Item R08E
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17, 2010 Division: COUNTY ATTORNEY'S OFFICE
Bulk Item: Yes x No _ Department:
Staff Contact Person/Phone #: Derek V. Howard
305-292-3172
AGENDA ITEM WORDING:
Approval of Amendment to Agreement for Expert Witness Services with Marr and Associates
Appraisal Company, Inc. in connection with Galleon Bay v. Monroe County v. State of Florida (Circuit
Court Case No. CAK 02-595).
ITEM BACKGROUND:
Galleon Bay v. Monroe County v. State of Florida (Circuit Court Case No. CAK 02-595) is a
regulatory takings case where liability and any resulting compensation are based in part on the fair
market value of the subject property. Marr and Associates Appraisal Company, Inc. will be appraising
the subject property.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Agreement for Expert Witness Services dated August 18, 2010.
CONTRACT/AGREEMENT CHANGES:
Agreement expands the definition of "Litigation" for which services will be provided to include
Galleon Bay v. Monroe County v. State of Florida and increases the contract amount from $45,000 to
$65,000.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty
DOCUMENTATION: Included
DISPOSITION:
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
x Not Required
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Marr & Associates Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Amendment to Agreement with Marr & Associates Appraisal Company, Inc. to provide
expert witness services relating to property valuation in Galleon Bay v. Monroe County
v. State of Florida (Cir. Court Case No. CAK 02-595).
Contract Manager: Derek Howard 305-394- County Attorney's Office
1524
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 8/18/10 Agenda Deadline: 8/3/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 65,000 Current Year Portion: $
Budgeted? Yes❑ No ❑ Account Codes: - - -
Grant: $ - - -
County Match: $ - - -
Estimated Ongoing Costs: $
(Not included in dollar value aboi
Date In
I Division Director
Risk Management
O.M.B./Purchasing
County Attorney / ° Z:d tat
I Comments:
ADDITIONAL COSTS
/yr For:
fities, jan
CONTRACT REVIEW
Changes Date Out
Needed Reviewer
Yes❑ No❑
Yes❑ No❑
Yes❑ No❑
Yes®No❑v1.�.
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AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES is
made as of this _ day of , 2010, to the Agreement for Expert Witness Services
dated August 18, 2010, between Monroe County ("COUNTY'), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and
Associates Appraisal Company, Inc. ("CONSULTANT'S, whose address is 5307 Pimlico Drive,
Tallahassee, Florida. 32309.
WITNESSETH:
WHEREAS, COUNTY desires to continue engaging the services of
CONSULTANT in the matter of Galleon Bay v. Monroe County & State of Florida
(Circuit Court Case No. CAK 02-595);
NOW, THEREFORE, COUNTY and CONSULTANT agree as follows:
The Preamble shall be amended as follows:
THIS AGREEMENT is made as of this day of 2010,
between Monroe County ("COUNTY"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and
Associates Appraisal Company, Inc. ("CONSULTANT") a Florida corporation, whose
address is 5307 Pimlico Drive, Tallahassee, Florida, for expert witness and consulting
services in connection with the regulatory takings cases known as Emmerts v. Monroe
County v Florida Department of Community Affwrs (Circuit Court Case No. CAP-02-
520); Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No. CAK
02-595); and Collins, et al. v. Monroe County v State of Florida (Circuit Court Case No.
CA-M-04-379) ("Litigation");
2. Section II shall be amended as follows:
SECTION IL COMPENSATION
CONSULTANT shall be paid an hourly rate of ONE HUNDRED SEVENTY FIVE
DOLLARS AND NO/cents ($175.00) for services performed under this Agreement.
Compensation for services provided by CONSULTANT shall not exceed Sixty-five
Thousand Dollars ($65,000.00).
3. This Amendment is effective retroactive to October 1, 2010.
3. The remaining terms of the Agreement for Expert Witness Services dated August 18, 2010,
not inconsistent herewith shall remain in full force and effect.
IN WITNESS VIBEREOF, the parties hereto have executed this Amendment to Expert Witness
Services as of the day and year first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
MARK AND ASSOCIATES
APPRAISAL COMPANY, INC.
Witnesses to CONSULTANT
Name:
0
BOARD OF COUNTY
COMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor Sylvia J. Murphy
Date:
Signature Date
Name: Signature Date
MONROE COUNTY ATTORNEY
APPROVED AS FORM:'.
SUSAN M. G I SLEY
ASSISTANT COON ATTORNEY
Date
Fa
AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AGREEMENT is made as of this ! 'P�4 day of
2010, between Monroe County ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marc and
Associates Appraisal Company, Inc. ("CONSULTANT') a Florida corporation, whose
address is 5307 Pimlico Drive, Tallahassee, Florida, for expert witness and consulting
services in connection with the regulatory takings cases known as Emmerts v Monroe
County v. Florida Department of Community Affairs (Circuit Court Case No. CAP-02-
520) and Collins, et. al. v Monroe County v. State of Florida (Circuit Court Case No.
CA-M-04-379) ("Litigation's;
WHEREAS, COUNTY desires to engage CONSULTANT to provide expert
witness and consulting services in the area of real property appraisals in connection with
the Litigation; and
WHEREAS, CONSULTANT desires to render these Services as described in
SECTION I, Scope of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the
mutual covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT, by and through its principal officer Trent Marr, shall assist the County
in preparing for and defending the County in the Litigation with regard to property
valuation. CONSULTANT'S services shall include the following as necessary and
required: (a) reviewing background documents and other materials relevant to the
performance of all duties under this Agreement; (b) performing appraisals in full
compliance with the Uniform Standards of Professional Appraisal Practice; (c)
conducting necessary or required research and analysis; (d) reviewing other appraisals of
the properties at issue in the Litigation; and (e) preparing for and testifying at any
depositions and/or trials of the Litigation.
SECTION IL COMPENSATION
CONSULTANT shall be paid an hourly rate of ONE HUNDRED SEVENTY FIVE
DOLLARS AND NO/cents ($175.00) for services performed under this Agreement.
Compensation for services provided by CONSULTANT shall not exceed Forty-five
Thousand Dollars ($45,000.00).
SECTION HL PAYMENT
In addition to the Compensation for CONSULTANT'S Services provided for herein,
Consultant shall be reimbursed for expenses (including air and ground transportation,
meals, and lodging) incurred in connection with travel performed at COUNTY'S request.
Consultant shall be reimbursed for expenses only to the extent aid in the amounts
authorized by Section 112.061, Florida Statutes and the Monroe County Code, payment
will be made periodically, but no more frequently than monthly, in arrears. Expenses
shall be submitted by CONSULTANT and authorized by the COUNTY in writing with
backup documentation as required by the Clerk of Court.
The COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
If the CONSULTANT'S duties, obligations and responsibilities are materially changed
by written amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward or
downward.
SECTION IV. PERIOD OF SERVICE
This Agreement shall become effective upon signature by all parties and shall continue in
effect until the services are completed or terminated. This Agreement may be terminated
by either party, with or without cause, upon seven days written notice to the other party.
SECTION V. NON -WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSUTLANT ackmowledge that COUNTY does not waive immunity
nor does COUNTY agree to hold the Consultant harmless; notwithstanding the
provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and
the COUNTY in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision
for waiver.
SECTION VL CONTROLLING LAW
This Agreement is to be governed by the law ofthe State of Florida Venue shall be in
Monroe County.
SECTION VIL SEVERABIQ,IiTY
If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall be valid and binding upon the parties. One or more waivers by either party
of any provision, term or condition shall not be construed by the other party as a waiver of
any subsequent breach of the same provision, term or condition.
SECTION VIM NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
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CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prolu'bits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VH1 of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability;10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status
or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of this Agreement.
SECTION 10L NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in
person to the individuals and addresses listed below, or if delivered or sent by first class
mail, certified, return receipt, or by courier with proof of delivery. All written
correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. The correspondence shall be directed to:
FOR COUNTY:
Mr. Robert Shillinger
Chief Assistant County Attorney
I I I I I P Street, Suite 408
Key West, Florida 33040
FOR CONSULTANT:
Mr. Trent Marr
Mann and Associates Appraisal Company, Inc.
5307 Pimlico Drive
Tallahassee, Florida 32309
SECTION X. NO THIRD PARTY BENEFICIARIES
3
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
SECTION XL BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
SECTION XH. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
SECTION XHI. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. COUNTY and CONSULTANT specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
SECTION XIV. COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only merest of each is to perform and
receive benefits as recited in this Agreement.
SECTION XV. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
SECTION XVL EXECUTION
This Agreement, including any exhibits included herein, consti utes the entire Agreement
between CONSULTANT and COUNTY, and supersedes and controls over all prior written
or oral understandings. This Agreement may be amended, supplemented or modified only
by a written instrument duly executed by the parties-
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IN WITNESS WBEREOF, the parties hereto have executed this Agreement as of the day
and, yM first written above.
(SEAL)
D L. KOLHAGE, Clerk
Bt
Deputy Cler
Date: AUG 1 9 2010
MARR AND ASSOCIATES
APPRAISAL COMPANY, INC.
"CONSULTANT"
BY: / A
NAME' Trent Marr, MAI, SRPA
BOARD OF COUNTY
COMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
—Z\a4 y0triCbffirman
Date: AUG 1 8 2010
Witnesses to Consultant
NAME:
Date:
TITLE: President
Marr & Associates Appraisal Company, Inc.
5307 Pimlico Drive
ADDRESS: Tallahassee, FL 32309
Date: 8-17-10
E
NAME:
Date:
MONROE COUNTY ATTORNEY
-APPROVED AS TO FORM:
CHRI8TINE M. LIMBERT-BARROWS
0 toSSIST % ;ATTORNEY
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