05/17/1995 Agreement
Dannp I. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA THON, 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
MEMORANDUM
TO:
James Roberts
County Administrator
FROM:
Ruth Ann Jantzen, Deputy Clerk .tP.A Yo
May 31, 1995
DATE:
As you know, on May 17, 1995, the Board of County Commissioners granted
approval and authorized execution of a County Attorney Employment Contract between
Monroe County and James T. Hendrick.
Enclosed please find a fully executed duplicate original of the above document for
return to Mr. Hendrick.
If you have any questions regarding the above, ple~ do not hesitate to contact
this office.
Enclosure
cc: County Attorney
Finance
File
EMPLOYMENT AGREEMENT
THIS AGREEMENT. entered into this ''1+1-\ day of May, 1995, 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 referred to as EMPLOYEE:
WIT N E SSE T H:
WHEREAS, EMPLOYEE has been selected by the Board of County Commissioners
of Monroe County (lithe Board") to serve as County Attorney; and
WHEREAS, COUNTY and EMPLOYEE desire to enter into a contract between
the parties whereby EMPLOYEE shall serve the COUNTY during a transition period,
followed by a one-year tenl1 as County Attorney, 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 he~'eby agrees to engage and hire EMPLOYEE as County Attorney
for a twelve (12) month period effective July 1, 1995, to be head of the Legal Department
of Monroe County, and to direct the legal staff of the County Attorney's Office, and to
R!fformserviees, including the following:
a:: a:J .
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~ ~ a}'.. To attend meetings of the Board of County Commissioners and to
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- render legal assistance, opinions and advice as requested by the Board,
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the County Administrator, and executive employees designated from
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time to time by the County Administrator.
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 pro',ide legal opinions, advice and guidance orally or in writing, as
required.
f) To supelvise 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 supelVise the professional and clerical staff of the County
Attomey's Office.
I) To perform other related duties as required by the Board 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.
3. The term of this employment shall be twelve (12) months from July 1, 1995,
and may be modified only l:y agreement of the parties. Additionally, commencing upon the
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effective date of this Agreement, EMPLOYEE shall seIVe as County Attorney-Designee
until July 1, 1995. During that interim period of approximately 45 days, EMPLOYEE shall
be compensated at one-half the salary schedule provided in Paragraph 4, below, and shall
devote no less than fifteen (15) hours per week in working with the County Attorney and
staff to accomplish an orderly transition.
4. COUNTY shall pay to EMPLOYEE, and EMPLOYEE shall accept from
COUNTY, as compensation for the seIVices to be provided by EMPLOYEE, an annual
salary in the amount of Seventy-Six Thousand Eight Hundred Dollars ($76, 800.00) which
shall be paid in equal installments bi-weekly, during the term ofthis contract. EMPLOYEE
shall be entitled to all of the benefits and seIVices 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
services 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
will require approximately rhirty (30) hours per week, exclusive of time which EMPLOYEE
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may spend performing servIces for the County under the major litigation and GMD
contracts between the COUNTY and EMPLOYEE's private firm (Morgan & Hendrick).
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 EMPLOYEE's private firm, 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 seJvices rendered thereunder by EMPLOYEE or other
members of his finn 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 they County, including
Assistant County Attorneys, :;ecretaries and clerk-typists.
7. COUNTY shall provide suitable office space, utilities, telephone service,
custodial service, books, libraJY, 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 of enrollment, travel,
and lodging for Continuing Legal Education courses, and shall reimburse EMPLOYEE for
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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 EmploYll1r;nt 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 othelWise 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 th~ 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 salaJY due him for the remaining period of his 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 they event the office of County
Attorney shall be abolished by COUNTY during the term of this Agreement, it shall be
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deemed to be a termination of employment without cause under the provisions of this
paragraph.
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
By: ~t2~~
Deputy Clerk .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: cSt~-:F~
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SWORN STATEI\'lENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
TillS FORM MUST DE SIGNED AND SWORN TO IN TilE rRESENCE OF A NOTARY PUBUC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS., This sworn statement is submitted
to m~ ~NTY; rLOIf'IO'+
[print name of the public entity]
by J4mGS T. lfE'NtJR-{~
Iprint Individual's name and title]
for ( J4'f1'ES /. fJ-a./tie1 a{
. [print name of entity submitting sworn statement]
whose business address is
3/ '7 wlllTFrfcM JfJ' .
J( 2t /AJr::."'S7'/ P1.dC1,t:J~
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and (if applicahle) its Federal Employer Identification Number (FEIN) is
NJA-
(Ir the entity has no FEIN, include the Social Security Number of the individual signing this swo...
statement:
()~J~ 3l~ 4>30'1
.)
I understand that a "llUblic entity crime" as definC!l in Paragraph 2,h.i33(I)(g), Florida 5t.utes..-ea....
violation of any state or federal law by II person witli respect to and directly related to the tr.npetl.... basiness
with any public entity or with an agency or politkal subdivision of any other state or of the United Statts,induding,
but not limited to, any bid or contract for goods or serric.~s to he provided to any public entity or - agcllC)' or
political subdivision of any other state or of the United States and involving antitrust, fraud, o.a, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
"
I understand that "conricted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida SlIItllla, mean~ a
findin~ of guilt or a conviction of a puhlic entity crime, with or without an adjudication of guilt, in aay federal or
state trial court of record relating to charges hrought by indictment or information after July I, 1'19. as a result
of a jury verdict, nonjury trial, or entry of It pica of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133(I)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity'" who has
been con\'icted ofa public entity crime. The term "affiliate" includes those officers, directors, cxcc:utiws,partners,
shareholders, employees, members, and agents who arc active in the management of an affiliate. The ownership
hy one person of shares constituting a controlling interest in another person, or pooling of equipmellt or income
among persons when not for fair ptarkcl value under an arm's length agreenlent, shall be It prima farie use that
one penon controls another person. A person who knowingly enters into a joint venture with a vcr-n who has
been con\'icted of a public entity crime in Florida during the preceding 36 monlfts sl1all be considered an affiliate.
I understand that a "person" as defined in Paragnph 287.133( I )(e), Florida Statutes, mcans any na..rat person
or entity organized under the laws of any state or of the United States with the legal power to enter hat. a binding
contract and which bids or applies to bid on contracts for the provision of goods or services let by a plblic entity,
or which otherwise transacts or applies to transact business with a public entity. The term "person" i.tudes those
officers, ~irectors, executh'es, partners, shareholders, employees, members, and agents who ..e active in
management of an entity. 1.2.3.4.5.
B~s('d on information and belief, the st~te",ent which I h~ve marked below is true in relation to the entity
subn~'n~ this sworn st~temen(, (Indicate which st~tement applies.!
L Neilher the enlity suhrnillin~ this sworn statement, nor any of its oHicers, directors, C!ll~utivcs,
partners, sharehnlclns, emplnYl'es, memhers, or agents who'a~e active in the mana~ement orthe entity, nor
~ny ~ffiliale of the entity has been charged with ~nd coO\:icted of a puhlic entit)' crime subsequent to July
1, 1989,
_ The entily submitting this sworn statement, nor ~ny of its oHieers, directors, executives, partners,
shareholder5, employees, memhers, or a~ents who an~ Rctive in the management oftheentity, nor an aHiliate
of the enlity has been char~cd with and convicted of a puhlic entity crime subsequent to July I, 1989.
_ T~e entity suhmitting this sworn statement, or one or more of its oHicers, dir~tors, exec:utives,
partners, shareholders, employees, members, or agents who arc active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
19M? However, there h~s been a subsequent proceeding before a Hearing OHicer of the State of Florida,
f)ivisioll of Administrative Hearings and the Fin~1 Order entered hy the Hearing OHicer determined that
it was lIot ill thl' puhlic interest to place the entity submitting this sworn statement on the convicted vendor
list. [Attach a copy of the final order)
6. 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACfING OFFICER
FOR TilE PUBLIC ENTITY IDENTIFIED ON PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, TIIATTIIIS FOltMISVALIDTIIROUGII DECEMBER31 OF TilE CALENDAR
YEAR IN WIIICHIT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 2H1.017, FLORIDA STATUToES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM,
'.~' ,
Sworn to and sub~cribed before me this ~~ day of
Personally known~~ OW"
OR Produced identification
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(Type of identification)
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Form rUR 7068 (Rev, 06/11/92)
"","~'f:"" vvm
.!'~,-*"..~.~ E D. MARDIS
~(~< ;;~ MY COMMISSION' CC 411701
"1.~.!' EXPIRES: October 5. 1998
,."""., Bonded Thru NoIaIy PublIc ~
~----...-
SWORN STJ\TEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORID^
ETHICS CLAUSE
r€tained or otherwise had act on hisf":Hs.a beha1fariy former County officer
J AIYJES T tJevl),f/c;(
w~rrants that he~ h~s not employed,
or employee in violation of section 2 of Ordinance No. 10-1990 or any
County officer or empioyee in violation of section 3 of Ordinance No.
10-1990. For breach or violation of this provision the Coun~y may, in
its discretion, terminate this contract without liability and may also,
in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the
r employee.
COUNTY OF
-.lkJ...
MaI\fOt' ~
_.- 4 ..,'
ST1\TE OF
Subscribed and sworn to (or affirmed) before
me
~'~L
(date) by
(name of affiant).
He/She is ~ersona11y known to me or has produced
as identification.
(type of identifi~ation)
NOTARY PUBLIC
"'~~~'~"" YVETTE D. MARDIS
~)>.'!"'.l'~"
[.(@.~'r;;~ MY COMMISSION /I CC 411701
'<?~.~.; EXPIRES: October 5. 1998
"",9r"r:-.'t- Bonded Thru Notary PubIk: Und8lwittels
MCPt4 REV. 2/92