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HomeMy WebLinkAbout11/01/1977 AMENDED MEMORANDlJlvI OF AGREEMENT TO PROVIDE PROFESSIONAL SERVICES THIS AGREEMENT entered into this 1st day of November 1977, t>y and between MONROE COUNTY, FLORIDA, a political sub- division of the State of Florida, hereinafter referred to as "County" and MICHAEL H. CATES, Attorney, hereinafter referred to as "Attorney", WIT N E SSE T H: lVHEREAS, on the 5th day of April, 1977, the County did, at its regular meeting, agree to engage the professional services of the Attorney, and WHEREAS, the Attorney does desire to provide professional legal services to the County, and WHEREAS, the parties desire to reduce the undertaking of both parties to writing, and WHEREAS, the parties did further enter into a Memorandum of Understanding and the parties in certain respects desire to clarify same, now, therefore, IN CONSIDERATION of the mutual covenants, promises, and premises herein contained, the parties hereto agree that this memorandum is substituted for and supercedes all previous memoran- dums and further agree: 1. The County does hereby engage the Attorney to provide professional legal services to the County and to act as Legal Advisor to the County. 2. The Attorney does hereby agree: (a) To provide professional legal services to the County and to act as Legal Advisor to the County. (b) To at all times adhere to the Code of Profes- sional Ethics promulgated by the Florida Bar for practicing attor- neys at law and to allow no conflict of interest to arise while representing the County. 3. The County agrees to pay the Attorney a fee in the sum of $33,306.10 per year for providing of professional legal services. Page 1 of 3 Pages 11/ 4. The parties agree and acknowledge: (a) That a Legal Department must be established in behalf of the County and that the Attorney shall be responsible for the total supervision, control and operation of the Legal Depart- ment including all employees and equipment otherwise assigned to said Department, except that the ultimate employment, discharge, suspension, and discipline of any attorney or employee shall remain under the direct control of the Board of County Co~ssioners. (b) That all ,employees assigned to the Legal Depart- ment after the date of this agreement shall be with the mutual consent of both parties. (c) That all personnel, including those designated as Assistant County Attorney or otherwise, shall be assigned by the Attorney such duties and responsibilities within the Legal De- partment as necessary to assure that reasonable and proper profes- sional legal services are provided to the County. 5. The County shall provide all personnel, office space, utilities, telephone services, custodial services, law books, postage, office supplies, Xerox machines, furniture, and equipment as may be necessary for the proper and efficient functioning of the Legal Department. In providing the aforesaid items, main- tenance and repairs thereof shall be provided. 6. That until such time as a County Attorney's Office may be centrally provided for the location of the County's Legal Staff in a public building, the County agrees to provide said Attorney with a monthly supplemental allowance of $500.00. On November 7, 1977, the County shall pay unto said Attorney the sum of $2,500.00 representing the payments due July 7, August 7, September 7, October 7, and November 7, 1977. The purpose of said s.upplemental allowance is to com- pensate said Attorney on a flat fee basis for use of his office, furniture, copying equipment, and custodial services. All other items shall be provided as set forth in paragraph 5. 7. The County agrees to reimburse the Attorney for his travel, meals and other expenses incurred while on County business. ~age 2 of 3 Pages 8. This agreement shall be effective from April 5, 1977. 9. The parties agree that either party may terminate this agreement by giving sixty (60) days written notice of ter- mination. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. COUNTY OF MONROE, STATE OF FLORIDA E · ~-7 '\,' By ~vt'<I'~ ' ' , .?~Gb72,~ ayor Chairman of the Board of County Commissioners of' Monroe County, Florida (Seal) Attest:") " / ~ (/ '~{r/ a " ~'" ------- C e r k O~Qa-.~~, ~~~~~ '~Jt<!P~ MIC~-- . CA ES- 1-r CERTifY tlt~t fir: "'",e'iewed for; ,.s do~~me;!t It!:! COntent ., .t tIJ ela ,utttcsency tmd "'-'oraL Ilc/-.~sa~.~m~ ,- ,~ IkHA'8 G. PAfN"-- A$st. County "ttora., ~age 3 of 3 Pages