Item R2
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19.2002
Division:
County Administrator
Bulk Item: Yes ---X- No
Department: County Administrator
AGENDA ITEM WORDING:
Approval of an Extension to the Employment Agreement of the current County Attorney until a new
County Attorney is hired and a transition period completed.
ITEM BACKGROUND:
The present County Attorney's Employment Agreement expires in June, 2002. He has indicated that
he does not wish a new Employment Agreement but will stay on until a new County Attorney is
selected by the Board of County Commissioners and an adequate transition period completed.
PREVIOUS RELEVANT BOCC ACTION:
Adoption of previous Employment Agreements with the current County Attorney.
CONTRACT/AGREEMENT CHANGES:
Extension of current Agreement until December 31, 2002 or until an adequate transition is completed
prior to that time.
STAFF RECOMMENDATIONS:
Approval.
TOT AL COST:
$48.25/hr + benefits
BUDGETED: Yes ---X- No
COST TO COUNTY:
$48.25/hr + benefits
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: Special Counsel----K-
OMB/Purchasing _ Risk Management _
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DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #-*
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6-06-2002 d:llAM
FROM MEYER/ERSKINE 872d822
.
EMPLOYMENT AGREEMENT EXTENSION
THIS EMPLOYMENT EXTENSION AGREEMENT, is entered into this __ day of
June, 2002, by and between Monroe County, a political subdivision of the State of Florida,
hereinafter referred to as COUNTY, and James T. Hendrick. attorney at law. hereinafter refer~
to as EMPLOYEE:
WIT N E SSE T H:
WHEREAS, the existing employment agreement between the parties dated January 14,
1998, hereafter original agreement, expires June 30,2002;
WHEREAS,. the County desires to extend the original agreement until December 31.2002.
Qr until a new County Attorney is hired and a transition period is complete; Clnd
WHeREAS, the EMPLOye;E agrees to such an extension of the original agreement; now,
therefore
IN CONSIDERATION of the mutual covenants and benefits set forth below, the Pitrties
agree as follOWS:
1. The term of this original agreement i$ hereby extended until December 31, 2002,
provided, however, that it may be terminated by either party prior to that date upon the
occurrence of:
a) The hiring by the County of a replacement County Attorney; and
b) The completion of a transition period subsequent to the hiring of the new COunty
Attorney, such transition period not to exceed three months.
In no gtse may the original agreement be extended past December 31, 2002 without a
written agreement signed by the parties.
2. In all other respects the original agreement remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
Attest: DANNY L KOlHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY. FLORIDA
Deputy Clerk
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EMPLOYMENT AGREEMENT
THIS AGREEMENT. entered into this ..L! Lf t:lday of -JANU4tY'. 1998. by and
between Monroe County, a political subdivision of the State of Florida. hereinafter
referred to os COUNTY. and James T. HendricK. attorney at law. hereinafter referred to
as EMPLOYEE:
W IT N E SSE T H:
WHEREAS, EMPLOYEE was selected by the Board of County Commissioners of
Monroe County (lithe Board") to serve as County Attorney and now serves in that
capacity: and
WHEREAS. COUNTY and EMPLOYEE desire to enter into a contract between the
parties,
NOW. THEREfORE, intending to be legally bound for themselves. their successors,
assigns and heirs. the parties hereto mutually agree os follows:
1, COUNTY hereby agrees to engage and hire EMPLOYEE as County
Attorney for the forty-eight (48) month period commencing July 1, 1998. to be head of
the Legal Department of Monroe County. and to direct the legal staff of the Cou~
Attorney's Office. and to perform services. including the following:
0) To attend meetings of the Boord of County Commissioners and to
render legal assistance. ()pinions and advice as rE!quested by the
Boord. the County Administrator. and executive employees
designated from time to time by the County Administrator.
b) To review documents of legal significance for legal sufficiency,
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cl TO confer with County Commissioners. Division Directors.
Deportment Heads. other County officers and employees as
authorized and requested by the County Admini-;trotor. 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 informal
meetings. individually or in groups.
e) To provide legol opinions. advice and guidance orolly or in writing.
as required.
fl To supervise and participate in the conduct of thf~ legal affairs of
the Boord of County Commissioners.
gJ To negotiate contracts. provide administrative review. prepare
legislation and. subject t() the provisions of Paragrclph S(b). below.
to conduct litigation involving the County.
h) To supervise the orofessional and clerical staff of the County
Attorney's Office.
.,. .
i) To perform other related duties as required by the Boord or County
Administrator.
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
accordance with the Code of Professional Responsibility of the Florida Bar. perform the
duties that may be required of him. pursuant to the Agreement.
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3. The term of this employment sholl be forty-eight (481 months from July 1.
1998. and may be modified only by agreement of the parties.
4. COUNTY shall pay to EMPLOYEE, and EMPLOYEE sholl accept from
COUNTY. os compensation for the services to be provided by EMPLOYEE. an annual
salary in the amount of Eighty-six Thousand Seven and 25/100 Dollars ($86.007.25l. which
sholl 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 ore entitled including. but not limited to. medical. hospikllization. dental
and vision core. life insurance. retirement. holidays. annual leave. sick leave. cost of
living increase. and Social Security benefits. Merit raises may be clwarded on an
annual basis by the Boord of County Commissioners. COUNTY shall also pay to
EMPLOYEE the sum of $300.00 per month as and for an automobile allowance. in lieu of
o County-furnished automobile. This allowance sholl cover 011 EMPLOYEE's automobile
travel costs incurred for automobile transportcltion within Monroe County. including. but
not limited to. cost of rental. fuel and oil. repairs. insurance. and other normally-incurred
automobile costs.
5.
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EMPLOYEE sholl devote sLlfficient time and attention to perform his
service os County Attorney. while maintaining his private practice of low on 0 port-time
basis. The parties anticipate that EMPLOYEE's performance of County Attorney duties
will require approximately thirty (30) hours per week. As 0 parl of his duties. EMPLOYEE
shall attend the meetings of the Board and the monthly meetings of the County
Administrator and Division Directors, On any occasion when EMPLOYEE may be
unavailable. he shall designate a qualified substitute to act in his place.
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b) The parties recognize that the law firm of Morgan & Brookes.
comprised of attomeys with whom EMPLOYEE practices in the partnership known as
Morgan & Hendrick. is currently retained pursuant to two existing contracts to provide
legal services to the County. Those contracts (for Growth Management and major
litigation) remain in effect and may be extended; and services rendered thereunder by
Morgan & Brookes are outside the scope of this Agreement.
6. COUNTY sholl appropriate funds os may be required to employ such
personnel as may be required to maintain the Legal Department of the County.
including Assistant County Attorneys. secretalies and clerk-typists.
7. COUNTY shall provide suitable office space. utilities. telephone service.
custodial service. booles. library. postage. office supplies. photocopy equipment.
furniture. office equipment and other similar materials and equipment os may be
necessary for the proper and efficient function of the Legal Departml~nt. 011 of which
will be provided at County facilities. COUNTY sholl also pay for EMPLOYEE's expenses of
enrollment. travel. and lodging for Continuing Legal Education cOlJrses. and shall
reimburse EMPLOYEE for travel and lodging expenses on approved COUNTY business~t
the rote speCified under Florida statutes: provided. however. that EMPLOYEE sholl
receive nothing other than his automobile allowance for automobile transportation
within Monroe County.
8. EMPLOYEE's employment may be terminated prior to the term of this
Agreement only as provided below:
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a) For cause as defined by. ond in accordance with the provisions of.
the Monroe County Employment Policies and Procedures Manual and then only upon
the affirmative vote of three members of the Board of County Commissioners.
b) Without cause. in which case EMPLOYEE sholl be entitled to receive
the salary which would otherwise be due him for a period of six (6) months. If' such
case. EMPLOYEE sholl be entitled to any earned salary not yet paid. plus accrued
annual and sick. leave not yet taken and any other accrued employee benefits.
9. In the event EMPLOYEE's employment shall be terminated for cause. and
a Court of competent jurisdiction sholl render a judgment which becomes final after
appeal. or without appeal. that the termination was not "for cause" under the
provisions of the Monroe County Employment Policies and ProcEldures Manual.
EMPLOYEE shall be entitled to the payment of the salary due him for the remaining
period of this contract plus accrued and unused leave. as above. pills a reasonable
attorney's fee and court costs incurred in successfully bringing such legol action. In the
event the office of County Attorney shall be abolished by COUNTY during the term of
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Qitness ~
pcon/hendriCk,doc
AT'le als
LARRY R. ERSKINE
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