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Home My WebLink About06/05/2026 Agreement MO�NI� (CIF: C If llhCOMWSSk)NII"i;S1'11i(_'IIASi (� 1'01.iChMANI A ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Joseph Hernandez Contract# Effective Date: 05/28/2026 Expiration Date: 01/01/2030 Contract Purpose/Description: Joseph Hernandez is a former employee of Monroe County Fire Rescue. Hernandez has failed to complete the terms of"Exhibit A" to the Paramedic Program Repayment Agreement. The Agreement included is the Repayment of Paramedic Program Expenses and is incorporated here as Exhibit A. **** Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager:Cara Johnson 3052896004 johnson-cars@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 7,950.00 Current Year Portion: $ 600.00 (must be$100,000 or less) Former employee to pay County. (If multiyear agreement then$150.00 per month requires BOCC approval, unless the tE wl cant alas i vc rllllE�lll171&`i100,00.(lO s7P lc,,,,)Budgeted? Yes❑✓ No❑ Grant: $0 County Match: $ 0 Fund/Cost Center/Spend Category: 141-369000-RC_00324 ADDITIONAL COSTS Estimated Ongoing Costs: $ NSA /yr For: Paramedic Training - Repayment (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries, etc.) Insurance Required: YES ❑ NO 0 CONTRACT REVIEW Reviewer R.L. Col i na Digitally signed by R.L.Colina Department/Office Director/ Signature: Date:2026.06.0312:30:26-04'00' Assistant Director Digitally signed by Eve M.Lewis County Attorney Signature: Eve M. Lewi Date:2026.06.04 15:53:09-04'00' Gaelan P �QneS Digitally signed by Gaelan P Jones Risk Management Signature: Date:2026.06.05 08:27:28-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.06.05 09:19:15-04'00' (email contracts@monroecounty-fl.gov) Digitally signed by Angelica Malcosky OMB Signature: Angelica Malcosky Date:2026.06.0510:40:25-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 Iac Osc cl 11 12 2025 91 1 ll' d g c:° GREEMEYT hetwern %IONItOE COUNT1`,FI, unrl -10SEPI1 HERNANDEZ fill Repayment of Paramedic Program Expenses l t IN y(,I6l !a'IWIN I u,r�p8ac'lc� .plaad c,nulc w d o0o tdw, )4, day of Mal . 202 6. by jar 01c, lNtra rov( ou ro.%, 11�uu �d,, wd pclhlic:al gad dw S1me Nbd 11 dorrda,with principal oIIG«,«,•, d la ana urnrl'a.°r r aw Ir,�;�a addrvs%n 11 w ,t l'1' a10 tlN tJhc"(u�unui6v °t°nurcl dare"clvdr I lernandez(hcreinah r tiwcrgcwl ut I Initt "��n9rrrRtV�o-t�'4,tarct cp 6, l$ A C..t r �aa fwl lq%o The pal 6c"M pup acc WM the 644)%wtnpl ferc�wi aiid a,("o iuons. yy'lll ItIAS, on J"oe 6, 2023. Ilcimande/ and the County (collectively referred to herein as "Parties") intuu c I"caraarrcchc program Rcp ayownt Agreement,and Such agreement is attached hereto and nrcorporale(I Ica.„jc an sal%l hi bit A:"arid WI II,RI°AS. in thal ,jgyCeurtcnrl the Comity agreed to send I Icrnandcz to an approved Paramedic Prof l rill Iin'uw idwrcl by "olnheastctnr Medical Acadcnty,and Hernandez agreed to reimburse the County in h dl f6r tuition,hook',and to°,rrmtrr�,rnaleri al's("°l Naming,Costs")paid by the County on I Iernandez's hchalf, aW nr c whanp e„ I1crnnndez agreed to%uccesslirlly complete the Monroe County fire Rescue("MCFR") Pncwvawnsrtral', PrOk'I'Mo .md work for lire County as a certified paramedic for two(2)years from the date of a,,odrrlydct uoH of wand NJ(`hR Prowsisarrnad Program:turd WHEREAS,Ilcrrrattalezagrecclthnttifhe left[lie Colinty'sciuploypricertr,:rcomlrlw•tirairoftheMCPR Provisional Program plus two (2) yvars of service io the County ass a paramedic, Ilcman&z would be immediately liable for rcpaymetrt in 11M liar said Training(psis incurrc(d by ikra.(:,ounuy,utnd WHEREAS. the total amount paid by the County for Training Costs on behalf of Hernandez was seven thousand nine hundred-fifty dollars and zero cents($7,950,00);and WHEREAS, Hernandez completed the MCPR Provisional Program on November 18, 2025 (but has not completed two(2)years of service to the County as a paramedic),and has provided notice of his resignation with a confirmed last day of employment with the County on May 19,2026,and WHEREAS, in lieu of the one(I)-time immediate repayment(in full)that is due upon separation, the County has graciously agreed to allow Hernandez more time for him to repay the Training Costs in full, as outlined below. NOW TI IEREFORE,in consideration of the mutual covenants contained herein,the Parties to this Agreement agree to the following terms and conditions: l. The above"whereas"clauses are adopted as true and accurate,and are incorporated herein. 2. Hernandez acknowledges that he has an outstanding balance of seven thousand nine hundred-fitly dollars and zero cents($7,950.00)("Repayment Amount")that became immediately due and owing to the County as of May 19,2026. 3. 1 lernandez has requested,and the County agrees,to allow Hernandez to make partial payments to repay the Repayment Amount as follows: a. The entire amount of Ilrmandez final paycheck, and any cash-out of his unused leave balances,that would have been paid to him from the County,will instead be used to offset 1' � 1 t or deduct from the Repayment Amount that he owes to the County, and thus will be withheld from Hernandez and paid to Monroe County according to the natural payroll cycles for said transaction(s). b. With respect to the remaining balance due after the payment(s) noted in the immediately preceding paragraph above, Paragraph 3.a., Hernandez will deliver monthly installment payments to Monroe County in the amount of one hundred fifty dollars and zero cents ($150.00)per month until the amount is repaid in full.Naturally,the final payment may be an amount less than one hundred and fifty dollars ($150.00), but shall reflect the final outstanding amount of the debt owed.Hernandez must contact Monroe County Fire Rescue to confirm the exact amount of the final payment.Failure to do so will result in a breach of this Agreement. c. All payments are due and owing on the first day of each month commencing on June 1, 2026, without notice or invoice from the County. This Agreement shall be effective until the amount owed is repaid in full. Failure to tender payment and ensure delivery to the County on the first day of each month will result in a breach of this Agreement. d. Payments may be made in the form of check, money order, or cashier's check. If paid in the form of check, money order, or cashier's check,the instrument shall be made payable to Monroe County Board of County Commissioners. All payments must be delivered to Monroe County Fire Rescue, 7280 Overseas Highway Marathon, FL 33050; Contact number: (305) 289-6004. Failure to tender sufficient funds (cleared funds)each month will result in a breach of this Agreement. 4. If consecutive monthly payments are made until the Repayment Amount is paid in full as set forth in Paragraph 3.,above,the County agrees to waive any interest due on the Repayment Amount. 5. The failure to make payments as forth in Paragraph 3., above, will constitute a material breach of this Agreement. In the event of a material breach,Hernandez understands and agrees that the entire Repayment Amount becomes immediately due and owing, with interest at the rate set forth in Section 55.03, Fla. Stat., as may be amended, on the unpaid balance. In the event of a material breach, the County reserves its right to any and all legal remedies in order to recuperate the Repayment Amount and any associated interest thereupon. In an action to recover amounts due,the parties agree that the Court shall award reasonable attorneys' fees to the prevailing party. 6. This Agreement can never be assigned except with the express written consent of the County. 7. Nothing contained herein is intended, nor may it be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement.Insofar as the claims,actions,causes of action,litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 8. The Parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America. The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively in the Sixteenth Judicial Circuit in and for Monroe County,Florida,and that all litigation between them in the federal courts will take place exclusively in the United States District Court in and for the Southern District of Florida, or United States Bankruptcy Court for the Southern District of Florida, whenever applicable. 9. This Agreement constitutes the entire Agreement between Hernandez and the County, and negotiations and oral understandings between the parties are merged herein. This Agreement can 2 lie Sylplp714 Yilo 4'186 CI nnd/awr danaended only by.a%%rifler➢dmnnnent excemed to equal ltprnaahty herewith by boil, I Ier➢I1i It dez and flu III 116lyd desiwYee(s)o.rl Ihw",t..oIaIily If ttr a&;know I edged that a'ch P,'10}/t�P this Avreolleunt IMd the eapppavrdanOy io Iw Irepro`,xwctl by counwl in dic preprrrnlion of this ,A!pa°a'9llas"'nt and ravtordingly the rule that as cmitnicl ,will be interpreted slrict.ly against the p£Irt'Y parcyro�at MIo clime apovN ntal apply here n dale taro the joint confributionss of both psurtics. 10, An},provision in this Agreement that Is prohibited or u.unenforcuible in zany,lurisdiction will,as to that jurisdiction, be ineflIctive to the exlefnt of arch plohiNlfon of withwit nai'£tlr4lating, the remaining provisions hereof oir ofl`cctang the valiiftlgW or enforceability oI N,Ch provisions in any ot.heryurisa idion.The non•enforn'a°tnent of'any pirrrvisiort by a itltcr ppwty wile not consl.ifule a waiver of"that provision nolr wiilp it affect the enroirecabihty of that provision or of the relivnainder of"this Agreement. THIS I,S INTENDED TO BE A LEGALLY BINDING DOCUMENT. READ IT Cif REFUI L Y AND SEER LEGAL COUNSEL PRIOR TO,SIGNING� DONOT,SIGNITIF,YOUDO NOT UNDERSTAND IT,OR IF YOUARE NOT WILLING TO BE BOUND BYI ^"' �aagnaltar�. to lost #a l lemaaidgr Print Name s'rA rl,o Fj t t m._ The foregoing instrument was sworn to / affirmed before me by means of physical presence or❑online notarization,this VZ day of Mdl _ 20 LL a by Ib a E!' '"' -_ He is personally known to me/or has produced . (type of identification) as r enti ication. � 'ihntature as Notary Public Pattiela J,MOW Prin_..� ...... . I t tut,:HH 623'551' ( t&Stamp-Notary P�1g DOW Felt.��.2S �tC� 6iwtF1�•S'4�te pp FI BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Christine Digitally signed by Christine Hurley H u rl e Date 2026.06.05 lJ^ _. ..15 36 58 04'00' ___ Christine Hurley,County Administrator Date Approved as to legal form&sufficiency: f Eve M. Lewis DiI"'y5igpwedby,rveM.Lewis Date,2016a.05„tVaaat,n0:35 04'00' V' Eve M.Lewis,Assistnint Counl y Attorney Date i 3 I H "EXHIBIT A" Paramedic Program Repayment Agreement 1' R Appendix«B„ a,l� 7�aef 1 Vkffi &,,-r-- hereinafter referred to as EMPLOYEE,agrees as follows: EMPLOYEE NAME(Printed) COUNTY WILL ARRANGE FOR PARAMEDIC TRAINING The COUNTY agrees to send Employee to an approved Paramedic Program provided by Southeastern Medical Academ commencing on or about the 14 day of August ,20 23 TUITION,BOOKS,AND OTHER COSTS OF TRAINING I. The COUNTY will pay the Cost of tuition,books,and training materials for attendance in a qualified Paramedic Program. [I. By signing this Agreement,Employee agrees to reimburse the COUNTY as stated in the Repayment Schedule(including deduction of any amounts necessary from a final paycheck)for tuition,books, and training materials,paid by the COUNTY on TRAINEE'S behalf,if.- A. EMPLOYEE withdraws from the course,or fails to complete the program as scheduled;or B. EMPLOYEE fails to obtain his or her paramedic certification from the Florida Department of Health within twelve(12)months after completion of the course;or C. EMPLOYEE fails to successfully complete the Monroe County Fire Rescue Provisional Program(as that term is defined in SOP 1120.01);or D. EMPLOYEE voluntarily resigns or abandons his or her employment before working as a qualified Firefighter Charge Paramedic for Monroe County Fire Rescue for a period of two(2)years from date of completion of the Monroe County Fire Rescue Provisional Program;or E. The County Administrator, on recommendation from the Fire Chief,terminates the employment of the EMPLOYEE with cause during the EMPLOYEE'S enrollment in the course. NOTE: If any of the situations in(A)—(E)occurs,the EMPLOYEE will immediately be liable for payment in full of the entire pro rata repayment amount outlined in the Repayment Schedule below. Any balance of the repayment amount that remains unpaid after thirty(30)days will accrue interest at the rate set in accordance with Section 55.03,Florida Statutes, REPAYMENT SCHEDULE If an EMPLOYEE finishes the course but voluntarily resign,abandons employment,or is terminated with cause before working for a period of two(2)years: Repayment is pro-rated depending on the length of employment as a qualified Firefighter Charge Paramedic according to the following schedule: • Within twelve(12)months: Repayment of 100%of the full amount of Training COSTS • After twelve(12)months but Within twenty-four(24)months: Repayment of 50%of the full amount of TRAINING COSTS f ap EMPLOYEE witbdr4Vys&m tbecourse,fails to om late the p M&M m ass fail faila 19 btain his r h r pgomedig gertifigation from the F1_q[:jgg Dega j:ljflgflj of Health within 12 months,after com leti n of The Wurse.fails to the MonUpc!QoyAty Eirp 8&§gUg Provi final Program as that term is defingd in MP 1120.01): Repayment will be made by deductions from the employee's paycheck,with the cost of the program taken out of the employee's paycheck at a rate of two hundred fifty dollars($250)per pay period until the full cost of the program is repaid. 52 Paramedic Program Repayment Agreement *1v Appendix«B„ If EMPLOYEE successfully completes the course and satisfactorily performs his or her duties as a Firefighter Charge Paramedic as required herein,then the COUNTY/Fire Chief agrees that TRAINEE shall have no further financial obligation as a result of any payment made to TRAINEE,or on his or her behalf,pursuant to this Agreement. TRAINEE TO PAY COSTS OF COLLECTION TRAINEE agrees to pay the COUNTY all reasonable costs of collection and attorney's fees incurred by the County in the event the COUNTY is obliged to collect any funds advanced to TRAINEE pursuant to this Agreement. VENUE In the event that litigation is necessary to enforce the terms of this agreement,the EMPLOYEE agrees that litigation will be held in Monroe County,Florida. SEVERABILITY CLAUSE If any part of this Agreement is ruled to be unenforceable,the remaining parts of the Agreement shall still be legally binding. THIS IS INTENDED TO BE A LEGALL Y BINDING DOCUMENT. READ IT CAREFULL Y. DO NOT SIGN IT IF YOUDO NOT UNDERSTAND IT, OR IF YOUARE NOT WILLING TO BE BOUND BYITS TERMS. Signature(TRAINEE) Print Name: -,Tc&fh +yl ACKNOWLEDGEMENT BEFORE ME,the undersigned authority, ,,�7 )�► (a( hArtl�►.� personally appeared,who identified himself/herself to me and produced satisfactory roof of identification or is personally known to me,and acknowledged to me that he/she executed the foregoing agreement freely,voluntarily,and for the purposes therein expressed. Dated this _day of pc, ,20�at �QJ 5}_ ,Florida. Commission Expires:ap.{�D•a0 Notary P't lic, State of Florida Fire Chief Monroe County Fire Rescue, Florida v.N casMa�c +sa `� sary�Smb4�ik«$40 Of Fd�r�dA g1ClaMISioo 0 HH w a?4u94 (F MY COMM, pfrrxulww t&�, t 0,44 tore ire hie Print Name 53