05/16/2007 Agreement
AGREEMENT BETWEEN MONROE COUNTY
and
ROBERT TISCHENKEL, ESQUIRE.
This Agreement is made and entered into, on the date last below written, by and between
the MONROE COUNTY BOARD of COUNTY COMMISSIONERS, 500 Whitehead Street,
Key West, FL 33040 (hereinafter referred to as "COUNTY"), and ROBERT TISCHENKEL,
ESQUIRE (hereinafter referred to as "ATTORNEY"),
1. RECITALS.
1.1 On April 19, 2006, COUNTY contracted with Municipal Code Corporation to
republish the, County Code, a process which includes but is not limited to re-organization of the
existing Code and ordinances enacted subsequent to the existing Code, a legal review & statutory
reference table to eliminate duplications, inconsistencies and obsolete provisions, consultation
regarding corrections needed to effect the elimination of same, editorial work, publication of the
new Code allter its approval by the County, and placement of the Code on the Internet.
1.2 The process started under the contract requires the COUNTY's attorney to review the
re-organized Code and notes concerning duplications, inconsistencies and obsolete provisions in
order to detel1nine the changes which should be made during the process, and which suggested
changes should not be incorporated into the republication for any reason, including but not
limited to rea.sons for having certain statutes reiterated in the County Code due to things such as
lack of state agencies' enforcement of the state laws.
1.3 DLle to the numerous COUNTY projects which have co-opted the in-house attorneys
to handle issues unforeseen at the time of contracting with CONTRACTOR, there is insufficient
staff to do thll review necessary to work with the CONTRACTOR in resolving the issues of
redundancy, inconsistency, and obsolescence.
1.4 ATTORNEY conducted the same type of review for the City of Key West Code
Book republi<:ation while serving as the City Attorney for the City of Key West.
1.5 COUNTY, in order to bring the project to completion, desires to contract with
ATTORNEY to conduct the basic review required of the COUNTY's attorney.
NOW THEREFORE, the parties agree as follows:
2. SERVICES
2.1 ATTORNEY shall perform professional services which shall include preliminary
review ofMUNICODE analysis and provide to County Attorney advice as to corrections,
deletions and revisions.
2.2 ATTORNEY and COUNTY agree that time is of the essence and that the work shall
be done no latler than July 15,2007, unless extended by County Attorney for a period not to
exceed two wl~eks if the review process becomes more cumbersome than anticipated. Said
extension shall not increase the maximum amount payable under this agreement unless the
Tischenke! 05/16/2007
1
increased amount is approved by the COUNTY Commission in a written amendment to this
agreement.
3. FEES.
3.1 The COUNTY shall pay ATTORNEY at the rate of One Hundred Fifty Dollars
($150.00) per hour for services under this Agreement, limited to a maximum of Sixteen
Thousand Dollars ($16,000.00).
3.2 No travel expenses shall be paid under this Agreement.
4. TERM/TERMINATION.
4.1 The term of this Agreement shall commence, retroactive to, the 26th day of April,
2007, and continue until no later than July 29,2007, as noted in Section 2.2 above.
4.2 This Agreement may be terminated by either party, with or without cause, by written
notice to the other party of the intent to terminate. Such termination shall be effective
immediately upon receipt of such written notice of intent to terminate. However, no termination
for cause will be effective unless the defaulting party is first given ten (10) calendar days after
receipt of notice of intent to terminate in which to cure the cause for termination.
4.3 In the event of termination, Contractor shall be entitled to compensation for services
rendered through the effective date of termination. All finished or unfinished documents
prepared by Contractor shall become the property of the COUNTY and shall be delivered by
ATTORNEY to the COUNTY immediately upon the effective date of termination.
5. METHOD OF BILLING AND PAYMENT.
5.1 ATTORNEY shall submit billings for payment of services actually rendered on a
monthly basis to the County Attorney for processing. Billings shall provide the nature of the
services performed and shall include a summary of any amounts previously billed and any
credits for amount previously paid.
5.2 ATTORNEY acknowledges that each billing must be reviewed and approved by the
County Attorney and the County Finance Office. Should the County Attorney and the County
Finance Office determine that the billing is not commensurate with services performed, work
accomplished or hours expended, ATTORNEY shall adjust billing accordingly. However,
ATTORNEY shall be entitled to payment of any portion of a billing not in dispute.
5.3 The COUNTY shall pay ATTORNEY's billings in accordance with Section 218.70
through 218.79, Florida Statutes, the Local Government Prompt Payment Act.
6. STANDARDS AND CORRECTIONS ERRORS. ATTORNEY shall perform
professional services in accordance with the generally accepted standards of ATTORNEY's
Tischenkel 05/16/2007
2
profession and in accordance with any laws, statutes, ordinances, codes, rules and regulations
governing AITORNEY's services hereunder.
7. NO CONTINGENT FEES. AITORNEY certifies that AITORNEY has not employed
or retained any company or person, other than a bona fide employee working solely for
AITORNEY, to solicit or secure this Agreement and that AITORNEY has not paid or agreed to
pay any person, company, individual or firm, other than a bona fide employee working solely for
AITORNEY, any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of this
provision, the COUNTY shall have the right to terminate the Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
8. NO ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances by AITORNEY without the prior
written consent of the COUNTY. Further, no portion of this Agreement may be performed by
subcontractors or sub-consultants without written notice to and approval of such action by the
COUNTY.
9. SEVERABILITY/NO WAIVERS. In the event any provision of this Agreement shall
be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the
parties. One or more waivers by either party of any breach of any provision, term, condition or
covenant shall not be construed by the other party as a waiver of any subsequent breach.
10. GOVERNING LAW/VENUE. This Agreement shall be governed and construed in
accordance with Florida law. In the event litigation arises involving the parties in connection
with this Agreement, venue for litigation shall be in Monroe County, Florida.
11. INDEPENDENT CONTRACTOR STATUS. AITORNEY is an independent
contractor and is not an employee, servant, agent, partner or joint venturer of Monroe County.
IN WITNESS WHEREOF, the parties hereto have caused the execution of these
premises as of the May 16, 2007.
ROBERT TISCHENKEL, ESQ.
~r-1;.cL.- cp
::2 Signature-hf ,O:mtractor
c ....:.fU I
c: 46~oooom.:Way #1
:=: K~Westi,~i:..~33040.
'-=:_.1
. (...)(."j
_J .C~
~~dt5
2: C.::
~'1:' :z:
a ~2
"'..
(1::
(':';'1
k
c:
LL'
_.1
Li...
r-
>-
cc
:II::
.-
=>
=>
.....
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
By: ~4he- )
MAYOR MARIO DIGENNARO
MAY 1 6 Z007
~.,;-~
. I:m.NNY L. KO
t/!J.\'~~s~', ..
t, '\ ' "
r '"
i .,
MO'AO'~
G;ED AST .
~ ZAN E A. nON
Date COU~f~.;Y
Tischenkel 05/16/2007
3