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Item S2 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Monday, September 9, 2024 9:55 AM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit; Hunt-Kacey Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Beyers-John; Powell-Barbara Subject: Add On item S2 BOCC 09/11/2024 Attachments: S2 EMPLOYMENT_AGREEMENT_Hurley_County_Administrator_9.6.2024.docx; AIS 3030 S2.pdf Importance: High Good Morning, Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda: "Approval ofEmployment Agreement between Monroe County, Florida, and Christine Hurley,for the position of County Administrator; request for waiver of Section 7.08 of the Monroe County Personnel Policies & Procedures Manual in order to allow Hurley to import accrued leave balances from the Land Authority; request for waiver of Section 4.08(F)(4) of the Monroe County Personnel Policies & Procedures Manual (PPPM) in order allow Hurley to be eligible to receive merit increase prior to end of one-year probation period. " The Agenda Item Summary is attached.Once approved,this will be considered Add On Item S2. Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r o n r y e c_ u�n1y:�:V_e.gpy gqjz..- Y .�.. _rn groecou�_n�.Y..-.�..:. .Y. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 2 S2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting September 11, 2024 Agenda Item Number: S2 2023-3030 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall n/a AGENDA ITEM WORDING: Approval of Employment Agreement between Monroe County, Florida, and Christine Hurley, for the position of County Administrator; request for waiver of Section 7.08 of the Monroe County Personnel Policies & Procedures Manual in order to allow Hurley to import accrued leave balances from the Land Authority; request for waiver of Section 4.08(F)(4) of the Monroe County Personnel Policies &Procedures Manual(PPPM) in order allow Hurley to be eligible to receive merit increase prior to end of one-year probation period. ITEM BACKGROUND: The position of County Administrator has traditionally been subject to an employment agreement between the County and the person occupying the position. The agreement spells out the terms and conditions for the employment. Section 4.08(F)(4) of the Monroe County Personnel Policies & Procedures Manual(PPPM) states: "An employee shall be eligible for consideration for a merit increase during the budget preparation period after completion of their probation period." The probation period is one year. The proposed contract requests a COLA and merit increase on 10/1/2024, in lieu of the COLA/merit that would have been awarded under the Land Authority agreement. Approval of the contract therefore requires waiver of Section 4.08(F)(4) of the PPPM. Section 7.08 of the PPPM ("Transfer of Leave") states: "An employee who resigns from any entity or organization to accept a position with the county will not be credited with hours of unused sick or annual leave which was accrued while employed by that entity or organization." The proposed contract requests that Hurley be allowed to bring accrued but unused sick and annual leave over from the Land Authority. Approval of the contract therefore requires waiver of Section 7.08 of the PPPM. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: 1 No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: EMPLOYMENT AGREEMENT Hurley County Administrator 9.6.2024.docx FINANCIAL IMPACT: $289,000 in base salary + employment benefits. 2 EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY FLORIDAAND CHRISTINE HURLEY FOR POSITION OF COUNTY ADMINISTRATOR THISAGREEMENT is entered into on the 11 t"day of September,2024,by and between Monroe County Florida (hereinafter "County") acting through its Board of County Commissioners (hereinafter "BOCC") a political subdivision of the State of Florida, whose main business address is 1100 Simonton Street, Key West, 33040 and Christine Hurley (hereinafter "Hurley"), whose present residence address is 296SS Constitution Avenue, Big Pine Key, Florida, 33043. WHEREAS the BOCC is currently operating under the administration of an Acting County Administrator;and WHEREAS, Hurley is currently the Executive Director of the Monroe County Comprehensive Plan Land Authority and previously she was Assistant County Administrator and Growth Management Division Director,serving Monroe County for almost 1 S years;and WHEREAS, on September4, 2024,the BOCC gave direction to negotiate contract terms with Hurley to be confirmed as County Administrator(hereinafter"Administrator");and WHEREAS negotiations between BOCC and Hurley have resulted in this mutually acceptable Employment Agreement. NOWTHEREFORE IN CONSIDERATION of the covenants and promises contained herein the PARTIES hereby agree as follows: 1. EMPLOYMENT. Christine Hurley is hereby employed by the County as County Administrator for Monroe County Florida. 2. FULL TIME EMPLOYMENT County and Administrator agree that the position of County Administrator will be a full-time position. Work hours performed, annual leave, personal leave, and sick leave hours taken will be documented in the same manner as other BOCC employees using Workday and other forms provided by the County. 3. DUTIES OF ADMINISTRATOR A. Administrator will perform the duties of County Administrator as provided for in Sections 125.70 through 125.74, Florida Statutes, known as the"County Administration Law of 1974"; all duties required by other applicable provisions of Florida law; 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. Additionally, Administrator shall perform those duties, functions, and assignments which may from time to time be directed by the BOCC. C. Duties shall be performed in a professional, respectful, and timely manner and in accordance with the highest standards of ethical behavior established by the Code of Ethics of the International City/County Manager Association,Part III of Chapter 112,Florida Statutes 1 entitled Code of Ethics for Public Officers and Employees,and the Code of Ethics contained in the Monroe County Personnel Policies&Procedures Manual. D. Administrator understands and agrees her duties underthis Agreement will require herto routinely work varied hours in excess of the normal County workday, and the hours worked shall be consistent with the needs of the position of the County. Administrator shall not receive overtime compensation for hours worked in excess of forty (40) per week, including work done pre or post-disaster, including but not limited to hurricanes. E. Nothing in this Agreement or in the BOCC's policies, rules,and procedures will limit the Administrator's right to make passive financial investments, to participate in charitable service,orworkwith charitable organizations and othercommunity activities,includingtrade and professional organizations; or to undertake other activities which do not interfere with the performance of the Administrator's duties under this Agreement,it being mutually agreed that the Administrator's participation in such activities is of such benefit to the BOCC and the County. However,the Administratorwill not serve as the officer or director of any organization or entity without the prior express written approval of the BOCC. F. The Administrator will be reasonably available to BOCC members and key County staff twenty-four(24)hours per day.Such availability will be by telephone or electronic messaging or in person. G. Due to the nature of the Administrator's duties and the requirements of the position, interference with the Administrator's private life is to be expected and it is recognized that Administrator may from to time absent herself during normal business hours for personal reasons; however, Administrator shall remain reasonably available to Board members and key BOCC staff, by telephone or other electronic means. 4. SOLE EMPLOYMENT. 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 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 BOCC. It is the intent that Administrator's attentions will be devoted solely to County related duties and obligations. However, Administrator may consult with the Land Authority in order to provide information and assistance as she transitions from Land Authority up to ten percent(10%)of hertotal hours per week, through the end of calendar year 2024. In addition, from time to time, the Administrator may provide informal advice and consultation to other municipalities, government agencies, and state and federal agencies in Monroe County and South Florida, including but not limited to serving on selection committees and other panels within those entities. It is agreed that such endeavors foster the stature of Monroe County and further collegial relations with these entities and shall be allowed. S. 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,Administrator will not personally appear on behalf of another person or entity for compensation before the BOCC sitting in its legislative or quasi- 2 judicial capacity, unless Administrator is appearing on behalf of another governmental agency. Additionally,Administrator agrees that for a period of twenty-four(24)months from the effective date of termination or cancellation of this Agreement,Administrator 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 maybe waived by a majority vote of the BOCC at a public meeting. 6. DISCLOSURE OF FINANCIAL INTERESTS. Section 112.3145 Florida Statutes requires financial disclosure by a local officer and subsection (1)(a)(3) defines local officer to include any person holding one or more of the following positions... county... manager; chief administrative employee of a county....". Administrator agrees to make such disclosures on such forms and at such times as may be required by state law. 7. TERM OF AGREEMENT;TERMINATION; CANCELLATION; GENERAL RELEASE. A . Normal Term of Agreement. The normal term of this agreement shall be for a period of approximately forty-eight(48)months commencing at 8:00 AM on the 12th day of September 2024 and ending at 5:00 PM on the 301"day of September,2028. B. Extension of Normal Term. This Agreement may be renewed for additional periods by written agreement executed by both parties, unless either the BOCC or the Administrator gives the other notice of its or her intent to 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 prior to the expiration of any renewal term year as applicable.Once either party gives written notice under this section of this Agreement,the Agreement will not be modified or extended except as may be mutually agreed, in writing, by and between the BOCC and the Administrator. C.Termination of Agreement by BOCC for Cause. This Agreement may be terminated by the BOCC for cause only, by majorityvote of the BOCC at a public meeting,duly noticed and held at least fifteen (1 S)days prior to the date on which the agenda for the BOCC is prepared that contains the item of termination to be acted upon. BOCC shall provide to the Administrator a detailed written statement of the reason or reasons for which termination is being sought. The statement will include, but not be limited to, 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 dates,time or times,and location or locations.As used in this Section 7,"for cause"will mean (a)dishonesty 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 which investigation is conducted by or at the express direction of the BOCC,the State Attorney or any federal or state agency with jurisdiction over the matter under investigation; (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 relating to the powers duties or privileges of County Administrator;(g)violation of a provision of the Monroe County Code;(h) repeated or egregious violation of County policies adopted in writing by the BOCC; and (i) breach of any material term or condition of this Agreement by the Administrator. In the event that the Administrator prevails in any litigation challenging his termination for cause, she 3 shall receive from the BOCC her reasonable attorney's fees, costs, of litigation and related expenses both at the trial and appellate levels. D. Termination of Agreement by Administrator for Breach by BOCC.This Agreement may be terminated by Administrator upon a breach of this Agreement by the BOCC, provided the BOCC has not cured the breach within thirty 30 days following the notice of the breach. If the breach has not been cured, termination will be effective on the thirty first day following receipt of written notice from the Administrator by the BOCC. Upon termination of this Agreement due to breach by the BOCC the Administrator shall be entitled to receive the prospective benefits as if this Agreement had been cancelled by the BOCC. E. Termination of Agreement by Normal Expiration.This Agreement shall terminate upon its normal expiration date as stated in Subsection 7.A unless renewed under the terms of Sub- section 7.13. F. Cancellation of Agreement by BOCC.The BOCC may cancel this Agreement without cause effective thirty (30) days after giving written notice to the Administrator. 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 the cancellation, the Administrator will be entitled to receive from the County and within fifteen 1 S days will be paid by the BOCC a sum equal to the cost of three months health insurance premiums for employee coverage only,plus,a sum equal to 20 weeks salary. The Administrator shall not be eligible to receive severance pay if she has been discharged for misconduct as defined in F.S. 433.036(29) or for cause as defined in Paragraph 7C of this agreement as amended. i. General Release. Upon timely payment by the BOCC of the sum required for cancellation without cause, the Administrator 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 Administrator has had or may have related to the Agreement and the 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 County Administrator. This Agreement will be terminated upon the effective date of resignation by the Administrator. In the event that the Administrator does not give at least sixty 60 days written notice,to the BOCC of his effective date of Resignation, Administrator shall forfeit the pay of accrued sick and personal leave which shall not be a penalty but shall be considered as compensation to the BOCC to be used at the discretion of the BOCC for the costs and expenses of hiring an interim administrator or replacement administrator. The previous sentence shall not apply if the Administrator is incapacitated or physically unable to perform the duties of the Administrator. This section shall survive the termination or cancellation of this Agreement. H.Abolishment of Position of County Administrator. If the BOCC takes such action as to 4 lawfully abolish the position of County Administrator 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 by cancellation by the BOCC 8. SALARY. As partial consideration for the agreements and services to be performed by the Administrator for the benefit of the BOCC and County as contained elsewhere in this Agreement the County will pay to the Administrator an annual salary of TWO HUNDRED EIGHTY-NINE THOUSAND DOLLARS($289,000.00). The salary shall be increased thereafter according to the County policy of cost of living and merit increases provided to other County employees; however, because the Administrator has been a long-term County employee who also served as Executive Director of the Monroe County Comprehensive Plan Land Authority, she will be eligible for cost of living and merit increases on October 1, 2024, as she is not a new employee and should not be required to be employed in the position of County Administrator for a year, priorto a salary increase. 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. Administrator shall be entitled to social security benefits, health/medical, dental, vision, accidental death, dismemberment, short term disability, and life insurance coverage under County group policies and any other benefits offered to other County employees. The County shall pay the premiums required for single coverage for the benefits listed in this section for the Administrator, for the plan(s) selected by the Administrator, and the Administrator shall be responsible for the premiums required for dependent coverage.The Administrator's date of employment for the purposes of benefits shall be the date the Executive Director began employment originally with the County and all accrued benefits earned during employment with the County and employment with the Land Authority shall be transferred to the County with accrual of sick and vacation time being transferred to the County. C. The Administrator shall be entitled to receive the same holidays as the County's non-union employees. 9. TRANSPORTATION. County will provide a County vehicle. Administrator agrees that she will drive the vehicle to work throughout the County. Administrator may transport consultants, professionals doing business with the County,and/or other County employees. County will pay for all maintenance and long-term replacement of vehicle as needed. Administrator will not use car for personal use; however,she may stop for sustenance,accordingto County Personnel Policies&Procedures Manual and the applicable Administrative Instruction. 10. TRAVEL REIMBURSEMENT. The County agrees to pay to or reimburse the Administrator for the meals, other expenses, and lodging incurred by the Administrator for travel inside and outside the County by any mode other than motor vehicle that may be necessary, required, or appropriate in fulfillingtheAdministrator's duties and responsibilities under this Agreement. Meals,expenses other than mileage, 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. At its sole discretion and upon request by the Administrator,the BOCC may authorize the reimbursement of the Administrator's actual expenditures where documented evidence is provided detailing the actual expenses incurred. No mileage will be reimbursed since County is providing County vehicle for Administrator use. S 11. FLORIDA RETIREMENT SYSTEM. At all times herein relevant, the BOCC will contribute such amounts as are required by the Florida Retirement System, law, and any other applicable law or statute. The BOCC agrees that the position of County Administrator will be a position classified as and eligible forthe benefits provided underthe Senior Management Service Class in accordance with Section 112.OSS Florida Statutes. The County will contribute such amounts at such times as is required by the Florida Retirement System law and any other applicable law or statute. If the County Administrator enters into the DROP program, the BOCC will no longer contribute to the FRS, since entering DROP ends contributions. 12. PROFESSIONAL MEMBERSHIPS.The Administrator shall, at a minimum, maintain membership in the following professional organizations and interest groups: International City/County Managers Association (ICMA), Florida Association of Counties (FAC), and American Institute of Certified Planners (AICP). All dues, license fees, certification maintenance, and costs for obtaining and maintaining the memberships delineated above will be paid for by the County. 13. LOCAL LIAISONS AND MEMBERSHIPS. The Administrator shall establish and maintain liaisons with his counterparts in local governmental and public agencies located within the geographical limits of Monroe County and/or South Florida and with such agencies of the State of Florida and the Federal Government as may be appropriate and desirable. 14 OFFICE SPACE OFFICE STAFF AND SUPPORTING SERVICES A. Office Space.The BOCC will provide office space for the Administrator at the Historic Gato Cigar Factory Building at 1100 Simonton Street Key West Florida and this space will be the primary office for the Administrator. Further,an office at the Key Largo Murray Nelson Center and Marathon Government Center will be provided, if desired by Administrator, as satellite office space while traveling and working throughout the County. B. Staff. The BOCC will provide qualified and trained staff to assist the Administrator in efficiently, productively,and professionally meeting the mission,goals,and objectives of the office of the County Administrator and the duties of Administrator. C. Supporting Services.The BOCC will provide utilities,telephone service,computer hardware (including a laptop, charging stations at each office location and an Ipad or other related devices to improve efficiency), software, electronic research, e-mail services, world wide web and internet access, books and subscriptions, periodicals, office supplies, photocopy and scanning equipment, county web and social media presence, server access, storage space, postage, office equipment, furniture, and other similar materials, equipment, and services,as may be necessary forthe proper,productive and efficient operation of the County Administrator s office. 1 S ANNUAL LEAVE,SICK LEAVE, PERSONAL LEAVE,TRANSFER OF LEAVE A. The Administrator will earn and be credited with annual leave at a rate per month equal to the highest rate earned by any other employees or officers of the BOCC. The Administrator may accumulate annual leave without limit and no unused annual leave shall be forfeited due to nonuse or any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. Upon termination of this contract under Section 7.D.; 7.E.; 7.F.; 7.G.;and 7.H.Administrator shall be paid for 100%of accrued annual leave. 6 B. The Administrator will earn and be 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 Administrator may accumulate sick leave without limit and no unused sick leave shall be forfeited due to or any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. Additionally, the Administrator shall have the option of joining and receiving the benefits of the Monroe County Sick Leave Pool in accordance with the policies and procedures that are applicable and in effect. Upon termination of this contract under Section 7.D.;7.E.;7.F.;7.G.; and 7.H.Administrator shall be paid for 100%of accrued sick leave. C. Due to the extraordinary hours typically worked by a County Administrator,the Administrator will be credited with ten(10)days of paid personal leave each year commencing with the date of September 12,2024 and each anniversary of that date thereafter.Such leave maybe used by the Administrator at his discretion and maybe accumulated without limit except that any accrued such leave shall not be included in final payment when this agreement terminates for any reason. 16. PARTICIPATION IN EDUCATIONAL AND COUNTY RELATED EVENTS.The BOCC agrees to budget for and to pay the costs incurred by the Administrator in attending seminars, continuing education courses, BOCC and County related events, and out of county meetings as may be necessary or appropriate to the Administrator's duties and responsibilities under this Agreement. 17. EMPLOYMENT BENEFITS. A. Cell Phone, Laptop, Computer Equipment. The BOCC agrees to provide a cell phone of its choice with a carrier of its choice to the Administrator and shall provide a laptop computer, associated docking stations at each office location of its choice to Administrator.The costs of acquisition, use, upgrade,and other expenses related to the supplying and use of the cell phone and laptop computer and associated software,shall be paid for by the BOCC. B. Insurance Benefits. The BOCC shall provide and pay for the following additional benefits as detailed in Sectoin 8.13. Health/Medical, Dental, Vision, accidental death, dismemberment, short term disability, and life insurance coverage in the same amount as non-union employees, and Related Benefits. The Administrator shall be responsible for the premiums required for dependent coverage. C. Holiday Benefits.The Administrator will receive the same paid holidays as the County's non- union employees receive. D. Other Customary Benefits.The Administrator 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. 18. INDEMNIFICATION AND COOPERATION 7 A. Indemnification.The BOCC agrees to defend hold harmless and indemnify the Administrator against any tort, professional liability,or other legal demand,claim,or action which is related directly or indirectly to the Administrator's action in her capacity as County Administrator. B. Cooperation. In the event of actual or threatened litigation, administrative proceedings, or grand jury investigations involving the BOCC or the County, which arises out of an action or actions which occurred or are alleged to have occurred while the Administrator was acting in the capacity of County Administrator,the Administrator will cooperate with the BOCC and its counsel in defending and resolving the litigation or proceedings. In such regard the BOCC agrees to pay the Administrator'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,even after the Administrator separates from employment by the County. i. The Administrator 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 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 this Agreement,such as in the case of settlement or to reach an amicable solution. ii. The Administrator 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 by law to do so. iii. The restrictions, prohibitions,and conditions set forth in Section 18.B.i and ii.will not be applicable in instances where one or more governmental entity, with jurisdiction over a claim or a violation of law are involved. 19. GOVERNING LAW ATTORNEYS 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. 20. FORM OF AGREEMENT This is the entire agreement between the BOCC and the Administrator and may not be modified oramended except by a written document signed bythe 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 singularwill includethe pluralthe pluralwill include the singular and pronouns will be read as masculine feminine or neuter as the context requires. 21. PERFORMANCE EVALUATION.A review and performance evaluation of the Administrator may be conducted as often as the BOCC may deem appropriate; but at a minimum shall be conducted annually at the same time as County non-union employee evaluations are conducted. 22. OTHER TERMS AND CONDITIONS. A. If any provision 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, 8 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 of the Administrator 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 orviolation by the other party C. This Agreement shall be binding upon and shall inure to the benefit of the heirs or estate of the Administrator. D. Should the Administrator 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 Administrators 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 Administrator 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 everyterm condition covenantand provision of this Agreement shall be construed simply accordingto 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 BOCC and the Administrator and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. 9 WHEREFORE,the parties hereto have signed and sealed this agreement on the date first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS OF Attest: KEVIN MADOK, Clerk MONROE COUNTY By: _ By: As Deputy Clerk Mayor/Chairperson Witnesses: Print Name: CHRISTINE HURLEY By: Print Name: 10 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Monday, September 9, 2024 3:26 PM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit; Hunt-Kacey Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Beyers-John; Powell-Barbara Subject: RE: Add On item S2 BOCC 09/11/2024 Attachments: EMPLOYMENT_AGREEMENT_Hurley_County_Administrator.pdf Please see the updated agreement.Thank you! **** From: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov> Sent: Monday, September 9, 2024 9:55 AM To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides <County_Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock <phancock@monroe-clerk.com>; Senior Management Team and Aides <Senior_Management_Team_and_Aides@ Mon roecounty-fl.gov>; Liz Yongue<eyongue@monroe-clerk.com>; 'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>; Hunt-Kacey<Hunt- Kacey@ Mon roeCounty-FL.Gov> Cc: Shillinger-Bob<ShiIIinger-Bob@ Mon roeCounty-FL.Gov>;Williams-Jethon <Williams-Jethon@MonroeCounty- FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>; Live ngood-Kristen <Livengood- Kristen@ Mon roeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@ Mon roeCounty-FL.Gov>; Pam Radloff <pradloff@monroe-clerk.com>; County_Attorney<Cou nty_Attorney@ Mon roeCou nty-FL.Gov>;Allen-John <Allen- John@MonroeCounty-FL.Gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Hurley-Christine<Hurley- Christine@MonroeCounty-FL.Gov>; Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza- Dina@MonroeCounty-FL.Gov>; Beyers-John <Beyers-John@MonroeCounty-FL.Gov>; InternalAudit@monroeclerkFL.onmicrosoft.com;Valcheva-Svilena <Valcheva-Svilena@MonroeCounty-FL.Gov>; Beyers- John <Beyers-John@MonroeCounty-FL.Gov>; Powell-Barbara <Powell-Barbara@MonroeCounty-FL.Gov> Subject:Add On item S2 BOCC 09/11/2024 Importance: High Good Morning, Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda: "Approval ofEmployment Agreement between Monroe County, Florida, and Christine Hurley,for the position of County Administrator; request for waiver of Section 7.08 of the Monroe County Personnel Policies & Procedures Manual in order to allow Hurley to import accrued leave balances from the Land Authority; request for waiver of Section 4.08(F)(4) of the Monroe County Personnel Policies & Procedures Manual (PPPM) in order allow Hurley to be eligible to receive merit increase prior to end of one-year probation period. " The Agenda Item Summary is attached.Once approved,this will be considered Add On Item S2. 1 Sincerely, /.;l Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public vier o n rye c_ u�n jy-�:V_e.gpy i». _ z..- _u`Y _ .�.. _rn nroecou�_nt.Y..-.�..:.i»gy. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 2 EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY FLORIDA AND CHRISTINE HURLEY FOR POSITION OF COUNTY ADM INISTRATOR THIS AGREEMENT is entered into on the 11"day of September,2024, by and between Monroe County Florida (hereinafter "County") acting through its Board of County Commissioners (hereinafter "BOCC") a political subdivision of the State of Florida, whose main business address is 1100 Simonton Street, Key West, 33040 and Christine Hurley (hereinafter "Hurley"), whose present residence address is 29655 Constitution Avenue, Big Pine Key, Florida, 33043. WHEREAS the BOCC is currently operating under the administration of an Acting County Administrator; and WHEREAS, Hurley is currently the Executive Director of the Monroe County Comprehensive Plan Land Authority and previously she was Assistant County Administrator and Growth Management Division Director, serving Monroe Countyfor almost 15 years; and WHEREAS, on September 4, 2024, the BOCC gave direction to negotiate contract terms with Hurley to be confirmed as County Administrator(hereinafter"Administrator"); and WHEREAS negotiations between BOCC and Hurley have resulted in this mutually acceptable Employment Agreement. NOWTHEREFORE IN CONSIDERATION of the covenants and promises contained herein the PARTIES hereby agree as follows: 1. EMPLOYMENT. Christine Hurley is hereby employed by the County as County Administrator for Monroe County Florida. 2. FULL TIME EMPLOYMENT County and Administrator agree that the position of County Administrator will be a full-time position. Work hours performed, annual leave, personal leave, and sick leave hours taken will be documented in the same manner as other BOCC employees using Workdayand otherforms provided bythe County. 3. DUTIES OFADMINISTRATOR A. Administrator will perform the duties of County Administrator as provided for in Sections 125.70 through 125.74, Florida Statutes, known as the"County Administration Lawof 1974"; all duties required by other applicable provisions of Florida law; 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. Additionally, Administrator shall perform those duties, functions, and assignments which may from time to time be directed by the BOCC. C. Duties shall be performed in a professional, respectful, and timely manner and in accordance with the highest standards of ethical behavior established by the Code of Ethics of the International City/County Manager Association, Part III of Chapter 112, Florida Statutes 1 entitled Code of Ethics for Public Officers and Employees, and the Code of Ethics contained in the Monroe County Personnel Policies&Procedures Manual. D. Administrator understands and agrees her duties under this Agreement will require her 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 of the County. Administrator shall not receive overtime compensation for hours worked in excess of forty (40) per week, including work done pre or post-disaster, including but not limited to hurricanes. E. Nothing in this Agreement or in the BOCC's policies, rules, and procedures will limit the Administrator's right to make passive financial investments, to participate in charitable service,orworkwith charitable organizations and other community activities,includingtrade and professional organizations; or to undertake other activities which do not interfere with the performance of the Administrator's duties underthis Agreement, it being mutuallyagreed that the Administrator's participation in such activities is of such benefitto the BOCC and the County. However,the Administratorwill not serve as the officer or director of any organization or entity without the prior express written approval of the BOCC. F. The Administrator will be reasonably available to BOCC members and key County staff twenty-four(24) hours per day. Such availability will be by telephone or electronic messaging or in person. G. Due to the nature of the Administrator's duties and the requirements of the position, interference with the Administrator's private life is to be expected and it is recognized that Administrator may from to time absent herself during normal business hours for personal reasons; however, Administrator shall remain reasonably available to Board members and key BOCC staff, by telephone or other electronic means. 4. SOLE EMPLOYMENT. 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 she will not perform anywork,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 Administrator's attentions will be devoted solely to County related duties and obligations. However, Administrator may consult with the Land Authority in order to provide information and assistance as she transitions from Land Authority up to ten percent(10%)of her total hours per week, through the end of calendar year 2024. In addition, from time to time, the Administrator may provide informal advice and consultation to other municipalities, government agencies, and state and federal agencies in Monroe County and South Florida, including but not limited to serving on selection committees and other panels within those entities. It is agreed that such endeavors foster the stature of Monroe County and further collegial relations with these entities and shall be allowed. 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,Administrator will not personally appear on behalf of another person or entity for compensation before the BOCC sitting in its legislative or quasi- 2 judicial capacity, unless Administrator is appearing on behalf of another governmental agency. Additionally,Administrator agrees that for a period of twenty-four(24) months from the effective date of termination or cancellation of this Agreement,Administrator 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 majorityvote of the BOCC at a public meeting. 6. DISCLOSURE OF FINANCIAL INTERESTS. Section 112.3145 Florida Statutes requires financial disclosure by a local officer and subsection (1)(a)(3) defines local officer to include any person holding one or more of the following positions... county... manager; chief administrative employee of a county....". Administrator agrees to make such disclosures on such forms and at such times as may be required by state law. 7. TERM OF AGREEMENT;TERMINATION; CANCELLATION; GENERAL RELEASE. A . Normal Term of Agreement. The normal term of this agreement shall be for a period of approximately forty-eight(48) months commencing at 8:00 AM on the 12th day of September 2024 and ending at 5:00 PM on the 30t"day of September, 2028. B. Extension of Normal Term. This Agreement may be renewed for additional periods by written agreement executed by both parties, unless either the BOCC or the Administrator gives the other notice of its or her intent to 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 prior to the expiration of any renewal term year as applicable.Once either party gives written notice under this section of this Agreement,the Agreement will not be modified or extended except as may be mutually agreed, in writing, by and between the BOCC and the Administrator. C.Termination of Agreement by BOCC for Cause. This Agreement may be terminated by the BOCC for cause only, by majority vote of the BOCC at a public meeting,duly noticed and held at least fifteen (15)days prior to the date on which the agenda for the BOCC is prepared that contains the item of termination to be acted upon. BOCC shall provide to the Administrator a detailed written statement of the reason or reasons for which termination is being sought. The statement will include, but not be limited to, 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 dates,time or times, and location or locations.As used in this Section 7,"for cause"will mean (a)dishonestywith 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 Countywhich investigation is conducted by or at the express direction of the BOCC, the State Attorney or any federal or state agency with jurisdiction over the matter under investigation; (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 relating to the powers duties or privileges of County Administrator; (g)violation of a provision of the Monroe County Code; (h) repeated or egregious violation of County policies adopted in writing by the BOCC; and (i) breach of any material term or condition of this Agreement by the Administrator. In the event that the Administrator prevails in any litigation challenging her termination for cause, she 3 shall receive from the BOCC her reasonable attorney's fees, costs, of litigation and related expenses both at the trial and appellate levels. D. Termination of Agreement by Administrator for Breach by BOCC.This Agreement may be terminated by Administrator upon a breach of this Agreement by the BOCC, provided the BOCC has not cured the breach within thirty 30 days following the notice of the breach. If the breach has not been cured, termination will be effective on the thirty first day following receipt of written notice from the Administrator by the BOCC. Upon termination of this Agreement due to breach by the BOCC the Administrator shall be entitled to receive the prospective benefits as if this Agreement had been cancelled by the BOCC. E. Termination of Agreement by Normal Expiration.This Agreement shall terminate upon its normal expiration date as stated in Subsection 7.A unless renewed under the terms of Sub- section 7.13. F. Cancellation of Agreement by BOCC.The BOCC may cancel this Agreement without cause effective thirty (30) days after giving written notice to the Administrator. 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 the cancellation, the Administrator will be entitled to receive from the County and within fifteen 15 days will be paid by the BOCC a sum equal to the cost of three months health insurance premiums for employee coverage only, plus,a sum equal to 20 weeks salary. The Administrator shall not be eligible to receive severance pay if she has been discharged for misconduct as defined in F.S. 433.036(29) or for cause as defined in Paragraph 7C of this agreement as amended. i. General Release. Upon timely payment by the BOCC of the sum required for cancellation without cause, the Administrator 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 Administrator has had or may have related to the Agreement and the 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 County Administrator. This Agreement will be terminated upon the effective date of resignation by the Administrator. In the event that the Administrator does not give at least sixty 60 days written notice,to the BOCC of her effective date of Resignation, Administrator shall forfeit the pay of accrued sick and personal leave which shall not be a penalty but shall be considered as compensation to the BOCC to be used at the discretion of the BOCC for the costs and expenses of hiring an interim administrator or replacement administrator. The previous sentence shall not apply if the Administrator is incapacitated or physically unable to perform the duties of the Administrator. This section shall survive the termination or cancellation of this Agreement. H.Abolishment of Position of County Administrator. If the BOCC takes such action as to 4 lawfully abolish the position of County Ad min istrator 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 by cancellation by the BOCC 8. SALARY. As partial consideration for the agreements and services to be performed by the Administrator for the benefit of the BOCC and County as contained elsewhere in this Agreement the County will pay to the Administrator an annual salary of TWO HUNDRED EIGHTY-NINE THOUSAND DOLLARS ($289,000.00). The salary shall be increased thereafter according to the County policy of cost of living and merit increases provided to other County employees; however, because the Administrator has been a long-term County employee who also served as Executive Director of the Monroe County Comprehensive Plan Land Authority, she will be eligible for cost of living and merit increases on October 1, 2024, as she is not a new employee and should not be required to be employed in the position of County Administrator for a year, prior to a salary increase. 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. Administrator shall be entitled to social security benefits, health/medical, dental, vision, accidental death, dismemberment, short term disability, and life insurance coverage under County group policies and anyother benefits offered to other County employees. The County shall pay the premiums required for single coverage for the benefits listed in this section for the Administrator, for the plan(s) selected by the Administrator, and the Administrator shall be responsible for the premiums required for dependent coverage.The Administrator's date of employment for the purposes of benefits shall be the date the Executive Director began employment originally with the County and all accrued benefits earned during employment with the County and employment with the Land Authority shall be transferred to the County with accrual of sick and vacation time being transferred to the County. C. The Administrator shall be entitled to receive the same holidays as the County's non-union employees. 9. TRANSPORTATION. County will provide a County vehicle. Administrator agrees that she will drive the vehicle to work throughout the County. Administrator may transport consultants, professionals doing business with the County,and/or other County employees. Cou ntywill pay for all maintenance and long-term replacement of vehicle as needed. Administrator will not use car for personal use; however,she maystop for sustenance,accordingto County Personnel Policies&Procedures Manual and the applicable Administrative Instruction. 10. TRAVEL REIMBURSEMENT. The County agrees to pay to or reimburse the Administrator for the meals, other expenses, and lodging incurred by the Administrator for travel inside and outside the County by any mode other than motor vehicle that may be necessary, required, or appropriate in fulfilling the Administrator's duties and responsibilities underthis Agreement. Meals,expenses other than mileage, 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. At its sole discretion and upon request by the Administrator, the BOCC may authorize the reimbursement of the Administrator's actual expenditures where documented evidence is provided detailing the actual expenses incurred. No mileage will be reimbursed since County is providing Countyvehicle for Administrator use. 5 11. FLORIDA RETIREMENT SYSTEM. At all times herein relevant, the BOCC will contribute such amounts as are required by the Florida Retirement System, law, and any other applicable law or statute. The BOCC agrees that the position of County Administrator will be a position classified as and eligible forthe benefits provided underthe Senior Management Service Class in accordance with Section 112.055 Florida Statutes. The County will contribute such amounts at such times as is required by the Florida Retirement System law and any other applicable law or statute. If the County Administrator enters into the DROP program, the employee will no longer contribute to the FRS, but the employer's contribution will continue. 12. PROFESSIONAL MEMBERSHIPS. The Administrator shall, at a minimum, maintain membership in the following professional organizations and interest groups: International City/County Managers Association (ICMA), Florida Association of Counties (FAC), and American Institute of Certified Planners (AICP). All dues, license fees, certification maintenance, and costs for obtaining and maintainingthe memberships delineated above will be paid for bythe County. 13. LOCAL LIAISONS AND MEMBERSHIPS. The Administrator shall establish and maintain liaisons with her counterparts in local governmental and public agencies located within the geographical limits of Monroe County and/or South Florida and with such agencies of the State of Florida and the Federal Government as may be appropriate and desirable. 14 OFFICE SPACE OFFICE STAFF AND SUPPORTING SERVICES A. Office Space. The BOCC will provide office space for the Administrator at the Historic Gato Cigar Factory Building at 1100 Simonton Street Key West Florida and this space will be the primary office for the Administrator. Further,an office at the Key Largo Murray Nelson Center and Marathon Government Center will be provided, if desired by Administrator, as satellite office space while traveling and working throughout the County. B. Staff. The BOCC will provide qualified and trained staff to assist the Administrator in efficiently, productively, and professionally meeting the mission,goals, and objectives of the office of the County Administrator and the duties of Administrator. C. Supporting Services.The BOCC will provide utilities,telephone service, computer hardware (including a laptop, charging stations at each office location and an Ipad or other related devices to improve efficiency), software, electronic research, e-mail services, world wide web and internet access, books and subscriptions, periodicals, office supplies, photocopy and scanning equipment, county web and social media presence, server access, storage space, postage, office equipment, furniture, and other similar materials, equipment, and services,as maybe necessaryforthe proper, productive and efficient operation of the County Administrator s office. 15 ANNUAL LEAVE, SICK LEAVE, PERSONAL LEAVE,TRANSFER OF LEAVE A. The Administrator will earn and be credited with annual leave at a rate per month equal to the highest rate earned by any other employees or officers of the BOCC. The Administrator may accumulate annual leave without limit and no unused annual leave shall be forfeited due to nonuse or any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. Upon termination of this contract under Section 7.D.; 7.E.; 7.F.; 7.G.; and 7.H.Administrator shall be paid for 100%of accrued annual leave. 6 B. The Administrator will earn and be 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 Administrator may accumulate sick leave without limit and no unused sick leave shall be forfeited due to or any provisions of the Personnel Policies and Procedures Manual to the contrary notwithstanding. Additionally, the Administrator shall have the option of joining and receiving the benefits of the Monroe County Sick Leave Pool in accordance with the policies and procedures that are applicable and in effect. Upon termination of this contract under Section 7.D.;7.E.;7.F.;7.G.; and 7.H.Administrator shall be paid for 100%of accrued sick leave. C. Due to the extraordinary hours typically worked by a County Administrator,the Administrator will be credited with ten(10)days of paid personal leave each year commencing with the date of September 12, 2024 and each anniversary of that date thereafter. Such leave maybe used by the Administrator at her discretion and maybe accumulated without limit except that any accrued such leave shall not be included in final payment when this agreement terminates for any reason. 16. PARTICIPATION IN EDUCATIONALAND COUNTY RELATED EVENTS.The BOCC agrees to budget for and to pay the costs incurred by the Administrator in attending seminars, continuing education courses, BOCC and County related events, and out of county meetings as may be necessary or appropriate to the Administrator's duties and responsibilities under this Agreement. 17. EMPLOYMENT BENEFITS. A. Cell Phone, Laptop, Computer Equipment. The BOCC agrees to provide a cell phone of its choice with a carrier of its choice to the Administrator and shall provide a laptop computer, associated docking stations at each office location of its choice to Administrator.The costs of acquisition, use, upgrade, and other expenses related to the supplying and use of the cell phone and laptop computer and associated software, shall be paid for by the BOCC. B. Insurance Benefits. The BOCC shall provide and pay for the following additional benefits as detailed in Sectoin 8.13. Health/Medical, Dental,Vision, accidental death, dismemberment, short term disability, and life insurance coverage in the same amount as non-union employees, and Related Benefits. The Administrator shall be responsible for the premiums required for dependent coverage. C. Holiday Benefits.The Administrator will receive the same paid holidays as the County's non- union employees receive. D. Other Customary Benefits.The Administrator shall have the rightto participate in and receive the benefits of other employment related benefits, as are available to other non-union County employees. 18. INDEMNIFICATION AND COOPERATION 7 A. Indemnification.The BOCC agrees to defend hold harmless and indemnify the Administrator against any tort, professionaIlia bility,or other legaIdemand,claim,oractionwhich is related directly or indirectly to the Administrator's action in her capacity as County Administrator. B. Cooperation. In the event of actual or threatened litigation, administrative proceedings, or grand jury investigations involving the BOCC or the County, which arises out of an action or actions which occurred or are alleged to have occurred while the Administrator was acting in the capacity of County Administrator,the Administrator will cooperate with the BOCC and its counsel in defending and resolving the litigation or proceedings. In such regard the BOCC agrees to pay the Administrator'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,even after the Administrator separates from employment by the County. i. The Administrator 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 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 this Agreement, such as in the case of settlement or to reach an amicable solution. ii. The Administrator 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 by law to do so. iii. The restrictions, prohibitions, and conditions set forth in Section 18.B.i and ii.will not be applicable in instances where one or more governmental entity, with jurisdiction over a claim or a violation of law are involved. 19. GOVERNING LAW ATTORNEYS 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 propervenue for any litigation involvingthis Agreement. 20. FORM OF AGREEMENT This is the entire agreement between the BOCC and the Administrator and maynot be modified oramended except byawritten documentsigned bythe 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 restrictthe scope or substance of the provisions of this Agreement.Whereverused herein the singularwill includethe pluralthe pluralwill includethe singular and pronouns will be read as masculine feminine or neuter as the context requires. 21. PERFORMANCE EVALUATION.A review and performance evaluation of the Administrator may be conducted as often as the BOCC may deem appropriate; but at a minimum shall be conducted annually at the same time as County non-union employee evaluations are conducted. 22. OTHER TERMS AND CONDITIONS. A. If any provision 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, 8 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 of the Administrator 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 Administrator. D. Should the Administrator 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 Administrators 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 Administrator 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 everyterm 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 BOCC and the Administrator and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. 9 WHEREFORE,the parties hereto have signed and sealed this agreement on the date first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS OF Attest: KEVIN MADOK, Clerk MONROE COUNTY By: By: As Deputy Clerk Mayor/Chairperson Witnesses: Print Name: CHRISTINE HURLEY By: Print Name: Approved as to form and legal sufficiency: Monroe County Attorney's Office 9-9-2024 10