09/27/1977 Agreement ' a .
MEMORANDUM OF UNDERSTANDING
WITH ASSISTANT COUNTY ATTORNEY
WHEREAS, in times past, various Memorandums of Understanding
between the County and the Assistant County Attorney have been
entered into, and
WHEREAS, the parties desire to amend said Memorandums in
certain respects to clarify the understanding of June 7, 1977, now
therefore
IN CONSIDERATION of the mutual covenants, promises and
premises herein contained, the undersigned do hereby agree:
1. That all previous Memorandums between the undersigned
are hereby substituted for and superceded by the terms and conditions
contained hereafter.
2. The County does hereby engage the attorney to provide
professional services to the County and to act as Assistant County
Attorney.
3. Said Assistant County Attorney shall perform such
functions and duties as may be assigned to him by the County Attorney
and /or the Board of County Commissioners.
4. The Assistant County Attorney does hereby agree to
provide professional legal services to the County as Assistant
County Attorney and to at all times adhere to the Code of Professional
Ethics promulgated by the Florida Bar for practicing attorneys at
law and to allow no conflict of interest to arise while representing
the County.
5. The County agrees to pay the attorney the sum of
$20,800.00 per year for providing said professional legal services
on a part -time basis.
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 an annual supplemental allowance of $8,000.00 to be paid in
• q
-2-
equal monthly installments of $666.66 each. (On November 7
1977, the County shall pay unto said attorney the sum of $3,333.33
representing the payments due July 7, August 7, September 7,
October 7 and November 7, 1977 under said supplemental allowance
first authorized June 7, 1977).
The purpose of said supplemental allowance is to compensate
said attorney on a flat fee basis for use of his office, furniture,
maintenance, insurance, copying equipment, law library, custodial
services, utilities, clerical equipment, office supplies, and
postage; all of for which he shall be responsible for providing
during his employment with the Board.
However, said attorney shall be provided with necessary
County stationary, governmental law books (as deemed necessary by
the County Attorney), two file cabinets and one typewriter, and a
County telephone.
Said attorney shall be furnished with a legal secretary
who shall be assigned to his office and shall be a County Employee
entitled to all the rights appertaining thereto. She shall be
permitted to perform secretarial duties for said attorney in his
private law practice but said attorney shall reimburse the County
for her time so expended. Toward this end, a daily log shall be
kept by said attorney showing the time expended by her performing
private practice secretarial services and said log shall be
furnished to the County when required and said attorney shall be
billed on a prorata basis by the County for the use of her services.
At such time as a centralized public building is available
for the County's Legal Staff, said attorney shall be required to
v.
-3-
conduct all of his duties hereunder at said centralized office
only during certain days during specified office hours. The
Legal Secretary and equipment furnished by the County shall also
be assigned to and stationed at that office and the supplemental
allowance provided for hereunder shall cease.
7. The County agrees to reimburse the attorney for his
travel, meals and other expenses incurred while on County business.
8. The parties agree that either party may terminate this
agreement by giving sixty (60) days written notice of termination
or abolition of position.
9. The xerox contract shall be transferred from the County
to said attorney but all sums owing thereunder prior to date hereof,
shall be paid for by the County.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement this 27th day of September, A.D. 1977.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL) BY BY:4110
ayor /Chairman in
Behalf of the Board
Attest:
Clerk
J.
As to attorney RICHARD G. PAYNE, /
Assistant County Attorney
A s to attorney