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3. 07/01/1991 to 06/30/1994..05/15/1991 Agreement 1!lannp 1.. l\olbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33060 TEL. (3061743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 600 WHITEHEAD STREET KEY WEST. FLORIDA 33040 TEL. (3061 294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY. FLORIDA 33070 TEL. (306) 862-9263 !1~MO!!'~~.Q.!!.M To: From: Randy Ludacer, County Attorney Rosalie L. Connolly, Deputy Clerk Date: May 28, 1991 On May 15, 1991, the Board of County Commissioners approved and authorized execution of your Employment Agreement. Attached hereto are two fUlly-executed copies - one for your office records and the other for your own personal records. Rosalie L. onnolly Deputy Cle k Attachments cc: County Administrator Finance Director File F!LEO FOR RECORD EMPLOYMENT AGREEMENT - '91 !'j,qy 23 P 4 :1 3 THIS AGREEMENT, entered into this 15th- day T _ of May , 1991, by and between Monroe County~iia~ political i ... subdivision of the State of Florida, hereinafter referred to as County, and Randy Ludacer, attorney at law, hereinafter referred to as Employee; WIT N E SSE T H: adW WHEREAS, Employee is the current County Attorney; and WHEREAS, County and Employee desire to extend the contract between the parties for an additional period and to reduce their agreement to writing; NOW, THEREFORE , intending to be legally bound for themselves, their successors assigns and heirs, the parties hereto mutually agree as follows: 1. County hereby agrees to extend the employment and engages and hires employee for an additional thirty-six (36) month period effective July 1, 1991, to be head of the Legal Department of County, and to direct the legal staff of the County Attorney's Office, and to perform services, including the following: a) To attend meetings of the Board of County Commissioners and to render legal assistance, opinions and advice as requested. b) To review documents of legal significance for legal sufficiency. c) To confer with County Commissioners, Department Heads, officers and employees, and with the public when circumstances dictate, in reference to legal questions involving County. d) To meet with the above persons in both formal and information meetings individually or as groups. e) To provide legal opinions, advice and guidance orally or in writing, as required. f) To supervise and participate in the conduct of the legal affairs of the Board of County Commis- sioners. g) To negotiate contracts, provide administrative review, prepare legislation and conduct litiga- tion, involving County. h) To supervise the professional and clerical staff of the County Attorney's Office. i) To perform other related duties as required by County. 2. Employee hereby accepts employment as County Attorney and agrees to faithfully, industriously and to the best of his ability, experience and talents, and in accor- dance with the Code of Professional Responsibility of the Florida Bar, perform the duties that may be required of him, pursuant to the Agreement. 3. The term of this employment shall be thirty-six (36) months from July 1, 1991, and may be modified only by agreement of the parties. 4. County shall pay to Employee, and Employee shall accept from County, as compensation for the services to be provided by Employee, an annual salary in the amount of Eighty-one Thousand Nine Hundred Eighty-eight ($81,988.00) Dollars, which shall be paid in equal installments bi-weekly, during the term of this contract. Employee shall be entitled to all of the benefits and services to which other County employees are entitled limited to medical, hospitalization including, but not and life insurance, retirement, holidays, annual leave, sick leave, cost of living increases, and Social Security benefits. Merit raises may be awarded on an annual basis by the Board of County Commissioners. 5. Employee shall devote all of his time, attention, knowledge and skills solely to the legal matters of County, and Employee shall not engage in the private practice of law. 2 6. County shall appropriate funds as may be required to employ such personnel as may be required to maintain the Legal Department of the County, including Assistant County Attorneys, secretaries and clerk-typists. 7. County shall provide suitable office space, utilities, telephone service, custodial service, books, library, postage, office supplies, photocopy equipment, furniture, office equipment and other similar materials and other similar materials and equipment as may be necessary for the proper and efficient function of the Legal Depart- ment. 8. County shall provide Employee during the term of his emploYment with an automobile for use on County business, and reimbursement for travel and lodging expenses incurred on County business. 9. Employee's emploYment shall be terminated: a) For cause as defined by, and in accordance with the provisions of, Section 9 of the Monroe County EmploYment Policies and Procedures or in accordance with Paragraph 10 herein, and then only upon the affirmative vote of three members of the Board of County Commissioners. b) Without cause, and not in accordance with the provisions of Section 9 of the Monroe County EmploYment Policies and Procedures, in which case Employee shall be entitled to receive the salary which would otherwise be due him for a period of six (6) months. In such case, Employee shall also be entitled to any earned salary not yet paid, plus accrued annual leave not yet taken. 10. In the event Employee's emploYment shall be terminated for cause, and a Court of competent jurisdiction shall render a judgment which becomes final after appeal, or without appeal, that the termination was without cause under the provisions of Section 9 of the Monroe County EmploYment Policies and Procedures, Employee shall be entitled to the paYment of the salary due him for the remaining period of his contract plus accrued and unused annual leave, as above, 3 plus a reasonable attorney's fee and court costs incurred insuccessfully bringing such legal action. In the event the office of County Attorney shall be abolished by County during the term of this Agreement, it shall be deemed to be a termination of employment without cause under the provisions of this paragraph. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . .. ~ By~ \..U;~~~*_. 7ETu- ...~ ayor aJ.rman (Seal) At tes t : DANNY L. :t:O:r.HAGE, Clerk BY~~~ . epu ty; er R~ RANDY LUDACER ~ t fas-- c . .... ?tne.~ ..~.-- ~~)<y~~ 4