09/11/2024 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: September 12, 2024
TO: Bob Shillinger
County Attorney
FROM: Liz Yongue, Deputy Clerk
SUBJECT: September 11, 2024 BOCC Meeting
The following item has been executed and added to the record:
S2 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 to allow Hurley to be eligible
to receive merit increase prior to end of one-year probation period.
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
EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY FLORIDA AND CHRISTINE HURLEY FOR
POSITION OF COUNTY ADMINISTRATOR
THIS AGREEMENT is entered into on the 1 11h 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
Admirhstrator;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 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 Lori a.
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 in
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
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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 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 Administrator will 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 fosterthe stature of Monroe County and further collegial relations it these entities
and shalt 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-
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judicial capacity, unless Administrator is appearing on behalf of another governmentat agency.
Additionally,Administrator agrees that for a period oftwenty-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 taw.
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 3011 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
shalt be given not Less than ninety (90) days prior to the normal expiration date of this
Agreement or prior to the expiration of any renewalterm year as applicable.Once either party
gIves written notice under this section of this Agreement,the Agreement will not be modified
ore ended 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,duty noticed and held
at Least f ifteen(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 shalt 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 for the basis for which termination is sought, along with the
relevant date or dates,time ortimes,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
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shalt 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 shalt 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 shalt 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
wilt be by a Resolution adopted by a majority vote of the BOCC at a duty noticed public
meeting. Upon the effective date of the cancellation, the Administrator wilt be entitled to
receive from the County and within fifteen 15 days will be paid 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 shalt 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 retating 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 wilt 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 no 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 here ective
date of Resignation, Administrator shalt forfeit the pay of accrued sick and personal Leave
is shalt not be a penalty but shalt 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 shalt not apply if the
Administrator is incapacitated or physically unable to perform the duties of the Administrator.
This section shalt survive the termination or cancellation of this Agreement.
H.Abolishment of Position of County Administrator. If the BOCC takes such action as to
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Lawfully abolish the position of County Administrator during the term of this Agreement, the
abolishment of the position for the purposes of this Agreement shalt 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 wit[pay to the Administrator an annual salary of TWO HUNDRED EIGHTY-NINE THOUSAND
DOLLARS($289,000.00). The salary shalt 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 shalt 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 shalt 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
shalt 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 shalt
be responsible for the premiums required for dependent coverage.The Administrator's date
of employment for the purposes of benefits shalt be the date the Executive Director began
employment originaLLywith the County and all accrued benefits earned during employment
with the County and employment with the Land Authority shalt be transferred to the County
with accrual of sick and vacation time being transferred to the County.
C. The Administrator shalt be entitled to receive the same holidays as the County's non-union
employees.
9. TRANSPORTATION. County wilt 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 at[maintenance
and Long-term replacement of vehicle as needed. Administrator will not use car for personal use;
however,she maystop far 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
f uffilling the Administrator's duties and responsibilities under this Agreement.Meals,expenses other
than mileage, and Lodging wilt be paid for, or reimbursed at the rates provided for by applicable
Monroe County Code provisions and shalt 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 a County vehicle
for Administrator use.
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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
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 her counterparts in Local governmental and public agencies located within the geographical
Limits of Monroe County and/or of 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 off ice 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 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 7.1-1.Administrator shall be paid for 100%of accrued annual leave.
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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 is 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
wilt 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 may be used
by the Administrator at her discretion and may be 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. Celt 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 shalt provide and pay for the following additional benefits as
detailed in Sectoin 8.B. Halt /MedicL, 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 shalt be responsible for the premiums
required for dependent coverage.
C. Holiday Benefits.The Administrator wilt 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
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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 afterthe 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,part)4 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 L-AW 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 or amen ded except bya 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 singular will include the plural the plural wilt 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,
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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 shalt be binding upon and shalt 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 Administrator s 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 shalt
construe any provision of this Agreement more strictly against one party over the other party
and eve ter 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 to 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.
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WHEREFORE,the parties hereto have signed and sealed this agreement on the date
•• . • : ••first abo• ve•written. '
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