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4. 07/01/1994 to 06/30/1995..03/23/1994 Agreement nlannp lL. !tolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 M E M 0 RAN DUM To: Randy Ludacer, County Attorney Isabel C. DeSantis, Deputy Clerk ~.C.~ March 31, 1994 From: Date: ================================================================ As you know, at the March 23, 1994 meeting, the Board authorized the execution of an Extension of Employment Agreement between Monroe County and Randy Ludacer as County Attorney for one additional year to July 1, 1995. Attached hereto is a duplicate original of the subject Agreement for your use and records. Should you have any questions concerning the above, please feel free to contact me. cc: County Administrator Finance File \l:5 T.l U - - A Z "l -::0 d.... .-- .- ~ '. :r:> ::0 I...J -. ~.. 7: ..... U - - '. 1::;. - w - EXTENSION OF EMPLOYMENT AGREEMENT THIS AGREEMENT entered into this 23rd day of March 1994, by and between MONROE COUNTY, a political 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: WHEREAS, Employee is the current County Attorney; and WHEREAS, COllnty and Employee both desire to extend the te~ -" \C5 of the existing contract between the parties for ~n:addi~ion;i ::::: .:~ .~ ::0:: CJ :;:::0 '" :::0 VJ ~ NOW, THEREFORE, the parties hereto agree as follows: ~ .J. >:) i_~ .-. '~ ,I The County hereby agrees to extend the. EmplO}T1Ilen:c .ts -.-rJ \".) j Agreement dated May 15, 1991, and hereby engages and hires one-year period and to reduce this agreement to writing; .::J ~ ,"., 1. Employee for an additional one year to July 1, 1995, to be head of the Legal Department of the County, and to direct the legal staff of the County Attorney's Office during this period. 2. The duties of the County Attorney shall be those as set forth in that certain Employment Agreement executed between the parties on May 15, 1991, a copy of which is attached hereto. 3. The County shall pay to the Employee and the Employee shall accept from the County, as compensation for the services to be provided by the Employee, an annual salary in the amount of his current salary which is $86,827.38, which shall be paid in equal installments bi-weekly, during the term of this agreement. Employee shall be entitled to all of the benefits and services to which other County employees are entitled including, but not limited to medical, hospitalization 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. 4. Paragraph 8 of the contract is hereby modified and the cost of the automobile allowance which the County Attorney was heretofore entitled to receive in the SlIm of $500 per month shall be retained by the County as and for reimbursement for retroactive contribution made by the County to the Senior Management Service Class Retirement Fund on behalf of the County Attorney. 5. All other terms and provisions of the Employment Agreement shall remain in full force and effect unless modified herein. IN WITNESS WHEREOF, the parties hereto have executed this extension to employment agreement as of the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY~C.~ Deputy er a1.rman ~.Aio. Witness 2~ .. ,----,- c..... ~ t/ itness RU~ RANDY LUDACER coniiludacer ~ "-.,- EMPLOYMENT AG~EDIENT THIS AGREEMENT, entered into this 15th day of May __, 1991. by and between ~wnroe County, a political subdivision of the State of Florida. hereinafter referred to as County, and Randy Ludacer, at~orney at law, hereinafter referr€d to as Employee I WIT N E SSE T H: w~EREAS, Employee is the current County AttorneYI and WHEREAS, County and Employee desire to extend the contract between the parties for an additional period and to reduce their agreement to writingl 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, b) opinions and advice as requested. To review documents of legal significance for legal sufficiency. To confer with County Comads8ion,rs. Department Heads, officers and employe.., and with the public when circumstances dictate, in reference to legal questions involving County. To meet with the above persons in both formal and information meetings individually or as groups. To provide legal opinions, advice and guidance orally or in writing, as required. c) d) e) , '- '-- 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 tal~nts, and in accor- dance with the Code of Professional Respcnsibility of the Florida Bar, perform the duties that may be required of him, pursuant to the Agree~ent. 3. Tbe term of tbis employw~nt sball be thirty-six (36) motlths from July 1, 1991, and may be modified only by agreement of th~ 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 I bi-weekly. during the term of this contract. Employe~'shall be entitled to all of the benefits and services to which other County employees are entitled including. but not limited to medical. hospitalization 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 a8 may be neccl:ISary for the proper and efficient function of the Legal Depart- ment. B. County shall provide Employee during the term of his e~ployment with an automobile for use on County business, and reimbursement for travel and lodging expenses incurred on County busineas. 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 aCCOrd<lllCe with the provisions of Section 9 of the Monroe County Employment Policies and Procedures, itl which case Employee shall be f entitled to receive the salary which would otherwise ge due him for a period of six (6) months. In such case, Employee shall also be ~ntitled 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 EmploYUlent Policies and Procedures, Employee shall be entitled to the paywcnt 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 t~c 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 ~'1~ By_~ - __,/ Mayor/Chairman (Seal) Attest:DANNY L. ICOl"HAGE, Clerk By4~ ~~ . eputy ~i{ - ..,,- } / / --,/ f : HANby LUDAttR /x;tj~ f' A~) Wi t:Iit~8S "'~~ '" \) ) , {/ Q1t~~S' -/;~~--~ 4