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Resolution 171-1984 RESOLUTION NO. 171-1984 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN WINIFRED SHERIDAN SMALLWOOD AND MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between Winifred Sheridan Smallwood and Monroe County, Florida, a copy of same being attached hereto, for professional services. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 1st day of June, A.D. 1984. BOARD.~~~~OUNTY COMM. ISSIONERS OF.c_.M..~R.....COUNT6' .OR IDA B 1'v~71---' <::0. /~ ,,- ^' y(~_~~ ....< V_~Y'-~ Chairman (Seal) Attest DANNY L. KOLHAGF., Clerk //)/, , ;t~:~~~/,d// .I er APPROVED AS TO FORM A GAL SUFFICIENCY. , BY A G R " " N E N T THIS AGREEEENT enteredintG on this j C<.t<! t. r51"" day of~, 1984, by and b~t~een ~onr08 County, Florida, a political subdivision of t~~ c~~~~ of ~lrTl'da ~_l_ u \...1..-0. l-..... _ -... -v...... , h2:::-einafter referr-:::d to as IICounty" and Hinifn::d Sheridan Smalb<700d, he,--einafter referred to as "Employ- co",," "'"~ . In consideratioh of the mutual covenants, promises, and rep~esentntions contained herein, the parties agree as follows: 1. The County hereby e~ploys, engages and hires the Employ- ee effective March 21, 1984, as an Assistant County Attorney in the ~~gal Deparcment of ~onroe County to perform services as foIl 0':7 S : (2) Actends meecings of the Board of County COI::missioners and renders legal assistance, 'opinions and advice as requested. (b) Reviews documents of legal significance. (c) Confers with County COITmissioners, department heads, officers, employ~es and the public in refere~ce to legal questions. Cd) Meets with the above in both formal and informal meetings and/or individual contacts. (e) Provides written and oral legal opinions, advice and guidance as requested and required. (f) Participates in the conduct of the legal affairs of the Board of County Commissioners. (g) Performs contract negotiations, administrative review, legislation and litigation. (h) Drafts and presents legislative bills to delegation for consideration. (i) Assists the County Attorney with the supervision 0,[ ~is s"L,~lff. (j) Performs other related duties as required. 2. Employee agrees that sh? will at al~ times faithfully, industriously, 2nd to the best of her ability, experience and .. " L.'~J::":~S, '.Dd ire accordance "\-litJl L:he Code of Professioncll Respon- sibility, perforn all of the duties that may be required r- . or &:1Cl from her ~ursuant to the terms hereof. 3. County shall pay Employee, and Employee shall accept frOLll Cc.jncy, ln payment for Employee I s sC~2:"vices hereunder, compensation as follows: Ca.) A minimum initial salary of $30,000 per annum, subject to such increases as the County may grant from time to time. Employee's salary shall not be 2:"educed or diminished for any reason during her employment hereunder. (b) Such additional benefits and services " "" (' C....:l are received from time to time by various other types of County employees, including but not limited to medical and hospitali~ation insurance for herself 'and her dependents, life insurance, retirement, social security, leave time, compensatory rime/ payment for overtime and paid holidays. ..(c) Employee shall be reirn.bursed by County for all '. travel expenses and per diem incurred ln connection with the conduct of County business within or without Monroe County. Cd) It is expressly provided and understood that FmDlo\r~p l'S c ful1-time/PQrm~n~nt e~pl')vee a~C1' a .......&.J......L ~ e -' (....L ..-..l.. ..-..J... c::._l...e<.... t__....o. 1..':".1.. .....'. J ....... Career Service Employee as defined by Section 2-37, f'Ionroe County Code. 4. County shall at its expense provide and make available to E~ploY2e the opportunity to attend and participate in Continu- ing Legal Education programs sponsored , DJ the Florida Bar or others which are reasonably related to her duties as required by the County Attorney. c:: J . E~ploY2e shall devote substantirrlly aJ.l of her time~ attention, knowledge and skills to the legal matters of the County during the normal work week. Employee rnay, where no r) L C")l':<~ict ",f interest exists, e:.:~:)'ge In the privEite praccice ot .1...[:\';' our her orr-hours only ~E em advisory c:ap.:city. 6. The parties acknowledge that this Employee has been required to terminate her previous employment with the Florida Legisla~ure, t~ke a substantial cut in salary and in benefits, a~d entirely at her Qwn expense relocate herself and her family to Key West to enter into this Agreement and therefore, County agrees to nontermination of this Agreement by it for a period of eighteen (13) months except dismissal for cause as defined by the Monroe Ccunty Employment Policies and Procedure Manual or in the event of the employee1s physical illness or disability which completely prevents the employee from performing her job responsibilities for an extended period of tim~ which is not relnt8d i;:'1 any ';Jay LO the Employee I s employment vlith the County, and 'h7"~lich arises from physical conditions which vlere knovln tc exist at ~he time of conmencement of her employment with the Cou~-~::y . 7. Employee may be terminated in the following manner: ~a) For Cause. Majority or three (3) Co~missioners of the County COTmission may remove the Employee from office for cause as set forth in Section 9.10 of the Monroe County Employment Policies and Procedures Manual in accordance with the procedures set forth in the County Administration Law of 1974 also knov~, as Part III of Chapter 125, Florida Statutes, as amended. (b) Termination Without Cause. A maioritv of three ~ "' (3) COITunissioners of the Count:/ Commission meY remove the Employee at any time without cause by enactment of a resolution at any regularly convened County Commission meeting in accordance 1;\'i th Lt:e procedures ~~ct for th :in the County AUIllinistrCJtion LavJ of 1974, also KEO'tin as Pa.re II:':: of Chapter 125, Florida Statutes, 2S amended. '.l J ,., . , L.on:.:..J.. s ~ ~" Up, ac"opticll1 of said re~>oh:tion by the Board, the County shall cause to be paid to the Employee, th2 tala~ce 'du2 her i~ salary for the remainder of this eighteen (18) month contLwct, together ~vith paymenL for accreed annual leave ane sick leave noc yet taken by her. Full payment shall be made by County 'Iii thin t\i2I1 ty (20) days of slicl, terElina t ion. the Board for cause under the provisions of paragraph 7. (a) Adcitionally, in the event that said Employee is removed by whicl~ shall becoTte final after appeal or withouL appeal, said above, and a Court of competent jurisdiction renders a judgment removal Shall then be deemed to have been a removal without cause under the provisions of paragraph 7. (b) above, and said Employee shall be entitled to salary payment for the remainder of her eigh:een (18) month concra~t together with accrued annual and sick leave not yet taken by her. In addition, she shall receive her reasonable attorneyfs fees and court costs incurred in successfully bringing said suit. In the event the County shall abolish the Employee's posi- tio:." or:- ..Lay the Employee off, the same shall be deemed a removal without cause under this subsection. IN WITNESS lillEREOF, the parties hereto have executed this agreement the d2v and year first above written. COUNTY OF MONROE, STATE OF FLORIDA By Nayor and Chairman of the Board of County COIT@issioners or Monroe County, Florida (SEAL) Attest: CI C' r rc C~ . ~ -~ //..~. ~1-;' ,. "(,,,(-.1< · .. 0 ~ T; l' I'! f.;' Q 8f - \\ -_\.~,--, _fiLttv f2. _PA?J HITNESS W' \\~~ 8 WINlrpRVDSHEB- .....;)oo~ 4 APPROVEDAS TO FORM t~ Yo A~' om..