Item R5
* REVISED BACK~UP *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/21/09
Division: County Attorney
Bulk Item: Yes
No~
Staff Contact PersonlPhone #: Bob Shillinger x3470
AGENDA ITEM WORDING: Approval of professional services agreement with R.E.REECE, p.A.
to provide expert consulting services, including testimony, in the field of surveying in the matter of
Donald J. Barton, Jr. v. Monroe County, CA K 09-917, and the related matter of Donald J. Barton v.
Stewart Andrews, CA K 03-1107.
ITEM BACKGROUND: The County has been sued in a quiet title action regarding the ownership of
the land underlying a portion of 4th Avenue on Stock Island. Since the County no longer employs an in
house surveyor, one needs to be retained in order for the County to properly defend the suit. Due to
the nature of the case, which has been consolidated into another case, it is unclear whether the scope of
services will be confined to merely determining whether the road is in the correct location or whether
the surveyor's services will be required for additional matters. Due to this complication, a closed
session will be held during the October 21 It meeting to discuss strategies regarding litigation
expenditures. For this reason, this item should NOT be considered under the bulk: items and any action
should be deferred until after the closed session.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 55,000.00 INDIRECT COST:none
BUDGETED: Yes
COST TO COUNTY: 55,000.00
SOURCE OF FUNDS: Ad valorem
REVENUE PRODUCING: No.
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included xx
Not Required_
DIsPOsmON:
AGENDA ITEM # R-5
* REVISED BACI.{ -UP *
Revised 1/09
PROFESSIONAL SERVICES AGREEMENT
BETWEEN MONROE COUNTY AND
R.E. REECE, P .A.,
THIS AGREEMENT made and entered into this _ day of , 2009, by and between the
MONROE COUNTY (hereinafter the "COUNTY'1, a political subdivision of the State of Florida
whose address is 1100 Simonton Street Key West, Florida 33040, and R.E..REECE, P.A.
(hereinafter "REECE"), a professional association, whose address is 30364 Quail Roost Trail, Big
Pine Key, FL 33043, hereby enter into this Agreement regarding the retention of REECE by the
COUN1Y to provide consulting services in the case-of Donald J. Barton, Jr. vs. Monroe County,
Case No.: 2009-CA-917-K which has been consolidated into Donald J. Barton v. Stewart Andrews,
Case No.: 2003-CA-II07-K (hereinafter the "Litigation").
WHEREAS, the COUNTY desires to retain the services of REECE to provide surveying and
related expert technical consultation in review of the plat and property lines, research and related
expert opinion, and, if necessary, expert testimony; and
WHEREAS, REECE desires to provide the services to the COUNTY;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties agree as follows:
1. REECE will provide expert consultation and testimony as well as technical advice as a
surveyor, ifrequested, by the COUNlY in 1helitigation.
2. This Agreement shall become effective upon signature by all parties and shall continue in
effect until services are completed or terminated by either party, with or without cause, upon
fifteen (15) days written notice to the other party.
3. REECE shall bill the COUNTY at the hourly rate and time for approved time keepers.
Records of the time expended and description of the service performed by each time-keeper shall
be detailed separately on the invoices. Personnel who are not listed as timekeepers will not be
paid unless approved in writing under the requirements of this Agreement
Hourly Rates" and Chanscs to hourly rates are set at:
Approved Ti.e Keepen:
Name:
Joe Robert White
Hourly Rate:
S175lhour for office work
$2301hour for field work
John Mucci
Kris Beal
$lSO/hour
$150lhour
4. REECE shall not be reimbursed for travel and other expenses for work performed within
Monroe County. REECE shall be reimbursed for work performed outside Monroe County
provided only to the extent and the amounts authorized by Chapter 2 of the Monroe County Code,
payment will be made periodically, but no more frequently than monthly, in arrears. Expenses
I
shall be submitted by REECE and authorized by the COUNTY in writing with backup
documentation as required by the Clerk of Court. Invoices shall include copies of receipts for all.
Travel expenses will be reimbursed in accordance with the applicable provisions of Florida
Statute 112.321 and of the Monroe County Code for "approved travelers" and shall be
summarized on the Monroe County Travel Form with all applicable receipts attached thereto.
Airplane travel shall be verified by the attachment ofa boarding pass or by a waiver.
;~..
5. The COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners.
6. REECE and too COUNTY agree that the maximum amount payable under this contract
will be $5,000,00 without further approval of the Board of County Commissioners.
7. The COUNTY and REECE acknowledge that the COUNTY does not waive any
immunity nor does COUNTY agree to hold consultant harmless; notwithstanding the provision of
Sec. 768.28, Florida Statutes, the participation of REECE and the COUNTY in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance, 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 COUNlY be required to
contain any provision for waiver.
8. The COUNTY and REECE 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. The COUNTY or REECE agree 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 oftbe 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 use SSe 1681-] 683, and 1685-
I 686), which prohibits discrimination on the basis of sex; 3) Section S04 of the Rehabilitation Act
of 1973, as amended (20 use s. 794), which probibits discrimination on the basis ofbandicaps;
4) The Age Discrimination Act of 1975, as amended (42 use 5S. 6101-6107) which prohibits
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, SSe 523 and 527 (42 use SSe 69Odd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title vm of the Civil Rights Act of 1968 (42 use 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 use s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
9. NOTICERBOUffiffiMENT
Any notice required or pennitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
2
I
FOR MONROE COUNTY
Suzanne A. Hutton, County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL. 33040
(305) 292-3470
Attn: Robert B. Shillinger, Chief Assistant County Attorney
FOR REECE:
Joe Robert White
P.o. Box 432123
Big Pine Key, FL 33043
(305) 797..6064
10. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. Venue for
any legal action which may arise out of or under this agreement shall be in Monroe County,
Florida.
11. The entire agreement between the COUNTY and REECE with respect to the subject
matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and
written proposals and communications between the COUNTY and REECE related to this
Agreement. No provision of this Agreement shall be deemed waived, amended or modified by
either party unless such waiver, amendment or modification is in writing and signed by the party
against whom the waiver, amendment or modification is claimed. This Agreement shall be
binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns.
12. REECE agrees to forward to the COUNTY along with Notice of Termination or upon
receipt of Notice ofT~ination, depending upon which party terminates the Agreement, copies
of all documents in his or her possession of any nature whatsoever related to REECE'S
consultation with the COUNTY or obtained thereto.
13. If a term, covenant, condition or provision of this Agreement shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement shaD not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provision of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The COUNTY and REECE agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
14. This Agreement may not be modified in any way without the express, written consent
of both parties. Any and all modifications and Amendments of the terms of this Agreement shall
be in writing and executed by the Board of County Commissioners for Monroe County and by
REECE in the same manner as this Agreement.
15. The COUNTY and REECE agree that nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor o( any third party.
3
I
16. This Agreement may be executed in any number of counterpartst each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and the COUNTY and REECE may execute this Agreement by signing any such counterpart..
17. The COUNTY and REECE agree that if any dispute and disagreement arise between
them they shall be attempted to be resolved by a meet and confer session between representatives
of each party. If the issue or issues are still not resolved to the satisfaction of both parties, then
any party shall have tbe right to seek such relief or remedy as may be provided under the
Agreement or under Florida law. The parties further agree that no party to this Agreement shall
be required to enter into any arbitration proceeding s related to this Agreement.
:'5"'''
18.. The COUNTY and REECE agree that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its perfonnance under
this Agreement, and that the only interest of each is to perform and receive benefits as recited in
this Agreement The COUNTY and REECE acknowledge that REECE has previously provided
consulting services and testimony on behalf of Stewart Andrews in the matter of Donald J. Barton
v. Stewart Andrews, 2003-CA-1I07-K; each party agrees to waive whatever conflict that may
exist as a result of REECE'S relationship with Andrews.
THIS AGREEMENT will become effective when executed by both the REECE and
executed by the Board of County Commissioners of Monroe County, Florida.
Board of County Commissioners
Of Monroe County
Attest:
Danny L. Kolhage, Clerk
By:
By:
George Neugent, Mayor
Date:
Deputy Clerk
Date:
~ to l ~EC~ P.A.:
Sign re
~.-):.>HN M Lo-J f
Print Name
Address:
ON BEHALF O. F RE. REE:..~ P.A..t/
/2<~ /~
Signature
K~/.sr-IA-/e- 8$ riC-.
Print Name
Title: # -<:::?-e~.",.;I c___' A"'?'v~A co', r~
DATE: IO(UJ/rfi
DATE: /~ - Z~I .,") 7
4
I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/21/09
Division: County Attorney
Bulk Item: Yes
No xx
Staff Contact PersonlPhone #: Bob Shillinger x3470
. ."7"-';..-=,,~.~~, .
-~~'"-~''''''''t....:::;;~''';:i' _
AGENDA ITEM WORDING: Approval of professional services agreement with RE.REECE, P.A."
to provide expert consulting services, including testimony, in the field of surveying in the matter of
Donald J. Barton, Jr. v. Monroe County, CA K 09-917, and the related matter of Donald J. Barton v.
Stewart Andrews, CA K 03-1107.
ITEM BACKGROUND: The County has been sued in a quiet title action regarding the ownership of
the land underlying a portion of 4th Avenue on Stock Island. Since the County no longer employs an in
house surveyor, one needs to be retained in order for the County to properly defend the suit. Due to
the nature of the case, which has been consolidated into another case, it is unclear whether the scope of
services will be confined to merely determining whether the road is in the correct location or whether
the surveyor's services will be required for additional matters. Due to this complication, a closed
session will be held during the October 21 st meeting to discuss strategies regarding litigation
expenditures. For this reason, this item should NOT be considered under the bulk items and any action
should be deferred until after the closed session.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $5,000.00 INDIRECT COST:none
BUDGETED: Yes
COST TO COUNTY: $5,000.00
SOURCE OF FUNDS: Ad valorem
REVENUE PRODUCING: No.
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _
DOCUMENTATION:
Included xx
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1109
PROFESSIONAL SERVICES AGREEMENT
BETWEEN MONROE COUNTY AND
R.E. REECE, P.A.,
, n<:;-<_"i--:::'"0;-:- . . . -~ -~-""~'i;,,:":~.;'-~, , ~_-'v'~
TIllS AGREEMENT made and entered into this _ day of ,2009, by and between the. , -~=-"C:.
MONROE COUNTY (hereinafter the "COUNTY"), a political subdivision of the State of Florida
whose address is 1100 Simonton Street, Key West, Florida 33040, and RE.REECE, P.A.
(hereinafter "REECE''), a professional association, whose address is 30364 Quail Roost Trail, Big
Pine Key, FL 33043, hereby enter into this Agreement regarding the retention of REECE by the
COUNTY to provide consulting services in the case of Donald 1. Barton, Jr. vs. Monroe County,
Case No.: 2009-CA-917-K which has been consolidated into Donald 1 Barton v. Stewart Andrews,
Case No.: 2003-CA-II07-K (hereinafter the "Litigation").
WHEREAS, the COUNTY desires to retain the services of REECE to provide surveying and
related expert technical consultation in review of the pIat and property lines, research and related
expert opinion, and, if necessary, expert testimony; and
WHEREAS, REECE desires to provide the services to the COUNTY;
,
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties agree as follows:
I. REECE will provide expert consultation and testimony as well as technical advice as a
surveyor, if requested, by the COUNTY in the litigation.
2. This Agreement shall become effective upon signature by all parties and shall continue in
effect until services are completed or terminated by either party, with or without cause, upon
fifteen (I5) days written notice to the other party.
3. REECE shall bill the COUNTY at the hourly rate and time for approved time keepers.
Records of the time expended and description of the service performed by each time-keeper shall
be detailed separately on the invoices. Personnel who are not listed as timekeepers will not be
paid unless approved in writing under the requirements of this Agreement.
Hourly Rates. and Changes to hourly rates are set at:
Approved Time Keepers:
Name: Hourly Rate:
Robert White
4. REECE shall not be reimbursed for travel and other expenses for work performed within
Monroe County. REECE shall be reimbursed for work performed outside Monroe County
provided only to the extent and the amounts authorized by Chapter 2 of the Monroe County Code,
payment will be made periodically, but no more frequently than monthly, in arrears. Expenseslshall be submitted by REECE and authorized by the COUNTY in writing with backup
documentation as required by the Clerk of Court. Invoices shall include copies of receipts for all.
Travel expenses will be reimbursed in accordance with the applicable provisions of Florida
Statute 112.321 and of the Monroe County Code for "approved travelers" and shall be
1
summarized on the Monroe County Travel Form with all applicable receipts attached thereto.
Airplane travel shall be verified by the attachment of a boarding pass or by a waiver.
5. The COUNTY'S perfo..rt9<.1!1c.e and obligation to pay underthis A~eement is contingent
upon an annual appropriation by the Board of County Commissioners. -''''''{CO'''i : ''';- ",'
~ . .:.-=1'"0""":""....0
6. REECE and the COUNTY agree that the maximum amount payable under this contract
will be $5,000.00 without further approval of the Board of County Commissioners.
7 _ The COUNTY and REECE aclmowledge that the COUNTY does not waive any
immunity nor does COUNTY agree to hold consultant harmless; notwithstanding the provision of
Sec. 768.28, Florida Statutes, the participation of REECE and the COUNTY in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent ofliability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
8. The COUNTY and REECE 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 terrcinates without any further action
on the part of any party, effective the date of the court order. The COUNTY or REECE agree 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 ofrace, 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 prohibits
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 VIII 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) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
9. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR MONROE COUNTY
Suzanne A. Hurton, County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
2
Key West, FL. 33040
(305) 292-3470
Attn: Robert B. Shillinger, Chief Assistant County Attorney
. '--'::...-_.......-.~. .
'"---- t.;.;.,.j4.;:.V...."1.
FOR REECE:
Robert White
30364 Quail Roost Trail
Big Pine Key, FL 33043
(305) 797-6064
" _--~~~;:""...o
1 O. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. Venue for
any legal action which may arise out of or under this agreement shall be in Monroe County,
Florida.
11. The entire agreement between the COUNTY and REECE with respect to the subject
matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and
written proposals and communications between the COUNTY and REECE related to this
Agreement. No provision of this Agreement shall be deemed W"aived, amended or modified by
either party unless such waiver, amendment or modification is in writing and signed by the party
against whom the waiver, amendment or modification is claimed. This Agreement shall be
binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns.
12. REECE agrees to forward to the COUNTY along with Notice of Termination or upon
receipt of Notice of Termination, depending upon which party terminates the Agreement, copies
of all documents in his or her possession of any nature whatsoever related to REECE'S
consultation with the COUNTY or obtained thereto.
13. If a term, covenant, condition or provision of this Agreement shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provision of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The COUNTY and REECE agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
14. This Agreement may not be modified in any way without the express, written consent
of both parties. Any and all modifications and Amendments of the terms of this Agreement shall
be in writing and executed by the Board of County Commissioners for Monroe County and by
REECE in the same manner as this Agreement.
15. The COUNTY and REECE agree that nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party.
16. This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and the COUNTY and REECE may execute this Agreement by signing any such counterpart.
3
17. The COUNTY and REECE agree that if any dispute and disagreement arise between
them they shall be attempted to be resolved by a meet and confer session between representatives
of each party. If the issue or issues are still not resolved to the satisfaction of both parties, then
any party shall have the right t(:L~@~~ ~uch relief or remedy as may be prQyjded under the
Agreement or under Florida law. The parties further agree that no party to this"Agreemenf'"shall-. - - - -~,"C--
be required to enter into any arbitration proceeding s related to this Agreement.
18. The COUNTY and REECE agree 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 the only interest of each is to perform and receive benefits as recited in
this Agreement. The COUNTY and REECE acknowledge that REECE has previously provided
consulting services and testimony on behalf of Stewart Andrews in the matter of Donald J. Barton
v. Stewart Andrews, 2003-CA-l107-K; each party agrees to waive whatever conflict that may
exist as a result of REECE'S relationship with Andrews.
THIS AGREEMENT will become effective when executed by both the REECE and
executed by the Board of County Commissioners of Monroe County, Florida.
Board of County Commissioners
Of Monroe County
Attest:
Danny L. Kolhage, Clerk
By:
By:
George Neugent, Mayor
Date:
Deputy Clerk
Date:
Witness to R.E. REECE, P.A.:
ON BEHALF OF RE. REECE, P.A.:
Signature
Signature
Print Name
Address:
Print Name
Title:
DATE:
DATE:
4