07/27/2000 Contract
Cled( oIlhe
Cire. coon
Danny L Kolhage
Phone: 292-3li5O Fax: 296-3616
To:
Tim McGarry, Director
Growth Management Division
Attn:
Colleen Gardner
From:
Isabel C. DeSantis, A /J A-
Deputy Clerk ~ <-..t...J.
Date:
Wednesday, September 21, 2000
At the BOCC meeting on July 27, 2000, the Board granted approval and
authorized execution ofa Contract between Monroe County and John Wolfe to serve as
legal counsel to the Monroe County Planning Commission.
Attached hereto is a duplicate original of the SUbject document for your
handling.
Should you have any questions concerning the above, please do not hesitate to
contact this office.
cc: Finance
County Attorney
./ File
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is made and entered into by and between Monroe County, a political
subdivision of the State of Florida, hereafter COUNTY, whose address is Public Service Building,
5100 College Road, Stock Island, Key West, FL 33040, and John Wolfe, whose address is
Cunningham, Miller, Heffernan & Wolfe, L.L.P., 2975 Overseas Highway, Marathon, Florida,
33050, hereafter ATTORNEY.
WITNESSETH:
WHEREAS, the COUNTY desires to employ an attorney to provide legal counsel to the
Monroe County Planning Commission acting under Chapter 9.5, Monroe County Code; and,
WHEREAS, the ATTORNEY represents that he is professionally competent to perform the
duties oflegal counsel to the Monroe County Planning Commission ("Commission", hereafter),
NOW, THEREFORE, in consideration of the mutual promises contained in this contract the
parties agree as follows:
I. The ATTORNEY shall serve as legal counsel to the Commission. As the
Commission's legal counsel, the ATTORNEY shall be required to: be present at all
regularly scheduled and special Commission meetings; review and approve as to form
all written findings of fact, conclusions of law and resolutions prior to approval by the
Commission; and to advise the Commission on legal and procedural issues related to
its duties and responsibilities under Chapter 163, Florida Statutes, and Chapter 9.5 of
the Monroe County Code.
2. The COUNTY shall pay the ATTORNEY for basic services at the rate of thirty-six
thousand dollars ($36,000) per year, payable in twelve (12) monthly installments of
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three thousand dollars ($3,000). The payments due the ATTORNEY under this
paragraph include all basic services, including without limitation for travel time,
preparation for Commission meetings, attendance at all Commission meetings (not
exceeding two meetings per calendar month), any correspondence or contacts with
Commission and Growth Management Division staff related to carrying out duties
and responsibilities as legal counsel to the Commission, and approval of Commission
findings of fact, conclusions of law, and resolutions.
3. In addition to compensation for basic services, if the COUNTY'S Planning Director
determines that Commission workload requires more than two meetings per month,
then the County shall pay the ATTORNEY as additional compensation one thousand
five hundred dollars ($1,500) for each Commission meeting in excess of two per
calendar month.
4. The ATTORNEY must bill the County Administrator, or his designee, by the tenth of
each month for services performed during the previous month. The bill must be in a
form satisfactory to the County Clerk. Payment must be made to the ATTORNEY
within fifteen (15) business days after the County Administrator or his designee,
receives the bill.
5. The ATTORNEY serves at the pleasure of the COUNTY'S Board of County
Commissioners. The Board may terminate this contract by providing the
ATTORNEY with written notice of termination. Upon receipt of the notice or upon
any later effective termination date described in the notice, the ATTORNEY must
immediately cease performing any further services under this contract. The
COUNTY will remain obligated to pay the ATTORNEY for all service performed _
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but unpaid - up to the date of the ATTORNEY'S receipt of the notice or such later
effective date specified by the Board provided, that compensation for basic services
shall not be terminated sooner than thirty (30) days after the date of written notice
unless mutually agreed to, in writing, between the parties.
6. The ATTORNEY may terminate this contract by giving the COUNTY at least thirty
(30) days written notice. The ATTORNEY must be paid for all services performed _
but unpaid - up to the effective date of his termination.
7. The ATTORNEY warrants that he has not employed, retained or otherwise had act
on his behalf any former County officer or employee subject to the prohibition of
Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
COUNTY may, in its discretion, terminate this contract without liability and may also,
in its discretion, deduct from the contract or purchase price, to otherwise recover, the
full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
8. All written notices required under this contract shall be considered to have been
delivered and received if hand delivered or sent by certified U.S. Mail or a nationally
recognized courier service to the addresses first written above.
9. The term of this contract begins on the date oflast signature.
10. In the event oflitigation to enforce payment or any of the terms of the agreement, the
prevailing party shall be entitled to receive reasonable attorneys' fees, including
appellate attorney fees, if necessary.
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11. The COUNTY'S performance and obligation to pay under this contract, is contingent
upon an annual appropriation by the Monroe County Board of County
Commissioners.
12. Public Entity Crime Statement. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity in excess of the threshold amount
provided in Section 280.017 FS, for CATEGORY TWO for a period of 36 months
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY~~:, ~~ BycS'L7-F~
Deputy Clerk Mayor/Chairman
Of -;;1..7-00
DATE
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Tris L. Mohr
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