and County
Administrator. Pursuant to F.S. 112.24, regardless of the number of extensions granted beyond
the Initial Term, the Agreement shall not exceed two (2) years and three (3) months. Moreover,
the continuation of this Agreement beyond the end of any County fiscal year is subject to both the
appropriation and the availability of funds by the Board of County Commissioners in accordance
with Chapter 129, Florida Statutes.
4. DUTIES: Cook shall perform the functions and duties specified in the Village's
Charter, including without limitation the powers and duties enumerated in Section 7(3) of the
Village Charter,as well as applicable sections of the Village Code-,and shall perform other legally
permissible and proper duties and functions,as requested from time to time by the Village Council,
and as more fully articulated in Exhibit "A". Cook shall comply at all times with Chapter 112,
part III (Sections 112.311 et seq.) of Florida Statutes, the Florida Code of Ethics, as set forth in
Section 2-52 of the Islamorada Code of Ordinances.
5. SALARIES AND BENEFITS: Salary and benefits for Cook for the time spent
working on matters for the Village shall be administered as set forth below.
a. Cook shall remain a full-time exempt employee of Monroe County.
b. Division of Time: Cook shall expend as much time as is required by the Village during
the term of this Agreement, up to 100% of Cook's time during a work week. The
County and Cook understand that Cook's primary responsibility during the term of this
Agreement will be to the Village.
c. Salary:
i. Each work week, the number of hours spent working for the Village shall be
calculated as a percentage of total hours worked by Cook. For the percentage
of hours spent by Cook working on Village matters, Cook shall be entitled to
compensation at the annual rate of two hundred forty-eight thousand dollars
($248,000.00)("Village Share"), and for the percentage of hours spent by Cook
working on Monroe County matters, Cook shall be entitled to compensation at
his current rate of pay, subject to language about salary increases as is set forth
below ("County Share"). Cook shall document his Village Share and County
Share on forms approved by the respective Human Resources department of
each Party.
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ii. The County shall issue pay Cook for the combined amount of the Village Share
and the County Share in accordance with the County's payroll policies, which
provides for employees to be paid two weeks in arrear at the conclusion of the
County's existing biweekly pay periods. The County shall then issue an invoice
to the Village and the Village shall reimburse the County for the Village Share,
which shall include the employer's share of all applicable employment taxes
and other mandatory contributions, including mandatory employer
contributions to Cook's Florida Retirement System account.
d. In all respects, Cook shall be governed by terms and conditions set forth in the Monroe
County Personnel Policies and Procedures Manual ("Manual").
e. Leave: Cook shall continue to accrue annual (vacation) and sick leave in accordance
with the terms and conditions set forth in the Manual. The County shall bear the
financial responsibility for payment of accrued leave, including hours attributable to
the Village Share.
f. Unemployment: The Parties will jointly be responsible for the payment of
unemployment benefits on a pro rata basis in proportion to the wages paid to Cook by
the Parties. The County is a reimbursing employer. Therefore, in the event that Cook
is awarded unemployment benefits pursuant to Chapter 443, Florida Statutes, the
Village will be responsible for reimbursing the County for its proportionate share of
unemployment benefits, if such benefits are paid.
g. Medical Insurance, Pharmaceutical Plan, Life Insurance, and Voluntary Benefits:
Cook will continue to be eligible to participate in the Monroe County's medical
insurance, pharmaceutical plan, County-provided basic life insurance and AD&D, and
voluntary benefits (dental, vision, supplemental life) on the same terms and conditions
as other County employees. Except as outlined elsewhere in this Agreement, the
responsibility for payment for and provision of all benefits shall remain the sole
responsibility of the County.
h. Workers' Compensation (F.S. 112.30(4)): In the event of injury or death in the
performance of Cook's duties for the Village for an incident that arises out of the course
and scope of work performed by the Village, the employee shall be treated as an
employee of Monroe County and Monroe County as the sending agency shall be solely
responsible for providing the workers' compensation benefits without reimbursement
by the Village. The Village shall promptly notify the County of Cook's injury or death.
i. Travel Benefits: Cook shall be entitled to travel, per diem and lodging benefits as
allowed by Monroe County Code section 2-106 et seq..
j. The Village shall provide an established work area and all other necessary equipment
and supplies for Cook to perform his job duties as Interim Village Manager. The
Village shall provide a laptop computer for Cook's exclusive use. The costs of
acquiring and using the computer shall be paid for by the Village. The work area and
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4173
all other necessary equipment and supplies provided by the Village shall be used solely
for Village purposes.
6. INDEMNIFICATION: Subject to and without waiving the limitation contained in
Section 768.28, the Village agrees to be liable for any and all damages proximately caused by the
acts,omission, or wrongful acts of its elected officials, employees or agents, and agrees to defend,
indemnify, and hold harmless the County from any and all claims arising out of the wrongful acts
or inactions of the Village. Subject to and without waiving the provisions of Section 768.28,
Florida Statutes,the County agrees to be liable for any and all damages proximately caused by the
acts, omission, or wrongful acts of its employees or agents, and agrees to defend, indemnify, and
hold harmless the Village from any and all claims arising out of the wrongful acts or inactions of
County. Nothing herein is intended to serve as a waiver of sovereign immunity by either of the
Parties. Notwithstanding the above provisions, the Village shall not be obligated to indemnify,
defend, or hold Cook harmless from any claims of any nature arising out of Cook's malfeasance,
or from injury or property damage caused by the intentional misconduct of Cook. This
indemnification provision shall survive the termination of this Agreement.
7. INSURANCE: The Village shall provide a general liability insurance to cover all
incidents occurring in the course and scope of work performed for the Village by Cook during the
term of this Agreement, in the minimum amount of$1,000,000 per occurrence.
8. BONDS: The Village shall obtain a fidelity bond and any other applicable bonds
covering work performed by Cook for the Village during the term of this Agreement. The costs
and expenses of obtaining and maintaining such bonds shall be paid for by the Village.
9. TERMINATION: This Agreement may be terminated with or without cause by
either Party upon thirty (30) days' prior written notice to the other Party.
10. DISCLOSURE OF FINANCIAL INTERESTS: Section 112.3145, Florida
Statutes, requires financial disclosures to be filed by a "local officers," and subsection (1)(a)3.,
defines a"local officer"to include a city manager. Cook agrees to make such disclosures on such
forms and at such times as may be required by state law.
11. NONDISCRIMINATION: The Parties agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party,effective the date of the court order. The Parties
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352),which prohibit discrimination in employment on the basis of race, color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42
USC §§ 6101-6107),which prohibits discrimination on the basis of age; 5)The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
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4174
Rehabilitation Act of 1970 (PL 91616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC
§§ 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation,gender identity or expression,familial status or age;and 11)any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
12. PUBLIC RECORDS: The County and the Village shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made
or received by the County and the Village in conjunction with this Agreement; and either Party
shall have the right to unilaterally cancel this Agreement upon violation of this provision by the
other Party. Detailed Employee shall retain public records in his possession and related to Village
business in accordance with Village policy.
13. RECORDS — ACCESS AND AUDITS. All Parties shall maintain adequate and
complete records after termination of this Agreement, as required by the applicable retention
schedule required by law.Each party,its officers,employees,agents and auditors shall have access
to the other parties' books, records, and documents, related to this Agreement upon request. The
access to and inspection of such books, records, and documents by the parties shall occur during
the regular office hours or as agreed.
14. NO THIRD-PARTY BENEFICIARIES. Neither Party intends to benefit a third
party by this Agreement beyond Cook. Therefore,the Parties acknowledge that there are no other
third-party beneficiaries to this Agreement and that no other third party shall be entitled to assert
a right or claim against either of them based upon this Agreement.
15. NOTICES. In order for a notice to a party to be effective under this Agreement,
notice must be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the
addresses listed below and shall be effective upon mailing. The addresses for notice shall remain
as set forth herein unless and until changed by providing notice of such change in accordance with
the provisions of this section.
For Count
Monroe County BOCC
County Administrator
1100 Simonton Street
Key West, FL 33040
Gastesi-roman@monroecounty-fl.gov
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4175
With a copy to:
Monroe County Attorney's Office
1111 12" St., Suite 408
Key West, FL 33040
Shillinger-bob@monroecounty-fl.gov
For .
Islamorada, Village of Islands
86800 Overseas Highway
Islamorada, FL 33036
Clerk@islamorada.fl.us
With a copy to:
Village Attorney
John J. Quick, Esq.
Weiss Serota Helfman Cole +Bierman, P.L.
2800 Ponce de Leon Blvd., Suite 1200
Coral Gables, FL 33134
jquick@wsh-law.com
16. ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any right or
interest herein may be assigned,transferred, subcontracted, or encumbered by Village without the
prior written consent of County. COVENANT OF NO INTEREST. Neither Party presently has
any interest, and shall not acquire any interest,which would conflict in any manner or degree with
its performance under this Agreement, and that the only interest of each party is to perform and
receive benefits as set forth in this Party.CODE OF ETHICS. The Parties understand and agree
that officers and employees of the County are required to comply with the standards of conduct
for public officers and employees as delineated in Section 112.313, Florida Statutes, as well as the
Monroe County Personnel Policies and Procedures Manual regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.NO SOLICITATION/PAYMENT. The County and the Village each
warrant that, in respect to itself,it has neither employed nor retained any company or person,other
than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has
not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission,percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. GOVERNING
LAWS/VENUE. This Agreement is governed by laws of the State of Florida. Venue for any
dispute arising under this Agreement shall be in Monroe County, Florida. COMPLIANCE WITH
LAWS. Each Party to this Agreement shall comply in full with all applicable federal, state and
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4176
local laws, regulations and ordinances. This Agreement constitutes the entire Agreement of the
Parties and supersedes any and all prior communications, understandings and agreements with
respect to the subject matter of this Agreement, whether oral or in writing. This Agreement can
never be amended, except with the prior written agreement of both Parties. By signing below,
each signatory to this Agreement warrants that it has the requisite corporate authority to enter into
the Agreement and to bind its respective entity.
THE REMAINDER OF THIS PAGE IS BLANK.
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4177
I
I
a
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement
this 3d day of August 2023.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
By: By: 2 _ August 7,2023
As Deputy Clerk County Administrator
Date:-
Approved as to form and legal sufficiency for
Monroe County,Florida:
Cynthia L. Hall, Sr. Ass't County Attorney
ISLAMORADA,VILLAGE OF ISLANDS
By
Mayor
a"?: g�3�23 --1
Approved as to form and legal sufficiency for ,
the use of the Village Council only:
o
o c: c
C'�E
Attorney
'v
--�a !R f y the Board of County Commissioners on September ( , 2023.
BOARD OF COUNTY COMMISSIONERS
VIN MADOK, Clerk OF MONROE CO TY, FLORIDA
m - -
N
,T COUNTY 5 5
By.
A Deputy Clerk M or
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I LAMIORADA,VILLAGE OF ISLANDS
Position Description
°� 1 t I��IT. .
Position Title: Village Manager
Reports To:Village Council)
Position Status: Exempt(Pay Grade: 20)
General' Functions:
Directs and coordinates administration of Village government in accordance with policies determined by Village Council while
performing the following duties personally or through subordinate supervisors. Position requires the use of Village vehicle in
the performance of duties.
Illustrative Tasks:
(These are intended only as illustrations of the various types of work performed. The omission of specific duties does not
exclude them from the position if the work is similar, related or a logical assignment to the position.)
• Plans, organizes, directs, coordinates and evaluates the operations, programs, activities and services of all
departments,offices and agencies of the Village,except as otherwise provided by the Charter and other relevant law_
• Responds to requests from the Village Council and the public for appropriate action and/or resolution of policy matters
and attendant problems.
• Ensures the Village Council is kept abreast of matters pertinent to Village administration.
• Provides pehodic reports in compliance with the Village Council's requirements and Charter provisions concerniing
the operations, activities and programs of Village departments„offices and agencies subject to the Village Manager's
direction and supervision.
• Prepares Village Council meeting agendas, ensuring that the Council) is fully apprised of the information contained
therein, and that items on the agenda will not unnecessarily prolong the duration of the meeting at issue.
• Initiates policy recommendations for the Village Council"s consideration.
• Conducts agenda review meetings with staff, as needed, to review items proposed for presentation to the Village
Council.
• Recommends the creation of new committees that will advance Village business and operations.
• Negotiates contracts (including collective bargaining agreements), and other legal instruments, in conjunction with
the Village Attorney"s Office.
• Executes contracts on behalf of the Village pursuant to the provisions of the appropriate ordinances.
• Appoints, suspends and terminates all Village employees except those appointed by and responsible to the Village
Council; approves promotions„ transfers, reclassifications,job evaluations, demotions, disciplinary action and other
related personnel actions.
• Manages senior staff including the Deputy Village(Manager and department directors.
• Responsible for the overall direction, coordination and evaluation of all Village departments..
• Develops and implements appropriate training i programs for Village employees.
• Prepares and submits the annual operating budget and capital programs to the Village Council in the appropriate
format..
• Develops long-range fiscal managerial plans and strategies.
• Implements the approved budget and effects a program of budgetary control over expenditures and revenues.
• Submits to the Village Council for public review a report on the financial condition and administrative activities of the
Village at the end of each fiscal year as required by the Village Charter and/or relevant State Law.
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• Attends all Village Council meetings as well as other public meetings scheduled by the Village or in connection with
Village business,.
• Represents Village administration before various community organizations, business enterprises and governmental
entities.
• Develops programs and strategies to enhance the effectiveness and efficiency of Village operations, including
appropriate Village staff and/or Council retreats or strategizing sessions.
• Provides guidance and assistance in the development of long andl short-range goals, for the Village Council's
consideration and implements same upon approval by the Council.
Encourages and oversees economic and community development efforts including business retention,
redevelopment and recruitment of new businesses.
Possesses the ability to work in an increasingly culturally diverse community.
Possesses the ability to multitask and adjust to changing situations while maintaining efficiency and effectiveness.
Possesses the ability to deal tactfully, courteously and professionally with all officials and groups, exercising sound
and effective judgment in doing so, ensuring the protection of the Village's goodwill.
Requirements for Position-
Bachelor's Degree in Business Administration, Public Administration,or equivalent combination of education and experience.
Master's Degree desirable. At least ten (10) years related management experience as department director or manager in a
public sector setting.Thorough knowledge of the principles, practices, and techniques of public administration. Demonstrated
financial, management, planning, leadership and communication skills- Knowledge of Personal Computer software
application, i.e. word processing, spreadsheet, database, etc.
Physical Requirements:
While performing the duties of this class, employees are regularly required to sit; talk or hear, in person and by telephone;
use hands to finger, handle, feel or operate standard office equipment- and reach with hands and arms. Employees are
occasionally required to walk and stand and lift and move records and documents weighing 20 pounds or less.Specifiic vision
abilities required by this job include close vision and the ability to adjust focus. Employees are regularly required to use written
and oral communication skills': read and interpret data, information and documents,-, analyze and solve problems-, use math
and mathematical reasoning learn and apply new skills and information perform highly detailed work on multiple, concurrent
tasks,-, and interact with Village staff and other organizations..
BryanCook
Print Name Digitally signed by Bryan
Cook
Bryan CookDate 2023.08.04
16:01:43-04'00'
Signature
Date
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4180
RESOLUTION NO.23-08-76
A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA,
VILLAGE OF ISLANDS, FLORIDA, APPROVING THE
APPOINTMENT OF BRYAN COOK AS INTERIM VILLAGE
MANAGER; APPROVING AND AUTHORIZING THE EXECUTION
OF THE EMPLOYEE INTERCHANGE AGREEMENT WITH MONROE
COUNTY, FLORIDA PERMITTING BRYAN COOK TO SERVE AS
INTERIM VILLAGE MANAGER; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS,Islamorada, Village of Islands (the"Village"), is a duly constituted municipality
having such power and authority conferred upon it by the Florida Constitution and Chapter 166,
Florida Statute; and
WHEREAS, Section 7(3) of the Village Charter requires that there shall be a Village Manager
who will be the chief administrative officer of the Village; and
WHEREAS, at the meeting on July 27, 2023, Monroe County, Florida ("County') offered to
permit its employee, Bryan Cook ("Mr. Cook'), to serve as the Village's Interim Village Manager
pursuant to an Employee Interchange Agreement("Agreement')governed by Section 112.24, etseq.,
Florida Statutes,and
WHEREAS,the Village Council finds that approval of the Agreement and appointment of Mr.
Cook as Interim Village Manager is in the best interest of the Village and its residents; and
WHEREAS,the Village Council approves and authorizes the execution of the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF ISLAMORADA,
VILLAGE OF ISLANDS, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and incorporated into this
Resolution by this Reference.
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r
Section 2. Approval of Appointment. The Village Council hereby approves the
appointment of Mr. Cook as Interim Village Manager. Mr. Cook's appointment shall be effective
August 7,2023.
Section 3. Approval of Agreement. The Village Council finds that the Agreement
with the County, attached hereto as Exhibit"A", is reasonable and appropriate. The Village Council
hereby approves the Agreement.
Section 4. Execution of Agreement. The Mayor is hereby authorized to execute the
Agreement with the County on behalf of the Village, to execute any required documents to
implement the terms and conditions of the Agreement, subject to approval as to form and legality
by the Village Attorney.
Section S. Effective Date. This Resolution shall become effective immediately upon its
adoption.
Remainder of this page intentionally left blank.
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Motion to adopt by C, seconded by
FINAL VOTE AT ADOPTION
VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS
Mayor Joseph B. Pinder III L
Vice Mayor Sharon Mahoney c,
Councilman Mark Gregg Y C
Councilwoman Elizabeth Jolin YC
Councilman Henry Rosenthal N'
PASSED AND ADOPTED THIS DAY OF C, 2023.
fIrIEPH B. PINDER III, MAYOR
ATTEST:
MARNE MCGRAT'i4,-V' I"GE CLERK
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF
ISLAMORADA, VI GE OF ISLANDS:
V,
JOH�f. LICK, VILLAGE ATTORNEY
ik./"
'Pq
Fv Wu
0 F
Nk
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