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P. County Attorney
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with David Swift/B1ueWater Printing Inc., in Code Enforcement Case CE05060351. ITEM BACKGROUND: On July 7, 2005 Mr. Swift's corporation was cited for violation of County Code 9.5-111 for building a garage structure without first obtaining the appropriate permits. The case was brought before the Special Magistrate on March 30, 2006, at which time Mr. Swift was found in violation. The Special Magistrate set compliance for May 19, 2006, after which a fine would begin to run in the amount of $200.00 per day. The case has not been brought into compliance and as of April 26, 2007, the fines and costs have accrued to a total of $68,718.50 and are continuing to accrue at $200 per day. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required XX DISPOSITION: AGENDA ITEM # Revised 2/05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with Dasha Renee Ray in Code Enforcement Case CE0505175. ITEM BACKGROUND: On March 11, 2005 Ms. Ray was cited for violation of County Code 9.5-111 for remodeling her trailer without first obtaining the appropriate permits. The case was brought before the Special Magistrate on April 27, 2006 at which time Ms. Ray was found in violation. The Special Magistrate set compliance for May 18, 2006, after which a fine would begin to run in the amount of $150.00 per day. The case has not been brought into compliance and, as of April 26, 2007, the fines and costs have accrued to a total of $51,568.50 and are continuing to accrue at $150 per day. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required XX DISPOSITION: AGENDA ITEM # Revised 2/05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with Edgar and Carolyn Braswell in Code Enforcement Case CE05020296. ITEM BACKGROUND: On March 3, 2005 the Braswell's were cited for violation of County Code 15.5-21 for failing to connect one of their properties to the Stock Island central sewerage system. The case was brought before the Special Magistrate on June 20, 2006 at which time the Braswell's were found in violation. The Special Magistrate set compliance for July 20, 2006 after which a fine would begin to run in the amount of $250.00 per day. The case has not been brought in to compliance and as of April 26, 2007 the fines and costs have accrued to a total of $70,368.50 and are continuing to accrue at $250 per day. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required XX DISPOSITION: AGENDA ITEM # Revised 2/05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Bulk Item: Yes XX No Division: County Attorney Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with Irene B. Chaffee in code enforcement case CE04030012. ITEM BACKGROUND: On March 1, 2004 Ms. Chaffee was cited for violation of County Code 9.5-111 for building a large wooden deck without a permit. The case was brought before the Special Magistrate on January 26, 2006, at which time she was found in violation. The Special Magistrate set compliance for May 25, 2006, after which a fine would begin to run in the amount of $200.00 per day. The case has not been brought into compliance and as of April 26, 2007, the fines and costs have accrued to a total of $67,518.50 and are continuing to accrue at $200 per day. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required XX DISPOSITION: AGENDA ITEM # Revised 2/05 Meeting Date: June 20, 2007 _ Bulk Item: Yes XX No 1' r Division- Coun1y Attorne Staff Contact Person: Pedro J. Mercado AGENDA ITEM WORDING: Approval of proposed settlement agreement in the Code Enforcement case of Monroe County, Florida v. Valerie F. Kenned , Case No. CE05070055. ITEM BACKGROUND: Upon the logging of a complaint, a code enforcement inspector went to the respondent's property located on Summerland Key. The inspector found that the respondent was advertising and renting the home for less than 28 days in violation of County Code. The respondent was cited on July 6, 2005 with violations of County codes 12.1-1 for failing to obtain an occupational license, 9.5-242 for renting the property for fewer than 28 days and 9.5-534 for advertising the home as being available for rental for less than a 28 day period. The inspector made contact with the respondent, Ms. Valerie Kennedy who lives in Orlando Florida. Michael Kennedy, the respondent's husband, is the person who actually manages the family's business affairs and travels often. The violations were not brought in to compliance until August 17, 2006 at which time the fines had accrued to $13,600. Although, the violations could have been cured sooner, the code inspector felt that there had been some miscommunications that contributed to the delay in achieving compliance. Staff recommends settling the matter for $100.00, the administrative cost of prosecution. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: 'Yes � No _ COST TO COUNTY: N/A SOURCE OF FUNDS: KEVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year — PROVED B .': County Atty X OMB/Purchasing DOCUMENTATION: Included X Not Required DISPOSITION: Revised 2/05 Risk Management AGENDA ITEM # B&A BEFORE THE CODE ENFORCEMENT SPECIAL rTEGIST-j'_`II low OF MONROE COUNTY, FLORIDA The Honorable Larry J. Sartin, Presiding 1 CASE NO.: CE05070055 The Petitioner, Board of County Commissioners of Monroe County and Valerie F. Kennedy, Respondent, hereby agree to settle the code enforcement lien imposed in the above -referenced case by the Special Magistrate against property owned by the Respondents as follows: 1. The parties agree to settle the code enforcement lien for $100.00.(Payment has been remitted by the respondents and proof attached hereto) 2. The property in question has a legal description of LT 32, SUMMERLAND BCH ADDN #1, SUMMERLAND KEY, MONROE COUNTY, FLORIDA (RE#:00197080-000000). 3. Upon approval of this agreement by the Board of County Commissioners, the County will issue to the Respondents a release and satisfaction of said lien for filing by the Respondents in the Official Records of Monroe County. 4. The County will file a copy of the release and satisfaction in the official Code Enforcement file. 5. By entering into this agreement, each party agrees to waive any and all claims that it could have raised and/or potential claims that it might have been able to raise as a result of the above -captioned code enforcement case. 6. Both parties warrant that they have had an opportunity to consult with counsel before entering into this agreement. 7. Each party agrees to bear its own costs and attorney's fees other than as specified in this agreement. ATTEST: DANNYL.KOLHAGE By: Deputy Clerk Dated ! '� Mario DiGennaro, Mayor •Itespondent 9 Valerie F. Kennedy By: 4C_1 '95L) Atary Pub is /I (date) PAY COPY11TtNSIOt1 D020'14M v:ExPircsApd130,2007 r Assistant COnty Attorney Florida Bar No.: 0084050 P.O. Box 1026 Ivey idlest, FL 3 3 041-1026 (305) 292-5046 COL NIAL 529 H FERNCREEK AVE ORLANDO, FL 32803 COLONIALTOWN REALTY Monroe County Case #CE05070055 Waehovfa Wachov€a Sank, N.A. wachovia.com 63-751I631 4/23/2007 4/23/2007 7071 100.00 Waehovia Case #CE05070055 100.00 Meeting Date: June 20, 2007 - MAR Bulk Item: Yes X No Division: County Attorney Staff Contact: Suzanne A. Hutton AGENDA ITEM WORDING: Approval of Amendment No..2 to a Reimhursement Interlocal agreement with the Property Appraiser to expand his services in collecting non -ad valorem assessments for sewer service to include the Big Coppitt and Summerland/Cudjoe/Sugarloaf Wastewater Service Areas for Fiscal Year 2007-2008 and each fiscal year thereafter as long as levied by the County. ITEM BACKGROUND: On 8/l/2002, the County and Property Appraiser entered into an ILA for reimbursement to the Property Appraiser to collect non -ad valorem assessments for sewer services. 6/25/2004, the ILA was amended to include collection of non -ad valorem assessments for the South Stock Island 'Wastewater Service Area for Fiscal Year 2004-2005 and each year thereafter as long as levied by the County. This Amendment No, 2 to the ILA will further expand to cover the collection of non -ad valorem assessments for the Big Coppitt and Summerland/Cudjoe/Sugarloaf Wastewater Service Areas for Fiscal Year 2007-2008 and each fiscal year thereafter as long as levied by the County. PREVIOUS RELEVANT BOCC ACTION: 8/l/2002 Approved ILA with Property Appraiser 6/25/2004 Approved Amendment to ILA with Property Appraiser CONTRACT/AG E NT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. BUDGETED: Yes COST TOCOUNTY: No REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVEDBY: County Atty ONiB/Purchasing _ Risk Management Included X To Follow Not Required (DISPOSITION: AGENDA ITEM 4 Revised 2I27I01 day of THIS AMENDMENT to an Interlocal Agreement is entered into as of this , 2007, by and between Monroe County, and Ervin Higgs, in his official capacity as the Monroe County Property Appraiser (Property Appraiser). WHEREAS, on August 1, 2002, the County and the Property Appraiser entered into an Interlocal Agreement for reimbursement to the Property Appraiser for his services in collecting certain non -ad valorem assessments; and WHEREAS, on June 25, 2004, the parties amended that August 1, 2002 agreement to cover the non -ad valorem assessments for sewer service from the owners of real property located within the area of South Stock Island (SSI) designated in Monroe County Resolution No. 561A-2003, for fiscal year 2004--2005 and for each fiscal year thereafter that non -ad valorem assessments are levied by the County; and WHEREAS, it is desired by both parties to amend that August 1, 2002 agreement, as previously amended, to cover certain other non -ad valorem assessments; now, therefore IN CONSIDERATION of the mutual covenants and promises set forth below, the parties agree as follows: 1. The August 1, 2002, Interlocal Agreement between the parties (hereafter original agreement), a copy of which is attached to this amendment, as previously amended on June 25, 2004, is hereby amended by the addition of the following: a) Biq Copoitt Wastewater Service Area: (i) The terms and conditions of the original agreement shall also apply to the non -ad valorem assessments for sewer service from the owners of real property located within the area of the Big Coppitt Wastewater Service Area, as identified in Ordinance No. 26-2006, (ii) This amendment_.shall apply to the non -ad valorem assessments described above for fiscal year 2007-2008 and for each fiscal year thereafter so long as the non -ad valorem assessments are levied by the County according to the procedures of Sec. 197.3632, FS. t b) Sum merland/Cudfoe/Sugarloaf Wastewater Service Area: (i) The terms and conditions of the original agreement shall also apply to the non -ad valorem assessments for sewer service from the owners of real property located within the area of the Summerland/Cudjoe/Sugarloaf Wastewater Service Area, which will be re -defined by ordinance amending Sec. 15.5-171,Monroe County Code, and described as follows: that portion of the unincorporated area bounded on the west by the Harris Channel "Meander" and on the east by Niles Channel. (ii) This amendment shall apply to the non -ad valorem assessments described above for fiscal year 2007-2008 and for each fiscal year thereafter so long as the non -ad valorem assessments are levied by the County according to the procedures of Sec. 197.3632, FS. 2. In all other respects, the terms and conditions of the original agreement, as amended June 25, 2004, remain in full force and effect. 3. This amendment to the original agreement will take effect when a copy executed by both parties is filed with the Monroe County Clerk of the Circuit Court. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day first above written. nkt§49 7 Deputy Clerk Mayor MarioDa, By: 10111�t Ervin Higgs THIS AMENDMENT to an Interlocal Agreement for the Monroe County Board of County Commissioners (County), to reimburse the Monroe County Property Appraiser is made and entered into as of this 25 day of June 2004, by and between the County, and Ervin Higgs, in his official capacity as the Monroe County Property an Interlocal Agreement for reimbursement to the Property Appraiser for his services in collecting certain non -ad valorem assessments; and '• s. � � r r s is , . � . ' � • s � �' � ` �. , ,� 1 � .. a - s cover certain other non -ad valorem assessments; now, therefore IN CONSIDERATION of the mutual covenants and promises set forth below, the parties agree as follows: 1. The August 1, 2002, Interlocal Agreement between the parties (hereafter original agreement), a copy of which is attached to this amendment, is hereby amended by a) The terms and conditions of the original agreement shall also apply to the non -ad valorem assessments for sewer service from the owners of real property located within the area of South Stock Island (SSI) designated in Monroe County Resolution No. b) This amendment shall apply to the non -ad valorem assessments described above for fiscal year 2004-2005 and for each fiscal year thereafter so long as the non -ad valorem assessments are levied by the County according to the procedures of Sec. 197.3632, FS. . In all other respects, the terms and conditions of the original agreement 0r. r3 - �u s r r r: r; rII r , rl;, amendment to the original agreement will take effect when a cop executed by both parties is filed with the Monroe County Clerk of the Circuit Court. above written. KOLHAGE, CLERK Clerk ATTEST: ,jiaPA r. • • 114 1 &. �y C M or/Chairman PROPERTY APPRAISER O. MONROE COUNTY 1 l z HiggsErvin C L.� r7l rn IWO 1WoIVI crn o CHIEF AGREEMENTFOR THLA-CUI NTY-UF-MONMUL'-gUKFU-Uk'-UUID--"Ili COMMSSIONERS, TO REMOURSE THE PROPERTY This Agreement for the Monroe County Board of County Commissioners, to reimburse the M oe County Pro erty Appraiser (the "Agreement") is made and entered into as of _:274-A , 2002, by and between the Board, and Ervin Higgs, in his capacity as aa the M oe County Property Appraiser (the "Property Appraiser"). N, THEREFORE, in consideration of the mutual promises, covenants, representations, and agreements contained herein, together with the ten dollars ($10.00) and other good and valuable consideration exchanged between the parties, the parties to this Agreement do undertake, promise and agree for themselves and their successors as follows: SECTION 1.01 FINDINGS, RECITALS AND ACKNOWLEDGMENTS. It is hereby ascertained, determined and declared by the parties that: (A) the Board is authorized to impose non -ad valorem assessments and by appropriate resolution has expressed its intent to use the uniform method of levy, collection and enforcement of non -ad valorem assessments as provided in Section 197.3632, Florida Statutes, under which assessments are included on an assessment roll and certified, in a compatible electronic medium tied to the property identification number, by the Board to the Monroe County Tax Collector for merging with the ad valorem tax roll, for collection by utilizing the tax notice provisions described in Section 197.3635, Florida Statutes, and for sale of tax certificates and tax deeds under the non-payment provisions of the ad valorem tax laws (the "Uniform Method!); (E) the Uniform Method, with its enforcement provisions including the use of tax sale certificates and tax deeds to collect delinquent annual payments, is less expensive and more equitable to the delinquent landowner than the traditional lien foreclosure methodology; (C) the Uniform Method will provide for more efficient collection by virtue of the assessment being on the tax notice issued by the Monroe County Tax Collector and will produce positive economic benefits to the affected landowners and the Board; (D) the Uniform Method will promote local government accountability; (E) this Agreement is intended to conform with the requirement of Section 1.97.3632, Florida Statutes, that the Board and the Property Appraiser enter into a written agreement providing for reimbursement of necessary administrative and actual costs incurred as a result of the use of the Uniform Method; such administrative and actual costs include, but are not limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming; (F) the duties of the Property Appraiser under Section 197.3632, Florida Statutes, are ministerial; (C) this Agreement is entered into to alloy for the use of the Uniform Method relative to non -ad valorem assessments imposed and levied by the Board starting in 2002; and ( ) the non -ad valorem assessments to which this Agreement applies are being imposed and levied by the Board for the provision of Solid Waste Collection, and (I) the Board shall reserve the right to utilize the notice provisions of Section 200.069, Florida Statutes, as amended (the "Truth in Millage Notice") provided that the Board timely notifies the Property Appraiser of its intention to do so pursuant to Florida Statutes. SECTION 1.02. INCORPORATION. The findings, recitals and acknowledgments contained herein are true, correct and incorporated in this Agreement. 01 fi 11021111 SECTION 2.01. PURPOSE. The purpose of this Agreement is for the Board and the Property Appraiser to establish and agree upon the undertaking of the responsibilities pursuant to Section 197.3632, Florida Statutes, in order for the Board to implement the Uniform Method for the notice, levy, collection, and enforcement of non -ad valorem assessments; and to provide for reimbursement by the Board to the Property Appraiser for all necessary administrative and actual costs incurred by them in such activity. SECTION 3.01. COMPLL4NCE WITH LAWS AND REGULATIONS. The parties shall abide by all statutes, rules and regulations pertaining to the levy and collection of non -ad valorem assessments, and any ordinance promulgated by the Board, not inconsistent with or contrary to the provisions of Sections 197.3632 and 197.3635, Florida Statutes, as amended, and any applicable rules duly promulgated by the Department of Revenue. _ ? 7 k'1F - � I� � - 717 ? },' - � i�� ��� � - , �� �,3 - ,1; '•.I? �, r: i C ;G i �:; �_ �". t,\ �g . - E : � r _ :�� (A) be solely responsible for imposing and levying valid non -ad valorem assessments; (B) reimburse the Property Appraiser for all necessary administrative and actual collection costs incurred by the Property Appraiser in providing the information and cooperation more particularly referenced in Section 4.02 hereof; (C) snake all reimbursement or payment to the Property Appraiser hereunder in accordance with the Florida Prompt Payment Act, Chapter 278, Part VH, Florida Statutes, or its successor in function; ) post the non -ad valorem assessment for each parcel on the non -ad valorem assessment roll on a manner that such non -ad valorem assessment roll is free of errors and omissions; (E) cause the Mayor of Board or his or her designee to certify by September 15 of each calendar year to the Monroe County 'fax collector the non -ad valorem assessment 2 roll on compatible medium tied to the property parcel identification number in a manner that conforms to the format of the ad valorem tat, roll submitted by the Property Appraiser to the Department of Revenue; (P) designate and authorize a person other than the Property Appraiser to receive and process any request for changes, modifications or corrections to the subject non -ad valorem roll and, if necessary, file with the Monroe County Tax Collector an appropriate certificate of correction; and (G) cooperate with the Property Appraiser to implement the Uniform Method of notice, levy, collection and enforcement of each of the subject non -ad valorem assessment roll, pursuant to and consistent with all provisions of Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statutes, as mended. SECTION 4.02. DUTIES AND RESPONSIBILl[TIES OF THE PROPERTY APPRAISEJ The Property Appraiser shall: (A) annually by June 1 provide the Board with at least the following information by compatible electronic medium: (1) the legal description of the property within the boundaries described in the Board Resolution of Intent; (2) the names and addresses of the owners of such property; (3) the property identification number of each parcel in a manner that conforms to the format of the ad valorem roll submitted to the Department of Revenue, and (4) any other information reasonably needed by the Board to create, re -compute, re -configure, revise, correct or otherwise formulate the non -ad valorem assessment rolls as may be agrees to by the Property Appraiser; (B) although the Property Appraiser is not required by law to submit information other than items (1), (2) and (3) in paragraph (A) of this section, the Property Appraiser shall make reasonable efforts to assist and accommodate the Board's creation of a non -ad valorem assessment roll; (C) cooperate with the Board and the Monroe County Tax Collector to implement the Uniform Method of notice, levy collection and enforcement of each of the subject non -ad valorem assessment rolls, pursuant to and consistent with all provisions of Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statutes, as mended; and (D) provide the Board with a written itemized statement of any necessary administrative and actual costs incurred by the Property Appraiser for which reimbursement is sought. P IN WITNESS WHEREOF, the Board and the Property appraiser Delivered this Agreement as of the date first above written. I MONROE COUNTY PROPERTY APPRAISER APPROVED AS TO FORM AND LEGAL SUFFICIEN ZANNE A ON ® C3 CD "X- � `v F M� M C� ii • r._ C:) C-J• 1 �% �...4= CD 2 j, DI = ft`` ` Meeting Date: May 21, 2007 Division: COUNTY ATTORNEY Bulls Item: Staff Contact Person: Natileene W. Cassel Telephone No. 305-292-3470 AGENDA ITEM WORDING: Approval to award of bid for misdemeanor probation services to Court Options, Inc. ]ITEM BACKGROUND: The bid for misdemeanor probation services for the county court was opened on March 27, 2007. Three bidders responded. The selection Committee met on May 11, 2007, after advertisement and in a meeting open to the public. The committee selected Court Options, Inc. and recommends the company to the Board. PREVIOUS RELEVANT BOCC ACTION: Board approval to seek bids for probation services on February 21, 2007. Al"KA1,0 1 Lyi, 1, 1 1 1 111,• • • 0 PRODUCING: ;. 1 OAMOUNT PER MONTH— APPROVED BY: County , Risk Management_ DOCUMENTATION: Included Not Required DISPOSITION: AGENDA Item# A,4-5 Ljt, , 1 1� 1 C' � 32 repeal of all ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date, Board granted approval to advertise a Request for Qualifications for a company to I rovide probation services for the County Court system in Misdemeanor cases; and to allow Providence Community Corrections, Inc. to continue to provide such services on a month -to -month basis during the selection process. Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West Providing for the Mutual Use of Building and/or Specialty Inspectors Employed by the Respective Local Governments. Board granted approval and authorized execution of an Amendment to Impact Fee Interlocal Agreement between Monroe County and the City of Key Colony Beach (City), providing for reduced payment of impact fees for fire and deletion of payment of impact fees for roads, contingent upon acceptance by City of a quitclaim deed of Sadowski Causeway, and authorization for the Mayor to execute a quitclaim deed in substantially the form of the attached agenda item upon a legal description being approved by the County Engineer and the County Attorney. Motion carried unanimously. Dave Koppel, County Engineer and Tom Willi, County Administrator addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of a Monroe County Art in Public Places Award Agreement between Monroe County and Thomas Brian Virgin for the creation and installation of artwork at The North Key Largo Fire Station #25, 220 Reef Drive, Key Largo. Motion carried unanimously. The Board discussed a Resolution to enter into a Joint Participation Agreement QJPA) with the Florida Department of Transportation (FDOT) to provide $750,000 to fund a temporary ferry services between the City of Marathon to Pigeon Key during the rehabilitation of the State Road 5/Old Seven Mile Bridge. The following individuals addressed the Board: Linda Kruszka and Mary O'Connell, representing Paradise Divers. Suzanne Hutton, County Attorney; Dave Koppel, County Engineer; and Tom Willi, County Administrator discussed the item with the Board, After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Resolution and authorized execution of the JPA. Motion carried unanimously. SOLUTION NO.032-2007 Said Resolution is incorporated herein by reference. The Board discussed a Resolution authorizing the waiver of building permit and application fees for the Islander Village, LLC and Park Village, LLC Affordable Housing Meeting Date: June 20 2007 Bulk Item: Yes xx No Division: CounV Attorne Staff Contact Person: Bob Shillinger x3470 AGENDA ITEM WORDING: Approval of settlement agreement in Hill Family Investments, Inc. v. Monroe County, CA P 07-31 b. ITEM BACKGROUND: Legal staff, after consultation with Growth Management staff, has negotiated a resolution of the above - referenced case wherein the property owner was seeking a judicial decree regarding the permissible uses in Commercial Fishing District Five in Key Largo. The permitted uses had been adopted by the Administration Commission as part of a settlement agreement in 1992. In 1999, the County had (apparently) inadvertently deleted some of those uses from CFSD-5 when it enacted an ordinance designed to add some additional uses for communication towers. This glitch could have adversely affected the property owners' ability to add additional docks to the property for which it has already obtained permits from the Army Corps and State DER The settlement agreement calls for the Court to enter a decree that would recognize as valid the uses which were stricken by Ordinance 28-1999. PREVIOUS RELEVANT BOCC ACTION: On June 9, 1992, Board voted to support State's efforts to expand uses in CFSD 5. On July 21, 1999, Board enacted Ordinance 28-1999 which inadvertently removed some of the uses in CFSD-5 when it inserted additional permitted uses. CHANGES: STAFF C® NDATIONS: Approval. TOTAL COST: none BUDGETED: n/a COST TO COUNTY: none SOURCE OFF S: n/a VENUE PRODUCING: n/a APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required IVISPOSITION: AGENDA ITEM N Revised 2/05 IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA HILL FAMILY INVESTMENTS, INC., A Florida corporation, Plaintiff, u MONROE COUNTY, a political subdivision Of the State of Florida, Defendant. CASE NO. 07-CA-141-P 1 SETTLEMENT AGREEMENT The Plaintiff Hill Family Investments, Inc., a Florida corporation, and the Defendant, Monroe County, a political subdivision of the State of Florida, hereby agree to settle the above -captioned matters as follows: Whereas, the Plaintiff owns the subject property which is a series of parcels having real estate numbers 00502830-000100; 00502870-0000001 00502890-000000; 00502900-000000; 00497620-000000; 00497630-000000; 00497640-000000 and which is located in Commercial Fishing District Five (CFSD-5); and Whereas the Plaintiff desires to submit an application to amend its major conditional use to construct 11 additional slips in the marina portion of the property; and Whereas the Plaintiff previously convinced the State of Florida, acting through the Administration Commission, to expand the uses in CFSD-5 to include marinas, boat chartering, charter boat fishing, and dock leasing; and Whereas, the settlement agreement between the Plaintiff and the State of Florida was implemented through F.A.C. 28-20.024; and Whereas the County inadvertently eliminated some of the uses authorized by F.A.C. 28-20.024 when the County adopted Ordinance 28-1999; and Whereas the inadvertent elimination of permitted uses in CFSD-5 adversely impacts the Plaintiff's Major Conditional Use application; and Whereas the Plaintiff has obtained permits From the Army Corps of Engineers and Florida Department of Environmental Protection which will expire before the County could adopt a glitch bill to restore the uses inadvertently eliminated by Ordinance 28-1999; and Whereas County staff is recommending that the Planning Commission approve the Plaintiff's Major Conditional Use application; and Whereas the County has already commenced a comprehensive review of the Monroe County Code to eliminate inadvertent errors and inconsistencies as well as antiquated provisions; and Whereas the parties desire to avoid the uncertainty and expense of further litigation and amicably resolve the above -captioned matter instead; NOW THEREFORE, the parties agree as follows: The Court shall enter a consent decree under which it is judicially determined that the authorized uses for the Plaintiff's property which is subject to this action shall include those uses approved by the Florida Administration Commission in F.A.C. 28-20.024 prior to the enactment of Ordinance 28-1999; 2 2. County staff will schedule the Plaintiffs Major Conditional Use application for hearings before the Development Review Committee and Planning Commission as soon as possible, taking into consideration the notice requirements set forth in the County Code and Florida Statutes; 3. By entering into this agreement, the parties do hereby agree to release each other from any and all claims or potential claims that could have been raised in this litigation; 4. Each party agrees to bear its own costs including attorney's fees. ATTEST: State of Florida County of Monroe �otary Pu Icrrr Nobry Public State of Ronda James S Manson �T My CwwvsWn 00388292 a r�` Expm (0121200? Danny Kolhage County Clerk For the Plaintiff, Hill Family Investments, Inc. f Name ✓ Date ,L Title: /. For the Defendant, Monroe County, Florida By: Deputy Clerk Mario Di Gennaro, Mayor Date MO RVEU TY TTN OR O ESHILLINGER, JR. C IF ASS},Er COI�NTY ATTORNEY 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 - MAR Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Suzanne A. Hutton AGENDA ITEM WORDING: Approval of a resolution amending Resolution No. 635-2006 to correct the service area descriptions in Exhibit B with regard to the uniform method of collecting non -ad valorem special assessments, specifically the Big Coppitt Key and Cudj oe-Summerland Wastewater Service areas.. ITEM BACKGROUND: On 12/20/2006 the Board adopted Resolution No 635-2006 to establish use of the uniform method of collecting non -ad valorem special assessment for the cost of providing wastewater utility services to property within the Duck Key, Cudjoe-Summerland, Big Coppitt Key, and Stock Island Phase H Wastewater Service Areas as authorized by Chapter 297.3632, Florida Statutes. The County has subsequently determined the mile markers were erroneously placed in the Exhibit B description of the Big Coppitt Key Wastewater Service area and also, the Cudjoe-Summerland Wastewater Service area, which should have referred to Sugarloaf Key and more clearly defined the western boundary of Harris Channel. This resolution will amend Resolution 635-2006 to include the corrected Exhibit B. PREVIOUS RELEVANT BOCC ACTION: 12/15/2004 BOCC approved Ordinance 38-2004 5/18/2005 BOCC approved Ordinance 10-2005 12/20/2006 BOCC approved Resolution No. 635-2006 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 I � TI IOXI If t-103►dlhlrl WHEREAS, at a duly advertised public hearing on December 20, 2006, Monroe County, Florida (the "County") adopted Resolution No. 635-2006, to establish use of the uniform method for collecting non -ad valorem special assessments for the cost of providing wastewater utility services to properties within the Duck Key, Cudjoe-Summerland, Big Coppitt Key, and Stock Island Phase II Wastewater Service Areas as authorized by section 197.3632, Florida Statutes; and WHEREAS, the County has determined that mile markers were erroneously placed in the Exhibit B description of the Big Coppitt Wastewater Service Area; and WHEREAS, the County has determined that mile markers were erroneously placed in the Exhibit B description of the Cudjoe-Summerland Wastewater Service Area, which should have referred to Sugarloaf Key and more clearly defined the western boundary of Harris Channel; and WHEREAS, the County has held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE BE IT RESOLVED by the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. Exhibit B of Resolution 635-2006 is hereby amended to read as noted on the attached Revised Exhibit B. 2. Upon adoption, the County Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax Collector, and the Monroe County Property Appraiser. 3. This Resolution shall be effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the day of , 2007. Mayor DiGennaro Mayor Pro Tem Spehar Commissioner Neugent Commissioner McCoy Commissioner Murphy Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FL By: B Deputy Clerk MONROE COUNTY ATTORNE Mayor Mario Di Gennaro ROVED PAS M: SUZAN E MUTTON COUNT B Y Date Q EXHIBIT A PROOF OF PUBLICATION i"sOTICEOF IN T ENR F USE UN9FORM METHOD The 8 arcl of County CQn7n1165IOnerS of Monroe County, Florida ("the County") hereby to Section 197.3G32(3ya), Florida Statutes, of fits intent to use the uniform method of collecting on -ad valorem pursuant special assessments, for the cost of providing certain waslewater capital improvements and connections, to be levied within the unincorporated area of Monroe County encompassing the puck Key, Cudjoe Key, Summerland Key, Big Coppitt Key, and Stock Island Phase It Wastewater Service Areas for the fiscal year beginning on October 1, 2007 and continuing each year until discontinued by the County. The County will consider the adoption of a resolutlon electing to use the uniform method of collecting such assessments authorized by Section 197.3632. Florida Statutes, at a public hearing to be held at 5:ol p,m. on December 20, 2006 in the Commission Chambers$ Marathon Government Center, 2798 overseas Highway, Mile Marker 50, Marathon, FL. Such resolution will state the need for the levy and will contafn a legal description of the boundaries of the real property subject to the levy. All interested persons are invited to attend. In the event any person decides to appeal any decision by the County with respect to any matter relating to the e0nsfderation of the resolutlon at the above -referenced public hearing, a record of the proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evidence on which the appeal is to be based. In'accordance with this proceeding should contact the County Administrator's Oiflce by the Americans with Disabilities Act, persons needing a special accommodation or an fnterpreter to participate in (7) days prior to the date of the hearing. phoning (305) 292 4441 no later than seven Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any dec€sion made by the Board with respect to any matter considered at such hearings or meetings, he will rased a record of the proceedings, and that, for such purpose, he may need to ensure that 8 verbatim record of the proceedings is made, which record includes the testimonyand evidence upon which the appeal is to he hnapA Dated at Key West, Florida this 9th day of November, 20o6, November 19 & 26. 2006 KWC December 3, 10 & 17, 2006 It1NC FLORIDA KEYS OFFICES Printing 1 Main Facility $420 Honhside Drive Key Wasl, FL 33GIO-1600 Tel 305.292-7777 Fax305-294.076s cilizanCkaywomxom Intarnst Division 1201 White Street (Suite 103) Key West, FL 33040-3326 Tel 305-292A880 Fax 305-294-1699 salesgkeywest,com NUddte Keys Office 6363 Oversaaa Hwy Marathon. FL (MM 52.5) 330503342 Tal 305-743.8765 Fax 305-743-9977 navagalor�fiacidahoys com Upper Keys Office 81549 old Hwy PO Bar 469 Islamorada, FL (MM31.5) 33036.0469 Tel 30Sz64-2,266 Fax 30" A-6411 freepreas rL,1i riondakays.com Ocean Reef Office 3A Barracuda Lana Kay Largo, FL 33037 Tel 305367-4911 Fax 3c5.367-2191 DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officlo Clerk of the Board of County Commissioners of Monroe County, Florida L43QV �Id Randy G. Erickson, who g Operations of the Key Nest, in Monroe County, `ing a legal noAice in the in said newspaper in the t newspaper published in Key tat the said newspaper has lonroe County, Florida every it the post office in Key West, year next preceding the first L; and affiant further says that 1 or corporation any discount, ecuring this advertisement for f Signature of Affiant Sworn and subscribed before me this 7 day of 2006 Notary Public: Marsha F. Kirkwood f - � s Expires: September 15, 2009 �_.n.: arr1s'.:r�—�.u:�.rt'inT?nar.�rY.•'s�r.�.d_�• F kJR14,W00D t, tdnt��yFuol'c-SlateotFlorida rr-'I'riy Comrllsrbn Expires Sep 15, 2009 \moo'; Colnm,asion fSti 172620 Y7 Banded BY Atalinrrm! Notary Personally Known x t Produced Identification Type of Identification Produced EXHIBiT f Notary Seal au� TO A. ju Y ` X MA' DAW Nrrvs?APMC f. 1070 rM rbe,d� e]'e< Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI 33G41 Office. ......... 306-292-7777 Extension ........ .........X219 Fax....., ......,305-294-8025 le - al- ke news coal INTERNET PUBLISHING kaywest cam kaysnews,com flandakeys.com key-wosLcom Wah Design Serwees NEWSPAPERS The Oddan Scuihommosl Flyer Solares Hill Big Pkm Free Press Marathon Free Press Islamorada Fraa Pros$ Key Largo Free Press Ocean Roof Press Seaport Lop MAGAZINE The Menu Home Guide Citizen Loca,'s Guide Paradise Keys TV Channel Guide MARKETING SERVICES Cammerdal Printing Citizen Locals Card Dxoct Mail FLORIDA KEYS OFFICES Printing 1 Minn Facility 3420 Nonhsidd Drive Key Was[, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 ci0zonGkeywa3l.ccm Internet Division 1201 White Street {Suite 103} Key West, FL 3304p-3328 TO 305.292-1880 Fax 305-294.1699 sales�keywesl. ,om Middle Keys Office 6$63 Overseas Hwy Marathon, FL (MM 52.5) 330.50.3342 To] 305.743-8766 Fax 305-743-9977 n a v i g std r@ f l o rki a keys. co m Upper Keys Office 81549 Old Hwy PO Box 469 Is;amorada, FL(MM81.5) S3036-0469 Tel 305-6".2266 Fax 305-664.8411 fr0epressQflOridak8ys co,, Ocean Reef office 3A Barracuda Lane Key Largo. FL 33037 Tel 305.367-4911 Fax 305-367-219i STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice -President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the ached coy of advertisement, being a le al no ice in the matter of �%���, �,O _ __ � ♦/. _ I �_ _ - I - _ _ Inc Court, as pu fished in said newspaper in the issues of . IVC- -" " / 9 a— rJ f_ c)(— --s'? w _ _ _ . /. — . Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Aa2ii__ Signature of Affiant Sworn and subscribed before me this day of 2006 Notary Public: 111,4i',Jf3:iF. KIRKWOOD Nnta€vi�vb%-suicotnorida "y( 2'rrfy COrnr,� si ,cal Expiyas Sep 15, 2009 Marsha F. Kirkwood ;t �� + C,)mrnission K 00 d12C�20 ' I3ordPd By Platian3i Notary; Assn. �"'%'s�,1; •�`'�, �' 'yF/♦/t/� ���� v'r.: a-,� R+4;:�.,r'"4�7'�i"cr.9°r�"�r _t• Expires: September 15, 2009 Personally Known x Produced Identification Type of Identification Produced Notary Seal 1 [//-- AfoApo so E Q2 Fa in attacl ui.:: icra�c{s1 yr Nusnr�acrur►� Afflant farther says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that; the said newspaper has heretofore: been continuously published in said Monroe County, Florida,,. twice each week (on Wednesdav,,•and Saturday) arid' has been entered as `a 'second class mail; matter at the post office in Marathon in Monroe County; ` Florida; for a period of one. year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The -Florida KeysKeynoter,..lq. in full compliance with Chapter 50 of the F1grida Statutes on Legal and Offirial ribed before me this-/,K q y of 2006 (SEAL) 11 =EXPIRFS: TRAEIR S10N* DD542134 Notary S: Apr. 18.201QNo[cvy Service.com Before the' undersigned authority person- ally appeared A I who on oath, says that he is LSHR of the FLORIDA KEYS KEYNOTER, a twice weekly; newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said FLORIDA. KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has; heretofore been continuously published in said Monroe County, Florida, twice each Week (on Wednesday -and Saturday) and has been entered as `a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm; or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Flari_da Keys Keynoter is in full c m li n e with Chapter 50 of the Floridgi e a ut n Legal and Official d �ftcrlbed before me Cn15 aytf��� , 2006 (SEAL_) 7 �-- eZ ,e,' % BEVERLY TRAEGER Notary MY COMMISSION # BDS42134 NOta INFf .0'14 EXPIRES: Apr. 18,2010 (407) 35"153 Florida Notary Smvica,com vnyw&IF)Parke ssrre o ea.con� amalamunamm Affiant further says that the said THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each weep (on Friday) and has been entered as a second class mail matter at the post office in Tavernier, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that Tire THE REPORTER is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Wayne Mariann, ablisher Sworn to and subs ibed bef re me thid 5—Day of �7 l6z lc-� — ; 2006 Notary WMSW - - -- - 2 Sondsd Owu ()432 #, r� R lot d................cG3ry A: M ........................ . 4101VRpE COUIVr "MRNEy O 40, cz O d L] v [n d p VJ 'U U 2 U C 7 .© U U co s N Q .� D d U= U C 7 a CU E CL) d C to .� c%3 O A s N� D 2� D E m Q E? a m - U 6 fs _ �0 � .d egy C C a)N E� d CE tea, Q OU C -� E U C) LL- Q7 `-' eUsR> r _ .0 � CE ;cl ' , mo.d°m _ a? � 7 S maCD m 'CuU � U d m' `CU G -0da] E f m m ae UO �dd co v b m c.ad E ow Lf_I o d o.SL.. f1, o `mL al al o m ccc-0o CL s w N aw a-, ri m o fn- a m c �� c o JU 0 CD ® LL ns m d0 m _ d Y—i`d o •• LLM no E€ud O 0 dE 7 d Lx 3: CL[ mQ'ca57 d N Z E 0-0 u) c a -d Z `CDE ` Ea Z® E .� S61 amr,�,� ._- ifs O C/7 O ?. `1 c m a O O f6 c>s C? to A ..da O m U > m CD .c_ •b E a) a) S 4-2 N rU m CL rn d tT U� d C o c rn • 'to- E a 'C C _b o a)fa ..— C U •p T 7 m. C E 7.. ` CO 2 -o L= U i6 CDE' T U'w w m ® Lu U edil _� -a4 a� � C 'o QL N C .-• E O }� Z Lq o -2 Q O 4a C E --. C o m m .E dp ��-- v LL C 4». 0] _ •`�-' O U m 0LE Gam ... a) O N N N Q C N .7. 'O a C a) Z r O C (� .W aUi Im O U o a as Q d of Cfs m [) d (° 00 •� to .-' 0 co c E o •c EE u� E c a n ® *n _� ca pp a< o U U U U N w 3 d U d o `�' O C m cv m U a> -E fU L a) P y -dp .Lr. C itl Q O m foil Cca 70 Ir V] aiONpC 0 0 7zC0� CO CD fl Q CU aE .Ln G a oE jID 0 .0 CL� oco mO tiNr � cm 1E h c'D CCU N _OLLU J I.L.. -2 u in So N .0 E C m m 4 s ,a al Oo a7 0 pl '� o f cc; 75d d J Ci iY] N fU ^ w m fU u> U 2 m fll G C .� o E a si.. m a N m (= j Lam^• fG ".�C. t7 LLo M m .°1-, +on Q Q m d EL 1- U) .L2 E 0 0LL Vi N ®0 per, ®mECL0E CL 04-- 0-0 .2 O{�3-a Q9 v00��CL o 5 .2 o Q 0pMUujCL E 0 U)� U) 0-' � (D 0.2 V C -0(�CD moo9) ;. F--0� ti E 04 m � nl W cl W 6i1 CC CL (a©' ¢ 6C (,) '> cq 0 Z N e Co S.� EL LU m O c Your Upper Keys Connection TtiEREPORTER November 17t" 2006 Affiant further says that THE REPORTER is a newspaper published at 'Tavernier, in - said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Friday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Offici b ve�:isements. REVISED EXHIBIT B BIG COPP ITT WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Boca Chica Channel, on the east by Shark Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean, Monroe County, Florida. CUDJOE - SUMMERLAND WASTEWATER SERVICE AREA That portion of the unincorporated area including Sugarloaf, Cudjoe and Summerland Keys, bounded on the west by the Harris Channel "Meander"and on the east by Niles Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean. DUCK KEY WASTEWATER SERVICE AREA That portion of the unincorporated County bounded the west by Tom's Harbor Channel, on the South by Tom's Harbor Cut; an area commonly known as "I as Center Island, Harbor Island, Plantation Island, ; Indies Island. on the north by U.S. Highway 1, on Hawk's Channel, and on the East by uck Key", including islands known nd Yacht Club Island, but excluding STOCK ISLAND WASTEWATER SERVICE AREA All of Stock Island located south of the centerline of US Highway No. 1 (State Road No. 5), and lying east of Cow Key Channel and west of Boca Chica Channel. a►� ca rT11r`r-[ RESOLUTION No . 635-2006 c� -.- A RESOLUTION OF MONROE COUNTY, FLORIDA ELECTING TO USE THE UNIFORM'iC)r METHOD OF COLLECTING MONAD VALOREM SPECIAL ASSESSMENTS LEVIED��sr ..., � VATHIN THE UNINCORPORATED AREA OF THE COUNTY; STATING A NEED FORr— SUCH LEVY, PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND - PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County, Florida (the "County") is contemplating the imposition of special assessments for the provision of wastewater utility services; and WHEREAS, the County intends to use the uniform method for collecting non -ad valorem special assessments for the cost of providing wastewater utility services to properties within the Duck Key, Cudjoe-Summeriand, Big Coppitt Key, and Stock Island Phase 11 Wastewater Service Areas as authorized by section 197.3532, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2007, in the same manner as provided for ad valorem taxes; and WHEREAS, the County held a duty advertised pub is baring prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhlbit A. NOW, THEREFORE BE IT RESOLVED: 1. Commencing with the Fiscal Year beginning on October 1, 2007, and with the tax statement mailed for such Fiscal Year, the County Intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non -ad valorem assessments for the cost of providing wastewater utility services. Such non -ad valorem assessments shall be levied within the Duck Key, Cudjoe-Summerland, Big Coppitt Key, and Stock Island Phase It Wastewater Service Areas. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 2. The County hereby determines that the levy of the assessments is needed to fund the cost of wastewater utility services within the Duck Key, Cudjoe-Summeriand, Big Coppitt Key, and Stock Island Phase 11 Wastewater Service Areas. 3. Upon adoption, the County Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Monroe County Tax Collector, and the Monroe County Property Appraiser by January 10, 2007. 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held an the t day of Dec 'r 2006. Mayor Mario Di Gennaro Mayor Pro Tern Dixie M. Spehar Commissioner George Neugent Commissioner Charles 'Sonny" McCoy Commissioner Sylvia J. Murphy Attest: DANDY L. KOLHAGE, CLERK By: J19we. Deputy Clerk (SEAL) Y-e-E- Yes yesyes- ves BOARD OF COUNTY COMB SSIONERS OF M E C014N , F IDA By:_ MAYOR MONROE COUNTY ATTORNEY APPROVED AS TO AM.- SUSAN M. GRl ' LEV ASSISTANT COU 11rORNEY Date !: PROOF OF PUSLICAIION The Doarcd of Gounty Cana'ryasl0"M of lihtMOO County, Fksriida (tl& Count/1 haraby pravtdns noUM pursrrant to 5octon 197.3M2(3)(a), Florida Sfab.das, of tffi Went to use the WhOrm method of oollaetklg non -ad valorem apeDW as arr "t% for the cost of providing owtsln wamewatercotal knnprovernehts and co rtections, lobe Wed withal fha unlnoorporate d case of Monroe County encompassing the [tuck Key, Cudjoe Key, Setmmarland Key, ft CoWit Kay, and.Shxc Wand Phase dt t( "tVAatar Sonloa Areas for (he Uscaf you beginr ft an OckA sr 1. 2007 and conli each year urtlii disoonlirl m by the count The comfy will consul®r tiro adViOn aS a resolution aleckg to use the tmlrarm method of cam- such assessments authorized by Section 197.3832, Florida Statute, at a puWto hearing to be lretd at5a61 P.M. on [htomher2(11, 2009 In the COMISStan Chambers, Marathon S mrrjm"t conW, ZMoMMM titgltl Z Mile C4#rt rr 50, Marathon, FL. Such roWul)w wtit state the need for the fwry sold will oontafn a desscrtpttan of ft bOundartes Of then real property subject to the levy. All fnWoV4 l Pe"Mons are kwited to atfond. In the eemnt any person decides to Ooaat arty deolsion by the County with tsepeatto Any matter relating to the considomiion of fhe> resolute M the ah sari public hewinZ a record of the Rroosedheg may be such neotad and in an evant, such poraon may need to ensure that a Varb8tttm record oft e p hearir Is mad®, which record Inalti the taadtmony fund evidence on whiDh its is to be 4RBext in u ac6orct rbV vlRti 'rho Ainegomm with Disabilities Ac% parsons needklg a Spacial eCcofnrnoftkm gran interpreter to pafticipata in this PMOOOdIng should contact the County Adhnintstrator'a Milos by phankV (m) 2o2-4441 no War than sovan (� des prior to the date of the hearing. Purstuurt to $00ion 2IM0105, Fidxica Statutels, notice t& gtme that t a person decides to appeal any decision made by tilt: Board whh ra4*0 to sty math cWziiciol'dd dates howingsormootingo, he will need a muord of the pmeadlrtim and that, for such Aurposa. to may need to erasure that a vwballm record of the proceacifts is mom. which record hm%dtrs the teafirnmV and avlder4a upon which UM M9041 %to be based. Dated at Key Weak Ftartaa Ctrs 91h day of t WMrnbW 2M MNY L WWAI3E, Ckanicot the Dhcuit C;UUrt Nm+ fter 1a s 2o, m Kwc aril ex oh€alo ClOrkof tho Hoard of couoty f]ecorpbsr 3. is & 17, 20W WWC Cdxnmt Wunem of 140111109 Creamy, Florida FLORIDA KEYS OMCES Pdrdtnp 1 MAIn Vacilihj ;tom)*(dW tt1Mw KayZUL nsz`nn Fax 4At'6S dUWn&WAMLr*m StlonstttDHbttln 4201 "Ro SUM (flute 1a31 h9ay14taar' FL Ted 365392-10e0 Fux3GSZ94IM saktakeywadLCOMI toddle Kayo Moo e mova "=Huey WarWim, FL FJW 6741 320MIIW 741 305 7434M Fat3e6-T434 R kfppsrKalfs Ofitce 81610 Ok1 +vr POOM680rT bUM.014FL OWN.$) 330344DM Tol Ftsv ^.kid->�4-pi11 &EByKRa aea�a Ocean Reef Offkv Usaff xvdaWe w'Y Ft.37 Tel 30S-.fi' T-4 Fos 72i%1 yd handy G. Erickson, who g Operations of the Key ,Nest, in Monroe County, ding a. legal noj�ce in the in said newspaper in the newspaper published in Key tat the said oewspaper has o=e County, Florida every t the post office in Key West, year next preceding the first and affiant further says that i or corporation any discount, ,inuring tWs advertisement for Sigttattitre of Affia nt sworn and subscribed before the this day of � „ 24)i#£i FW mOlwet�ii S r. ;1-:A F KIW.th(iW L.totaiy PubllC.Fr c-�t,teolFkvhdasiotl O. EeSW 15, 2M Marsha F. Kirkwotld nd�rl fdakaoaf NoitsY L4sn T ' Expim- Sepietnbtr 15, 2W9 No#Sty Seal pemnally Knows �, Produced Identification Type of Identification Produced V sari N V �' -Fehirlda Keys 4a16fattfl F. K.rBaetaoxl AdVOMLOV 0M0netw FR Box 4800 Ivey weat FI 3304. o€9Ce.......... 3 05-292-7777 F.tdeneitxl.................x419 Fax ............. 5-244-a026 INTEWaTPUBUSHNG Inommmm fbftdity$.WM I" l..roIms NEVWAPERS Tltuclumen >toattwnuaaat Flyer scums HB r�Fhwpmu Elmdaeda FM0 PrM =tl l-Awt Log IAGMISIE The items "WN Gkook MEW LQWW1 flu ds PareCFie Keye7V chww Guw. SE€tVICE$ Coammrdtd 11Srtdrn1 OgltenloCa9 Card MreCllcteil FLORIDA KEYS OFFICES f'11 t 11aIn FacllHy ImHa esfdeWn �yYYlitrL Tel ,-M Fex30&294ws5 dft-donymmuw kawrot 01yWon 1201 VAftStrast(s 107} Imy VVOEi. FL 33g4033Z6 Tel 9i>� IM Fmc30S294.1m a asom"Ostow asp® AFL H"",, SZsl To) 3M44"m Faz 7434*" �+tId916eY3.ean r0 Box 4W AFL (MAz1.SI Tel Fm mm4948uit from amm Mean Reef olllee 2A 0-r»efa Lane Key LmOa.1:t.9 ? Tim a05�8ri0f1 Fax 30'SW-2191 4 t= STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who On oath says ItW he is Vice -President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida.; th�,�h a he c y of v ment, being a le n ce in the matter Of 71 � .��- �&� /1„ �, /23®... � IIAA Ine V _ Court, as published in said newspaper issues of _ la11'Lr t" 2L- Afflant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every and has been entered as second-class mail matter at the post offer in Key 'West, in said Monroe County, Florida, for a period of t year next pxeceding the first publication of the auwhed copy of advertisement; and affxant finther says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refired for the propose of securing this advertisement for publication in the said newspaper. Signature of Affiant Sworn and subscribed before me this__day of 2006 -t���y r .aftsrd'S.e Notary Public. s "ny r.. IriF.E 1111F.I�1kKWi7i1C a. ; f NntaltrFvbtiC-StotaolF�iiC� . , . • jmy cows5'[-n Expos SOP 15, 2M9 Marsha F. Kirkwood `;,; 'zs Comtlrsgbna>Zd1Rs28 "�; ;f;''' 8ondadl3pofas�na�t�waryAs�. Expires; September 15, 2009 Personally Known T X Produced Identification Type of Identification Produced Notary Seal EXHIBIT 8 BIG COPPITT WASTE-WATERSERVICZ AREA That portion of the unincorporated area bounded on the west by Bona Chica Channel, on the east by Shark Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean (between Mile Markers 7 and 11), Monroe County, Florida, CUIDJOE - SUMMERLAND WASTEWATER SERVICE AREA That portion of the unincorporated area bounded on the west by Harris Channel and on the east by Was Channel, on the north by Florida Say, and on the south by the Atlantic Ocean (Between Mile Markers 16 and 26). That portion of the unincorporated County bounded on the north by U.S. Highway 1, on the west by Tom's Harbor Channel, on the South by Hawk's Channel, and on the East by Tone's Harbor Cut; an area commonly known as "Duck Key", including islands known as Center Island, Harbor Island, Plantation Island, and Yacht Club Island, but excluding Indies Island. All of Stock Island located south of the conterline of US Highway No. 1 (State Road No. 5), and lying east of Cow Key Channel and west of Boca Chica Channel. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 - MAR Bulk Item: Yes X No Division: County Attorney Staff Contact Person: Susan Grimsley AGENDA ITEM WORDING: Approval of payment to Thomas D. Wright, Esq. for coverage for John J. Wolfe, P.A. as legal counsel for the Planning Commission meetings to be held 6/13/07 in Marathon and 6/27/07 in Key Largo at the rate of $1,500 per meeting. ITEM BACKGROUND: Special Magistrate John J. Wolfe, P.A. is unable to serve as legal counsel for the 6/13/07 and 6/27/07 scheduled Planning Commission meetings. Thomas D. Wright, Esq. has agreed to cover at the same rate paid to Mr. Wolfe of $1,500 per meeting at no increased cost to the County. Pursuant to Ordinance 038-2004 which states, "The engagement contract must contain at a minimum, a description of the legal services to be provided and the fee, or basis of the fee, to be paid for such services.", the Board must approve the use of other counsel before the Clerk will release payment for these services. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of payment. TOTAL COST: $3,000.00 BUDGETED: Yes X No COST TO COUNTY: $3,000.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # THOMAS O. WRIGHT ADMITTED TO BARS OFe FLORIDA OHIO VIA FACSIMILE 305-292-4554 Original via U. S. Mail June 7, 2007 Mr. Thomas J. Willi County Administrator 1100 Simonton Street Key West, FL 33040 LAW OFFICES OF THOMAS D. WRIGHT CHARTERED 9711 OVERSEAS HIGHWAY POST OFFICE BOX 600300 MARATHON. FLORIDA 33050-0309 TELEPHONE (305) 74343118 FAX (305) 743-6196 E-MAIL 1" W I ObSMSOIAA.IM Re: Monroe County Planning Commission Attorney for Meetings of 6/13/2007 and 6/27/2007 Letter of Engagement Dear Mr. Willi: FLORIDA BAR BOARD CERTIFIED REAL ESTATE ATTORNEY Please let this serve as a letter agreement for me to provide legal services to Monroe County as the Planning Commission attorney at the meetings to take place in Marathon on June 13, 2007, and in Key Largo on June 27, 2007. My compensation for preparation for and attendance at these meetings shall be $1,500.00 per meeting. You rs very truly, Thomas D. Wright T DW/slr Cc: Nicole Petrick, Planning Commission Coordinator Via Facsimile 305-289-2536 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Mario DiGennaro (Seal) ATTEST: DANNY L, KOLHAGE, CLERK MONROE COUNTY ATTORNEY APPROVVdAST RM: SUSAN M. GRI LEY ASS I ANT COUNT TTORNEY Date ii. - 9 7 y— ACKNOWLEDGED AND AGREED TO BY: Thomas J. Willi, County Administrator By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Bulk Item: Yes x No _ Division: County Attorney Department: County Attorney Staff Contact Person: Bob Shillinger, ext. 3474 AGENDA ITEM WORDING: Approval of April 2007 invoice in the amount of $28,035.00 from Paul Hastings for services regarding Galleon v. Monroe County, Case No. 2004-CA-02-595-K. ITEM BACKGROUND: Paul Hastings is part of the defense team for representation in the Galleon Bay case. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: Board approved a contract with Paul Hastings originally in 2005, renegotiated February 23, 2007, and board approved at the March 21, 2007. STAFF RECOMMENDATIONS: Approved TOTAL COST: $28,035.00 BUDGETED: Yes No _ COST TO COUNTY: $28,035.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 2/05 Included x Not Required AGENDA ITEM # PAUL, HA5TMGS, JANOFSKY E. WALKER LLP 515 South Flower Street, 251" Floor, Los Angeles, CA 90071-2228 telephone 213-683-6000 / facsimile 213-527.0705 1 internet www.paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County! Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford[ Tokyo/ Washington, D.G o ('1E C()Uf�1'17'AATTOP,NE Monroe County April 24, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1514537 Attu: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 SUMMARY SHEET Galleon Bay Cary. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending March 31, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiri -igy Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAUS3N 100 West 33,d Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. r $28,035.00 654.65 $28,689.65 $123,560.55 $152,250.20 Remittance Address: Paul, Hastings, J,,nofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbrich@paulhastings.corrt. f Monroe Counq 58551-00003 Invoice No. 1514537 Invoice Invoice Date Number REMITTANCE COPY (cons.) Summary of Prior Balance Die Payments/ Amount Trust Appl. Page 2 Credits Balance Due 12/31 /05 1492298 $70,005.05 $42,787.11 $0.00 $27,217.94 01/18/06 1496300 $2,870,00 $0.00 $0.00 $2,870.00 02/28/06 1501315 $56,674.78 $0.00 $0.00 $56,674.78 03/20/06 1505177 $36,797.83 $0.00 $0.00 $36,797.83 Total Prior Due Balance Due $123,560.55 $152,250.20 PAUL, HASTINGS, .IANOFSKY &- WALKER LLP 515 South Rower Street, 25i4 Floor, Los Angeles, CA 90071-222a telephone 213-683-00001 facsimile 213-627-07051 internet www,paulhastmgs.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo[ Washington, D.C. PaulHostings Monroe County April 24, 2006 P.O. Box 1026 Ivey West, FL 33041-1026 Please refer to Invoice Number: 1514537 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 FOR PROFESSIONAL SERVICES RENDERED for the period ending March 31, 2006 Galleon Bay Corp. $28X5.00 Date Timekeepez Description Hours Rate Amount 03/01/06 Derek V. Howard Telephone conference with. 5.20 350.00 $1,820.00 R. Freilich and E. Paster regarding petition for writ of prohibition; prepare correspondence to J. Glogau regarding same; review correspondence from J. Glogau regarding same; requesting pretrial conference before temporary taking damages trial; legal research regarding petitions for writ of prohibition 03/01/06 Edgar I{halatian Legal research 0.30 350.00 $105.00 03/01/06 Robert H. Freilich Analyze writ of prohibition 2.80 350.00 $980.00 bases; telephone conference with D. Howard Monroe County 58551-00003 Invoice No. 1514537 Date Timel;ee er 03/02/06 Derek V. Howard 03/02/06 Edgar IChalatian 03/02/06 Ehsa Paster 03/02/06 Robert H. Freilich 03/03/06 Derek V. Howard 03/03/06 Edgar Khalatian 03/03/06 Elisa Paster 03/03/06 Robert H. Freilich 03/05/06 Derek V. Howard 03/06/06 Edgar Khalatian 03/07/06 Derek V. Howard 03/07/06 Robert H. Freilich Description Telephone conference with J. Glogau regarding petition for writ of prohibition, plaintiffs' notice for trial on temporary taking damages; prepare motion for pretrial conference; prepare electronic correspondence to R. Freilich and E. Paster regarding conference with J. Glogau, legal research regarding petitions for writ of prohibition Research for writ of prohibition Research legal issues for writ of prohibition Legal research regarding temporary damages and temporary takings Legal research regarding writs of prohibition, review of correspondence from E. Khalatian Research for writ of prohibition Resarch for writ of prohibition Prepare legal memorandum Prepare petition for writ of prohibition Research regarding writ of prohibition Review plaintiffs notice for 12-person jury trial Draft writ of prohibition Hours Rate 7.50 350.00 3.00 350.00 0.80 350.00 4.20 350.00 5.40 350.00 2.50 350.00 0.20 350.00 1.20 350.00 6.20 350.00 0.50 350.00 0.20 350.00 3.20 350.00 Page 2 Amount $2,625.00 $1,050.00 $280.00 $1,470.00 $1,890.00 $875.00 $70.00 $420.00 52,170.00 $175.00 70.00 $1,120.00 Monroe County 58551-00003 Invoice No. 1514537 Page 3 Date Timekeeper Description Hours Rate Amount 03/09/06 Edgar Khalatian Research for writ of 1.00 350.00 $350.00 prohibition 03/16/06 Derek V. Howard Review correspondence 020 350.00 $70.00 from E. Paster regarding identification of trial witnesses; prepare correspondence to J. Glogau regarding petition for writ of prohibition 03/16/06 Derek V. Howard Review Galleon Bay's 2.70 350.00 $945.00 response to Monroe County's motion for rehearing and/or reconsideration and caselaw cited therein 03/17/06 Derek V. Howard Conference with R. Freilich 0.80 350.00 $280.00 and E. Paster regarding trial preparation 03/17/06 Robert H. Freilich Review appraiser's reports 2.40 350.00 $840.00 and depositions; telephone conference with R. Shillinger and D. Howard 03/19/06 Derek V. Howard Prepare petition for writ of 6.70 350.00 $2,345.00 prohibition 03/20/06 Derek V. Howard Respond to voice mail 8.70 350.00 $3,045.00 message from R. Shillinger regarding status of petition for writ of prohibition; prepare petition for writ of prohibition; legal research; prepare correspondence to R. Freilich regarding petition for writ of prohibition; conference with Judge Payne's JA regarding scheduling of temporary taking damages trial on April 24 Monroe County Page 4 58551-00003 Invoice No. 1514537 Date Titnek er Descrip Hours Rate Amount 03/21/06 Derek V. Howard Review order denying 0.50 350.00 $}175.00 (notion for reconsideration and order setting cause for trial by jury and directing pre-trial procedure; prepare correspondence to R. Freilich and J. Glogau regarding same; review of correspondence from E. Paster regarding scheduling conflicts, conference with Judge Payne's judicial assistant regarding same; 03/22/06 Derek V. Howard Conference with M. Mari; 2.00 350.00 $700.00 conference with R. Freilich, R. Shillinger, and J. Glogau regarding petition for writ of prohibition and trial preparation; legal research; correspondence to R. 5hillinget 03/22/06 Robert H. Freilich Review pretrial order 0.60 350.00 $210.00 03/22/06 Robert H. Freilich Telephone conference with 1.20 350.00 $420,00 attorneys 03/23/06 Derek V. Howard Conference with E. Paster 0.40 350.00 $140.00 regarding scheduling a case management conference; conference with Judge Payne's judicial assistant regarding available date; prepare correspondence to J. Glogau regarding case management conference Monroe County 58551-00003 Invoice No. 1514537 Date Tiinekeeper 03/27/06 Derek V. Howard 03/27/06 Robert H. Freilich 03/28/06 Derek V. Howard 03/29/06 Derek V. Howard 03/29/06 Robert H. Freilich 03/30/06 Derek V. Howard 03/31/06 Robert H. Freilich Total Fees Robert H. Freilich Derek V. Howard Edgar Khalatian Elisa Taster Description Review correspondence from J. Mattson regarding Filing of notices of unavailability by Freilich and Stevenson, prepare correspondence to R. Shillinger regarding same; conference with trial witnesses Legal research Leave voice message for J. Thompson Conference with R. Freilich and E. raster regarding petition for writ of prohibition Review unit of prohibition draft Review provisions of order of taking Review and revise petition for writ of petition For Costs Incurred and Advanced Timekeeper Summary Hours 0.80 1.80 0.20 Rate 350.00 350.00 350.00 0.30 350.00 2.00 350.00 1.10 350.00 3.50 350.00 80.10 Page 5 Amount $280.00 $630.00 70.00 $ 105.00 $700.00 $385.00 $1,225.00 $28,035.00 22.90 hours at $$350.00 48.90 hours at $350.00 7.30 hours at $350.00 1.00 hours at $350.00 Monroe County 58551-00003 Invoice No. 1514537 Courier Service Long Distance Telephone Charges Photocopy Charges Secretarial Overtime Charges Facsimile Outside Professional Services - - Law Offices Of Alan K. Steinbxecher; Invoice #: 1105; Invoice Date: 02/28/06 Total Costs Current Fees and Costs Due Prior Balance Due Total Balance Due Page 6 10.62 5.28 165.00 17.50 156.25 300.00 $654.65 $28,689.65 $123,560.55 $152,250.20 May 07 07 02: 8p Lisa Atwood (213) 891-1470 p-2 LAW OFFICES of ALAN K. STEINBRECFIER, P.C. 515 SOUTH FLOWED STREET l 7 T" FLOOR LDS ANGELES. CA 90071-2234 TEL: 2' 3.391-1400 FAX: 213-891-1470 EMAIL: 010rr S12ii1bi Cich3r ?oO anS1elnbTechBrlov' .CorrI Paul Hastings Jannofsky & Walker LLP Attn: Robert Freilich, Esq. 515 S. Flower St., 26th Floor Los Angeles CA 90071 In Reference To: Monroe County -Galleon Bay Professional Services 02/08/06 DCG Preparation of Motion for Rehearing For professional services rendered Previous balance Balance due February 28, 2006 Statement No.1105 Hours ATnount 1.00 300.00 1.00 $300.00 $487.00 Timekeeper Sum ary Name Hours Rate Doug C. Griffith 1.00 300.00 $787.00 Amount $300.00 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Bulk Item: Yes x No Division: County Attorney Department: County Attorney Staff Contact Person: Bob Shillinger, ext. 3474 AGENDA ITEM WORDING: Approval of April 2007 invoice in the amount of $48,833.74 from Paul Hastings for services regarding Collins v. Monroe County, Case No. 2004-CA-379-M. ITEM BACKGROUND: Paul Hastings is part of the defense team for representing the County in the Collins case. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: Board approval contract with Paul Hastings originally executed in 2005, renegotiated on February 23, 2007, and approved by the board at the March 21, 2007. STAFF RECOMMENDATIONS: Approved TOTAL COST: $48,833.74 COST TO COUNTY:_ $48,833.74 BUDGETED: Yes —No _ SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management _ DOCUMENTATION: DISPOSITION: Revised 2/05 Included x Not Required AGENDA ITEM # PAUL, HASTINGS, JANOFSKY 8 WALKER LLP 515 South Flower Street, 251h Ftoor, Los Angeles, CA 90071-2228 telephone 213-683.6000 / facsimile 213-627-0705 / internet www.paulhastings-corn Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Mitanl Nev., Yorw Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. PaulHostinus Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton SUMMARY SHEET Collins Litigation PHJ&W LLP File# 58551-00002 Robert H. Freilich Legal fees for professional services for the period ending March 31, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address 0959 Swift Code: BOFAUS3N 100 West 33,d Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. . "lg April 25, 2006 Please refer to Invoice Number: 1514536 PHJ&W Tax ID No. 95-2209675 $4,741.00 44,092.74 $48,833.74 $182,453.21 $231,286.95 Remittance Address: Pahl, Hastings, Janofslcy & Wallcer LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbrich@paulhasdngs.com. paulhasdngs.com. S Monroe County 58551-00002 Invoice No. 1514536 Invoice Invoice Date Number REMITTANCE COPY (cont.) Summary of Prior Balance Due Payments Amount Trust Anol. Page 2 Credits Balance Due 08/26/05 1464942 $53,896.41 $52,389.67 $0.00 $1,506.74 01/18/06 1496297 $146,629.29 $0.00 $0.00 $146,629.29 02/28/06 1501314 $15,908.11 $0.00 50.00 $15,908.11 03/20/06 1505176 $18,409.07 $0.00 $0.00 $18,409,07 Total Prior Due $182,453.21 Balance Due $231.,286.95 PAUL, HASTINGS, JANOFSKY 0a WALK R LLP 515 South Flower Street, 25"' Floor, Los Angeles, CA 90071-2228 telephone 213-683-6000 / facsimile 213-627-07051 Internet www.paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New Yorld Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo! Washington, A-C. stings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton FOR PROFESSIONAL SERVICES RENDERED for the period ending March 31, 2006 Collins Litigation Date Timekeeper Descrintt_on 03/02/06 Robert H. Freilich Telephone conference with expert witnesses; telephone conference with D. Howard 03/03/06 Robert H. Freilich Telephone conference with S. Moore regarding depositions 03/06/06 Claudia R. Immerzeel Prepare updated audit response letter and email messages to B. Orem 03/06/06 Robert H. Freilich Legal research regarding wetland development as nuisance 03/17/06 Elisa Paster Telephone conference with D. Howard; research issues for witnesses 03/21/06 Elisa Paster Review expert witness qualifications; telephone conference with R. Shillinger 03/22/06 Derek V. Howard Conference with R. Shillinger, R. Freilich and J. Glogau regarding trial preparation April 25, 2006 Please refer to Invoice Number: 1514536 PHJ&W Tax ID No. 95-2209675 $4,741.00 Hours Rate Amount 0.60 350.00 $210.00 0.40 350.00 $140.00 0.40 215.00 $86.00 2.40 350.00 $840.00 0.80 350.00 $280.00 0.50 350.00 $175.00 0.20 350.00 570.00 Monroe County 58551-00002 Invoice No. 1514536 Date Tirnekee er 03/22/06 Elisa Paster 03/23/06 Elisa Paster 03/27/06 Robert H. Freilich 03/28/06 Elisa Paster 03/29/06 Derek V. Howard 03/29/06 Elisa Paster 03/29/06 Robert 1-I. Freilich 03/30/06 Robert H. Freilich Total Fees Robert H. Freilich Derek V. Howard Elisa Paster Claudia R. Immerzeel Description Review trial materials; telephone conference with R. Shillinger, J. Glogau and D. Howard; follow-up email Draft letters; telephone conference with D. Howard Telephone conference with trial witnesses; telephone conference with J, Sanders regarding BUD regulations Follow-up on motion to strike; telephone conference with S. Moore Prepare notice of case management conference Review expert witness issues Telephone conferences with trial witnesses Telephone conference with R. Calvo For Costs Incurred and Advanced Timekeeper Summary Hours Rate 1.50 350.00 1.50 350.00 1.50 350.00 0.50 350.00 0.20 0.20 2.00 1.00 13.70 7.90 hours at 0.40 hours at 5.00 hours at 0.40 hours at 350.00 350.00 350.00 350.00 $350.00 $350.00 $350.00 $215.00 Page 2 Amount $525.00 $525.00 $525.00 $175.00 $70.00 $70.00 $700.00 $350.00 $4,741.00 Courier Service 21.24 Monroe County Page 3 58551-00002 Invoice No. 1514536 Long Distance Telephone Charges 23.32 Photocopy Charges Law Offices of Alan K. Steinbrecher, P.C. invoice #1097 dated 01 /31 /06. 6,987.50 Law Offices of Alan K, Steinbrecher, P.C. invoice #1086 dated 01/31/06. 37 Total Costs $44,092.14 l i Current Fees and Costs Due 48,833.74 _ Prior Balance Due $182,453.21 Total Balance Due $231,286.95 ��� LAW OFFICES OF ALAN K. S'rEINBRE HER, P.C. 315 SOVIH FLLWSP GIREEL 17"' FLOOR LOS AHOE€.E5, CA 90071.2234 TCL-. 213.891-1400 FAX; 20-891-1470 WAIL: CfiplSatt?If litOChGt�f114 f15f Qsnbf nChG 3lRbv,Cpin Paul Hastings janofsky & Walker LLP January 31, 2006 Attar: Robert Freilich, ,Esq. Statement No.1097 515 S. Flower St., 26th Floor :Los Angeles CA 90071 In Reference To: Monroe County -Collins Professional Seiwices Hours Amount 01/04/06 AKS Telephone call with T. Smith regarding revisions to BUD 0.50 16150 ordinance and new BUD applications 01/06/06 AKS Confer with C. Paster regarding new BUD applications and 0.50 162.50 revised BUD ordinance 01/12/06 AKS Review portions ofM. Conaway deposition transcript regarding 1.00 325.00 `official" existing use maps and plaintiff -related issues 01 /13/06 AKS Confer with R. Freilich and E. Paster regarding revision to BUD 2.00 650.00 ordinance, new BUD applications and related issues 01/17/06 AKS Analyze BUD applications to determine acceptability 1.50 487.50 01/18!06 AKS Analyze BUD applications; confer with R. Freilich; prepare 6.00 1,950.00 response letter 01!19106 AKS Review and revise BUD ordinance, confer with E. Paster 2.50 812-50 regarding same 01 /20/06 AKS Confer with R. Freilich regarding BUD ordinance revision; 0.50 162.50 review MOU and DCA progress report 01!23/06 AKS Review revised BUD application response letter; prepare 0.50 162.50 message to R. Shillinger Paul Hastings Janofs y & Walker LLP In Reference ]'o: Monroe County -Collins 01/25/06 AKS Confer with R. I reilich regarding BUD ordinance and BUD letters 01127/06 AIDS Confer with R. Fre'tlich regarding BUD response letters and revised BUD ordinance 01/30/06 AKS Telephone call with J. Sanders regarding BUD letters; prepare final letters; prepare message to R. Shillinger and J. Sanders regarding same 01/31/06 AKS Telephone call with J. Sanders regarding BUD letters; finalize letter with proper signatory and transmit to Monroe County For professional services rendered Previous balance Balance clue January 31, 2006 Page 2 Hours Amount 0.50 162.50 1.00 325.00 4.50 1,462.50 0.50 162.50 21.50 $6,987,50 $73,736.56 Timekeeper S msrma -y Name Hours Rate: Amount Alan K. Steinbrecher 21.50 325.00 $6,987.50 LAW i�r=tcrs or� ALAN K. STEIN ;RECHt R, P.C. 515 SOU111 FLOWER STREET 17"'FLOOR LOS ANGUES, CA 90071-2234 71_L: 213-891-1400 FAX- 213.391.1470 EMAILt aicrideinbiochor a€aneIalnbrochorlaw,com Paul Hastings 3anofsky & Walker LLP January 31, 2006 Attli: Robert T-reilich, Esq. Statement No.1086 5 15 S. Flower St., 26th Floor Los Angeles CA 90071 In Reference To: Monroe County -Collins Professional Services Hours Amount 12/01/05 AKS Pretrial preparation 2.00 650.00 DCG Strategize and analysis regarding f irtheT briefing on 3.50 1,050.00 cross -;;nation for sC nimary judgment; outline of trial preparation plan 12/02/05 AKS Telephone call with R. Shillinger regarding BUD application 1.00 325.00 summaries, copying files and plaintiffs' riles; confer with. R. Freilich and E. Paster regarding additional brief on statute of limitations DCG Strategize and analysis regarding .further briefing on 2.50 750.00 cross -emotion for summary judgment; outline of trial preparation plan .12/03/05 DCG Outline of trial preparation plan 1.50 450.00 12/06/05 DCG Outline of trial preparation plan 2.00 600.00 12/07/05 AKS Review vegetation reaps and correspondence regarding briefs; 1.50 487.50 review correspondence; review Cases Paul. Hastings Janofsky & Walker LLP In Reference To: Monroe County -Collins January 31.2006 Page 2 Hours Amount 12/07/05 DCG Outline of trial preparation plats; related email to A. 5.50 1.650.00 Steinbrecher; strategy meeting with R, Freilich regarding further statute of Iimitations briefing requested by Court; prepare statute of limitations brief I 08105 AKS Review draft BUD procedures; review Motion for Summary 2.50 812.50 Judgment hearing transcript DCG Preparation of statute of limitations brief; related emails to/from 7.50 2,250.00 E. Paster 12/09/O5 AKS Telephone call with R. Shillinger regarding new BUD 6.00 1,950.00 application summaries and draft BUD ordinance; review Motion for Summary Judgment hearing transcript; review cases regarding county as agent for state and applicability of section 380 to counties DCG Prepare statute of limitations brief 6.50 1,950.00 12/10/O5 AKS Review BUD ordinance and compare to draft; prepare 2.00 650.00 comments regarding same; review notes and analyze 12/11/05 DCG Prepare statute of limitations brief 4.50 1.350.00 12/12/05 AKS Research regarding supplemental brief; telephone call with R. 7.50 2,437.50 Shillinger regarding BUD files; review and revise first portion of supplemental brief DCG Prepare statute of limitations brief 10.00 3,000m 12113/05 DCG Prepare statute of limitations brief related strategy meetings 6,00 1,800,00 with R. Freilich. and E. Paster 1.2/14/05 DCG Prepare statute of limitations brief; related emails to/front E. 2.00 600.00 Paster, J. Glogau 12/15/05 AKS Prepare message regarding affidavits 0.50 162.50 DCG Prepare statute of limitations brief and affidavits, charts; relaters 11.50 3,450.00 research, emails to/front E.Paster Park Hastings Janofsky & Walker LLP In Reference To: Monroe County -Collins January 31, 2006 Page 3 Hours Amount 12/16/05 AKS Review and revise brief; confer with D. Griffith regarding "as 2.50 812.50 applied" arguments and neaps; arrange organization of evidence in support of brief DCG Prepare statute of limitations brief, affidavits and charts; related 9.50 2,850.00 research, emails to/from E. Faster and R. Freilich; telephone call with R. Shillinger. M. Rosch, et al. regarding affidavits and evidentiary support for brief 12/17/05 DCG Prepare statute of limitations brief; related research 3.50 1,050.00 12/18/05 DCG Prepare statute of limitations brief; related research 2.00 600.00 12/19/05 AKS Review and revise brief on statute of limitations; confer with D. 2.50 812.50 Griffith regarding same; confer with. E. Paster DCG Prepare statute of limitations brief 7.50 2,250.00 12/20/05 AKS Confer with D. Griffith regarding brief and confer with A. Craig 1.00 325.00 regarding files 12/21/05 AKS Review evidence submitted as exhibits to supplemental brief 1.00 325.00 For professional services rendered 115.50 $35,400.00 Costs and Disbursements 10/14/05 Federal Express - Robert Shillinger 55.48 Federal Express - Tyson Smith 36,90 10/18/05 Federal Express - Robert Shillinger 48.03 Federal Express - Jonathan Glogau 53.27 Federal Express - Stephen Moore 51.19 Federal Express - Tyson Smith 51.19 Paul Hastings Janofsky &Walker LLP Tantimy 31, 2006 In Reference To: Monroe County -Collins Page 4 Amount 10/19105 Federal .Express - Ton Kerr 54.52 Federal Express - Donna .Manson 54.52 11/23/05 Federal Express - Robert Shillinger 38.23 11,125105 Federal Express - A. Steirrbrecher @a hotel 56.65 11/27/05 Airfare to Florida - A. Steinbrecher 1,128.30 Total Costs and Disbursements $1,658.28 Total arnount of this bill $37,058.28 .Previous balance $77,165.53 Payments/Adjustments 12/21/2005 Payment - Thank You. Check No. 622525 ($32,874.75) 12131/2005 Credit per revised. November 2005 invoice (S7,612.50) Total payments and adjustments ($440,487.25) Balance due S73,736.56 Timekeeper SummaryName l:-iotrrs Rate Ainotuxt Alan K. Stcinbreclier 30.00 325.00 S9,750.00 Doug C. Griffith 85.50 300.00 $25,650.00 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Bulk Item: Yes x No Division: County Attorney_ Department: County Attorney Staff Contact Person: Bob Shillinger, ext. 3474 AGENDA ITEM WORDING: Approval of May 2007 invoice in the amount of $40,225.09 from Stephen J. Moore, P.C. for services regarding Collins v. Monroe County, Case No. 2004-CA-379- M. ITEM BACKGROUND: Stephen J. Moore, P.C. is part of the defense team in representing the County regarding the Collins case. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: Board approval contract with Moore July 19, 2006. STAFF RECOMMENDATIONS: Approved TOTAL COST: $40,225.09 BUDGETED: Yes No COST TO COUNTY: $40,225.09 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management _ DOCUMENTATION: DISPOSITION: Revised 2/05 Included x Not Required_ AGENDA ITEM # $ iEr,Ei1VF= Page: 1 STEPHEN J. P.C. MONROE COUNTY f�TTORi' EY Robert B 5hillinger, Jr. 'Chief Assistant County Attorney P.O. Box 1026 Key West, FL 33041-1026 Invoice Number: 1487 Date: May 07, 2007 Date Description Hours Rate Amount April 02, 2007 Conf with David Edlow & 2.50 235.00 587.50 Elizabeth Moran April 03, 2007 Tele Conf with Counsel 2.50 235.00 587.50 April 03, 2007 Conf with David Edlow & 0.50 235.00 117.50 Elizabeth Moran April 05, 2007 Conf with Mattson re Discovery 0.25 235.00 58.75 Issues April 06, 2007 Work on Exhibit and Witness 2.90 235.00 681.50 Lists April 09, 2007 Work on Contracts and Witness 4.60 235.00 1,081.00 List April 10, 2007 Finalize Witness List 3.50 235.00 822.50 April 13, 2007 Work on Depositions and 4.50 235.00 1.,057.50 Experts April 16, 2007 Review Value Reports; Conf 4.00 235.00 940.00 with Co -Counsel; Conf with David Edlow April 17, 2007 Tele Conf with Witnesses; 5.80 235.00 1,363.00 Prepare for Depositions 0 - 30 gays 31 - 60 days 61 - 90 days > 90 days Total $40,225.09 $25,032.24 $6,254.75 $20.00 $71,532.08 STEPHEN J. MOORE, P.C. Robert B Shil.linger, Jr. Chief Assistant County Attorney P.O. Box 1026 Key West, FL 33041--1026 PO Number Terms Project 90355-012SJM(Collins Time & Expenses Collins v. Monroe Co Date Description Flours Rate Amount April 19, 2007 Travel from KC to Miami; Work 8.00i 235.00 1,880.00 on Depositions April 20, 2007 Depo of Robert Gallaher in 0.45 285.00 128.25 Miami April 20, 2007 Tele Conf with Witnesses re 1.00 235.00 235.00 Calls from Plaintiffs, Counsel April 20, 2007 Review Gallaher Appraisals 2.00 235.00 470.00 April 21, 2007 Conf with County Appraiser 7.00 235.00 1,645.00 April 21, 2007 Tele Conf with Co --Counsel 0.40 235.00 94.00 April 22, 2007 Prepare for Craig Depo; Conf 5.00 235.00 1,175.00 with Co -Counsel April 23, 2007 Depo of Mark Quinlivan 5.00 285.00 1,425.00 April 24, 2007 Travel to County Office; Conf 3.00 235.00 705.00 with County Employees April 24, 2007 Depo of Don Craig 3.00 285.00 855.00 April 25, 2007 Depo of Glen Boe 3.00 285.00 855.00 April 25, 2007 Travel from Key Largo to Ft. 2.50 235.00 587.50 Lauderdale 0 - 30 days 31 - 60 days 61 - 90 days > 90 days Total $40,225.09 $25,032.24 $6,254.75 $20.00 $71,532.08 Page:, 3 STEPHEN J. 9 P.C. gim Robert B Shillinger, Jr. Chief Assistant County Attorney P.O. Box 1026 Key West, FL 33041-1026 invoice Number: 1487 Date: May 07, 2007 PO Number Terms Project 90355-012SJM(Collins Time & Expenses Collins v. Monroe Co Date Description Hours Rate Amount April 26, 2007 Travel, from Ft. Lauderdale to 6.00 235.00 1,410.00 KC April 26, 2007 Work on Discovery Requests 2.00 235.00 470.00 April 27, 2007 Conf with David Edlow 1.75 235.00 411.25 April 29, 2009 Travel from KC to Marathon 8.00 117.50 940.00 April 30, 2007 Meetings with County Officials 5.00 235.00 1,175.00 April 30, 2007 Depos of County Officials & 2.50 285.00 712.50 Employees May 1, 2007 Travel from Marathon to KC 8.00 235.00 1,880.00 April 30, 2007 Airfare (2 persons, April 19 999.20 and April 26, 2007) April 30, 2007 Airfare (1 person, April 29 401.60 and May 1, .2007) April 30, 2007 Lodging (2 persons, 4/19 - 2,383.86 4/25, 2007) April 30, 2007 Lodging (1 person, 4/29 - 354.58 4/30/2007) April 30, 2007 Car Rental (4/19 - 4/26/2007) 334.27 0 - 30 days 31 - 60 days �:61�-90 days ��> 90 days Total $40,225.09 $25,032.24 $6,254.75 $20.00 $71,532.08 STEPHEN J. MOORE, P.C. Robert B Shillinger, Jr. Chief Assistant County Attorney P.O. Box 1026 Key West, FL 33041-1026 PO Number Terms Project 90355-012SJM(Collins Time & Expenses Collins v_ Monroe Co Date Description Hours Rate Amount April 30, 2007 Car rental (4/29 - 5/1/2007)1 103.80 April 30, 2007 Meals (2 Persons, 4/19 381.571 4/26/2007) April 30, 2007 Meals (1 Person, 4/29 - 27.15 5/l/2007) April 30, 2007 Gasoline (4/19 - 4/26/2007) 65.81 April 30, 2007 Gasoline (4/29 - 5/1/2007) 38.50 April 30, 2007 Parking & Tolls 132.00 April 30, 2007 Parallegal (4/1 - 4/30/07) 125.50 60.00 7,530.00 April 30, 2007 Graduate Law Student (4/1 - 48.50 50.00 2,425.00 4/27/07) April 30, 2007 Associate Attorney 4.50 155.00 697.50 Total $40,,225.09 4�7/ , A J. (f 0 - 30 days 31 - 60 days 61 - 90 days > 90 days Total $40,225.09 $25,032,24 $6,254.75 $20.00 $71,532.08 &P SJ. O. Q idJ 61 O Q w+ m 0 m ll V LLU _R CL _Y p V Q Li rn W E _ Q tw CCd 4 6 LU to U O Ch N C N cc C a J W fl V D N N 1n 7 Z 10 W } a W Z c a -a EC ♦ 0 Q W a f � LJ c u C t U2 m a) N W U LL C o U o� � Q E � LU — L�[f � U E W •� C Lod o c �u m mgr a,0 w R O cWfl u- Q � N [11 IC z p s CL X a W � � Q rn > 0 2 1-2 1-- I� 12 I:* 12 12 12 1� 12 12 12 12 12 1� SOMMEMEMENNO a o a C C � j N II! QL 3 S 4 V LLL uj p h Lu O V1 !- U v, ul U U F, ,: z Ul � :• a o C a Q Q < U a Q y nU3 n� Ln Q 4 F ~ Ln V) F & K Q d 4 to FWD• U W Lu Lu A A p C u C I C !j sos i ro G N A l l a m o O u 3 Z O ev c s 3 u C ¢ •- L W � u r A w k m 1 1am dj tY,+ I A Elf _ s S CD ac .s u Tuv W =' 0 N w d u Q 1Mr_Fil�� Prepared Fe, Accauni tVurnber STEPHEN J MOORE -XXXXXS-2200E 44/ c�951r18/6/07 air Page 5 of 10 XXXX Flexible any Previous Balance Payment Activity 2047.32 -2047.32 FINANCE CHARGE' 0.00 New Charges/Adjustments 1498,80 New Balance _1498:80 pialdbl!G PaymentPaYment Abflv4a �., - !e►nl" Activity, f6r,STEE1= EN J MOORE' — — - 4111147 AIRTRAN'AIRWAYS ATLANTq ,; GA -- AiRTRAtVIAIRWAYS 1,498,80 FCom Ta Carrier Class., KANSAS CITY Md, !NT _ATANTA M3. FORT,LAUDERDALEFL. .'"Ft , ;.- ATLANTA CA FL . - KANSAS CITY MOAT. FL, i icket Nur"i 33k6173169540. ©ate bf bepariure 64/19 Passenger Name:' MOOPE/SM R Document -Type. PASSENGER FiGKT" , SIGN &-TRAVELS /'EXTENDEb PAYMENT OPTION " 1,495 8 ri F1C� )fie Chaoe'Sc duty � rng days thrspenod 3 Average frail Darl ° lanceto+ hich.r'ate a Pees Y, Annuat New pP, ealarlce F Periodre Rate .; Percentage Fia[e Bal rice n & TravelFExPOCPIAFCGE CE . 0 00 {} 0500% : �` 18 24°1 1,498 80.. 0 .40 Cer#arn afthe perrodre rakes"and APRs above inlay be 'Variable."Those rates may vary based upon the prrrrte rate,identrf:ed In the Wall SV66t Journal; :as described ir1`,yoifr Gard memberAg"reemeh#'as currentty:in'effect: J. 3. ny� �r/�F I]ortant Notice Din? Ilan of! F16A']10P4itiLMtlt F�'a UreS P€ease refer to page 2 may: Have access 10" ori� or moFe 1 iexrble Paymen# Features as"part of your Card account. The currerit Annual entage FlateS.(APRs) And f)ah Periodic Rates, (bpRs) for the Flexible Payment Fea#vies are tollgws:: info maleonregardingQ` as. .- . Sigh'& TravelQ, the APR is 16_24v%o the"f)PR is Q.450fi/o your acopunt.- ExtendedPayn)ent Option (ExPO), the APR is 18.24o' the DPR.is 0.0500°l AirTran Airways 9955 AirTran Blvd. Orlando, FL 32827 MR ST'EPHEN MOORE 5840 McGee Kansas City, MO 64113 US Confirmation Number: C4J6SC Agent Name: 102565 Booking Date: Wed Apr 11 Booked By: LISA PASSENGER INFORMATION: Passenger(s): Customer Number Flightik/Seat## MS ELIZABETH MORAN ITINERARY: FLIGHTS: Date Flt Depart Fare and Charges Detail: Payment(s): Arrive Air Fare Stops Total Air Fare Price: 0.00 CXL (Cancel Fe): 60.00 Total: 60.00 American Express: 499.60 Credit Shell:-439.60 Balance Due." 0.00 Condition of Contract: Air Transportation By AirTran is subject to the terms of AirTran Airways' Condition. of Contract including Contract of Carriage terms or international tariff rules. Such conditions include, without limitations, limits on, liability for personal injury, death and baggage claims, provisions for reservations, refusal to transport, consequential damages, substitution of alternate air carrier or aircraft waiver/ :modification of terms, delays, and failure or inability to perform service. The Warsaw Convention may govern.international travel. For such passengers, the Warsaw. Convention, including special contract of carriage embodied in applicable tariffs, governs the liability of the carrier. The 4irTran Airways contract of Carriage may be inspected at AirTran Airways customer service counter. For more information, lirect inquiries to: AirTran Airways, Inc. Customer Relations Department, Dept. OSF. 9955 AirTran Boulevard, Orlando, FL 32827. i f�j I 3 L U + i I5, J W n C u �41 � �y � = L�"� /ki�d � to 0- w 51d L C�J { w 2r M � �U = w YQ +3 o = ect ,. In L > c.,i LL Q C ¢ 30 L L) L c s it Q L L l ~ LL X a E of ®. J L" to Coy Co LU m L _5 wM as 3IU 4 4,l J C ago �s u.fu y Lm 6 1r C.J if ! ran Afi'm ys a unliI've ?CaCk-ln page I oi 'I boarding pass., print a copy for boarding at the airport oardhig Pass: I of 4 A l it W A 1' V. Passenger Name: Mo RE, STEP Date. Apr 6, 2007 Flight: 3 Confirmation 3 E Number: .A+ Rewards Nbr: 2127630 Flights Close 10 MINU TES `ore Departure. PleaseBe On Board Thl(s- luxe. ZONE I AIRTRAN AIRWAYS MWRE/STEPHIEN PNR NO: Y3KEUY CLAIM NO:0332!52I309 FLIGHT NO: 430 26APR07 KANSAS CITY, MO AIK I KAW 'A1KVVAYti jM0WE / STEPHE pNR NO: Y3KEUY CLAIM NO: 0332:521306 FLIGHT NO: 430 26APR07 KANSAS CITY, MO hitp:/Iebyepass.airtran, oam/PrintBoarding.aspx 4/25/ 007 Air€ran Airways w Online Cie,' -ill Paige I of .i M�.j ! . Pass:, fa at the airport ]Boarding Pass: 2 of N h p:lfebyepass.ai ran.com/Print oardi .asp)<?Pass €am=O&SegNum=I BPNu.-, i 5/2007 Page 1 of 1 r check -in boarding pass: prim a copy for boarding at the airport Boarding Pass: 1 of 2 BOARDING PASS aiffmn, airtran.com k F W W A V Passenger lame: EDLOW, DAVID Date: Apr 19, 2007 Flight: 428 ZONE Confirmation Y3KEt1Y 6 Number: . A+ Rewards Nbr: 2136051105 Flights Close 10 MINUTES Before Departure. Please Be On Board Before This Time. GATE SEAT 10E Depart: Kansas City, MO (MCI) 7:20am Arrive: Atlanta, GA (ATL) 10:18am 11 AirTran airways - OP-Nne Check- -a Page 1 of I f check -in boarding pass: print a copy for hoarding at the airport Boarding pass: 2 of 2 BOARDING PASS WrTrano airtran.com E$ dtir A Y 6 Passenger Name: EDLOW, DAVID Date: Apr 19, 2007 Flight: 76 ZONE Confirmation Y3KEUY 5 Number: A+ Rewards Nbr: 2136051105 Flights Close 10 MINUTES Before Departure. Please Be On Board Before This Time. CRATE C11 SEAT 14F Depart: Atlanta, GA (ATL)- 11:59arn Arrive7 Ft. Lauderdale, FL (ELL) 1:47prn 7 Aiffran Airways- Online hecf,�wN Page I Of I AIRTRAN PNR NO Y�KEUY (check -in CLAIM h d: i133�S� ® print a copy fpr b® °d .g , EL10HT NO: 430 at the airport'A'RA®T , � I j I AVID �S 1'NA No Y3KEUY CLAM Ao, 0.3 t Board' Fria: 3of4 FLIGHT P NO: 430 26 a Ro, KANsq` CITY, MO hftn-//t=hv�-n:zf,Q !airfEan r-er^^- boarding pass - print a copy for boarding at the airport ®aria Pass: 4 of airTm. ,�� ,� .�; re 4irtramcom , Passenger Name: E+ DLOW, DAVILD Date: -Apr Z6, 2.007 , Flight: 430ZONE Confirrtion Y3KEUY Number: A+ Rewards Nbr: 2136051105 Flights Close 10 MRIUTES Before Depa rf. Please Be On Board gefore This Time. 9 GATE C`18 SFA:T 1 Depart: Atlanta, GA (A.'TL) 11:38am Arrive: Kansas City,. (MCI) .2:49pm 40 http:/lebyepass.airtran.com/PrintSoarding.asp�?PassNum=l &SegNum=I &i3PNu... 4/25I2007 1'V i FT LAVOERDALE INT'L A1P RENTAL RECORD: Lat: STEPHEN MOORE 545072636 COMPLETED 8Y: H RENTED: FT LAUDERDALE INT'L 1966 RENTAL; " 04/19/07 13;47 RETURN: 04/26/07 MILES IN; 09435 OUT: 08863 MILES DRIVEN: 572 PLAN IN/OUT: PENN *1WEHW CLS; C ! F 1 WEEKS 126,99 + DISCOUNT 10% 126.9 SUBTOTAL 12.70 3 14-29 ' CONCESSION FEE RECOVERY ]2512 ADDITIONAL CHARGES ,I2 ' Lis $12.44/DAY 49,75 87.08 i TX 6.000% ON FLA&VLCR&CFC 233.19 ]4.00 i NET DUE t PAID 334,? it �' BY; APEX CREDIT CARD O; NOOOOOQOl2008 S ' ADDITIONAL CHARGES NVRLST - 9.95DYI 49.75WK 9 'CHARGES CALCULATED ON ORIGINAL RETURN DATEITIME/LOCATION 3 ; _ k j HOO WAS YOUR EXPERIENCE?— -- ( WE'D LIKE YOUR FEEDBACK6 ii 1) Call ]-800-278.1595, or Visit WWW,HERTZSURVEY,COM n3 il 2) Enter Access Code, Q1320 '0s ` }97 I Ir 3) Take Brief 4 question Survey u )50 ' Thank you for renting from I 4 ,`Hertz{ I 545072636 i i A l� LU uj rn o >`�CY) ce> 03 17 C)v <D W�qp CO r� 1609 83 a: = Q !n O 03 LLJ < m Lij cri t) © Q 501 oho.. 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't` -,S g�� Stephen Moore 5840 Mcgee Kansas City,MO 64113 us Room No Arrival Departure Date 222 04-23-07 04-25-07 04 23 07 *Accommodation 04 23 07 doom Tax brUN' Key Largo Membership No. A/R Number Group Code Folio/Invoice No. Page No. Cashier No. User ID 170630 1 of i 103 LMUNOZ www.holidayinnkeylargo.com Charges ( Credits 200.95 --- 8 04 - 04-24-07 *Accommodation 2 00.9 5 04-24.07_.__-_ Bed Tax.____�_.,8:04,._..._�_.._...__..___....-._.-__ _...) j 04-24-07 _... _I_Room Tax 1_-47.-----1-..__.__..__ 04-25-07 jAmerican Express XXXXXXXXXXX2008 448.121 ..----- --------- ---- _.. ------ _ __-- ..-...___... .._- -__ _.._ _._._ ._ Total 448.12 448.12 Balance 0.00 Description Guest Signature- I have received the goods and / or services in the amount shown heron. I agree that my liability for this bill is not waived and agree to be held personally liable in the event that the Indicated person, company, or association fails to pay for any part or the ful€ amount of these charges. If a credit card charge, I further agree to perform the obligations set forth I the cardholder's agreement with the issuer. Holiday Inn Key Largo 99701 Overseas -Highway Key Largo, FL 33037 Telephone: (305) 451-2121 Toll -Free: (866) 240-6311 Fax: (305) 451-5592 Stephen Moore 5840 Mcgee Kansas City,M® 64113 us Room No. Arrival Deparfure 224 04-23-07 04-25-07 Sep y�E Key Largo Membership No. AIR Number Group Code Folio/invoice No. Page No Cashier No. User ID L q. �-z -:� /o ?, 170631 1 of 1 103 LMUNoz www.holidayinnkeylargo.com r gate Description Charges Credits 04-23-07 "Accommod ation 04 23 07 ( bed Tax 04-23-07 .__..--- Room Tax .._--.-___-- 04-24-07 #Accommodation I04-24-07 Bed Tax 04-24-07 Room Tax I04-25-07 American Express XXXXXXXXXXX2008 Total 448.12 448.12 Balance 0.00 Guest Signature: I have received the goods and 1 or services in the amount shown heron. I agree that my liability for this bill is not waived and agree to be held personally liable in the event that the indicated person, company, or association fails to pay for any part or the lull amount of these charges. if a credit card charge, I further agree to perform the obligations set forth in the cardholders agreement with the issuer. Holiday Inn Key Largo 99701 Overseas -Highway Key Largo, FL 33037 Telephone: (305) 451-2121 Toil -Free: (866) 240-6311 Fax. (305) 451-5592 A/R Number Group Code Folio/Invoice No, Reference # 22658 1 Room No. 204 Page No. 1 of 1 Arrival 04-25-07 Cashier No, 3 Departure 04-26-07 User ID SUEFLLCC www.ichotelsgroup.com Date Description Charges Credits 04 - - "Accomrrtodailon _._-,____-__.._.__. 189_00 ......... 04 25 07^ Va4Sales Tax - Room 15.29 04-26-07 American Express _...__-.__. _-._._- __.-__.._ _.._._..____..-.... .._ ._ ...___._.... -------._._._ .----- XX)=XXXXXX2008 154.291 _ .-----_. _---.--.---.----.____ ._ _. -__---_. _. ___.-__ _.,_, ._ _--._- _# Total 154.29 154.29 Balance 0.00 Guest Signature: I have received the goods and / or services In the amount shown heron. I agree that my liability for this bill is not waived and agree to be held personally liable in the event that the indicated person, company, or association fails to pay for any part or the full amount of these charges. If a credit card charge, f further agree to perform the obligations set forth in the cardholder's agreement with the issuer. FLLCC KI Express 15GO 5lv 17th Street Causeway Ft. Lauderdale, FL 33316 Telephone: (954) 728-2577 Fax; (954) 728-2591 Room No. Arrival Departure Date 04-25-07 ' =25-a Q4-26-0 • � r u, ,,yam" •� AIR Number Group Code Folio/Invoice No Reference # 22659 / 205 Page No. 1 of 1 04-25-07 Cashier No. 3 04-26-07 User ID SUFFLLCC www.ichotelsgroup.com Description _ Charges j Credits *Accorr modat,on - - - 139 QO _ Sales Tax - Rootrl f ._ 15 29 American l xpress XXXXXXXXXXX2008 z 154.29 Total 154;29 154.29 Balance 0.00 Guest Signature- I have received the goods and / or services in the amount shown heron. I agree that my liability for this bill is not waived and agree to be held personally liable in the event that the indicated person, company, or association fails to pay for any part or the full amount of these charges. If a credit card charge, I further agree to perform the obligations set forth in the cardholder's agreement with the issuer. FLLCC HI Express 1500 SE 17th 5treif"Causeway Ft. Lauderdale, FL 33316 Telephone: (954) 728-2577 Fax: (954) 728-2591 Q? ' cc CO C~ C� 7C }' X J co (' I r Cl) E. i lI QQ. cn . X LLl C-) C-3 X O CO CD C,,) I w �x sr--o ,. Q co CL �4] C 7 L�_1 L l J Z H CO L1 CDC wwCZ)O (Z) LU Z CJ 4- - - JJ r- -SU CD w �r a CD CiiuNL- CiZ^�corC)CM a L � �LU H CCkf W � I-- `A CC CD Q LO CD L� .fit LO LU .! � - LtE i- z ry CD ca I-- � UD C~ � z 3 i1 � � '- i _ LU -] 1 X Cl i- i U7 ...J I " -i +1- Ls_i C.J O E.L.i ....E if3 �S i�r SMco co a a a U cc LU [ Y N LU Q y -D Q= C : L11 czl c X U �C z cn LU= t- e �0.�t17 :J 1•- LJ..1 = Z C!] O CC Z ___I U, ¢ a- L//,Z L /,, 7 D/NtU- CLEVELANDER 1020 Ocean Drive Miami Beach, FL 33139 305-531-3485 Server: Jean Table 145/1 Guests: 2 Reprint #: 3 Bud Light (6 @5;150) E Cleve Burger (2.@13.95) Side Salad Sub Total Tax 04/20/2007 10:26 PM 80043 t Y ,r 33.00 27.90 60.90 2.51 Total f-1) 63,41 Gratuity 18,00% `' 0 10.96 Total., 74,37 AMEX #XXXXXXXXXXX2008 Auth:533745 t Tip: = Total: X 10:26 PM Balance Due Live Music 7 nights a Meek "Splash" Sat Pool Party 1-7 NO GRATUITY IS ADDED AT THE BAR. Please tiP your bartender, 74,37 • •W 421352470982 CHICKEN K11CHEN REIN 7315 REU ROAD NIAMI, FL 33143 ,q65 663 0093 Narchant 10: 800000188819 Term ID: 001. Ref R: 022 XXXXXXXXXXXX�3�� IRV fvd: Whe hat; lip: l4ta1 Sale btry Method, klp d 12:Z1 bjl �6: M6 WS 2339 Customer Copy THP1K YOU! Z 16'-� CIU � CAFETERIA 24 HRS 546 Lincoln Rd Mail Miami Beach, Fl 33139 305-672-3663 Date; APr2l'07 07:58PM Card Type: Amex Acct #: XXXXXXXXXXX2008 ExP Date: 06/07 Auth Code: 536913 Check: 4821 Table: 405/1 1 Server; 327 KYLE F VSCA: Auth Driver Subtotal:4 1 ."2 s Additional Tip TOTAL SIGNATURE A Suggested 18% Gratuity Has Been Added To This Check Thank You For Dining With Us! q/Gz,/(-) -7 1052 OCEAN DRIVE MIAMI BEACH, FL 33130 P; (305) 674-9906 Date: Apr22'07 01; 16PM Card Type: AMEX �l 11 - Acct A XXXXXXXXXXX2008 Exp Date, 06/07 A u t h Code 588664 Check, 8570 t; Table: 260/ .. Server ; 1 114 STANFORD,�} SJ MOORE I` Subtotal, At-.42 A 5.15 0ratu.ify has been included, �.�_ _-- ADDITIONAL TIP: ____ I T"ICV.:` ' C115TOMER COPY F ��_l p i t J)[�r I,}7,rv}� �1� 13• r rrDt ry! y ,r "'ft ` T�!i 1} tS �}ll � � F L , Y.61r, qII-z3/) 07/ 1 L 00, ( 4A ion GARDNER'S MARKET South Miami 7301 SW 57 AVE )1-003 4/23/2007 12:34;14 Avis 4 :00175464 Trs#:179517 :t Coke 20oz $1.49,T1 •e: 0,05 1b �9 lb @ $4,49/ 1 lb ip of the Day lb $2.65 T1 rardelli Dark Chocolate $0.49 T1 -e: 0.08 lb :4 lb @ $6.49/ 1 lb ad Oar lb $5,45 T1 Sales $10,06 1 [$10.081 $0,70 AL SALES ------------------------------------ $10,78 TOTAL $10.78 h $20,78 nge $10.00 In count 4 Thank you pilot liouse Restaurant 13 Seagate Blvd Key Largo, FL 33037 305-451-3142 E Merchant #: Date: 04/23/2007 7:41:38 PM Check: 17728 i Table 1#: 71 Name: MOORE/SJ Reference #: 5023889 Approval Code: 593374 Credit Card: AMEX CC#: **-**2008 Amount: 24.51 Tip: Total; Signature: e VZry lu�� F/4-5 4cOona Id's Cornoraf i Qn Thank YO far Bating at McDonald's 11100 OVERSEAS HWY TAVERNIER, FL 33070 THANK YOU ;MCDONALDS STORE 5090 TEL# (305)852-2463 22 Apr, 25'07(Wed)07:55 STTORESEV 5090 Prder #427 To Go I TWO BURRITO MEAL 290 I MEDIUM ORANGE JUICE 1,49. � SUB TOTAL TAKE OUT TAX 4.39 0.33 4.72 CASH TENDERED 10.00 CHANGE 5,28 2) TRANSACTION RECORD Sangria C;afie CARD TYPE:AMEX EFT ENTRY 01PED Customer : SJ MOORE AUTHORIZATION:517324 STORE 9;0001 TERMINAL:1 REFERENCE:159213 i PURCHASE $79.44 t 4 TIP TOTAL L� I 7 THANK YOU APRIL 25,2007 19:59:02 Server's name : christine i! CUSTOMER COPY V 1 . ld 11 10l 111G MA L l N STORES f }FOOD EB601 WERSEAS H Y I SLAMOPADA FL 330$6 P)ELCOME MERC It 0000001509036 0185/989 CAUST TERM I D , 000�9R40 0, 00E 601 �i 17TH :NHrj(S sr - - .. FT ,1_.�iLD FL 04/24/07 07:25P �w Ea36B UI DATE 64 26-/0776 � 07;21 E8P : wew PUMP 4 02 PRODLI SALE F2EF#: 0039 •r ; EI.,UE ! GALLONS; BATCH# 058 AUTH# 06411P 7.44-3 PRICE/G: g 2.989 FUEL SALE $ 22.25 AMOUNT 43.55 'BP GASOLINE XXXXXXXXXXXX5085 APPROOE:D Auth . 021759 Ref: 9E34048 Resp Code: 000 THANK YOU Stan: 006384610 CUSTOMER COPYSf.TE ID: 1851997 THANK YOU; 9 0 11,J 0, C6,TlcCa KIN(3 004 ATION E l(ANSAS CITV Mo 64153 816 243 _587o BATCH 594 12235204 REF., 0037 CD TYPE, VISA IR TYPE,' PURCHASE DATE: APR 26, D? M04,47 TOTAL $96.00 Exp; #j# AP. 033714 6360 NAME: STEPHElf HOUR[ CARDWEER ACKHOIXEDGES RECEIPT OF GOODS AND/OR SERVICES III THE ANOV11T OF THE TOTAL S"ll HEREON PRO AGREES TO PERFORM THE OBLGATIONS SET FORTH By THE CARDNEMER'IS AGREEMENT NIM ME ISSUER THANK. OU CUSIONER COPY 8211 ut t -1I x A all r-saa v cauvlu� k'a,ge t 01 J Thank you for choosing AirTran Airways. We will send you an email message containing your itinerary. To ensure you receive the message, you may wish to add confirmations@airtran.com to your address book. on Booking date: Sun, Apr 29, 2007 Statics: Confirmed Should our flight schedule change, we will notify you by email as early as possible. 11"'flglat Details Departing: Sunday, April 29, 2007 Kansas City, MO (MCI) 4:17 PM Atlanta, GA (ATL) 9:10 PM to Atlanta, GA (ATL) 7:15 PM to Fort Lauderdale, FL (FLL) 10:56 PM Flight 438 Coach Flight 79 Coach Returning: Tuesday, May 01, 2007 Fort Lauderdale, FL (FLL) ._...—.�_-�to Atlanta, GA (ATL) Flight 74 � Coach ---- 5:34 PM 7:26 PM Atlanta, GA (ATL) 8:05 PM to Kansas City, MO (MCI) 9:16 PM Flight 441 Coach Passengers and Seas: zl�yan'>s Passenger A+ Number MCI-ATL ATL-FLL FLL-ATL ATL-MCI STEPHEN MOORE- 2127630224 �.._. — -._ 15C 16C --1I—D--,- 14D —_ fy intact hlfo ravaUon STEPHEN MOORE 5840 McGee Kansas City, MO 64113 United States of America smoore7488@aol-com 8163336993 (Tel) 8167770011 (Fax) Total for 1 passenger Payment via Credit Card Fare price: $334.89 Form of payment: Taxes/fees: $66.71 Payment status: Total price: $401.60 Payment amount: American Express Confirmed $401.60 hilps:/ltickets.airtran-com/PrintItinerary.aspx 4/28/2007 BOARDING PASS airTran. alrtran.com Passenger Name: A 111 W A Y11 MOORE, STEPHEN Date: Apr 29, 2007 F'llght:- 438 Confirmation Nu nber� S7FW9J ZONE A+ Rewards Nbr: 2127630224 � Flights Close 10 MINUTES Before Departure Please Be On Board Before This Time GATE 15 SEAT 1C Depart: Kansas City,MO(MCI) 4:17pm Arrive: Atlanta,GA(ATL) 7:15pm I IiIII III I 111111111111111111111111111 91 BOARDING LASS airTran. airtran.com arn WArs Passenger Name. MOORE, STEPHEN Date: Apr 29, 2007 Flight: 79 Confirmation Ncilrlber�` S7FW9J ZONE At Rewards Nbr: 2127630224 7 Flights Close 14 MINUTES Before Departure Please Be on Board Before This Time GATE C2 SEAT 16C Depart: Atlanta,GA(ATL) 9:10prn Arrive: Ft. Lauderdale,FL(FLL) 10:56pm 11111111 111 81 airTran a PASSENGER RECEIPT A an ca A r a Llirte an.corr€ PASSENGER RECEIPT � airtran,corn a rT A I R YJ A T a Date Flight Depart Arrive Fare Code Apr 29 438 MCI ATL 6 Conf. Number: S7FW9J Apr 29 79 ATL FLL 8Issued pate: Apr 29, 2007 May 1 74 FLL ATL M Total Fare This Ticket: 401.6Q May 1 441 ATL MCI M TOTAL FARE: 360.00 Total Tax: 13.60 September 11th Security Fee: 10.00 Passenger Facility Charges: 18.00 Other: 0,00 TOTAL: 401.60 airTran BOARDING PASS ® Aircwara airtran.com Passenger Name: MOORS STEPHEN Date: May 1, 2007 Flight: 74 Confirmation Number: S7FW9J A+ Rewards Nbr: 2127630224 Flights Close 10 MINUTES Before Departure Please Be on Board Before This Time GATE E2 Depart: Ft. Lauderdale,FL(FLL) 5:34pm Arrive: Aflanta,GA(ATL) I 7:26pm 15 111 airTran BOARDING PASS , A 1 h wr A r a p- Passenger Name: airtran.com Date: MOORE, STEPHEN Flight: May 1, 2007 Confirmation Number, 441 S7FW9J A+ Rewards Nbr: 2127630224 Flights Close 10 MINUTES Before Departure Please Be on Board Before This Time GATE GI Depart: Atlanta,GA(ATL) 8: 05m p Arrive: Kansas City,MO(MCI) 9;16 m P 52 Passenger: MOORE,STEPHEN Conf. Number: S7FW9J t ZONE 7 ZONE 7 HM al Transportation subject to terms of carriage printed inside ticket jacket. Page 1 of 1. BOARDING PASS airtran.com I Passenger Name: / � bate. / I Flight: M - er:rdsrds Nbse 10 MINUTES Belon Board Before TtE E2t. Lauderdaf ,F#lanta, ATL) ,,ivfirT�an, A! Ft W A Y a MOORE, STEPHEN May 1, 2007 74 87FW9J ZONE 2127630224 Departure Time -SEAT 11 FLL) 5:34pm 7:26pm N��N6YI�'IGItlI�NdVV� �_ BOARDING PASS airtran.com airTran. Passenger Name; A I n w A Y a MOORE, STEPHEN Date: May 1, 2007 Flight: 441 Confirmation Number: S7FW9J ZONE At Rewards Nbr: 2127630224 Flights Close 10 MINUTES Before Departure 7 Please Be on Board Before This Time GATE CIO SEAT 1 ® Depart: Atlanta,GA(ATL) 8;05pm Arrive: Kansas City,MO(MCI) 9:16pm 52 FT LAUDERDALE INT'L A/P RENTAL RECORD; 571722152 STEPHEN MOORE COMPLETED BY; 7597 RENTED: FT LAUDERDALE INT'L AIP RENTAL: 04/29/07 23:18 RETURN: 05/01/07 14:08 MILES IN: 11614 OUT: 11298 MILES DRIVEN: 316 PLAN IN/OUT: THUD /TMOD CLS; D 2 DAYS 53,99 107.98 DISCOUNT 50% 53.99 SUBTOTAL 53,99 f CONCESSION FEE RECOVERY 7,89 i LIS $12.44/DAY 24.88 TX 6.000% ON 74,46 4.46 E FLA&VLCR&CFC NET DUE 103,80 PAID BY: AMX CREDIT CARD #; XX)OOOG0090(2008 r+eSd♦dddrrddrr Your Credit Card will expire soon Please call 800-CAR•GOLD to update your profile drrroderddrrdA HOW WAS YOUR EXPERIENCE? WE'D LIKE YOUR FEEDBACK, 1) Call 1-800-278-1595, or Visit WWW,HERTZSVRVEY.COM 2) Enter Access Cods; 01320 3) Take Brief 4 Question Survey i Thank you for renting from Hertz f a e 1 012 Modify/Can .Reservation Vievr A!1 Reservations Make natner Resenlatian View _Account Don't forget your passport[ As of January 2007, anyone traveling by air between the U.S. and Canada, Mexico, Central and South America, the Caribbean and Bermuda, will be required to present a valid passport or equivalent document. Learn nj re - Fortureid i:3ff6f Reservation Questions: [877 270 6405 Your confirmation number is 67745689 Please use your confirmation number to reference your reservation. Guest Name: STEPHEN MOORE Additional Guests: No additional guests. Check -In: Sun 29 Apr 2007 at 04:00 PM Check -Out: Tue 1 May 2007 at 11:00 AM VievvlModi /Cancel Reservation MARATHON -MARINA Helpful Links Holiday Inn Local Mao§ 13201 OVERSEAS HIGHWAY Find_ Attractions MARATHON, FL 33050 Make Another Reservation 1-305-2890222 Driving Directions: LOCATED IN THE HEART OF THE FLORIDA KEYS_ US 1 SOUTH FROM THE END OF FL TURNPIKE OR 1-95 TO MILE MARKER 54. HOTEL ON THE LEFT. FROM KEY WEST, US 1 TO MILE MARKER 54. HOTEL ON THE RIGHT. Rate Type: Great Rates Rate Description: Special Savings! Day of week restrictions may apply, Daily Parking Fee: Complimentary Parking Room Type: 2 DOUBLE BEDS NONSMOKING - 4 PERSON(S) MAX PER ROOM 2 DOUBLE BEDS DECORATED WITH TROPICAL DECOR INCLUDES DESK 2 PHONES TV WITH HBO MINIBAR AT A CHARGE ELECTRONIC SAFE HAIR DRYER COFFEE AND TEA MAKER IRON AND BOARD COMPLIMENTARY WIRELESS INTERNET SERVICE Smoking Preference: N on -Smoking Numberof Nights: 2 Number of 1 Rooms: Person(s): 1 Adult(s), 0 Child(ren) Sun Mon Tue Wed Thu Fri Sat 7i ts9.01 $159.U1 2 Sun 29 Apr 2007 - Mon 30 Apr 2007 Total Tax t Estimated Total Price t: $159.01 USD per night (1 room(s)) $36.58 USD $354.60 USD Saturday, April 28, 2007 America Online: SMoore7488 -L,aeZ01Z Check -in Time: 04:00 PM - Check-out Time: 11:00 AM - Canceling your reservation or failing to show will result in a charge for the first night per room to your credit card.Taxes may apply. Failing to call or show before check-out time after the first night of a reservation will result in cancellation of the remainder of your reservation. - Only the reservation as entered into and confirmed by our system will be honored. Any written or printed confirmation that has been altered may be rejected by the hotel. - As exchange rates may fluctuate from the time a reservation is made until the actual stay, the confirmed rate is guaranteed in the hotel's base currency. t As taxes and service charges may fluctuate from the time a reservation is made until the actual stay and during the actual stay, the Total Price is an estimate, Other hotel -specific service charges may also apply Check with hotel for details. Additional taxes may apply for hotels booked in Tokyo, Japan that exceeds 10,000JPY/person per stay. If you are interested in receiving periodic ernaiIs with promotional offers from InterContinental Hotels Group hotel brands, please visit: htt :lu 1prefctr.ddc.dartmail.netfthWwws nrefctr.asp Have a sate and pleasant tripf Saturday, April 28, 2007 America Online: SMoore7488 Stephen Moore 584€3 Mcgee Kinsas City, MO 64113 AIR Number Group Code Folio/invoice No Reference # 2681 'I Roorn No. 218 Page No. 1 of 1 Arrival 04-29-07 Cashier No, 10 Departure 05-D1-07 User ID SS www.Spottswood.com Date Description Charges Credits 04-29-07 *Accommodation 159.00 04-29-07 SalesTax 11.93 04-29-07 Occ Tax 6.36 04-30-07 Accommodation 159.00 04-30-07 SalesTax 11 93 04-30-07 Occ Tax 6.36 , 05-01-07 American Express XXXXXXXXXXX2008 35/1-58 Thank you for staying at [[resort name]]. Qualifying points for this stay will automatically be Total 354.58 3K 58 credited to your account, To make additional reservations online, update your account - information or view your statement please visit www. priarityclub.com. We look forward to Balance (i.(3U welcoming you back soon Guest Signature- I have received the goods and / or services in the amount shown heron. I agree that my liability for this bill is not waived and agree to be held personally liable in the event that the indicated person, company, or association fails to pay for any part or the full amount of these charges, If a credit card charge, I further agrerx to perform the obligations set forth in the cardholders agreement with the issuer. Holiday Inn Marathon 13201 Overseas Highway Marathon, FL 33050 Telephone: (305) 289-0222 Tax: (305) 743-5460 Toll Free Reservations Number (800) 224-5053 Miller Lice Victory Lane- 'Hartsfield-Jackson International Airport - Concourse C Al:lanta, GA 1032 Tanya G Tbl 41/2 Chk 2497 Gst 1 Apr29'07 07:28PM 1 Chili Dog 4.49 1 Chips 1.25 1 Diet Coke 1.89 Cash 10.00 Subtotal 7.63 Tax 0.53 Payment 8.16 Change Due 1.84 ----- - --1032 Check Closed ------------- ------------ Apr29'07 07:44PM----------___ Thank you for visiting us and please come again. COMMENTS? 1-877-702--4685 ORDER # 2497 u7 -n �Zn nmc Th D IMT, 1 Cl, a —7 T I TO T6t 00 .NK, if Go"Its E a, b a -lb �T Ull'fnns >4 7.7 U'Ri Uj TRAVEL HOSPITALITY SERVICES Ft. Lauderdale International ** Key West T3 ** 1019 MARIE -------------------------------- CHK 1 5 4 4 MAYO1'07 4;14PM -------------------------------- 1 Turkey Sandwich 6,95 Subtotal 6,95 Total Tax 0.42 Total Paid...,.. 7 . 3 7 Cash (PRT) 20,00 Change Owed,,... 12,63 NOW HIRING - ALL POSITIONS CALL 954--359-1500 EX 23114 ENTER TO WIN A PRIZE UP TO $5000 COMPLETE OUR GUEST SURVEY AT WWW.YDURFEEDBACK.TO/DNC ENTER CODE; 710005 EXPIRATION DATE; Jul 31st 2007 NO PURCHASE NEEDED. VOID IN QUEBEC & WHERE PROHIBITED. OPEN TO LEGAL RESIDENTS OF USA&CANADA RULES & V1WW,YOURFEEDBACK.TO/DNC WELCOME 01851989 CAUSWAY AMOCO 601 SE 17TH ST PT.LAUD FL TRAM # 10601051 DATE 5/01./n7 14;01 PUMP.. 06 _ RODU T `81.L'Fl ALLONS. 12 M2 r P`iCE/G" 2,989 `FUEL ,. SALE S. 38.50 BP GASOLINE XXXXXXXXXXV5085 Auth.#; 025661" Ref 61674029 R,esp'Code. 000 Sari 006892528 '-S] TE 1 D ; 1851997 THANK YOU HAVE A NICE DAY KUX PARKINO n4 LOCAT10H E VIANSAS ClTV:MQ 64153 016-243-5070 D-R-A-F-1 72235209 430135235301071 REN 0873 0 TYPE. 0164 IR TYPE: PtRCHASE WE: fMV 01, 07 21:29:29 T 0 TA. L,- $36.00 NAMP; VERN HOORE., o'.Thk0 t 'S ELS RECENT F GOODSE VA CES 1THEAHUylOF THE tQTA HEREON D SlaPERFORC0R6f 16AAGREtMH�UogONTOVISSUER CUSIONER COY MONROE COUNTY BILLING FOR APRIL 1-30 APRIL L 2007 MONROE COUNTY 1.0 CASEMAP OUTLINE APRIL 12007 MONROE COUNTY 3.5 PRETRIAL ISSUES, PRETRIAL CONFERENCE, RESEARCH, CIW WITH COUNTY OFFICIAL, CW/SM AND EM APRIL 3, 2007 MONROE COUNTY 8.5 PREPARE FOR CONFERENCE, CONFERENCE, PREPARE FOR SECOND CONFERENCE, 2ND CONFERENCE, T/C WITH COUNTY OFFICE, CW/SM AND EM MONROE COUNTY 3.0 T/C WITH COUNSEL,, PRETRIAL CONFERENCE ISSUES, DISCOVERY CUTOFF PREPARATION, RESEARCH APRIL 5 2007 MONROE COUNTY 6.0 PRETRIAL ISSUES, TC/MATTSON, CW/SM, DISCOVERY CUTOFF ISSUES, REVIEW DISCOVERY AND ExHmrrS A.PRIL 6 2007 MONROE COUNTY 7.0 TC/MATTSON, REVIEW MOTIONS, CW/SM AND EM, WITNESS LIST APRIL 7, 2007 MONROE COUNTY 5.5 WITNESS DISCLOSURES AND DISCOVERY REVIEW APRIL 8, 2007 MONROE COUNTY .50 DrsCLOSURES MONROE COUNTY 4.50 WITNESS DISCLOSURES, RESEARCH, CASEMAP, CW/SM AND EM ARIL 10 2007 MONROE COUNTY 4.50 DISCOVERY REVIEW, DEPOSITION SETTING, WITNESS DISCLOSURE APRIL 11 2227 MONROE COUNTY .50 MOTION REVIEW, CW/SM APRIL 12, 2007 MONROE COUNTY 7.5 REVIEW MOTIONS, RESPONSE TO EMERGENCY MOTION, CW/SM, CW/ WITNESS, CW/EM, CASE MAP, RESEARCH rae: ARIL, 1332007 MONROE COUNTY 5.5 DISCOVERY, DEPOSITION SETTING, REPORT REVIEW, CASEMAP, CW/EM APRLL 14 2007 N/C MONROE COUNTY 2.50(N/C) READINGS ON TAKINGS AND VALUATIONS APRIL 163 2007 MONROE COUNTY 5.5 DEPOSITION ISSUES, APPRAISALS, CW/SM AND WITNESS, CASEMAP, TIC WTTH TOBIN APRIL_17, 2007 MONROE COUNTY 3.50 DEPOSITION REVIEW, TIC WITH TOBIN, TC/ WITH WITNESS AND SM, RESEARCH, WITNESS CO-ORDINATION APRIL 19 2007 MONROE COUNTY TRAVEL 8.5 PREP FOR DEPOSITIONS 3.5 APRIL 20 2007 MONROE COUNTY 8.0 DEPOSITION OF ROBERT GALLAHER, EXPERT PREPARATION AND GALLAHBR APPRAISAL REVIEW APRU,_21, 2007 MONROE COUNTY CONFERENCE, APPRAISAL REVIEW, PREP rox DEPOSITION APIUL 22 2007 MONROE COUNTY DEPOSITION PREP, CONFERENCE, DISCO RY REVIE APRIL 23, 2007 MONROE COUNTY j;' a DEPOSITION OF MARK QumLIVAN, PREPARE FOR CRAIG DEPO, TRAVEL APRIL 24 2007 MONROE COUNTY DEPOSITION OF CRAIG, DISCOVERYREVIE APRIL 25 2007 MONROE COUNTY J DEPOSITION OF BOE, TRAVEL, CONFERENC APRIL 26 2007 MONROE COUNTY 8.50 TRAVEL 6.0 RESPONSE TO DISCOVERY REQUEST 2.5 Auff 279 2007 MONROE COUNTY 5.50 DEPOSITION REVIEW, DISCOVERY ISSUES, DRAFT RESPONSES TO PLAINTIFFS MOTIONS T/C wITH COUNTY ATTORNEY, CONF WITH SM AND WITNESSES APRIIL 29, 2007 MONROE COUNTY 3.0 RESEARCH AND APPRAISAL REVIEW APRIL 30, 2007 Monroe County 7.0 Conf with State, Conf with Counsel, Conf with Plaintiffs' Motions, Review Deposition Costs: $66.00 Parking (Monroe County) $44.00 04/26 Parking (Monroe County) $22.00 03/29 SALES GRAFT ECONOMY LOT KC ENIX KANSAS CITY, HO 64153 (016) 243-5070 4301352322967767 TIO 35232296776713010002 DATE : 04/26/07 01.16-33 PH TRU AM ; 4�K1«���040690 VI NAME : EOLON/OAVID BATCH 042 MAN 11 ; 7907 AMOV97 : 44 - 00 INK YOU. PLEASE CONE AGAIN, APPROVAL, 711747 KANSAS CITY INTERNATIONAL AIRPORT PARKING Rcpt# 295 03/29/07 21:49 1#58 Al 62 Txn# 492 03/26/07 05:11 in 03/29/07 21:49 OUt Tkt# 355116 CASH PAID $ 22.00- THANK YOU OOESTIONS/COMMENTS 816-243--8019 I )4 I w BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Susan Grimslev/Bob Shillinaer AGENDA ITEM WORDING: Approval of Settlement Agreement in the Bert J. Harris Act claim ofLloydA. Good, Jr. for two parcels of property he owns located on Sugarloaf Key, Florida. ITEM BACKGROUND: Lloyd A. Good, Jr. filed a Bert J. Harris Act claim on November 5, 2003 regarding two parcels of property he owns located on Sugarloaf Key, more specifically described as Tracts A and B, Revised Plat of Sugarloaf Shores, Section F (Plat Book 6, Page 9). As a result of negotiations, a proposed Settlement Agreement has been reached in an effort by both parties to settle the claim without further legal action. This will result in development of Phase 1 of a project already approved by the Planning Commission with six units of affordable housing on one parcel. The settlement will dismiss the claim for both Phase 1 and Phase 2 when Phase 1 permits are received. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. TOTAL COST: - 0 - BUDGETED: Yes No COST TO COUNTY: - 0 - SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 06/11/2007 09:34 3057453389 SUGARLOAF LODGE PAGE 03 AGREEMENT TO DISMISS HARRIS ACT CLAIM This Agreement is made by Lloyd A. Good, Jr. (hereinafter Good) and Monroe County (hereinafter County) on the _date of WITNESSETH: WHEREAS, on November 5, 2003 Good through counsel filed a claim against County pursuant to the Bert J. Harris, Jr. Private Property Protection Act Florida Statutes 720.01 et. seq (hereinafter Harris Act); and WHEREAS, Good's Harris Act claim alleged that County's development regulations imposed an inordinate burden on Good's property described as Tracts A and B revised plat of Sugarloaf Shores Section F recorded in the Public Records of County in Plat Book 6 at pale 9: and WHEREAS, in order to resolve the filed Harris Act claim and alleviate the alleged inordinate burden ofCounty's development regulations as applied to Good's above property, Good and the planning; and legal staff of County after almost one year of ► eeting=s and discussions arrived at a major conditional use plan to be presented to the COLinty's Planning Commission; and WHEREAS, on May 11, 2005 the Planning Commission of County after an extensive public hearing unanimously adopted Resolution No. P24-05 a copy of which is attached hereto made a part hereof and marked Exhibit "A"; and WHEREAS, a copy of the site plan for the three phase development plan approved by the Planning Commission by Exhibit "A" is attached hereto as Exhibit "B" and made a purl hereof: and WHEREAS, from on or about May 11, 2005 to January 2006 Good at great cost prepared complete plans and specifications for the 5,000 square feet of commercial space and the six affordable rdable employee apartments to be erected on Exhibit "B" as part of Phase I; and WHEREAS, a building permit application for the above commercial office building with six employee affordable housing units along with complete plans and specification were filed. and WHEREAS, ROGO allocations and NRGO allocations for said development where finally awarded by March 22, 2006; and WHEREAS, because the express terms of Exhibit "A" required that no building permit for any phase could be issued until all ROGO and NROGO awards were obtained, it became necessary for Good to have prepared complete plans and specifications for the 06/11/2007 09:34 3057453389 SUGARLOAF LODGE PAGE 05 five single family detached market rate houses known as "Commercial Apartments" called for in Phase 1 by Exhibits A & B; and WHEREAS, on ]March 1, 2007 Good filed said plans for five commercial apartments with County's Building Department which preliminarily approved said plans and specifications; and WHEREAS, Good must now obtain the necessary ROGO allocations for all five commercial apartments before any permit can be issued for Phase 1, but without the five bonus points provided for affordable employee housing under Code Section 9.5- 122.3(a)(6) attached hereto and made a part hereof and marked Exhibit "C", it is highly improbable Good will be able to receive sufficient ROGO points to be able to obtain the necessary ROGO allocation for all five market rate houses in the foreseeable future; and WHEREAS, from the beginning of the efforts to resolve the filed Harris Act claim Good and his legal counsel continually informed County planning and legal staffs that unless five ROGO bonus points for each affordable employee housing unit were allocated to each market rate commercial apartment the proposed development of Section P would be economically unfeasible; and WHEREAS, previous staff accepted this interpretation, and WHEREAS, awarding points to an affordable unit does not advance its standing in ROGO calculations, and awarding points to a market rate unit which enables affordable housing to be built advances the public interest and welfare of citizens of Monroe County; and WHEREAS, the five points awarded for an affordable dwelling unit is intended to increase the supply of affordable housing: and WHEREAS, notwithstanding past negotiations and history, County staff has now raised doubts as to whether or not the five bonus points for affordable employee housing are available for the "commercial apartments" in order to advance their standing in the current ROGO system; and WHEREAS, without the receipt of said bonus points Good has advised County's legal staff that no affordable employee housing would be built for this project and the negotiations to resolve the Harris .Act claim would terminate in failure; and WHEREAS, because of the expense incurred by Good and the three and one half years of effort by Good and County staff on this development plat, together with the need for affordable employee housing in ]Monroe County Good and County wish to complete the structures set out on Exhibit B and resolve the Harris Act claim; and WHEREAS, the County is auathorized by F.S. 125.o1b55 to adopt measures which increase the supply of affordable housing; and 06/11/2007 09:34 3057453389 SUGARLOAF LODGE PAGE 04 WHEREAS, the interpretation of Monroe County Code Section 9.5-122 as set forth in this agreement is consistent with F. S. 125,01055 and F.S. 380.0552(7)0); NOW THEREFORE the parties hereto intending to be legally bound do on behalf of themselves, their heirs, successors, and assigns, agree as follows. 1. Good and County stipulate and agree that Code Section 9.5-122.3 (a) 6 shall be interpreted for the purpose of this three phase development only, to require the award of five points for each affordable unit to be erected in each phase of Exhibit B as a bonus toward the "Commercial Apartments" proposed for development in said phase and more particularly: (a) Phase I for Tract B shall receive a total of thirty additional ROGO points to be awarded at five per each of the six employee affordable units for the five commercial apartments currently before the Building Department. (b) Phase It shall receive five ROGO points for each affordable employee unit erected thereon to be awarded equally between the five "commercial apartments" called for in Exhibit B. (c) Phase III shall receive five ROGO points for each affordable employee unit erected therein to be awarded equally between the four "commercial apartments" called for in Exhibit B. 2. Not withstanding the fact that Exhibit "B" calls for ten affordable employee units in each of Phase II and III Good shall have the right to amend Exhibit "A" upon application to and approval by the County's Planning Commission to reduce the number below 10 to a number that shall never be less than six for each subsequent Phase. 3. All fourteen commercial apartments in all phases shall be restricted by Deed to require a continuity of ownership in the five thousand square feet of commercial office space erected in the Phase in which each is located. The percentage of such ownership shall be determined by Good but shall not be less than sixty percent divided equally between the commercial apartment owners in each phase and more than forty percent for Good. The percent for each commercial apartment: (a) Phase I lots one and two fifteen percent each or thirty percent, lots three, four and five ten percent each or thirty percent totaling sixty percent and Good forty percent. (h) Phase 11 lot fourteen sixteen percent, lots thirteen, twelve, eleven and ten eleven percent each for sixty percent and Good forty percent. (c) phase III lots nine, eight, seven and six fifteen percent each for sixty percent and Good forty percent. 4. Good agrees that no certificate of occupancy for any commercial apartment erected in any phase shall be issued until certificates of occupancy have been issued for all employee affordable units built in said phase. 06/11/2007 09:34 3057453389 SUGARLOAF LODGE PAGE 06 5. Good agrees to place in the official records of County prior to the issuance of any certificate of occupancy is issued employee affordable housing deed restrictions in accordance with County code in effect for each said affordable employee unit created in any phase. 6. Good shall at the time all permits are issued for Phase I withdraw, dismiss and otherwise settle the Harris Act claim for the entire property Tracts A. and B revised plat of Sugarloaf Shores Section F recorded in the Public Records of County in Plat Book 6 at page 9, with no liability to County and each party shall bear their own expenses including attorney's fees with regard to said Harris Act claim. This dismissal shall be binding on the heirs, assigns and successors in interest to Good. IN WITNESS WHEREOF the parties hereto have executed this agreement. 6ug"r� &I ':� ['a-0 tor-D, Lloyd A. God, Jr. Date Witness o .,.A 2 Print Name n L c. T- C��_.-,1. +'� Witness Print Name: --„I QN Ic 1Y, r6Fi YtX>-- ATTEST: DANNY KOLHAGE, CLERK Deputy Clerk MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor, Mario DiGennaro MONROE COUNTY ATTORNEY APPROV • S T ORM: SUSAN M. GROSLEY ASSISTANT COUNTY ATTORNEY Date / —/( t1 ? BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/20/2007 - MAR Division: County Attorney Bulk Item: Yes X No _ Staff Contact Person: Susan Crrimslev AGENDA ITEM WORDING: Approval of a Resolution directing staff not to accept or process applications for building permits, development orders and development permits for mobile home parks for six (6) months from the May 16, 2007 Board of County Commissioners meeting date, or until a moratorium or new land development regulations are adopted by the County Commission, whichever comes first. ITEM BACKGROUND: On 5/16/2007 the Board directed staff to enact a moratorium by going through the LDR Amendment Process for the redevelopment of mobile home parks, for a six (6) month period from that date (5/16/2007) or until new land development regulations are adopted by the County Commission, whichever comes first. This will allow review and recommendation of the moratorium and new ordinances by the Planning Commission and the Development Review Commission. PREVIOUS RELEVANT BOCC ACTION: 4/18/2007BOCC discussion regarding draft Mobile Home Protection Ordinance 5/16/2007 BOCC directed staff to enact a moratorium on the redevelopment of mobile home parks for six months retroactive to 5/16/2006 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No xx AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM N Revised 2/05 RESOLUTION NO. -2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RECOGNIZING LEGISLATION IN PROGRESS AND DIRECTING STAFF TO DEFER THE ACCEPTANCE AND PROCESSING OF DEVELOPMENT APPLICATIONS AND THE ISSUANCE OF DEVELOPMENT APPROVALS FOR THE REDEVELOPMENT OF MOBILE HOME PARKS; ENACTING THIS POLICY FOR SIX (6) MONTHS RETROACTIVE TO THE BOARD OF COUNTY COMMISSIONERS MEETING HELD MAY 16, 2007, OR UNTIL AN INTERIM DEVELOPMENT ORDINANCE OR NEW LAND DEVELOPMENT REGULATIONS ARE ADOPTED BY THE COUNTY COMMISSION, WHICHEVER COMES FIRST. WHEREAS, during the past few years several Mobile Horne Parks have been closed for redevelopment with a net loss to Monroe County of affordable and workforce housing; and WHEREAS, the County finds itself facing increasing pressure concerning the possible redevelopment of Mobile Home Parks in the County, and such redevelopment pressure could result in the loss of critical workforce and affordable housing units in the County; and WHEREAS, the County recognizes the need to develop comprehensive plan policies, land development regulations, and programs to preserve the existing stock of affordable housing and increase the availability of affordable housing for those who live in, and are employed in, Monroe County, and WHEREAS, by Resolution of the Monroe County Board of County Commissioners (`BOCC") dated May 18, 2005, a Workforce Housing Task Force ("Task Force") was created and members from the community and officials from the County governments were appointed to the Task Force; and WHEREAS, the Task Force has conducted a number of meetings and received substantial input from the citizens of Monroe County regarding the workforce housing issues in Monroe County; and WHEREAS, the loss of affordable housing provided by the County's Mobile Home Parks has a detrimental impact on the existing inventory of affordable housing and its availability for those who work and live in the County; and WHEREAS, the Task Force, after thorough and due deliberation, adopted on February 1, 2007 a Resolution of the Monroe County Workforce Housing Task Force Concerning Amending Section 9.5- 120.3 of the Monroe County Land Development Regulations that specifically addresses the preservation of Mobile Home Parks for workforce housing; and WHEREAS, the Task Force Resolution is in the process of being considered by the County staff and Planning Commission, and ultimately will have to be approved by the BOCC and the Florida Department of Community Affairs; and WHEREAS, the approval process for the Task Force's Resolution will of necessity consume a substantial amount of time; and WHEREAS, ut}lization of a moratorium as a temporary measure to facilitate governmental decision -making, study, and the adoption of comprehensive plan amendments and/or land development regulations, is a legitimate governmental tool to facilitate logical and considered growth and as a means of avoiding inefficient and ill-conceived development; and WHEREAS, staff has been working on an ordinance which would provide incentive for redevelopment which retains the stock of affordable housing in mobile home parks; and WHEREAS, members of the public have made suggestions for changes to the land development regulations to preserve mobile home parks; and WHEREAS, Monroe County finds it necessary to establish a temporary moratorium on acceptance of development applications that seek development approvals for the redevelopment of Mobile Home Parks so that Monroe County can undertake its community master planning of the Lower Keys, continue implementing regulations of the Key Largo CommuniKeys Plan and Stock Island Plan, and to work towards an ordinance which would provide greater guarantees of retaining the existing affordable housing in mobile home parks that it is believed the current "inclusionary" ordinance provides; and WHEREAS, the current pace of residential development in Monroe County is governed by the Rate of Growth Ordinance (ROGO) and it may take several years for residents displaced by redeveloped mobile home parks from being able to move their mobile homes to a new location in Monroe County; and WHEREAS, Florida Statutes authorize that residents evicted when a park is redeveloped may be given only six (6) months to relocate; and WHEREAS, Monroe County is designated an Area of Critical State Concern (FS 380.052) with the legislative intent to establish a land use management system that conserves and promotes the community character of the Florida Keys and to provide for affordable housing in close proximity to places of employment in the Florida Keys; and WHEREAS, the Principles for Guiding Development in the Florida Keys Area of Critical State Concern articulate the importance to make available adequate affordable housing for all sectors of the population of the Florida Keys and to protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource; and WHEREAS, staff, in cooperation with the Planning Commission has been diligently pursuing various text amendments; and WHEREAS, the initial text amendment was presented to the Planning Commission in August to encourage the preservation of existing affordable housing by authorizing the placement of an affordable housing deed restriction on an existing dwelling unit and/or mobile home lot within a mobile home park in return for receiving a market rate allocation; and WHEREAS, a text amendment draft referred to as "the Mobile Home Protection Ordinance" was presented to the Board of County Commissioners on April 18, 2007; and WHEREAS, approval of the draft Mobile Home Protection Ordinance is still needed by the Planning Commission and the Development Review Committee which may take several months; and WHEREAS, on May 16, 2007, the Board of County Commissioners directed staff to enact and implement a moratorium on redevelopment or conversion of mobile home parks for a six (6) month period, or until new land development regulations are adopted, whichever comes first and to allow for the required review and recommendation of the Planning Commission and Development Review Committee; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. In addition to Ordinance No. 17-2006 requiring inclusionary housing, legislation is currently in progress to address the loss of affordable housing by the redevelopment of mobile home parks. Retroactive to May 16, 2007, the Monroe County Growth Management Division shall take no applications and shall defer action on any applications for building permits, development orders, and development permits, as those terms are defined in Chapter 163, Florida Statutes (Collectively 'Development Orders") within the unincorporated county concerning the matter of redevelopment, modification or conversion of existing mobile home parks to any other use. Section 2. If any sentence, clause, item, change or provision of this section, subsection, or resolution is held invalid, the remainder shall not be affected by such invalidity. Section 3. All resolution or parts of resolution in conflict with this resolution are hereby repealed to the extent of said conflict. Section 4. This Resolution shall stand repealed as of 11:59 p.m. on the last day of the sixth month period which is November 15, 2007, unless repealed sooner by the adoption of an ordinance further specifying interim development regulations, or upon enactment of ordinances by the Board of County Commissioners and approval by the Florida Department of Community Affairs of land development regulations and comprehensive plan amendments concerning the redevelopment of mobile home parks. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at regular meeting of said Board on the day of , 2007. Mayor Mario DiGennaro Mayor Pro Tom Dixie Spehar Commissioner McCoy Commissioner Neugent Commissioner Murphy (SEAL) Attest: DANNY L. KOLHAGE, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lo Mayor Mario DiGennaro MONROE COUNTY ATTORNEY APPROVED AS TO FORM: SUSAN M. G LEY ASSISTANT COUNT ATTORNEY Date- - G -- 7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Bulk Item: Yes XX No Division: County Attorney Staff Contact Person: Pedro J. Mercado AGENDA ITEM WORDING: Approval of Declaration of Restrictions and Covenant in the Code Enforcement case of Monroe County. Florida v. Tracy Baker, Case No. CE03080337. ITEM BACKGROUND: An inspector went to the respondent's property located on Bay Point to inspect progress related to a permit for a boat lift. While on site, the inspector found remodeling work in progress which appeared to involve a garage being turned into living space. A subsequent check revealed a permit had not been obtained for the remodeling work being done which involved converting an approximately 750 sq. ft. hurricane -damaged residential apartment into a storage area. Notice of violation was issued to the owner on 11/5/2003 citing violations of Monroe County Code Sec. 6-25 for two employees without certificate of competency and Sec. 9.5-111(a) for work performed without the required permit. The owner was found in violation on 6/14/2005 and the owner subsequently filed an appeal. A Declaration of Restrictions and Covenant has been agreed upon by both parties which will attach to and run with the land providing for the remaining residence to be demolished in its entirety within two years from the date of approval of this Declaration by Monroe County, which will bring the subject property into full compliance. Upon coming into compliance, the Declaration shall terminate. If the property is not brought into compliance within the two year time limit, Code Enforcement may re -initiate the present Code Enforcement case will all penalties. Staff recommends approval of the Declaration. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes — No xx AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2105 DECLARATION' OF RESTRICTIONS AND COVENANT Whereas, Dr. Tracy M. Baker, Grantor herein, is the fee simple owner of real property located in Monroe County, Florida, more particularly described as; Lot 8, Block 7, Baypoint Subdivision, according to the amended plat thereof as a recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida Whereas, the residential structure on the property is a pre -FIRM, ground level residence, which, at the time of purchase, contained a 750 square feet (more or less) apartment on the northerly side of the residence, and Whereas, Dr. Baker demolished the residential apartment and converted it into a storage area with flood compliant building materials, and Whereas, while the conversion of a below flood residential apartment into a storage area is in compliance with FEMA and the' Monroe County Land Development Regulations, the work was performed without benefit of a building permit, in violation of the Monroe County Land Development Regulations, and Whereas, Monroe County Code Enforcement initiated proceedings against Dr. Baker for work without permit (Case No. CE 03080337) and, on 14' of June 2005 was found in violation, and Whereas Dr. Baker timely filed an appeal of the Code Enforcement case and began negotiations with Monroe County for the resolution of this issue, and Whereas, the parties have agreed on the terms of a settlement to resolve the Code Enforcement case and bring the entire property, including the remaining residence into eventual compliance. -1- Now therefore In consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, Dr. Baker hereby makes the following Declaration of Restrictions and Covenant as to limitations, restrictions, and uses, to which the property which he owns in Baypoint Subdivision may be put, and hereby specifies such Declaration shall constitute a covenant to run with the land, as provided by law, and shall be binding on all persons and all parties claiming under them, and for the benefit of all future owners in such property, this Declaration of Restrictions being designed for the purposes of protecting the properly from hurricane damage, keeping the property in compliance with all relevant codes, regulations, and ordinances, and protecting this property, and the surrounding property as is more fully set forth herein. 1. The 750 square feet (more or less) apartment on the northerly side of the residence shall be, and shall remain, a storage area as defined in section 9.5-316.2 (f) of the Monroe County Land Development Regulations and shall not be equipped or used for habitation purposes. 2. That within two years the date of the acceptance of this Declaration of Restrictions and Covenant by Monroe County, Dr. Baker, his assigns or successors in interest, or the then owners of the property, shall cause the property to come into compliance with all Monroe County Code provisions, in existence or as amended, specifically including but not limited to flood plain and FEMA requirements. It is agreed between the parties that demolishing the residence in its entirety would bring the property into compliance. 3. That upon the acceptance of this Declaration of Restrictions and Covenant by Monroe County, and its recording in the Public Records of Monroe County, Monroe County -2- agrees to abate, without prejudice, the pending Code Enforcement case and waive, withdraw, or release the subject property from any liens, fines, assessments or penalties arising therefrom, pending compliance as set forth herein. 4. Upon the property coming into compliance, these restrictions, conditions, and covenants herein shall terminate and end and be of no further force and effect, and the County shall provide Dr. Baker, his assigns or successors in interest, or the then owners of the property with an Affidavit of Compliance recorded in the Public Records. 5. If the property is not brought into compliance within the time set forth herein Monroe County Code Enforcement may re -initiate the present Code Enforcement case, with all penalties available at law or equity. Dr. Baker, his assigns, or successors in interest, or the then owners of the property hereby waive any defense of Statute of Limitations, Laches, or similar defenses that might arise from this Agreement. 6. That it is the intent of this Declaration of Restrictions and Covenant to bring the subject property into full compliance with FEMA regulations and the Monroe County Land Development Regulations, and that if the time frames established herein prove impractical or impossible to fulfill, that Dr. Baker, or the then owner of the property can, upon good cause shown, request a reasonable extension of the time frame set forth herein by petition to the County Attorney of Monroe County, Florida. It is expressly understood and agreed, that these Declaration of Restrictions and Covenant contained herein shall attach to and run with the land, and it shall be lawful for Grantor, his heirs and assigns, but also for Monroe County, through its Code Enforcement Department or other agencies to -3- institute suit or administrative proceedings and prosecute such proceedings at law or in equity against the person or persons same. IN WITNESS WHEREOF, � I have set my hand this c Signature of Witness T nted name of Witness Ad[-YV 0 1 LILA 'Signature of Witness rinted name of Witness STATE OF FLORIDA COUNTY OF McNROE A i a, i - per,¢ or threatening to violate the of ��, 2006 Baker I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared before me ,Tracy M. Baker. who is personally known to me or who has produced as identification and who (did) (did not) take an oath, known to be the person described in and who executed the foregoing, and -Se -acknowledged before me that he executed the same for the purposes set out therein. / WITNESS my hand and official seal in the County and State last aforesaid this�J �t day of 2006. NOTARY PUBLIC, tate of FL RIDA Printed Notary Signature .9, F SHAKEER --!ON p DD56.S,t6.S i ?OiF�d` laa- c...?O10 H��)3it8.0168 _ ..z.rom A!ge SHAKEERN M DD564.W)r 19.2010T_IkT er.�a.� 2� pa ySwric�.eom - 4 - CONTINUATION OF SIGNATURE PAGE: DECLARATION OF RESTRICTIONS AND COVENANT Monroe County. Florida v Tracy Baker., Case No. CE03080337 Lot 8, Block 7, Baypoint Subdivision, according to the amended plat thereof as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida (SEAL) ATTEST: BOARD OF COUNTY COMMISSIONERS DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor Mario Di Gennaro MONROE COUNTY ATTORNEY APPROVED AS TO FORM: SUSAN AA, GRSLEY ASSISTANT COUNTY ATTORNEY Date l - A- G '7 - 5 - Meeting Date: June 20, 2007 Bulk Item: Yes xx No Division: Com1y Attorne Staff Contact Person: Natileene W. Cassel Telephone 292-3470 AGENDA ITEM WORDING: Approval of First Amendment to Agreement for legal services dated July 19, 2006 between Monroe County and Gray Robinson, P.A. This Amendment consolidates three matters under one contract, adds timekeepers and authorizes the hiring of an expert. The approval of this First Amendment supersedes and rescinds a First Amendment approved on January 19, 2007, which was not signed timely by the parties. ITEM BACKGROUND: This First Amendment serves to consolidate three matters under one contract; authorizes the use of an expert to assist in the determination and calculation of the potential damages for delay requested by The Tower Group, Inc. related to the construction of the Freeman Justice Center and possible litigation; and adds additional timekeepers to the Agreement. The calculation of damages if applicable is a very complicated computation requiring a person with expertise in this specialized area. This calculation is central to any defense of alleged damages as claimed by The Tower Group, Inc. and is essential to any pre -litigation settlement conferences. PREVIOUS RELEVANT BOCC ACTION: The law firm of Gray Robinson has advised the County on employee benefit issues for at least the past 10 years. In July 19, 2006, the County also retained the firm to represent it in the matter of Neumont v. Monroe County before the Florida Supreme Court. On January 19, 2007 the Board approved a First Amendment to Agreement which was approved by the Board but the signed document was not received in a timely manner and was therefore not signed by the Mayor or filed by the Clerk; that document will be rescinded and superseded by this First Amendment. CONTRACT/AGREEMENT CHANGES: This First Amendment serves to consolidate three matters under one contract; authorizes the use of an expert to assist in the determination and possible calculation of the damages for delay requested by The Tower Group, Inc. related to the construction of the Freeman Justice Center and possible litigation, and adds additional timekeepers to the Agreement. STAFF RECOMMENDATIONS: Approval. TOTAL COST: Undetermined because hourly fee BUDGETED: Yes x No COST" TO COUNTY: $40,000 to $80,000 for expert SOURCE OFF S: ad valorem REVENUE PRODUCING: Yes No x AMOUNT PER MONTH n/a YEAR n/a PROVED BY: County Atty xx OMB/Purchasing Risk Management DOCUMENTATION: Included xx Not Required DISPOSITION: AGENDA JUN-13-2007 02:31PM FROM -GRAY ROBINSON PA 863-683-7462 T-746 P.003/005 F-070 FIRST AMENDMENT To AGREEMENT DATED DULY 197 2006 RETWEE N MONROE COUNTY AND GRAY ROBINSON, P.A. On this _ day of , 2007, A,D., the Hoard of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and Gray Robinson, P.A. ("Attorney"), hereby entered into this First Amendment to their agreement dated July 19, 2006, NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the July 19, 2006 agreement as follows; 1. Paragraph 4, SCOPE OF WORK shall be amended to read as follows; ATTORNEY shall provide legal services and advice to COUNTY in the following matters: a) ELIZABETH J. NEUMONT, et,al. vs. STATL OF FLORIDA, et.,al.- including appellate work and relevant drafting of briefs, research, and/or litigation as assigned to ATTORNEY by COUNTY through the COUNTY ATTORNEY. b) Freeman Justice Center -- All legal matters, issues, including but not limited to litigation which arise from the construction of the Freeman Justice Center (hereinafter "Freeman Justice Center"). G) Employee Benefits -- Legal advice to the County's Employee Services Division regarding employee benefits (hereinafter "Employee Benefits"). ATTORNEY may be assigned new matters by the COUNTY ATTORNEY, and only the COUNTY ATTORNEY from time to time during the term of this Agreement, those matters shall be included under this Agreement when assigned by the COUNTY in writing and accepted in writing by ATTORNEY'' and the Clerk of Court is notified in writing of the addition of the matter. The new matter shall be given a new name and the matter shall be billed under that name. 2. Paragraphs 4,1 and 4.2 remain unchanged as set out in the original agreement. 3. Paragraph 6.3, Hourly Rates and Changes to hourly rates is replaced in its entirety as follows: Hourly rates for ATTORNEY and additional Timekeepers for each matter will be set at: a) Neumont v. Monroe County - Name Hourly Rate Ed Scales $225.00 Monterrery Campbell $225.00 JUN-13-2007 02:31PM FROM -GRAY ROBINSON PA 863-683-7462 T-746 P.004/005 F-070 Jason Unger $225.00 R. Dean Cannon $225,00 Mark Miller $225.00 Pete Antonocci $225.00 Frank Fleicher $225.00 b) Freeman Justice Center. Name ty-L Rate Mark Miller $275,00 Ed Scales $275.00 Jeffrey Keiner $275.00 Donald Gibson $275.00 Associates Christine Donoghue $220.00 Trevor Arnold $210.00 Chri s Carmody $220.00 Kristie Hatcher -Bolin $190.00 Joseph Ort $175.00 Amanda Simmons $175.00 S. Braxton Wiggs $175.00 Paralegals 1Cari Reed $85.00 Karen Cassata $90.00 Karen Pollard $75.00 Christie Hughey $50.00 e) Employee Benefits: Name Hourlv Rate Kelley Bosecker $300,00 John Finnigan $275.00 Michael Bittman $290.00 Lowell Walters $ I 85.00 ATTORNEY will charge no more than the hourly rate quoted above throughout the duration of the specific matter referenced, unless otherwise agreed to in writing and approved by the COUNTY in the same manner as in this First Amendment to original agreement. The rates stated above are retroactive to August 1, 2006, 4. The remainder of paragraph 6 remains unchanged as set out in the original agreement. JUN-13-2007 02r31PM FROM -GRAY ROBINSON PA 863-688-7462 T-746 P 005/005 F-070 5. Paragraph 7.3.1.6, Travel Time, is amended by inserting the following sentence at the end of that paragraph as it appears in the original agreement: Notwithstanding the preceding language in this paragraph, the ATTORNEY shall not be entitled bill for travel time for time spent traveling between the Attorney's local area and Monroe County, 6. Paragraph 7.3.2.2. Experts, consultants support services outsourced services. etc., is amended by inserting the following sentence at the end of that paragraph as it appears in the original agreement: The hiring of the firm of Trauner Consulting Services, Tnc. to serve as an expert in the Freeman Justice Center matter is hereby authorized by the County Attorney and the Board of County Commissioners. 7. The remainder of paragraph 7 remains unchanged as set out in the original agreement. 8. All other paragraphs not amended herein shall remain in fell force and effect. 9. THIS FIRST AMENDMENT to the Agreement dated July 19, 2006, shall become effective when executed by both the ATTORNEY and executed by the Board of County Commissioners of Monroe County, Florida. Attest: Danny L. Kolhage, Clerk Board of County Commissioners By: of Monroe County, Florida Deputy Clerk By: Mario Di Gennaro, Mayor Date: Witness Signature t Print Name Date: For the Attorney, Gray Robinson, P.A. By:... Print Name 'itle Date: MONROE COUNTY ATTORNt p P; IOVED AS TO NATILEENE VW. C A S S E L W ASSISTANT OU TY ATTOW` 7 Date ...�..�.- --- %in, MEM01,111 LWEN10 Meeting Date: 1/17/07 Division: (;guMAttomey Bulk Item: Yes xx No Staff Contact Person/Phone 0: Bob Shillingg 3470 AGENDA ITEM WORDING: Approval of First Amendment to Agreement for legal services dated July 19, 2006 between Monroe County and Gray Robinson, P.A. ITEM BACKGROUND: The law firm of Gray Robinson has advised the County on employee benefit issues for at least the past 10 years. The County also retained the firm on July 19, 2006, to represent it in the matter ofNeumont v. Monroe County before the Florida Supreme Court. In order to consolidate those matters under one agreement and to assign an additional matter to that firm, staff drafted the First Amendment to the agreement of July 19, 2006. In addition to formalizing the relationship with respect to the employee benefits matters, the amendment would authorize Gray Robinson to represent the County's interests with respect to any legal issues that might arise as a result of the construction of the Freeman Justice Center. Ira Libanoff, the County's regular construction counsel, has a conflict of interest on that matter that prevents his representation. PREVIOUS RELEVANT B®CC ACTION: approved contract retaining Gray Robinson, P.A, on July 19, 2006. CON CTIAG NTCHANGES: Adds additional matters to the agreement and additional time keepers for those matters. Clarifies the July 19, 2006 agreement provision on travel time so that travel time will not be billed for time spent traveling from the attorney's home office to and from Monroe County. STAFF C® A ONS: Approval. TOTAL COST: t a COST TO COUNTY. tba —9 BUDGETED: Yes x No REVENUEY; APPROVED BY. County Atty xx OMB/Purchasing — Risk Management Included xx Not Rewired. 10 Zuni I i I i Color AGENDA ITEM Revised ties {,d ',V� Aprwecl On this day of , 2007, A.D_, the Board of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and Gray Robinson, F.A. "Attorney" ), hereby entered into this First Amendment to their agreement dated July 19, 2006. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the July 19, 2006 agreement as follows: Part A. Pursuant to the provisions set forth in paragraph 4 of the original agreement, entitled, SCOPE OF W®RK, the following additional matters are assigned to the Attorney to work on. 1) Freeman Justice Center -- All legal matters, issues, including but not limited to litigation which arise from the construction of the Freeman Justice Center (hereinafter "Freeman Justice Center"). 2) Employee Benefits -- Legal advice to the County's Employee Services ]Division regarding employee benefits (hereinafter "Employee Benefits"). Part B. In order to effectuate the amendments set forth above in fart A, paragraph 6.3 of the original agreement, entitled Hourly Rates and Chan es to hourlyrates is replaced in its entirety as follows: Hourly rates for ATTORNEY and additional Timekeepers will be set at. - Approved Time ]Keepers Matter: Neumont v. Monroe County Dame Hourly Rate Ed Scales $225.00 onterrery Campbell $225.00 Jason Unger $225,00 R. Dean Cannon $225.00 Marls Miller $225.00 Pete Antonocci $225.00 Frank Fleisher $225.00 Matter. Freeman Justice Center Dame Hourly Rate Marls Miller $275.00 Ed Scales $275.00 Jeffrey Kelner $275.00 Donald Gibson $275.00 Associates Christine Donoghue $220.00 Trevor Arnold $210.00 Chris Carmody $220.00 Kristie Matcher -Bolin $190.00 Joseph ®rt $175.00 Amanda Simmons $175.00 Paralegais Kati heed $85.00 Karen Cassata $90.00 Karen Pollard $75.00 Christie Hughey $50.00 Matter: Employee Benefits Kelley Bosecker $300.00 John Finnigan $275.00 Michael Dittman $290.00 Lowell Walters $185.00 ATTORNEY will charge no more than the hourly rate quoted above throughout the duration of the specific matter referenced, unless otherwise agreed to in writing and approved by the COUNTY in the same manner as in this First Amendment to original agreement. Part C. Paragraph 7.3.1.6 of the original agreement, entitled Travel Tim is amended by inserting the fallowing sentence at the end of that paragraph as it appears in the original agreement: Notwithstanding the preceding language in this paragraph, the ATTORNEY shall not be entitled bill for travel time for time spent traveling between the Attorney's local area and Monroe County. THIS FIRST AMENDMENT to the agreement dated July 19, 2006, shall become effective when executed by both the ATTORNEY and executed by the Board of County Commissioners of Monroe County, Florida. Attest: Danny L. Rolhage, Clerk Deputy Clerk Witness: Print Name Board of County Commissioners Of Monroe County, Florida By: Mario lei Gennaro, Mayor Date: For the Attorney, Gray Robinson, P.A. By: Print Naive & Title Date THIS AGREEMENT, made and entered into this %ay of , 2006, A.D., by and between the BOARD OF COUNTY CODaIISSIONERS OF O OUNTY, FLORIDA, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("COUNTY") and, GRAY/ROBINSON, P.A ("ATTORNEY") hereby enter into this Agreement regarding the retention of ATTORNEY by COUNTY to provide legal advice and services. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: 1. THE CLIENT The CIient is the COUNTY, and to the extent ethically permissible, its elected and appointed officers and its employees, unless COUNTY advises ATTORNEY otherwise. 2. THE ATTORNEY ATTORNEY is the individual or professional association named above and whose legally authorized signature appears at the bottom of this Agreement. ATTORNEY is licensed to practice law in all jurisdictions relevant to this matter. ATTORNEY has been retained specifically because ATTORNEY is understood by COUNTY to be able to handle this matter. If ATTORNEY practices with others who may also provide services to COUNTY, he or she understands that COUNTY expects that ATTORNEY will be responsible for managing the representation, assuring compliance of others with the terms of this Agreement and ethical requirements, preparing and substantiating all bills, and communicating with COUNTY. ATTORNEY may not delegate or outsource this work without full written disclosure to, and prior written approval from, the COUNTY, 3. TERM OF_AOREEMENT This Agreement and representation by ATTORNEY is effective upon execution by ATTORNEY and acceptance and approval by COUNTY in accordance with COUNTY'S policies, ordinances, or governing statutes. The representation shall continue until terminated by either the COUNTY, or by the ATTORNEY in accordance with ethical requirements and/or the terms of this Agreement. 4, SCOPE OF THE WORK ATTORNEY shall provide legal services and advice to COUNTY regarding appellate work in the case of ELIZABETH J. NEUMONT, et.al. vs. STATE OF FLORIDA, et.,al. and relevant drafting of briefs, research, and/or litigation as assigned to ATTORNEY by COUNTY through the COUNTY ATTORNEY. ATTORNEY may be assigned new matters by the COUTNY ATTORNEY, and only the COUNTY ATTORNEY from time to time during the term of this Agreement, those matters shall be included under this Agreement when assigned by the COUNTY in writing and accepted in writing by ATTORNEY and the Clerk of Court is notified in writing of the addition of the matter. The new matter shall be given a new name and the matter shall be billed under that name, 4.1 Professional ability to perform work appointment of contract manage ATTORNEY warrants that he or she is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. ATTORNEY shall designate an individual attorney to be the contract manager for each matter and the contract manager shall at all tines exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. ATTORNEY warrants that he or she and the authorized time keepers are authorized by law and the Rules and Regulations of The Florida Bar to engage in the performance of the activities encompassed by this Agreement. If ATTORNEY is a member of a law firm, either as partner, shareholder, associate, or other relationship, ATTORNEY warrants that he or she is authorized to enter into this Agreement by the law firm. 4.2 Management of time keepers ATTORNEY is responsible for managing the matter cost-effectively and competently, e.g., by insuring that additional time -keepers are competent, properly supervised, efficient, and in compliance with the terms of this Agreement as well as with ethical obligations. 5. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS OF INTEREST BEFORE R TTIATINGr REPRESENTATION ATTORNEY has conducted a thorough investigation and determined that neither ATTORNEY nor his or her firm has any ethical impediment, real or potential, including but not limited to conflicts of interest, to representing COUNTY. To the extent that any ethical impediment, real or potential, is discovered or ever arises, ATTORNEY shall immediately inform COUNTY in writing of the impediment (regardless of whether ATTORNEY believes he or she has taken all steps necessary to avoid the impediment and regardless of whether ATTORNEY believes that the impediment is insubstantial or questionable), make full disclosure of the situation to COUNTY, obtain COUNTY'S express, written consent to continue the representation of the other client, and take all steps requested by COUNTY to avoid or mitigate the impediment. ATTORNEY understands that, if a direct or indirect conflict of interest arises which, in the opinion of the COUNTY, cannot be avoided or mitigated under the Rules of Professional Conduct of The Florida Bar, COUNTY may, in its discretion, (a) obtain reimbursement from ATTORNEY for all fees and expenses paid to ATTORNEY in this matter; (b) obtain cancellation of all amounts allegedly owed by COUNTY to ATTORNEY; and (c) obtain reimbursement for consequential expenses incurred by COUNTY, including the cost of replacement counsel. 6. PAYMENTS TO ATTORNEY ATTORNEY shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk on a schedule as set forth in the contract. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 6.1 ATTORNEY Fee (Hourlyl ATTORNEY will be paid for his or her services based on the number of hours expended on behalf of COUNTY (rounded to the nearest tenth hour for each time entry), not to include time billable to or compensated by other clients, multiplied by the ATTORNEY' S hourly rate. The following minimum billing documentation and time -keeper requirements are a condition precedent to payment by the COUNTY. 6.2. Non -billable time ATTORNEY will bill COUNTY only for time reasonably and necessarily incurred to render professional services on COUNTY'S behalf in accordance with this Agreement. Time attributable to billing questions is not billable. Time expended by time -keepers who have not been approved by COUNTY is also not billable. 6.3. Hourly Rates. and Changes to hourly rates Hourly rates for ATTORNEY and additional Timekeepers will be set at: Approved Thne Keepers: Name: Hourly Rate: Ed Scales, Esq. $225.00 Monterrey Campbell, Esq. $225.00 Jason Unger $225.00 R. Dean Cannon $225.00 Mark Miller $225.00 Pete Antonocci $225.00 Frank Fleisher $225.00 ATTORNEY will charge no more than the hourly rate quoted above throughout the duration of the matter, unless otherwise agreed in writing and approved by COUNTY in the same manner as Agreement. 6.4. Discounts to other Clients The rates ATTORNEY will charge COUNTY represent the lowest rates charged by the same time -keepers to other clients. in the event that lower rates or discounts are provided to other clients, ATTORNEY and approved time -keepers will also provide them on the same basis to COUNTY. 6.5. Time keepers As used in this Agreement, the term "time keeper" shall include ATTORNEY and other ATTORNEYS and individuals identified in paragraph 6.3 of this Agreement who will be providing services under this Agreement and who will bill the COUNTY for their services in accordance with this Agreement. 6.51. Duplication of effort Unless advance COUNTY approval is obtained, ATTORNEY will not have more than one time- keeper bill for court appearances, attendance at depositions and meetings, including meetings with COUNTY representatives, and internal conferences. In the event that more than one person attends, only the time of the person with the lowest rate will be billable. ATTORNEY is not permitted to use this matter to provide on the job training for a time -keeper, and bill for that time - keeper's services, without COUNTY'S advance approval. 6.5.2. Time -keeper changes Time -keepers approved by the COUNTY are listed in paragraph 6.3 of this Agreement, and may be amended from time to time, upon mutual agreement of the COUNTY and the ATTORNEY, to evidence the then -current circumstances. Additional time -keepers may not be added to the matter without advance written approval from COUNTY. In the event that additional time keepers providing services which are to be billed to COUNTY are to be added to the staff', then their hourly rates shall be provided to COUNTY in advance, and, upon written approval by the COUNTY, their rates and billing practices shall comply with d.requirements of this Agreement, COUNTY expects to receive discounts or other concessions so that any increases or changes in time -keepers will not result in unnecessary or unreasonable charges to COUNTY, e.g., for training, internal conferences, and management. 6.6. Existin work roduct To the extent the ATTORNEY makes use of existing work product, e.g., in the form of research previously performed for another client, then ATTORNEY shall bill only that time expended in using that work product for COUNTY, In other words, no premium, markup, or other adjustment shall be made to COUNTY bill for time spent on work already performed. 7. BILLING OF FEES AND EXPENSES ATTORNEY shall comply with the following requirements as to billing fees and expenses as a condition precedent to COIUNTY'S obligation to pay each bill: 7.1. Monthly bills Unless otherwise agreed.in a writing signed by the COUNTY, bills shall be issued monthly by ATTORNEY within fifteen (15) days after the close of each month. ATTORNEY understands that COUNTY requires prompt bills in part to facilitate effective management of the representation and fees. 7.2. Bill format ATTORNEY shall provide detailed, itemized bills which shall, at a minimum: 7.2.1 Description Provide a general description of the matter, to include the name of the COUNTY department or constitutional officer, if not indicated in the title of the matter, for which legal services are being performed (e.g, Richard Roe v. Monroe County —EEO Claim); a description of the work performed in enough detail so that each itern is distinguishable from other listed items and sufficient to allow COUNTY to determine the necessity for and reasonableness of the time expended, the services performed, the project or task each service relates to, the subject and purpose of each service, and the names of others who were present or communicated with in the course of performing the service. For example, simply the word "research" is not acceptable, more detail about the type of research and what was determined by the research is necessary. 7.2.2 Personnel Clearly identify each timekeeper performing services in conjunction with each entry, Clearly identify all persons who are not full-time lawyers employed by the ATTORNEYS firm (including paralegals, employees of ATTORNEY with their titles, subcontractors, independent contractors, temporary employees, and outsourcing providers). Personnel who are not listed as additional timekeepers will not be paid unless approved in writing the requirements of this Agreement. T2,3 Time Records Record the time expended by each time -keeper separately. In those situations where the minimum billing increment exceeds the actual time spent on a task and several of these "minor" tasks are performed, it is expected that the services will be aggregated until the total actual time spent meets the minimum billing increment. 7.2.4 Totals and By Task State the amount of time expended by each time -keeper broken down for each task. 7.2.5 Summary of Rates In a summary at the beginning or end of the bill, provide the current hourly rate for each time- keeper, the total time billed by each time -keeper in that bill, the product of the total time and hourly rate for each time -keeper, the total fees charged, and are reconciliation between the amount charged and any applicable estimated or budgeted amount, by task. In addition, each monthly statement should show the aggregate billing for that matter from the commencement of the matter through the currently -billed month. 7.3. Expenses COUNTY will pay the actual, reasonable cost of the following expense items if incurred in accordance with the guidelines below and promptly itemized in ATTORNEY'S monthly bill: 7.3.1 Reimbursable expenses Actual cost for necessary long distance telephone calls, telecopying at S.25 per outgoing page, overnight or expedited delivery, couriers, photocopying at $.15 per page, postage, court fees, and other expenses approved in advance by COUNTY or as listed below: 7.3.1.1. Expedited or emergency services ATTORNEY is expected to avoid using expedited or emergency services, such as express delivery services, couriers, telecopying, overtime, and so on, unless necessary because of unexpected developments or extremely short deadlines. COUNTY may refuse to pay for any such expenses when incurred routinely or because of ATTORNEY'S failure to manage the matter efficiently. 7.3.1.2. Computerized research ATTORNEY is expected to use computerized research services cost-effectively to reduce time spent on research, for example, while closely -monitoring computerized research to insure that the charges are reasonable and necessary. ATTORNEY is expected to pass through to COUNTY any discounts or other arrangements that reduce the cost of computerized services. 7.3.13_ Photocopyigg ATTORNEY is encouraged to use outside copying services to reduce the cost of large -volume copying, provided that these expenses are efficient, cost-effective, and incurred and billed in accordance with this Agreement. ATTORNEY is responsible for insuring that all copying complies with copyright obligations. 7.3.1.4. Transcripts Transcripts should not be ordered without prior approval from COUNTY. Transcripts should not be ordered on an expedited basis unless necessary and approved in advance by COUNTY. ATTORNEY should obtain digital electronic/computerized copies of transcripts when available at a reasonable cost to avoid charging for time spent digesting or indexing transcripts, and to allow COUNTY to maintain a digital electronic/computerized database of all transcripts. 7.3.1.5 Travel Expenses Travel expenses within the ATTORNEY'S local or metropolitan area will not be reimbursed and time in transit is not billable. Local and Metropolitan area is defined as being within fifty (50) miles of the ATTORNEY'S usual office space an does not include travel to or from the residence to the office.Travel expenses outside the metropolitan area may only be reimbursed if the travel was approved in advance by COUNTY. Reimbursable travel expenses, if approved in advance, are the cost of transportation by the least expensive practicable means (e.g., coach class air travel), the cost of reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab or rental car, whichever seems reasonable, at the lowest available rate). 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 by ATTORNEY with all applicable receipts attached thereto. 7.3.1.6 Travel Time Time spent in transit outside the ATTORNEY'S local area may be billed only if ATTORNEY or time -keeper is unable to avoid traveling by using other forms of communication or it is determined by COUNTY and ATTORNEY that travel is in the best interest of COUNTY with prior approval of COUNTY. Travel by more than one time -keeper at the same time to the same destination in not allowed without prior written approval by COUNTY. Approved travel time during time -keeper's normal business hours will be billed at the hourly rate listed for the time- keeper in paragraph 6.3 of this Agreement. Approved travel time outside of time -keeper's normal business hours will be billed at one-half the hourly rate listed for the timekeeper in paragraph 6.3 of this Agreement. 7.3.2. Non -reimbursable expenses The following expenses will in no event be reimbursable without prior written approval by County Attorney and approval by the Board of County Commissioners. 7.3.2.1. Personal and Office Costs Meals for time -keepers not related to travel, overtime, word processing or computer charges, personal expenses, expenses that benefited other clients, expenses for books, costs of temporary employees, periodicals or other library materials, internal filing or other document handling charges, clerical expenses, stationery and other supply expenses, utilities, and any other expense that is either unreasonable or unnecessary. (The fact that ATTORNEY charges other clients or that other firms charge their clients for an expense does not make it reasonable or necessary under this Agreement.) 7.3.2.2_ Experts, consultants, support services, outsourced services, etc. ATTORNEY is not authorized to retain experts, additional counsel, consultants, support services, or the like, or to out source or delegate work outside ATTORNEY'S law firm, without prior written approval by County Attorney and approval by the Board of County Commissioners. If agreed to ATTORNEY will be responsible for selecting and managing the services of others so that their services and expenses will be rendered in accordance with the terms of this Agreement, including terms applicable to ATTORNEY. ATTORNEY will manage others to obtain cost effective services for COUNTY. Unless otherwise agreed in writing, ATTORNEY shall obtain a written retainer agreement, in a form which may be specified by COUNTY, from each service provider, with bills from each provider being sent to both ATTORNEY and COUNTY. 7.3,2.3 Temporary Staffing ATTORNEY will not bill COUNTY for the time and expenses of temporary employees, including so-called "Temps" or contract ATTORNEYS or other staff from outside companies, nor "outsource" or delegate work, nor charge for summer associates, law clerks, or student clerks, (collectively "temporary star' even if not temporarily employed) without full advance disclosure of the employee's temporary or short-term status to COUNTY, including disclosure of the actual amount paid or to be paid to the individual. Unless COUNTY expressly agrees in writing to paying additional amounts after full disclosure by ATTORNEY, ATTORNEY may not charge COUNTY more than the actual cost paid by ATTORNEY. 7.3.2.4_ Expenses not passed through at actual cost COUNTY will not pay any markup for expenses. COUNTY will only reimburse the ATTORNEY for their actual approved out-of-pocket costs and expenses, whether incurred personally by an approved time -keeper or incurred by other approved personnel (such as experts, consultants, support services personnel, or outsoureed services personnel). 6 7.3.2.5.Overhead not charged to County COUNTY will not pay for any "expense" items that are in fact part of ATTORNEY'S overhead which should be included within ATTORNEY'S fee, the determination of which expenses fall into this category are strictly within the discretion of the COUNTY. 7.3.3. Advance gpai:oval of menses In addition to the items noted above, ATTORNEY shall obtain advance approval front COUNTY before incurring any expense in excess of $1,000.00 if ATTORNEY expects to be reimbursed for that expense. COUNTY may refuse to pay any expense for which advance approval was not obtained by ATTORNEY. 7.3.4. Copies of receipts for expenses ATTORNEY shall include copies of receipts for all expenses with the itemized monthly bill. COUNTY may refuse to pay any expense item for which documentation is not provided by ATTORNEY. 7.3.5. Expenses (and fees) after termination Upon termination of the representation, ATTORNEY shall promptly bill COUNTY for any remaining reimbursable expenses and fees. COUNTY may refuse to pay any fees or expenses not billed within 45 days of termination of the representation. ATTORNEY is also expected to cooperate promptly with all aspects of termination and, if applicable, transition to other counsel. Payment for fees and expenses is contingent upon prompt, full cooperation. 7.4. Bill and expense documentation ATTORNEY must maintain support documentation for services and bills until at least one year after the termination of the representation. This documentation shall be made available by ATTORNEY to COUNTY (or COUNTY'S designated representative, including an accountant, the County Cleric or County Clerk's representative, or legal bill auditor) upon COI. N TY'S written request. ATTORNEY agrees to cooperate with any examination of this documentation and ATTORNEY'S fees and expenses, e.g., by responding promptly and completely to any questions COUNTY or its designated representative may have. ATTORNEY shall notify COUNTY in writing at least 60 days in advance of destroying any such records and, in the event that COUNTY requests that they be preserved, shall preserve them at least one additional year or, at the option of the COUNTY, delivered to the COUNTY for storage by the COUNTY, with COUNTY responsible for paying the actual cost of storage. This documentation shall include, for example, original time records, expense receipts, and documentation supporting the amount charged by ATTORNEY for expense items generated by ATTORNEY or his or her firm. COUNTY reserves the right not to pay any fee or expense item for which sufficient documentation or expense item for which sufficient documentation is not available to determine whether the item was necessary and reasonable. S. PAYMENT TERMS ATTORNEY'S request for payments and reimbursements may be made in either the ATTORNEY'S name or the name of the ATTORNEY'S law firm, as appropriate. ATTORNEY bills complying with this Agreement are due and payable according to the Prompt Payment Act. If the bill materially fails to comply with the requirements of this Agreement, then it is not due and payable until its deficiencies are remedied by ATTORNEY. 9. MATTER MANAGEMENT COUNTY will expect that all communications between ATTORNEY, and additional time keepers, and COUNTY will be reviewed by ATTORNEY and that ATTORNEY will serve as the point of contact for this matter, including billing questions. 9.1. Case monitoring COUNTY will be advised promptly by ATTORNEY of all significant facts and developments in the matter so that COUNTY may manage the matter effectively and make informed decisions about strategy, tactics, settlement, scheduling, costs, and other related matters. COUNTY will promptly receive from ATTORNEY copies of all orders, opinions, pleadings, briefs, memoranda (internal and external), correspondence, and any other document material to the subject matter of this Agreement, such that the COUNTY will have a current, up-to-date, "mirror" copy of the COUNTY'S file maintained by ATTORNEY. For discovery materials or exhibits that are lengthy, ATTORNEY should discuss them with COUNTY before providing a copy. Documents available in digital electronic/computerized form should be provided in that form in lieu of paper copies if requested by COUNTY. Additionally, ATTORNEY may be requiredto submit, on a monthly basis, a case status and progress report to be submitted to the Board of COUNTY Commissioners. The format of the report shall be in the form required by the COUNTY ATTORNEY, 9.2. Case control ATTORNEY shall discuss all significant issues of strategy and tactics, including motions, discovery, pleadings, briefs, trial preparation, experts, and settlement, with COUNTY before implementation. ATTORNEY is expected to exercise independent professional judgment. 9.3. ATTORNEY cooperation ATTORNEY will cooperate with COUNTY or COUNTY'S representatives to promptly provide all information COUNTY requests or needs about the subject matter of this Agreement and ATTORNEY'S bills and handling of the matter. 9.4. COUNTY cooperation ATTORNEY should consult with COUNTY about all opportunities for COUNTY to save money or make use of COUNTY'S expertise to assist in, e.g., responding to discovery, preparing for trial, locating experts, and the like. COUNTY may also have personnel and facilities available to reduce the expenses related to the subject matter of this Agreement. 10, CONFIDENTIALITY AND PUBLIC RELATIONS ATTORNEY is not authorized to waive or release any privilege or other protection of information — confidential, secret, or otherwise — obtained from or on behalf of COUNTY. ATTORNEY is to keep all confidential, privileged, or secret information confidential. This requirement is perpetual, i.e., it will continue even after the termination of the relationship and this Agreement. 10.1 Prohibition against use of information This requirement is also intended to prohibit ATTORNEY from using information obtained from or on behalf of COUNTY, including work product prepared at COUNTY'S expense, for other client's of ATTORNEY or his or her firth, without COUNTY'S advance written approval, 10.2 No use of Cog= for marketing ores ATTORNEY is not authorized to identify COUNTY as a COUNTY, e.g., for purposes of marketing or advertising, without COUNTY'S prior approval. 11. OWNERSHIP OF ATTORNEY FILES AND WORK PRODUCT ATTORNEY understands that all files and work product prepared by ATTORNEY or his or her firm at the expense of COUNTY (or for which COUNTY is otherwise billed) is the property of COUNTY. Without COUNTY'S prior written approval, this work product may not be used by ATTORNEY or his or her firm nor disclosed by ATTORNEY or his or her firm, to others, except in the normal course of ATTORNEY'S representation of COUNTY in this matter. ATTORNEY agrees that COUNTY owns all rights, including copyrights, to materials prepared by COUNTY or by ATTORNEY on behalf of COUNTY. ATTORNEY shall notify COUNTY in writing at least 60 days in advance of destroying any such records and, in the event that COUNTY requests that they be preserved, shall preserve them at least one additional year (with COUNTY responsible for paying the actual cost of storage). ATTORNEY shall provide COUNTY with prompt access to (including the ability to make copies of) all ATTORNEY files and work product, regardless of whether the representation or matter is ongoing and whether ATTORNEY fees and expenses have been paid in full. 12. DISPUTE RESOLUTION ATTORNEY and COUNTY agree that if a dispute arises between them that neither shall be required to enter into any arbitration proceedings related to this Agreement 12.1. Disputes regarding Attorney fees or expenses ATTORNEY and COUNTY agree that all disputes regarding ATTORNEY'S fees or expenses are to be resolved pursuant to the procedures and practices for mediation by the Attorney Consumer Assistance Program of the Florida Bar. 12.2. Ui„spgtes regarding interpretation COUNTY and ATTORKEY agree that all disputes and disagreements between them regarding interpretation of the Agreement shall be attempted to be resolved by a meet and confer session between representative . of COUNTY and ATTORNEY. If the issue or issues are still not resolved to the satisfaction of both within thirty (30) days after the meet and confer session, then either shall have the right to terminate the Agreement upon ten (10) business days notice in writing to the other party. 12.3 Legal ; r Administrative procedures In the event any administrative or legal proceeding is instituted against either the COUNTY or ATTORNEY relating -A) the formation, execution, performance, or breach of this Agreement, the COUNTY and AT iORNEY each agree to participate, to the extent required by the other, in all proceedings, hearth ,s, processes, meetings, and other activities related to the substance of this Agreement; institution of any administrative or legal proceeding shall constitute immediate termination of this Agr;:c:ment. ATTORNEY agrees to forward copies of all documents in his or her possession related to the matter which is the subject of this Agreement to COUNTY at the time of filing any admini,,,, or legal proceeding. 12.4 A VI LY'S Fees and Costs In the event any adieu ,,rativc proceeding or cause of action is initiated or defended by the COUNTY or ATTORv :Y relative to the enforcement or interpretation of this Agreement, the prevailing party shall is entitled to an award of reasonable ATTORNEY'S fees, court costs, investigative, and out -o l - 'socket expenses, as an award against the non -prevailing party, and shall include reasonable AT ..t NEY'S fees, court costs, investigative, and out-of-pocket expenses in appellate proceeding,:! diation proceedings initiated and conducted pursuant to this Agreement or as may be require(:' t v a court of competent jurisdiction shall be conducted in accordance with the Florida Rules of Civil Procedure and the usual and customary procedures required by the circuit court of Monroe County and shall take place in Monroe County. 13. 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 COUNT 1" County Administrator and 500 Whitehead Street Key West, FL. 0-11 FOR ATTC)l I- Edwin A. Scales, Esq. 201 Front Str<�et Key West, FL 040 305-292-8950 County Attorney PO Box 1026 Key West, FL, 33040 14. GOVERNING -- 4W AND VENUE This Agreement shall hv= 'Poverned by and construed in accordance with the laws of the State of Florida applicable to cui,ii acts made and to be performed entirely in the State. Venue for any legal action which ni�iy ,rise out of or under this agreement shall be in Monroe County, Florida. 15. ENTIRE A 61' ' : N I ENT The entire agreement ijetween the COUNTY and ATTORNEY with respect to the subject matter hereof is contained in t `.: ' ., --reement. This Agreement supersedes all prior oral and written proposals and com€tic:.: ions I)etxveen the COUNTY and ATTORNEY related to this Agreement. No pro% f this Agreement shall be deemed waived, amended or modified by either party unless su�,I , .iver, amendment or modification is in writing and signed by the party against whom the waiv,,,., amendment or modification is claimed. This Agreement shall be binding upon and inLl:::n the benefit of the parties hereto, their permitted successors and assigns. 16. FLORIDA (_r . : ; NINIENT-IN-THE-SUNSHINE LAW ATTORNEY agrees specifically exempted or excepted by Florida law, the provisions of Chapter 120, Floc, -i utt:L�, �cnerally require full and public discussion of matters to be voted upon by the B, - C'okinly Co€ llrissioners. ATTORNEY agrees to consult with the County Attorneys t, 3 „ ,t!rning the application of the Sunshine Law from time to time concerning specific it aii,tunces that may arise during the term of this Agreement. 17. FLORIDA I" ATTORNEY agree, Regulations of The I . public access to all ATTORNEY agree,_, the Public Records during the term of tiii 18. NO ASSIG . ATTORNEY shall ; ,(,, writing and with th= p (: k I?CORDS LAW s;,ccifieally exempted or excepted by Florida law or Rules and pro v:sions of Chapter 119, Florida Statutes, generally require which may be made or received under this Agreement. s the Cuunty Attomey's office concerning the application of <,e t) time concerning specific circumstances that may arise u. onto t: t its obligations under this agreement, except in . a• ; f, i of the Board of County Commissioners of Monroe 10 County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 19. TERMINATION Either of the parties hereto may terminate this contract without cause by giving the other party fifteen (15) business days written notice of its intention to do so. 19.1 Documents forwarded to COUNTY ATTORNEY agrees to forward to 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 the ATTORNEYS representation of COUNTY• or obtained due to AT>C'ORNEY'S representation of COUNTY. 19.2 Restriction on Communications ATTORNEY agrees not to communicate with the public, including the press, about COUNTY or about this matter. 20, SEVERABILITY If a term, covenant, k ondition 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 provi lions 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 ATTORNEY 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 pro %--. ion. 21. CAPTIQ ,`S The captions set forth herein are for convenience of reference only and shall not define, modify, or limit any of the terms hereof. 22. LEGAL 011LIGATIONS AND RESPONSIBILITIES,• NON -DELEGATION OF CONSTI"1'(- TONAL OR STATUTORY DUTIES This Agreement is c.ot intended to relieve, nor shall it be construed as relieving, either the COUNTY or ATI'ORNEY from any obligation or responsibility imposed upon each by law except to the ext: of actual and timely performance thereof by the other, in which case the performance muy be offered in satisfaction of the obligation or responsibility. Further this Agreement is nvf it ikended to authorize, nor shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the COUNT`'', except to the extent permitted by the Florida Constit Laic state statutes, case law, and, specifically, the provisions of Chapter 125, Florida Statutes. 23. RECOI3T): ATTORNEY sha. , iaintain all books, records, and documents directly pertinent to performance under this Age _:. it Ott, including the documents referred to in this Agreement, in accordance with generally ;counting principles, consistently applied. Upon ten (10) business days written notice t c, tir.a other, representatives of either the COUNTY or ATTORNEY shall have 11 access, at all reasonable times, to all the other party's books, records, correspondence, instructions, receipts, vouchers and memoranda (excluding computer software) pertaining to work under this Agreement for the purpose of conducting a complete independent fiscal audit. ATTORNEY shall retain all records required to be kept under this Agreement for a minimum of five years, and for at Ieast four years after the termination of this agreement. ATTORNEY shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the COUNTY, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of ATTORNEY to maintain appropriate records to insure a proper accounting of all collections and remittances. ATTORNEY shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. 24. PUBLIC ACCESS The COUNTY and ATTORNEY shall allow and permit reasonable access to and inspection of, all documents, papers, letters, or other materials subject to the Florida Public Records Law, as provided in Chapter 119, Florida Statutes, and made or received by the them, unless specifically exempted by State Statute, Rules and Regulations of The Florida Bar, or case law. COUNTY shall have the right to cancel this agreement upon violation of this provision by ATTORNEY. 25. MONROE COUNTY CODE ETHICS PROVISION ATTORNEY warrants that he or she has not employed, retained or otherwise had act on his behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10- 1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No, 10 1990. For breach or violation of this provision the COUNTY may, at its discretion, terminate this Agreement without liability and may also, at its discretion, deduct from the sums owed under the Agreement, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present COUNTY officer or employee. COUNTY employees and officers are required to comply with the standards of conduct 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, and misuse of public position, conflicting employment or contractual relationship, and disclosure of certain information. 26. PUBLIC ENTITY CRIME STATEMENT Florida law provides that 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 an agreement to provide any goods or services to a public entity, may not submit a bid on a agreement 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, sub contractor, or consultant under a agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 297.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. ATTORNEY warrants the neither ATTORNEY nor any authorized time keeper has been named to the convicted vendor list. 27. ANTI -KICKBACK ATTORNEY warrants that no person has been employed or retained to solicit or secure this Agreement upon any contract or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the COUNTY has any interest, financially or otherwise, in this Agreement, except as expressly stated herein. For breach or violation of this 12 warranty, the COUNTY shall have the right to annul this agreement without liability or, in its discretion, to deduct any sums to be paid by COUNTY under this Agreement, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 28. MODIFICATIONS AND AMENDMENTS 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 ATTORNEY in the same manner as this Agreement. 29. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, ATTORNEY is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find ATTORNEY or any of the authorized time keepers, to be the employees of the Board of COUNTY Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 30. COMPLIANCE WITH LAW In carrying out ATTORNEY'S obligations under this agreement, ATTORNEY shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this Agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to ATTORNpY_ 31. LICENSING ATTORNEY warrants that ATTORNEY and additional timekeepers do presently have, shall have prior to commencement of work under this Agreement, and at all times during said work, all required licenses and permits whether federal, state, County or City. 32. NON-DISCRIMINATION ATTORNEY shall not discriminate, in its employment practices and in providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall abide by all federal and state laws regarding non-discrimination. Upon a determination by a court of competent jurisdiction that such discrimination has occurred, this Agreement automatically terminates without any further action by the COUNTY, effective the date of the court order. ATTORNEY is aware of the provisions of Section 13-101 through 13-106, Monroe County Code, relating to non- discrimination, and agrees to abide by the Code's nondiscrimination requirements. 33. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and ATTORNEY agree that neither the COUNTY nor ATTORNEY or any officer, agent, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated under this Agreement, 34, ATTESTATIONS 13 ATTORNEY agrees to execute such documents as the COUNTY may reasonable require, including a Drug -Free Workplace Statement, and a Public Entity Crime Statement. 35. COUNTI'' AUTI•IORI'TY 'Phis Agreement has been duly noticed at a legally held public meeting conducted in Monroe County, Florida. COUNTY'S performance and obligation to pay under this contract, is contingent upon annual appropriation by the Board of County Commissioners. 36. HOLD HARMLESS AND INSURANCE Prior to execution of this agreement, ATTORNEY shall furnish COUNTY Certificates of Insurance indicating the minimum professional liability coverage for ATTORNEY and additional time -keepers in the amount of one million dollars. ATTORNEY agrees to keep the same amount of coverage or more at all times and to provide proof of said coverage to COUNTY at COUNTY' S request at any time during the term of the Agreement. 37. • NO PERSONAL LIABILITY No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation of any member, officer, agent or employee of the Board of County Commissioners of Monroe County in his or her individual capacity and no member, officer, agent or employee of the Board of County Commissioners of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement, 38. EXECUTI N IN CQILNTERPARTS TWs 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 ATTORNEY may execute this Agreement by signing any such counterpart. THIS AGREEMENT will become effective when executed by both the ATTORNEY q , ted by the Board of County Commissioners of Monroe County, Florida. _ < Board of unty Commissi rs� OfMo unty�z uCer��� Dater Witness to ATTORNEY: Signature Print Name Address: DATE: and r- ATTORNEY; i e Byrd F.Marshall, Jr., President,, Print Name rnrn r-;z By: r— Ch"tS y, •t Date: =� •. DATE: MONROE COUNTY ATTORNEY A PROVED AS TO RM: NATIL.EE E W. CASSEL 14 ASSISTANT j=hNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: JUDICIAL/ COURT ADMINSTRATION Bulk Item: Yes No Staff Contact Person: Natiieene W. Cassel Telephone ##292-3470 AGENDA ITEM WORDING: Thomas W. Ruff and Company, has delivered the first shipment of furnishing for the Freeman Justice Center. The company has requested that the County approve the Addendum to the initial contract entered into on October 18, 2006. This Addendum is requested because additional handling expenses have been incurred because the Justice Center has not been completed. ITEM BACKGROUND: Furniture for the Freeman Justice Building is being paid for by the Court. Furniture is being delivered in two shipments. The first shipment has been delivered and is being stored in the building but could not be unboxed and assembled until the building is closer to completion. The additional handling shall cost $8,110.00; said money shall come from the Courthouse Facilities Fund and not the County General Fund_ The court administrator requests the BOCC approve the Addendum. PREVIOUS RELEVANT BOCC ACTION: Monroe County contracted with Thomas W. Ruff and Company on October 18, 2006 to provide furnishings for the Freeman Justice Center_ The funding for the furnishings is being provided by the Courthouse Facilities Fund and not from the County General Fund. CONTRACT/AGREEMENT CHANGES Approval of Addendum containing addition of terms which provide for acceptance of delivery responsibility and for payment of additional funds for handling of furniture storage. Approval TOTAL, COST: $8110.00 BUDGETED: YES COST TO COUNTY: $9 10.00 SOURCE OF FUNDS: Courthouse Facilities Fund REVENUE PRODUCING: YES NO X AMOUNT PER MONTH Year PROVED BY: County Atty OMB/Purchasing Risk Management. DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA Itemffi MONROE COUNTY BOARD OF COUNTY COMNESSIONERS CONTRACT SUMMARY Contract with: Thomas W. Ruff and Co. Contract# Effective Date: Expiration Date: 10/18/2006 Contract Purpose/Description: Approval of Addendum containing additional terms providing for acceptance of, delivery and responsibility of and payment for the double -handling of furniture delivered to the Freeman Justice Center tsrior to romoletion date. Contract Manager: Mary Vanden x3640 Court Administration Brook (Name) (Ext.) (Departxneat(Stop #} for BOCC meeting on 6/20/2007 Aaenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ 8110.00 Current Year Portion: $ 8110.00 Budgeted? Yes[K No ❑ Account Codes: 81501-530520- - Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $0fyr For: of included in dollar value above) e , maintenanaez, utilities, "azaitorial, eta. CONTRACT REVIEW Changes Date Out to Ira Needed R e er Division Director YeSQ Nog, Risk Management s ( 1 Yes[] N& 1 O.M.BdPurchasing Yes❑ No[] County Attorney 4- YesQ No('' � I Comments: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Thomas W. Ruff and Co. Contract # Effective Date: 10/18/2006 Contract Purpose/Description: Expiration Date:` Approval Of Addendum containing additional terms providing for acceptance of, delivery and responsibility of and payment for the double -handling of furniture delivered to the Freeman Justice Center Priot to completion date. Contract Manager: Mary Vanden x3640 Court Administration Brook (Na1e) {Ex� (Department/Stop #) for BOCC meeting on 6/20/2007 -Agenda Deadline: CONTRACT COSTS Total. Dollar Value of Contract: $ 8110.00 Current Year Portion: $ 8110.00 Budgeted? Yes[R No ❑ Account Codes: $l �O 11-53 620- Grant: $ County Match $$ ry EstimatedADDITIONAL COSTS Ongoing Costs: $Ulyr For: {Not included in dollar vnhie ahem-1 CONTRACT REVIEW Changes Date': Out to In Needed a er Division Director Yes[] No®—p Risk Management Yes[] Mon O.M.B.Murchasing (O12 D:�Yes[] No � Q County Attorney Yes[] Noe - Comments: CustomerName- Mora-Plopt Ak Project Name: gm,,+jCewreF4. v Shipments Addendum for Delayed S ,,.. ® In the event that construction delays, or'other issues outside the control of Seller, postpone installation, Seller, if requested by Customer, will store the merchandise for a fee for Customer until installation can be resumed. Double handling charges will also be incurred. ® Invoices for merchandise will be sent to the Customer and paid as if it had been delivered. Title of merchandise will be passed to the customer upon invoicing of the product. m Transfer, extra handling, and storage charges incurred due to such delay shall be paid by the Customer. ® Extra labor charges for loading, unloading, and installation expedition caused by the delay will be based upon the Seller's normal hourly rate schedule and paid by Customer. ® Seller will open all boxes that have visual damage and inspect the product for freight damage. ® The customer understands that freight damages are required to be presented to the freight carriers within a required number of days of receipt of product depending on the manufacturer. If the Customer does not report the freight damage to the carrier within the required time period, then the Customer will be responsible for all concealed freight damage that occurs within the order. Agreed by: Customer Name Signature Date Seller Thomas W. Ruff South Florida MAQ Ill El nj flu AG 1 + T TQ P RCH. S +" 1T�i ffi£I � �'R��l� 'STICK• C��.'�USI� This AgreemoTe is }Trade and cnterod into ihis t fi, r between the EO OF COUNTY CO SSIONERS OF day o= � 2006, MOB OE COUNTY, FLORIDA (`SCOUT TY'}), whose adds ss is 1100 Sirdont®n Stre0t, K(Dy Wesi, Florida 33040, and T OM" . RUFF & COWANY, whose address is 7830 Byron a-ive, west F'alz€r Eeach, Florida 33404 C-). WfIEREA-8, COUNTY desires to purchase fwilishings mare ky the Steelcase and The Gunlocke Company LLC for the new Fi eoman 3€ cc Center: ,Iucl AREAS, is the authorized dealer for the Steelcase and The Gunlocke Coinpany LLC hrnishiugs; and W AS, is a provider of those furnishings under contraat with the State of Florida, known as State Contact #425-001-06-1; and WMERAS, tl€e funding for the fmmishiugs shall come out ofthe existing CourthouseFacilities Fund; and WBE EAS, it serves a legitimate public purpose to furnishing the Freeman Justice Center for the visitors and personnel who will use the enter for years to corns, now therefore, IN CONSEDE A"ON of the mutual provides and cavenalits contained herein, it is agreed as follows: I TFiE AGI-Bi T The Agreement consists of'this documerrt, and its exiri'bits including the terms of the products Price list 4156 under State Contract i#425-001-06-1. 2. KO OF 1k3 E STORK CONTRACTOR will provide new furnishings to COUNTy in assembled, raradaru aged and in working order and acceptable to COUNTY after inspection. CONTRACTOR. shall ed vide atide installation and assembly of fitnitishings at the Freeman justice Center, description of furnishings is attached hereto and made a part hereof as Exhibit A (quote #104217) and Exhibit E (quote 104227). This Agreement specifically supersedes the Additional Terms and Conditions of Sales Propoml and Conditional Sales Agreement which may be attached to any quotations, 3. PAYMENTS TO CONMCTOR A. COUNT"Y''S performance and obligation to pay under this ageernei is contingent upon annual appropriatiou by the .Board of COUNT Comrnissioaiei•s. & COUNTY shall pay in accordance with the Florida Local Govemment Prompt Payirrent .Act; payment will be made after delivery and inspection by COUNTY' and u siibmission of invoice b� CONTRACTOR. pon C. This A.greemcrit falls under the ` t ig Pure,hasing )Policy. gyr bacl " provisions oflior°oe C0U1q € D. CONTRACTOR shall submit to COUNTY all invoice with 511ppofdag documentation acceptable to the Clerk. Invoiced amounts shall comply witb tine Mounts gtrc�te C. d in product price list #156 ofthe State Ciiittr'act attached hereto and made a part hereof as Exhibit -I.- -;1 1.1111, i (1-02-2006 3 A) Total Compensation to Wider this Aga=nk ea Shall nog: 0"xzeA SE�flkl ITONDRE'r, Exlaerases for travel, lodg-lag, Per diella and other awhadad OG;.pm�os' she l be Paid Puls1lalit to FlOPI& Striate 112.061 and 1011170e County Ordinance,- and Shall not exceed sa H-IOUSAND DOLLARS ($6,000.00). 'glee parties recognize that this provision Wfli control any "'Consistent travel Provision which is set Out in the aMched claotations. 4. IMR—M OF A 11REEI�MN This Agmement shall Commence on the date Of execution by all parties, and ends upon COMP106011 of satisfactory delivery, OssenlblY and acceptance of thogoods and services, unless terminated earlier under paragraph IS of this Agreement, 5. ACCEPTANCE OF ZCONDITIONS BY C�ONTRAC�TORCON Ma,an shall iin=intaiZbrauglut=heterm of this Agement, appropriate licenses; and shall at all times r0nlaitl an approved vendor under State Contract PA425-001-o&l. Proof Of Such licenses and approvals shall be submitted to the COUNTY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR J[ I& tnin all books, CONTRACTOR and documents directly pertinent to Co:��(�7�76RS =;a =1ai`l`= performance under this Agreement in accordance 'With generally accepted amounting principle, Consistently applied. Each Party to this Agreement or their authorized representative I have Oreement f reasonable and timely access to such records of each other party to This A, S shall h e orp b, 'mPlOyed by the COUNTY or Clerk determines that monies of this Agreement, If an auditor e years o in termination or-fourYe Sf llow gthe ation records purposes during the term of the Agreement and f U le paid to CONTRACTOR pursuant to this Agreement were nie spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with pursuant to Sec. 55-03, FS, iftterest Calculated running from the date the monies were paid to CONTRACTOR. 7. LC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and insp--cfion of, all documents, papers, letters of other materials in its Possession or under its control subject to the Provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation Of this provision by CONTRACTOR. 8- HOLD MARBMSS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any oth.— losses, S (including attomays fees) damagges, and expenses .1 S S, which arise out of, in Conn lio with, or by reason of services provided by CONTRACTOR occasioned by the ncgligenc W H wrongffil act Of Omission Of CONTRACTOR, its employees, of agents. e, errors, of other The extent of liability is in no way limited to, reduced, Or lessened by the misurance requirement's contained elsewhere within this 89°cement, Failure of CONTRACTOR to comply with the requirements Of this section shall be cause for imintdiate, termination of this agrezillarlL Prior to eXeoution of this agreemeat, CONTRACTOR shall furnish the COLWTY CertifIcatev, of Inslumce indicating Vic minhum cover age limitations in the following amounts: WORK EIRS CONPENSATION AND E lvpLoyER'g Llj-�BILTTV- INS Up ,A1,TCE -_wvu.1n_ 1lI-V--,oilUi, 9,1V , etc applicable, coverage to apply for all elupjoyees t?t ,. _Jjinii�it�n� s%?i�t�� li��kit.� as a�,qui�e�� 6y Florida Law. CCU I I NSIVE AUTOMOBILE VEIUCLE LIkBFUIT -f HTSUR,ggCE. IAotor vehicle liability insttraiice, including applicable no-fault coverage, with limits of liability Of not less than $1,000,000.00 per occttrreitce, combined single limit for Bodily Iiijuiy Liability and property Damage Liability. Coverage shall include all hired vehicles. owned Vehicles, all 'loll -Owned vehicles, and all COT ERCIAL GENERAL LI ILI'jC. Conzrixerciai geiae#al liability coverage with limits of liability of not fell than 1,000,000.00 per occllfrence combined single limit for Bodily 1n.JUnY Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to e COIJNI �" at tile time of execution of this Agreement and 001tificd collies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy Or covege is canceled or restricted. The underwriter of such insurance shall be qualified to usinessrain the State of Florida. If requested by the County Administrator, the instirauce overage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. 9. NON -WADER OF L Y Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any Commercial liability insti€'ance 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 s%Il any Ag ement entered into by the COUNTY be wired to contain any provision for waiver. 10. INDEPENDENT CDNTRA,CTM At all tunes and for all pttipases under this agreement CONTRACTOR is an independent and not an employee of the Board of COUNTY Commissioners of Monroe COUNTY. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of COUNTY Commissioners of 1Vlonroe COUNTY. 11. NONDISC1t141NATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is exp ssly understood that upon a determfilation by a court of cotztpetent jurisdiction that discrimination has occurred, this Agreement $utoinatically terminates without any fi nther action on the part of any per,, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida Statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Titre VI oftlre Civil Ri;bts Act of 1964 (laL, 8$-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as ameatded (20 USC ss. 1681- 1683, and 1635-1686), which prohibits discrimin8ti0ft on the basis of see:; 3) Section 5Q-4 of the Rehabilitation Act of 1973, as amended (20 USC S. 794), which prohibits discrimijaetion on the basis of Handicaps; 4) The Ago Discriittination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office acid Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of ding abuse, 6) The Comprehensive Alcohol Abuse and Alcohofisrra Prevention, Treatment and Reubilitatioit �_ .c- ��i �, 1`d =ci o� 17� �pL �1-G16�, �.� �c��decle �'el�fin4 ��s i�odzscrgin�oe� o� . ���is of �Ico��sl ��S�u� Or alcoholism; 7 The Public T e4 ltln O ice —0 of 1912, S& 523 az1e1527 (42 USC ss. 690ddd3 and 290ee-3), as ammenadeu, relatalg to € onr�clentnain�, or alnohat arnd do g ab1�s�• f: ��:en€ $ e� �raaa; �� Title VM of the Civil Rights Art of 196S (42 USC s, et seq.), as amended, relating to lnorndiscnillinnatiola in. the sale, rent,l or f<nancirag_ of llotsinlg; 9 The Americans with Disabilities Act of 1990 (42 USC s.1201 Nate), as maybe amended A:rOrna time to time, relating to nondisclin3dflaliou on the basis of disability; 10) Any other alondiwkl inationl pros isions h, ally Feslealal or state statn'es which En' y apply W COUNTY and CONTRACTOR to, or the subject matter of, this Agreement 12. ASSIONMINT'ISUECOIaT FACT CONTRACTOR shall not assign or slabcontract its obligations under this agreement to others, except bi Writing and with the prior written approval of the Board of County Commissioners of Monroe Count' and CO -ACTOR, Which approval shall be subject to such conditions and Provisions as the Board may deem necessaay. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee of sub shall comply with all of the provisions of this agreement. finless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE RE 1 S In providing anserviceslgoods pursuant to this agreement, CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, Ordinances, males and regulations shall Constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specificMons throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF ST CONTRACTOR represents that it, its directors, Principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any rxnaruaer with flue pen3"ormance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that of%cers and employees of the COUNTY recognize and will be rcquired 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, cAnflictialg employment or contractual relationship; and disclosure or use of certain information. Upon execution of this con#ract, and thereafter as changes May require, the COMRACTOR shall notify the COUNTY of any ftrnaencial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recowmends, supervises, OF requires for counseling, assistance, evaluation, or treatment. This provision shall apply whetller or not such Program is requited by statute, as a condition) of -probation, or is provided on a voluntary basis. COUNTY and. CONTRACTOR warrant that, in respect to itself, it has i1either employed ]nor retained any company or person, other than a bona rode employee working solely for it, to solicit or secrlre flats Agreement and that it has not paid or asnaed to pay army person,-0,11pany, Corporation, individual, or f"111, other than a bona fide employee working solely for it, any tee, corxnm:ission, percentage, gait, or of her conasidei-ation w nt*ernt nrpon Or resulting fi'orn the award Or rnalmirag; of dais Ageemenq. For the breach or violation of the provision, the CONTRACTOR agrees that the CONY shall have the n°iglnt to "`FlamOAO this A�Veememt without liabalityr and, at 41. rv':i[_d"�a tit, 10_02_201)6 f)i�) its iscre'tio , to offset oin ftojjj ,"s tier tthan Ne' r€ac�s€"vRr, � e�i:��i➢ t �a� ����� conanaissican pffcel _ V as a ` ; 3' -OR. . CONTRACTOR shall laot pledge the C0uNTy,S e-redit or mare it a g€aarantod ofpa secant oz sa cty for array contract, debt, obligation, judgment, lien, or ally fci7n of; debtedness. CONTRACTOR. hrther waa€•wants and represents that it has no obligation or iaadebted�.ess fha'c would impair its ability to ful�Il the tees of flats contract. 16. NOTICE REOUlREMENT Any sconce required or permitted under this agreenaeaat shall be in writing and hand delivered or mailed, postage prepaid, to the other Party by ceafified avail, returned receipt requested, to the following: FOR COUNTY 16'h Judicial Cirouit Court Administrator 502 Whitehead Street Key' 7e4, Fl. 33041-1026 FOR CONTRACTOR, Lisa Zion Lowe ACCOUNT REPRESENTATIVE 7930 Byrom Drive West Palm Reach, Florida 33404 IT TAXES COUNTY is exempt from paymen' of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted b3'virtue of the COUNT'Y'S exeml)tion from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR this agreement use the COUNTY'S Tax Exemption Number in securing Such materials. authorised to CONTRACTOR shall underdais be responsible any seed all taxes, or payments of Withholding, related to services rendered 1S• TERMINATION The COUNTY may terminate this Agreement with or without cause prior to the gig of the ttaain mauuf eture of the faarraishitags. The COUNTY' or CONTRACTOR may terminate this Agreement for cause with severe (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to pe form the obligations enumerated under this Agreement. 19. GOaRNING LAB- WNDE ETIERPRETATION COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be pelf'ormed entirely cv the n in e Si te. Tzu et that away use of action or administrative proceeding is instituted for the enforce at iuteaPretation of this Agreement the COUNTY and CONTRACTOR agree that venue will lie it, the appropriate court or• before the appropriate adminisbraative body in Monroe COUNTY, Florida. a. lD Tile C:OIJNTV1 and CONTRACTOR agr°ee deal_ in the event of conflict ng iaaterpretatioaas of e terms or a term of flats Agreement by or between ally of deem tlae issaac shall be sulamktect to aaaediation pricer to the institution ofau- other aacianini a � five or legal proceeding. Mediation Proceedings iaaitiated and ccaadtacted paaysaaaaat to illis Agreement shall be in accord m e Frith flee a 610 27. CLADVIS FOR FEDERAL OR STATE CONT.0 T �p� and CC�T� ��•�e �1a�t es�l� kl�all be, �a�c� is, �-p�s��e��dd �o a€��;�1�� fog°; ,����, and obta xee€leral azd stagndw to faaril<er the lzupose of rlr Agreerazerrt5 promjided drat all priorto iraras, re aaests, � pr°oposals, znd ar�ding, ssrlicitatiorrs shall be approved by each ;aaa prior €t saal�rnissicrr, 28. PI I EOES AND BOAUMTIES All of the privileges and immunities from liability, exemp°�ians franc laws, ordittans, and rules and pensions and relief, disability, worher.9' coxrgpensation, and other benefits Which apply to the activity of officers, agents, or employees of any public agents or employees of the C0TJN T Y' when performing their respective f anctiorrs under tl► s gr eexraent within the Territorial limits of the COUNTS shall apply to the se-nae degree and duties Of such officers, agents, volunteers, or eme7�tiit to the Performance of such fiarrctiaxrs and COUNTY,ployees outside the territorial limits of the 29. LEGSAE OEL,IQATIONS AND RESpGNSIEIL yMS This Agreement is not intended to, nor shall it be constmed as, relieving any participating entity from any obligation or responsibility unposed upon the entity by later except to the extent of actual and timely PMfOnwIlce thereof by any participating entity, in which case the performance may be ofered in satisfaction of the obligation of responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida tuts n anion, state statute, and case law. 30. a I,iANCE l� N _ TIES, No person or entity shall be entitled to .rely upon the terrrts, or any of them, of flits A� eerrrer�t Yo enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and time COUNT'' and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR, or any agent, officer, or employee of either shall have the authority to inform, counsel, or Otherwise indicate that airy particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in; general or for the purposes contemplated ire this Agreement 31. ATTESTATIONS CONTRACTOR agrees to execute such docmnents as the COUNTY may reasonably require, to include; a Public Entity Crime Statement, all Ethics Statements and a Drug --Free Wo4lace Statement. 32. NO MgSONAAI L16AILITy No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe COun'by in his or her individual capacity, and ilo member, officer, agent oremployee of Monroe Comfy shall be liable personally on this Agreement or be subject to any personal liability or accountability try reason of the execution of this Agreement. 33. E CU-nON IN COUN:IaRpARTS Flats AWernerat MAY be executed in any number of couRterpaals, each of which shall be regarded as @n original, ail of which taken together shall constiftate one and the same instr(ararent P , any of COUNT'V and CONTIRACTOR hereto may execute this Agreement by singing any such corruterpar-L 7 db -�`x ire 6ir€ llpi. p,011Ti of Moaroe County- 21, SKY-ERABILFTY. covenant, condition Or provision of this Agreement (or the application thereof to any cire f- enforceable l2staac�� Or person) shall be, declared 1:1-M9 lid OF unenforc a to BUY extent by a corm ojFcompetent jurisdiction, the remaining terms. covenants. conditions and provisions of this Agreement shall not be affected t1jryeby; and each remaining tellri, covenwat' condition and provision of this Agreement shall be valid and shall be enforceable to the fullest el"tent pennitted by law unless the enforcement of the remaining terms, covenants, conditions and Provisions Of Us Agreement would prevent the accoiuplishmenj of e original L t- of t the 0 inten his Agreement. The, COUNTY and CONTRACTOR agree to reform tine Agreement W replace. any Stricken provision with a valid provision that comes as close as possible co the intent ofthe stricken provision. 22. AIIORNEy,S FEES AM COSTS COUNTY and CONTRACTOR agree that in the event pay cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or, interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorneys fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, out- and of -pocket expenses whether it is the Prevailing party or not through all levels of the court system. 23, ADJUDICATION OF DISPUTES OR DISAGREENM S. COUNTY' and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions beftem representatives of each of COUNTY and CONTRACTOR. Ifno resolution c"a be agreed Upon within 30 days after the first meet and -hall be discussed at a public meeting of the Board of County confer session, the issue or issues s n Commissioner$- If the issue Of issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. �COOPERATION. In the event any administrative or legal proceeding is instkWd against either party relating to the formation, execution, performance, or breach Of this Agrmmen% COUNTY and CONTRACTOR agree to participate, to the, extent required by the other party, in all proceedings, hearings, Procesks, meetings, and other activities related to the substance, of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no Party to this Agreement: shall be required to enter into any arbitration proceedings related to this Agreement. 25. RIND-ING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and lbeirres tmd assigns. P0, �jjve legal representatives, successors, 26. Each Party represents and warrants to the other that the exec ution, aaacl perfoaaaance of this Agreement have been duty authorized by all necessary COUNTY and w]rpopaj), act, jail , as required by law. 6 305219235ljo KAOHROE COUHTY i-,,TT 34. SECT 1014 HEADINGS Section headiap have beep inserted in ibis -Agreement as a miter of corivenienof reference only, and it is agreed that suoh section headings are not apwt of this Agace-ment and vvifl not be used in the interpretation of my provision of this Agreement. ET WITNESS REOF COIUNTY a -ad CONT RACTOR hereto have executed Us Ageament an the day and date first written above in four (4) each of which shall. -without proof or acconfifirig for the Other be decined am original contract. Witnesses for CONTRACTOR - Date: lc'lel Sipat= Date: ThomasW. Ruff South Flofida Signature of P=d`n' authorized to legally bind Corporation Date: print Name Address- t-j,-v Telephone Number: MONROE COUNTY ATTORNEY AF,'?ROVED AS TO FORPA: 'N ATILEF-�irj W. A;FtSISTA KrTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2007 Division: County Attorney Bulk Item: Yes No X Staff Contact Person: Suzanne A. Hutton AGENDA ITEM WORDING: Approval of settlement agreement to Vantage Property Development, LLC (Walter P. Drabinski) regarding the lease for the office building at Overseas Highway, Cudjoe Key, FL 33042 ITEM BACKGROUND: On March 21, 2007, the County Commission voted to terminate the lease for the Cudjoe Key office building. According to the lease, there is a pay -out provision of $30,000 to compensate for finishing the leased area per the County's specific requests. There is also a six-month notice requirement. Since the County gave notice prior to the building being completed and available for occupancy, the County initiated an amicable termination allowing the lessor to provide the premises to other tenants at an earlier date. As result of on -going negotiations, this settlement agreement is being presented which will provide for $150,000 payment to Vantage Property Development, LLC (Walter P. Drabinski) in complete satisfaction of all rights and causes of action he may have regarding the lease for office building at Overseas Highway, Cudjoe Key, Fl. 33042, conditioned upon a credit or rebate to the County of any rent the lessor obtains during the 6 months after CO. PREVIOUS RELEVANT BOCC ACTION: Termination of lease 3/21/2007 CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. TOTAL COST: $150.000 minus any rebate BUDGETED: Yes No COST TO COUNTY: $150.000 minus any rebate SOURCE OF FUNDS: REVENUE PRODUCING: Yes— No xx AMOUNT PER MONTH_ Year APPROVED BY: County Atty X OMB/Purchasing _ Risk Management DOCUMENTATION: Included X DISPOSITION: Revised 2/05 Not Required AGENDA ITEM # `F ; � (2 OUNTYSMONROE KEY WEST FLORIDA 33040 (305) 2 1-4641 Suzanne A. Hutton, County Attorney*" Robert B. Shillinger, Chief Assistant County Attorney ** Pedro J. Mercado, Assistant County Attorney Susan M. Grirnsley, Assistant County Attorney Natileene W. Cassel, Assistant County Attorney Cynthia L. Hall, Assistant County Attorney * * Board Certified in City, County & Local Govt. Law June 19, 2007 TO: Board of County Commissioners County Administrator FROM: Suzanne A. Hutton, County Attorney': Re: Cudjoe Office Building — REQUEST for pre -suit settlement approval BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia J. Murphy, District S Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 (305) 292-3470— Phone (305) 292-3516 — Fax On March 21, 2007, the County Commission voted to terminate the lease for the Cudjoe Key office building. According to the lease, there is a pay -out provision of $30,000 to compensate for finishing the leased area per the County's specific requests. There is also a six-month notice requirement. Since the County gave notice prior to the building being completed and available for occupancy, the County initiated an amicable termination allowing the lessor to provide the premises to other tenants at an earlier date. I met with the lessor who alleged that County actions and omissions contributed to the delays in getting the CO, and that the County made substantial demands for enhancements to the buildout of the space. I then met with staff who confirmed some degree of some of the allegations but disagreed with many of the allegations. The administrator and I met with the lessor and his attorney on June 18, 2007, at which time, the lessor provided documents setting forth the difference in costs between the originally planned construction, that which was necessitated by the lease requiring buildout to meet the County's needs, and the "as built" costs necessitated by additional changes the lessor claims County staff requested. During that meeting, the County countered some of the costs incurred as being unnecessary and more costly than alternative means, for example, the air-conditioning. The lessor countered that he had been required to alter the plans to meet the requested construction of walls for offices and that the existing construction would not allow for the ductwork necessary to deliver air to individual offices. While it was pointed out that the additional construction, such as widening stairs and installation of tile added value to the building, the lessor pointed out $48,500 in lost value costs. The lessor's position is that to be fully compensated for the early termination of the lease, he should be paid $330,886. However, recognizing the County's current financial position, the lessor has agreed to accept $150,000 in pre -suit settlement of the matter. Attached hereto are three pages of the materials supplied to the County in support of this figure. They are: Assumptions (upon which he reached the $330,886); Estimate of Cost increases due to MC Rental Requirements. (Note that in the section entitled Cost for activity, he did not carry over the column headings "original," "contract," and "As -built," but those headings should be placed in the same order as sub -headings under "cost for activity." While the County has not demanded every receipt or invoice to verify the accuracy of these estimates, staff does verify that the work activity was completed as indicated. There is some dispute as to the specific items requested beyond the contract build -out and dispute as to who caused what delays for how long. Since the contractual requirements for build -out elevated construction costs for which the lessor is out of pocket are in the range of an additional $142,000 for which a $30,000 early termination penalty was included in the lease, there were lost value costs of approximately $48,500, and the 6-month notice clause which would have required $81,500 to be paiid, the proposed settlement is reasonable. Additionally, it should be noted that there will be a savings of the costs of moving which would have been incurred. Please approve a settlement agreement which will provide for $150,000 payment to Vantage Property Development, LI.0 (Walter P. Drabinski) in complete satisfaction of all rights and causes of action he may have regarding the lease for office building at Overseas Highway, Cudjoe Key, Fl. 33042, conditioned upon a credit or rebate to the County of any rent the lessor obtains during the 6 months after CO. Assumptions: MC delays were such that they should pay 6 Months of lease MC should be responsible for incremental cost of construction Cost Item Amount 6 months rent $81,500 Move out penatly $30,000 Cost to fit per lease: $142,691 Extras per Bldg. Dept. $76,695 $330,886 Estimate of cost increases due to MC Rental Requirements Original Plan, AS specified in Lease and AS -built Der direction of MC Building Dent Personnel Number of units I I Cost for activity Work Activity Ori final Contract As -built Unit $/Unit AC Units 7 18 25 Each $3,250.00 $22,750 $58,500 $81,250 Stud Walls Additions 358 825 1185 Linear Feet $14.50 $5,191 $11,963 $17,183 Stud Wall Relocation 0 0 300 Linear Feet $9.50 $0 $0 $2,850 Light fixtures 42 60 75 Number $165.00 $6,930 $9,900 $12,375 Sheet Rock 5664 9400 12280 SF $5.50 $31,152 $51,700 $67,540 Painting 5664 2800 5200 SF $1.85 $10,478 $5,180 $9,620 Sprinkler Heads 42 72 85 Number 1 $325.00 $13,650 $23,400 $27,625 Smoke detectors 14 251 30 Number $185.00 $2,590 $4,625 $5,550 Emergency li htin 14 20 24 Number $225.00 $3,150 $4,500 $5,400 Outlets Computer outlets 70 0 150 25 190 55 Number Number $78.00 $95.00 $5,460 $0 $11,700 $2,375 $14,820 $5,225 Kitchen 0 1 1 Number $9,000.00 $0 $9,000 $9,000 Toilets 7 5 5 Number $975.00 $6,825 $4,875 $4,875 Showers 0 2 2 Number $1,100.00 $0 $2,200 $2,200 Urinals Sinks Safe Room Counter Carpet/tile Generator Strengthened sewage lines Electrical Panels Telephone Wiring FEMA Outlets 0 7 0 0 2 7 01 0.5 2 7 1 1 Number Number Number Number Cost Cost Cost Cost Cost Cost $850.00 $850.00 $3,850.00 $8,500.00 $0 $5,950 $0 $0 $15,000 $0 $0 $0 $0 $0 $1,700 $5,950 $0 $4,250 $26,000 $25,000 $2,000 $3,000 $1,000 $3,000 $1,700 $5,950 $3,850 $8,500 $29,000 $253000 $2,000 $3,000 $1,000 $37000 $129,1261 $271,818 $348,513 Cost of alterations for Lease $142,691 Cost of changes due to MC County change requests $76,695 Total Incremental Cost for MC $219,386 Delays to Critical Path due to MC Personnel decisions, errors or inaction Activity Shell Work Roof Inspections AC Pad Framing Ins ection Insulation Inspection Minor Deviation delay jAppeal D lay Res onsible Part Bowden Bowden Bowden Bowden Bowden Aref Jouliani Planning Dept. Dela Da s 4 1 1 10 5 53 84 -County Total Data s due to Actions or Inaction 158 Anton Appeal delay should have been resolved in a few days. Setback could have been calculated within 2 inches using Survey that showed building columns, Drawing #'14 which showed all walks, stairs, and elevators, and Roof Truss drawing which showed overhang. Issue of buffer was totally erroneous. Approved drawing showed approved SR/SC line and the drawing gave specific 20' by 200' dimension. All allegations should have been dismissed within a few days. Further since we were never notified of exact allegations, we could not even respond.