4th Amendment 03/20/2024 DocuSign Envelope ID:OB8A54E4-6D74-410D-BE80-815A191AF54B
RESOLUTION NO. 24-03-25
A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA,
VILLAGE OF ISLANDS, FLORIDA, APPROVING AN AMENDMENT
OF THE EMPLOYEE INTERCHANGE AGREEMENT WITH MONROE
COUNTY, FLORIDA;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, at the meeting on August 3, 2023, the Village Council passed Resolution 23-08-
76 which approved the Agreement and appointed Mr. Cook as Interim Village Manager; and
WHEREAS, at the meeting on September 28,2023,the Village Council passed Resolution 23-
09-111 which approved the First Amendment to the Agreement ("First Amendment") which, inter
a/ia, replaced Mr. Cook as Interim Village Manager with Ed Koconis ("Mr. Koconis"); and
WHEREAS, at the meeting on November 7, 2023, the Village Council passed Resolution 23-
11-122 which approved the Second Amendment to the Agreement ("Second Amendment") which,
interaiia, replaced Mr. Koconis as Interim Village Manager with Kimberly Matthews ("Ms. Matthews')
effective January 8, 2024. Resolution 23-11-122 also approved the appointment of Maria Bassett to
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serve as Acting Village Manager from December 7, 2023—January 7, 2024; and
WHEREAS, at the meeting on February 15, 2024, the Village Council passed Resolution 24-
02-14 which approved the Third Amendment to the Agreement ("Third Amendment") which, inter
a/ia, extend the Agreement for an additional sixty (60) days through May 8, 2024; and
WHEREAS, the Agreement and subsequent amendments list the title being filled as Interim
Village Manager, and
WHEREAS, with the hiring of Robert Cole to serve as Village Manager,the Agreement needs
to be updated to reflect a different role and title for Ms. Matthews while serving in her capacity with
the Village; and
WHEREAS, the Village Council finds that amendment of the Agreement to change the title
from "Interim Village Manager'to "Advisor to the Council and the Manager" is in the best interest of
the Village and its residents; and
WHEREAS, the Village Council finds that amendment of the Agreement to change the end
date of the Agreement from May 8, 2024 to April 5, 2024 at 5:00 p.m. is in the best interest of the
Village and its residents; and
WHEREAS, the Village Council approves and authorizes the Fourth Amendment to the
Agreement("Fourth Amendment") (attached as Exhibit"A"); and
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.
Section 2. Approval of Agreement. The Village Council finds that the Fourth
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DocuSign Envelope ID:OB8A54E4-6D74-41OD-BE80-815A191AF54B
Amendment is reasonable and appropriate. In accordance with the agreement of the parties, the
Village Council hereby approves the Fourth Amendment.
Section 3. Execution of Agreement. The Mayor is authorized to execute the Fourth
Amendment on behalf of the Village, to execute any required agreements and/or documents to
implement the terms and conditions of the Agreement,subject to the approval as to form and legality
by the Village Attorney.
Section 4. Effective Date. This Resolution shall become effective immediately upon its
adoption.
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DocuSign Envelope ID:OB8A54E4-6D74-410D-BE80-815A191AF54B
Motion to adopt by M. Gregg, seconded by E. John.
FINAL VOTE AT ADOPTION
VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS
Mayor Joseph B. Pinder III Yes
Vice Mayor Sharon Mahoney Yes
Councilman Mark Gregg Yes
Councilwoman Elizabeth Jolin Yes
Councilman Henry Rosenthal Yes
PASSED AND ADOPTED THIS 12th DAY OF MARCH, 2024.
LDocuSigned by:
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FEE •E
JOSEPH B. PINDER III, MAYOR
ATTEST:
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ADoc'un,S.igned by: J�� �}��/�ayvo- �. At v'ru�l`n+
MARNE MCGRATH, VILLAGE CLERK
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF
ISLAMORADA, VILLAGE OF ISLANDS:
DocuSigned by:
�'F�Yk�F-CtiD'
GE JOHN J. QUICK, VILLA ATTORNEY
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DocuSign Envelope ID:OB8A54E4-6D74-41OD-BE80-815A191AF54B
FOURTH AMENDMENT TO
EMPLOYEE INTERCHANGE AGREEMENT
(ISLAMORADA, VILLAGE OF ISLANDS)
THIS FOURTH AMENDMENT TO EMPLOYEE INTERCHANGE AGREEMENT
(hereinafter "Amendment") is made and entered 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, 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, on October 4, 2023, the Agreement was amended to extend the Agreement by
up to an additional sixty(60)days, through December 6, 2023, and also to assign Ed Koconis to serve
as the Interim Village Manager in place of Bryan Cook; and
WHEREAS, on November 16, 2023, the Agreement was amended a second time to extend
the Agreement through March 8, 2024; to assign Kimberly Matthews, Senior Director of Strategic
Planning & Director of Library for Monroe County, to serve in the position as Interim Village
Manager beginning on January 8, 2024; and also to shorten the termination time period upon mutual
agreement if a suitable replacement candidate is found to serve as Interim Village Manager or
permanent Village Manager prior to expiration of the term of the Agreement as extended; and
WHEREAS, on or about February 26, 2024, the Parties approved a Third Amendment, to
extend the Agreement until May 8, 2024 while the Village was continuing its search for a Village
Manager; and
WHEREAS, the Village anticipates the hiring of a new Village Manager, and wishes to
amend the Agreement in order to modify the job title and job description of the County employee
assigned to assist the Village in order to have the position provide general advice, counseling, and
assistance during the transition period as well as advice regarding some strategic planning issues for
the Village; and
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DocuSign Envelope ID:OB8A54E4-6D74-41OD-BE80-815A191AF54B
WHEREAS, the Parties also wish to amend the Interchange Agreement in order to provide
an earlier termination date of April 5, 2024.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the Parties agree as follows:
RECITALS
1. Paragraph(1) of the Agreement("Purpose")is revised to read as follows:
PURPOSE. The purpose of this Agreement is to allow for the assignment of Kimberly
Matthews ("Matthews") to serve as Advisor to the Council and the Manager during
the transition period while the new Village Manager selected by the Village is being
onboarded and beginning his duties.
2. Paragraph(4) of the Agreement('Duties")is revised to read as follows:
DUTIES: Matthews shall provide general advice, counseling, and assistance during
the transition period as well as advice regarding some strategic planning issues for the
Village. Matthews shall continue to comply at all times with Chapter 112, part III
(Section s112.311 et seq.) of the Florida Statutes, and the Florida Code of Ethics, as
set forth in Section 2-52 of the Islamorada Code of Ordinances.
3. Pursuant to paragraph (3) of the Agreement (Term of Agreement), the term of the
Employee Interchange Agreement shall end at 5:00 p.m. on April 5, 2024.
4. In all other respects, all terms and conditions set forth in the Agreement as amended
remain unchanged and in full force and effect.
5. This Amendment shall be effective upon the date last signed by the Parties below.
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DocuSign Envelope ID:OB8A54E4-6D74-41OD-BE80-815A191AF54B
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement as of the
dates signed below.
Approved as to form and legal sufficiency for BOARD OF COUNTY COMMISSIONERS
Monroe County, only: OF MONROE COUNTY, FLORIDA
By:
Cyndiia L. Hall, Sr. Ass't County Attorney Kevin . Wilson, Acting County Administrator
Date:
Approved as to form and legal sufficiency for
the use of the Village Council only: ISLAMORADA, VILLAGE OF ISLANDS
DocuSigned by: DocuSigned by:
362BFAA7FnDD417 By: F&EB3{ 88E;zQ4EF...
John J. Quick, Village Attorney Joseph B. Pinder, III, Mayor
Date: 3/20/2024
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