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1 <br />X <br />COP\ <br />GERTIF'CATION ON LAST PAGE <br />J.R. SMITH. CLERK <br />construed to deprive the County Attorney of any earned benefits under the Florida Retirement <br />System, or similar deferred income or retirement programs. <br />B. Notwithstanding the requirement of 30 days written notice set forth above, <br />the Board of County Commissioners may terminate the County Attorney's employment <br />immediately upon a finding by the Board of County Commissioners of good cause. For the <br />purposes of this section, the term "good cause" shall mean any of the following: (a) loss by the <br />County Attorney of his/her right to practice law in the State of Florida, (b) gross negligence in <br />the performance of any duties set forth in section 3 above or repeated failure to perform such <br />duties in a professional, competent or timely manner, or (c) reasonable cause to believe that the <br />County Attorney has violated the terms and conditions of this Agreement, including, without <br />limitation, the ethical and legal standards of conduct set forth in section 4 above. <br />C. In the event that the Board of County Commissioners terminates the <br />County Attorney for good cause the County Attorney shall have the right to request a hearing <br />before the Board, which shall be held as soon as reasonably possible. The County Attorney shall <br />exercise such right by delivering written notice requesting a hearing to the Chairman of the <br />Board, within five business days of the Board's decision to terminate for good cause. In the <br />event that the County Attorney prevails in such hearing, the Board s decision to terminate for <br />good cause shall automatically be deemed to have been a 30 day notice of termination pursuant <br />to subsection 7A above, and the County Attorney's sole remedy under this Agreement shall be <br />payment of unpaid salary and benefits for the 30 day period following the Board's decision to <br />terminate for good cause. <br />D. Nothing in this section 8 shall be interpreted to prevent the Board of <br />County Commissioners from imposing any other form of discipline short of termination, such as <br />probation, suspension (with or without pay), etc. <br />9. No Property Rights. The County Attorney shall not acquire any property rights <br />in employment or continued employment as a result of this Agreement, but shall obtain only <br />those contractual rights described herein. <br />10. Interpretation. This Agreement has been submitted to the equal review and <br />scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms <br />their agreement. In any dispute between the parties, the Agreement shall be given a fair and <br />reasonable interpretation, without consideration or weight being given to the fact that it was <br />initially prepared or drafted by any particular party. <br />11. Severability. Each provision of this Agreement is deemed to be separate and <br />divisible If any provision shall be held invalid, the remaining provisions shall remain in full <br />force and effect. <br />12. Governing Law. This Agreement shall be governed by and interpreted in <br />accordance with the laws of the State of Florida. <br />M. IGENERALICAOISt melon Reingold9Contract (1014-2015).docx <br />3 <br />