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HomeMy WebLinkAbout06/10/2026 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: June 11, 2026 TO: Gaelan Jones Assistant County Attorney/Risk Management FROM: Liz Yongue, Deputy Clerk SUBJECT: June 10, 2026 BOCC Meeting The following item has been executed and added to the record: T5 Employee Interchange Agreement with the City of Marathon to Provide Two (2) Employees to Monroe County for Operation of the Risk Management Office. Should you have any questions please feel free to contact me at(305) 292-3550. cc: 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 EMPLOYEE INTERCHANGE AGREEMENT, MONROE COUNTY RISK MANAGEMENT) THIS EMPLOYEE INTERCHANGE AGREEMENT (hereinafter "Agreement") is made and entered into this 1 Oth day of:FM -f,2026,by and between MONROE COUNTY,apolitical subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL, 33040 (hereinafter "COUNTY"), and the CITY OF MARATHON, a municipal corporation organized and existing under the laws of the State of Florida(hereinafter"CITY")(hereinafter,when referred to individually as "Party" or collectively as "Parties). WITNESSETH WHEREAS, Chapter 112, Part II, Florida Statutes, authorizes the interchange of employees between governments, including counties and municipalities; and WHEREAS, Section 112.24, Florida Statutes, provides that the details of an employee interchange shall be the subject of an agreement between a sending agency and a receiving agency; and WHEREAS, due to the recent departure of certain personnel, the COUNTY requires temporary assistance in staffing its Risk Management Office as new personnel are onboarded; and WHEREAS, the CITY currently employs several personnel with expertise in risk management and familiarity with the County's risk management program; and WHEREAS, the CITY (the sending agency), wishes to detail two (2) City employees (Brian Bradley, Jaclyn Flatt) to work for the COUNTY (the receiving agency) in the Risk Management Office; and WHEREAS,the Parties see a benefit and a public purpose in having the Employees work in the County's Risk Management Office to provide continuity in the administration of the County's insurance program while new personnel are recruited and onboarded. NOW,THEREFORE,in consideration of the mutual covenants and provisions contained herein, the Parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to allow for the detailing of the two(2) employees named above(any one employee referred to as a"Detailed Employee" or in the plural, "Detailed Employees") to fulfill the duties of the County's Risk Manager and Assistant Risk Manager positions. The Detailed Employees shall report to and be supervised by the COUNTY. 2. AUTHORITY. The COUNTY is authorized pursuant to F.S. 125.01, its home rule powers, and F.S. 112.24 to enter into this Agreement. The CITY is authorized pursuant to F.S. 166.021 and F.S. 112.24 to enter into this Agreement. 3. TERM: Pursuant to F.S. 112.24, the term of this Agreement shall begin on the date of execution by both of the Parties, and shall remain in effect for an initial period of three (3) months. Pursuant to F.S. 112.24(2), the Term of this Agreement may be extended with prior written agreement of both Parties; provided however, that the total Term shall not exceed two (2) years in total. Notwithstanding any provision to the contrary in this Agreement, the continuation of this Agreement beyond the end of any COUNTY fiscal year is subject to both the appropriation and the availability of funds in accordance with Chapter 129, Florida Statutes. In the event such funding ceases, COUNTY will provide written notice to the CITY at the address provided below for Notice, and this Agreement shall automatically terminate at the end of the then current COUNTY fiscal year, or sixty (60) days after such notice provided by COUNTY, whichever comes first. 4. DUTIES: The Detailed Employees shall perform the duties and functions outlined in the Monroe County job descriptions for the Risk Manager and Assistant Risk Manager positions. The Detailed Employees may also perform other legally permissible and proper duties and functions, as required for operation of the Monroe County Risk Management Office. 5. SALARIES & BENEFITS The employee interchange provided for by this Agreement shall be performed under the terms and conditions set forth below. a. Employer: The Detailed Employees shall continue as full-time exempt employees of the City of Marathon. b. Division of Time: For each work week, the number of hours spent working by each Detailed Employee shall be divided between hours spent working for the CITY ("City Work") and COUNTY ("County Work")The Detailed Employees shall expend as much time as required by the COUNTY during the term of this Agreement, not to exceed 95% of the Detailed Employee's total work hours during each work week. c. Rate of Cone iensation: The Detailed Employees shall be entitled to compensation for all hours worked for CITY or COUNTY, payable at their current rate of pay for the CITY. Including the employer's share of taxes, retirement contributions, and other benefits, the current rate of pay for Brian Bradley is $83.42 per hour; and the current rate of pay for Jaclyn Flatt is $60.10 per hour. d. Medical Insurance Pharmaceutical Plan LiteInsurance. and Voluntary Benefits: The Detailed Employee will continue to be eligible to participate in the CITY's medical insurance,pharmaceutical plan,basic life insurance and AD&D,and voluntary benefits (dental, vision, supplemental life) on the same terms and conditions as other CITY employees. Except as outlined elsewhere in this Agreement, the responsibility for payment for and provision of all benefits shall remain the sole responsibility of the CITY. e. Florida Retirement System FRS : The Detailed Employees will not be participants within the Florida Retirement System, but will remain eligible to earn all retirement benefits through enrollment with the City of Marathon's retirement program. The Detailed Employees shall be responsible for the employee share of retirement contributions, if any. The COUNTY shall pay a portion of the employer's share of retirement benefits earned by the Detailed Employees during the Term of this Agreement, in proportion to the total hours spent on County Work.The COUNTY shall pay such costs in accordance with the reimbursement procedures prescribed by this Agreement. f, Reirnbursement;: During the term of this Agreement, the CITY shall issue a paycheck to the Detailed Employees for the total amount of hours worked by the Detailed Employees in each work week in accordance with the CITY's payroll schedule. The CITY shall invoice the COUNTY for reimbursement of amounts paid to the Detailed Employees for County Work, including the employer's share of applicable taxes, retirement contributions and other benefits, except as prescribed herein. The COUNTY shall reimburse the CITY for such amounts within thirty (30) days of receipt of an invoice. g. peowision: For performance of County Work, the Detailed Employees shall report to one or more supervisors at the COUNTY,who shall provide day-to-day supervision of the Detailed Employees. The CITY shall retain full discretion to supervise the Detailed Employees in performance of all City Work. h. Personnel Policies.: In all respects,the Detailed Employees shall be governed by terms and conditions set forth in the City of Marathon Personnel Policies ("Personnel Policy"). i. Leave: The Detailed Employees shall continue to accrue annual (vacation) and sick leave in accordance with the terms of the Personnel Policy. The CITY shall bear the responsibility for payment of leave used by the Detailed Employees during the Term of this Agreement. j. Performance Evaluations: to the extent that any Detailed Employee should be required to undergo a performance evaluation under the terms of the Personnel Policy during the Term of this Agreement, the CITY shall be responsible for the completion of such performance evaluation. k. Works : the COUNTY shall provide the Detailed Employees a designated work area, and other necessary equipment and supplies required to perform County Work. 1. Trawl Benefits: Detailed Employees shall be entitled to travel, per diem and lodging benefits as allowed by the Personnel Policy, the ordinances of the City of Marathon, and Florida Statute. The COUNTY shall reimburse the CITY for the cost of travel benefits incurred in performance of County Work;provided however, that the Detailed Employees shall be required to obtain written consent of the Monroe County Attorney before incurring travel-related expenses. in. Unctn al mi meet: In the event that one or more of the Detailed Employees is awarded unemployment benefits pursuant to Chapter 443, Florida Statutes, as a result of a separation from employment that occurs during the term of this Agreement, the COUNTY and CITY will jointly be responsible for the payment of unemployment benefits, on a pro rate basis, payable in proportion to the wages paid to the Detailed Employee by the COUNTY and CITY during the Term of this Agreement . n. Holidays: The Detailed Employees are entitled to all holidays set forth in the Personnel Policy. o. Workers.....C011111ensatio l,: In the event of injury or death in the performance of the Detailed Employee's duties, that employee shall be treated as an employee of the City of Marathon, and the CITY shall be responsible for providing such benefits. The CITY shall promptly notify the COUNTY of the injury or death of a Detailed Employee(s). 6. INDEMNIFICATION: Subject to and without waiving the limitation contained in Section 768.28, the CITY agrees to be liable for any and all damages proximately caused by the acts, omission, or wrongful acts of its elected officials, employees or agents, and agrees to defend, indemnify, and hold harmless the COUNTY from any and all claims arising out of the wrongful acts or inactions of the Village. Subject to and without waiving the provisions of Section 768.28, Florida Statutes, the COUNTY agrees to be liable for any and all damages proximately caused by the acts, omission, or wrongful acts of its employees or agents, and agrees to defend, indemnify, and hold harmless the CITY from any and all claims arising out of the wrongful acts or inactions of County. Nothing herein is intended to serve as a waiver of sovereign immunity by either of the Parties. 7. INSURANCE: The COUNTY and CITY are each governmental agencies subject to the sovereign immunity provisions of 768.28. Throughout the term of this Agreement, the Parties agree to maintain public liability and workers compensation insurance; or alternatively, to demonstrate that self-insurance is provided. The coverage and limits of insurance maintained by the CITY or COUNTY pursuant to this section shall be sufficiently adequate to protect the Parties from liability associated with the performance of work by the Detailed Employees during the Term of this Agreement. 8. TERMINATION: a. This Agreement may be terminated for cause by the aggrieved parry if the party in breach has not corrected the breach within thirty (30) days after receipt of written notice from the aggrieved party identifying the breach. b. This Agreement may also be terminated for convenience by either party by providing sixty (60 days) prior written notice to the other parry at the address provided below for Notice. Termination for convenience by COUNTY shall be by the Board, which shall be effective on the termination date stated in written notice provided by COUNTY, which termination date shall be not less than sixty(60) days after the date of such written notice. 9, DISCLOSURE OF FINANCIAL INTERESTS: Section 112.3145, Florida Statutes, requires financial disclosures to be filed by a "local officers," and subsection (1)(a)3. defines a "local officer" to include a city manager. Detailed Employee Brian Bradley agrees to make such disclosures on such forms and at such times as may be required by state law. 10„ NONDISCRIMINATION: The Parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party,effective the date of the court order. The Parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-352),which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. PUBLIC RECORDS: The County and the CITY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and the CITY in conjunction with this Agreement; and either Party shall have the right to unilaterally cancel this Agreement upon violation of this provision by the other Party. 12. RECORDS —ACCESS AND AUDITS. All Parties shall maintain adequate and complete records for a period of four years after termination of this Agreement. Each party, its officers, employees, agents and auditors shall have access to the other parties' books, records, and documents, related to this Agreement upon request. The access to and inspection of such books, records, and documents by the parties shall occur during the regular office hours or as agreed. 13.. NO THIRD-PARTY BENEFICIARIES. Neither Party intends to benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 14, NOTICES. In order for a notice to a party to be effective under this Agreement, notice must be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the addresses listed below and shall be effective upon mailing. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this section. FOR COUNTY: MONROE COUNTY BOCC County Administrator 1100 Simonton Street Key West, FL 33040 With a copy to: Monroe County Attorney's Office P.O. Box 1026 Key West, FL 33041-1026 liffli hzer bol)(a. FOR CITY: City of Marathon City Manager 9805 Overseas Highway Marathon, FL 33050 aa..n,.l i<l'� r� �,z.ul,�.�l.lfllo, l 1 ,.aq 15. ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any right or interest herein may be assigned, transferred, subcontracted, or encumbered by COUNTY without the prior written consent of CITY.COVENANT OF NO INTEREST. Neither Party presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement,and that the only interest of each party is to perform and receive benefits as set forth in this Party.CODE OF ETHICS. The Parties understand and agree that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,Florida Statutes, as well as the Personnel Policy, including but not limited to,solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information.NO SOLICITATION/PAYMENT. The COUNTY and CITY each warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision,the CITY agrees that the COUNTY shall have the right to terminate this AGREEMENT without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.GOVERNING LAWS/VENUE. This Agreement is governed by laws of the State of Florida. Venue for any dispute arising under this Agreement shall be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs subject to the limitations of Section 768.28, Florida Statutes.COMPLIANCE WITH LAWS. Each Party to this Agreement shall comply in full with all applicable federal, state and local laws, regulations and ordinances.ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the Parties and supersedes any and all prior communications, understandings and agreements with respect to the subject matter of this Agreement, whether oral or in writing. . IN WIT_riNESS WHEREOF, the Parties:hereto have Made and executed this Agreement . this'10th day of u ,.2026.. .. ' ,..40.16%, . - . . - i . . : , 1 • . .. . . : : . I ' . . . : . 1 - : ' • ' ' . • : : 1iii:4 EVIN MADOK; CLERK ::OF MONROE COUNTY,FLORIDA :. . . •,tiro- /4 : : 1. . 11 rilliPw.a . ' : : Foe 1, As Deputy C erk : : Mayor, : . . Date: I l D UtLLo . CITY OF MARATHON: . . : : : . .. : . : . ..,,f: ,.... : : . . .. 7.: CL___. . • -, : : . : - ' . : i . ' . :I.: : ' . i'.. By. :..14,1.V:I. '.. 77:.: Y . .., - - .. . . . . .. i - :, . : : : : : . . rt le• . 674.64. 4,. ..7:7:it.,,..:)..:11;4-6.A.5 . APPROVED AS TO FORM AND LEGAL SUFFICIENCY Title: o..� 4:,MO OE C ��TY .T TY S OFFICE .. ((k12,4 . 1 : - 9 . . . . : .. : : Gaelan P.Jones,Assistant =owfly Attorney : : : Date: 6/11/26 : 3 . : : A. . ...... : . . . . . . . - C., o. .. r.-ff ' i ' ' . : - _ ' x «t .` - v May' .