07/17/1996 Agreement
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BRANOI OFFICE
3117 OVERSBAS HIGHWAY
MARAmON. FLORIDA 33050
TEL (305) 289-6021
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
MEMORANDUM
BRANCH OFFICE
88820 OVBRSBAS HIGHWAY
PLANT AnON KEY. FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
TO: JaDles T. Hendrick
County' Attorney
FROM:
Ruth Ann JantzenMA. .
Deputy Clerk 7
DATE:
August 14, 1996
At the July 17, 1996 County Commission Meeting, the Board granted approval
and authorized execution of an Employment Agreement between Monroe County and
James T.Hendrick, Esq., as County Attorney.
Enclosed please find a fully executed duplicate original or the above Agreement
for your files.
If you have any questions regarding the above, please do not hesitate to contact
this office.
Enclosure
cc: Finance
County Administrator, w/o document
File
EMPLOYMENT AGREEMENT
THIS AGREEMENT, entered into this / 1 ti day of -J U L L/
, 1996, by and
between Monroe County, a political subdivision of the State of F~rid~~, h~ina~r
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referred to as COUNTY, and James T. Hendrick, attorney at law, hereih?tter r~rrecRb
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as EMPLOYEE:
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WHEREAS, EMPLOYEE was selected by the Board of County Commissioners"of
WIT N E SSE T H:
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 as follows:
1. COUNTY hereby agrees to engage and hire EMPLOYEE as County
Attorney for a twenty-four (24) month period effective July 1, 1996, to be head of the
Legal Department of Monroe 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 by the
Board, the County Administrator, and executive employees
designated from time to time by the County Administrator.
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b) To review documents of legal significance for legal sufficiency.
c) To confer with County Commissioners, Division Directors,
Department Heads, other County officers and employees as
authorized and requested by the County Administrator, 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 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 Commissioners.
g) To negotiate contracts, provide administrative review, prepare
legislation and, subject to the provisions of Paragraph 5(b), below,
to conduct litigation involving the County.
h) To supervise the professional and clerical staff of the County
Attorney's Office.
i) To perform other related duties as required by the Board or County
Ad ministrator.
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
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accordance 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 twenty-four (24) months from July 1,
1996, 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 Seventy-Nine Thousand One Hundred Four Dollars ($79,104.00)
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 including, but not limited to, medical, hospitalization, dental
and vision care, life insurance, retirement, holidays, annual leave, sick leave, cost of
living increase, and Social Security benefits. Merit raises may be awarded on an
annual basis by the Board 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 a County-furnished automobile. This allowance shall cover all EMPLOYEE's
automobile travel costs incurred for automobile transportation within Monroe County,
including, but not limited to, cost of rental, fuel and oil, repairs, insurance, and other
normally-incurred automobile costs.
5.
a)
EMPLOYEE shall devote sufficient time and attention to perform his
service as County Attorney, while maintaining his private practice of law on a part-time
basis. The parties anticipate that EMPLOYEE's performance of County Attorney duties
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will require approximately thirty (30) hours per week. EMPLOYEE shall establish office
hours when he will, subject to litigation and other scheduling demands, be present at
the office of the County Attorney to supervise the work of his staff and conduct the
work of his office. As a part 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.
b) The parties recognize that the law firm of Morgan & Brookes,
comprised of attorneys 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 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 equipment as may be
necessary for the proper and efficient function of the Legal Department, all of which
will be provided at County facilities. COUNTY shall also pay for EMPLOYEE's expenses
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of enrollment, travel. and lodging for Continuing Legal Education courses, and shall
reimburse EMPLOYEE for travel and lodging expenses on approved COUNTY business
at the rate specified under Florida statutes; provided, however, that EMPLOYEE shall
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:
a) For cause as defined by, and 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 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 be entitled to any earned salary not yet paid, plus accrued
annual 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 shall 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 Procedures 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, plus a reasonable
attorney's fee and court costs incurred in successfully bringing such legal action. In the
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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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~f~
BY~~
Depu y C1er
~~~~
Witness
L/~~
Wi~ss
con/hendrick.doc
Approved for legal S~iCien,CY
<-../'~
LARRY R. ERSKINE
by:
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