Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
N. County Attorney
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2007 - KW Bulk Item: Yes XX No Division: County Attom Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with Jerome Pfahning in Code Enforcement Case No. CE05020266. ITEM BACKGROUND: On March 3, 2005 Mr. Pfahning was cited for violation of County Code 15.6-21 for failing to connect to the Stock Island Central Sewerage System. The case was brought before the Special Magistrate on September 29, 2005. The Special Magistrate found a violation and ordered that the properly be brought into compliance by October 20, 2005; otherwise fines of $100.00 per day would begin to run on that day. As of March 31, 2007, the property has not been brought into compliance and fines and costs total $52,700. PREVIOUS RELEVANT BOCC ACTION: 5/16/2007 BOCC continued to 6/20/2007 6/20/2007 BOCC continued to 7/18/2007 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 x OMB/Purchasing Risk Management _ DOCUMENTATION: Included Not Required XX DISPOSITION: AGENDA ITEM # Revised 2/05 Meeting Date: July 19, 2007 Division: COUNTY ATTORNEY Bulls Item: Staff Contact Person: Natileene W. Cassel Telephone No. 305-292-3470 AGENDA ITEM WORDING: Approval of First Amendment to Agreement with Greenberg Traurig P.A. for the consulting services of Kenneth Metcalf. The Amendment will continue Mr. Metcalf s consulting services regarding Hurricane Evacuation as it relates to affordable Housing. The Amendment does not increase the total contract amount on the original Agreement. ITEM BACKGROUND: Mr. Metcalf has been advising the Affordable Housing Task Force on the Hurricane Evacuation Model in order to identify and implement potential ways to increase the current and future permitting capacity for affordable housing and to assist in negotiations with the Department of Community Affairs on this issue. The total contract amount was $20,000.00, the contract amount is not increased by this Amendment, there is approximately $7,000.00 left on the original contract amount. I'RE nOUS RE, LEVANT BOCC ACTION: The original Agreement was approved by the Board at the July 2006 meeting. The original Agreement was for one year and ends July 2007. CONTRACTIAGREE NT CHANGES: Extend the term of the original agreement for one year to July 19, 2008. STAFF C® NDATIONS: Approval. COST TO COUNTY: $7,000.00 SOURCE OF FUNDS: (left on the original contract sum) REVENUE PRODUCING: YES — NO X AMOUNT PER. MONTH Year APPROVED BY: County Atty_,,,X_ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: __ AGENDA Item# FIRST AMENDMENT TO AGREEMENT FOR SERVICES GREENBERG TRAURIG P.A. Dated July 18, 2006 THIS FIRST AMENDMENT (herein after "Amendment") is made and entered into this day of , 2007, to the Agreement ("Agreement") dated July 18, 2006 between Greenberg Traurig P.A. whose address is 101 East College Avenue, Tallahassee, Florida 32302, and Monroe County, a political subdivision of the State of Florida ("COUNTY"), whose address is 1100 Simonton Street, Key West, Florida 33040. WHEREAS, the Agreement dated July 18, 2006 is set to expire on July 19, 2007; and WHEREAS, County and Greenberg Traurig desires to continue the Agreement for another one year term. NOW THEREFORE the parties hereby agree as follows: 1. Paragraph 5 of the Agreement shall be amended to read in its entirety as follows: "5. TERM OF AGREEMENT This Agreement commences on the date of execution by all the parties, and ends on the 191h day of July 2008, unless terminated earlier under paragraph 18 of this Agreement or upon payment of the total compensation whichever comes first." 2. The remaining terms of the Agreement entered into on July 18, 2006, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in their respective names. Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Date: MAyor Mario DGennaro ate: Witnesses: R��-fald L4BobtllilYief. Jr. Signature Per§ondegaliy di1tVa4izZd to sign on L behalf of Greenberg Traung, P.A. Print Name DATE: Print Name Date: 71 1 , 0 -7 MONROE COUNTY ATTORNEY f'PROVEI3 AS TO F NATiLEENE W. CASSEL ASSISTANT COUNTY ATTORNEY TAL 4514179800 71212007 Date—_- �— -�- � :305 923,716 MONROE COUNTY Ail 03:37 32 p.rn. OT-17-2006 2113 THIS AGREEMENT made and entered into this Atday of July, 2006, by and between MONROE COUNTY, a political subdivision of the State of Florida ("COUNTY'), whose address is 11.00 Simonton Suet, Key West, Florida 33040 and Greenberg Traurig, P.A.., whose address is 101 East College Avenue, Tallahassee, Florida. 32302, its successor's and assigns, hereinafter- referred to as "FIRM". The contract services shall be performed by Kenneth Metcalf, AICP, Director of Planning Services for FIRM, except for legal services described herein. WITNESSE`I`H: WHEREAS, COUNTY desires to employ the professional services of FIRM to assist COUNTY; and WHEREAS, FIRM has agreed to provide professional services as defrned in the Scope of Work below. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein., and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and FIRM agree as follows: 1. THE AGREEMENT The Agreement consists of this document only. Any other Agreements between the parties separate are independent agreements and shall be read, interpreted and enforced as separated independent agreements. 2. SCOPE OF THE STORK The FIRM shall assist COUNTY by providing professional services, to review the Hurricane Evacuation Model in order to identify and implement potential refinements that would increase the current and future permitting capacity for abr-dable housing; to negotiate with the Department of Community Affairs on this issue; and support the planning efforts of the Affordable Housing Task Force to encourage development of affordable housing in the Florida Keys This Agreement is limited to planning services, except for the limited legal services described herein. 3052�)23516 MONROECOUNTYATT 03 37 59 p.m 07-17-2006 3113 3. REPRESENTATIONS AND WA IES FIRM warrants that he is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in this Agreement. A. FIRM shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. B. FIRM shall maintain all necessary licenses, permits or other authorizations necessary to act as. FIRM for the Project until the FIRMS duties hereunder have been fully satisfied; C. FIRM assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. D. FIRM shall provide services using the following standards, as a minimum requirement, FIRM shall maintain adequate staffing levels to provide the services required under the Agreement, FIRM personnel shall not be employees of or have any contractual relationship with the COUNTY, and all personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under Sate and local law to perform such. services. E. FIRMS services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work. F. FIRM is an independent contractor under this Agreement. In providing the services, FIRM and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY,. nor shall they accrue any of the rights or benefits of a COUNTY employee. 4. PAYMENTS TO FIRM A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of COUNTY Commissioners. B. COUNTY shall pay in accordance with the Florida Prompt. Payment Act; payment will be made periodically, but no more frequently than monthly, in arrears as hereinafter set forth. C. FIRM shall submit detailed, itemized invoices to the COUNTY with supporting documentation acceptable to the Clerk based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. D. The pricing for the different types of work shall be as follows: 1) the total contract amount of this Agreement including all fees and expenses is TWENTY THOUSAND DOLLARS AND NO/cents ($20,000.00); however, both parties agree that this contract amount may not be sufficient to complete the scope of work, depending on the number of requested meetings, extent of negotiations required and other activities 2 30-599235 6 MONROE COUNTY ATT 03,38'35 p rn 07-17-?.006 4113 deemed by the parties as necessary or appropriate to support the efforts of the task force to promote affordable housing. It is anticipated that the parties will further define the specific activities listed in the scope of work in order to further refine future contract amounts if the contact amount allocated in this agreement is reached. Services provided by Mr. uthillier shall be limited to general supervision of contract implementation pursuant to Paragraph 1.4 ' and shall not exceed $500.00 2) FIRM will be paid for his or her services based on the number of hours tended 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 FIRMS hourly rate as set forth below: Kenneth B. Metcalf' $220.00 per hour Reginald lam. Bouthillier, Jr., Esq. � per hour 3) The following minimum billing documentation and time- keeper requirements are a condition precedent to payment by the COUNTY. ,At a minimum the invoices shall state the name of the timekeeper, a dewription of the task performed, the amount of time expended by each time -keeper daily (and, within each day, broken down by task where more than one project or task was worked upon within the same day). In a sununary at the beginning or end of the bill, provide the 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 a reconciliation between the amount charged and any applicable estimated or budgeted amount, by task. In addition, each monthly statement: should show the aggregaW billing for that matte- from the commencement of the matter through the c=-ently-billed month. pIRM shall describe widiin each i�d daily task entry, in sufficient detail to readily allow the COUNTY to determine the necessity for and reasonableness of the time upended, 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. FIRM 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 as indicated above is also not billable. FIRM will charge no more than the hourly rate quoted above throughout the duration of the Agreement, unless otherwise agreed upon and approved by the Board of COUNTY Commissioners. The rates FIRM 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 3 3052923516 MONROE COUNTY ATT 03 39.13 p m 07-17-2.006 S 19 3 provided to other clients, FMM and approved time -keeper: will also provide therm on the same basis to COUNTY. To the extent the FIRM -makes use of existing work product, e.g., in the form of research previously performed for another client, then FIRM may bill only that tune impended in using that work product for COUNTY. In, other words, no premium, markup, or other adjustment may be made to bill COUNTY for time ant on work already performed. 4) FIRM will charge expenses such as travel, per diem, meals, mileage, hotel, or airfare shall be paid according to Fl. Statute 112.321 and according to Chapter 2 Administration, Article XXVI of the Monroe COUNTY Ordinances, however, time spent in transit, googly Or othem ise, may be billed only if FIRM or tinge -keeper is unable to avoid traveling by using other forms of communication. Travel by more than one t'rmc-keeper at the same time to the same destination is not allowed without prior approval, from COUNTY. Approved travel time will be billed at the hourly rate listed for the time -keeper. .Actual cost for necessary long distance telephone calls, telecopying at $.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: FIRM is expected to avoid using expedited or emergency services, such as express delivery services, couriers, telecopying, ovcrtime, 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 FIRMS failure to manage the matter efficiently. FIRM 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. FIRM is expected to pass through tv COUNTY any discounts or other arrangements that reduce the cost of computerized services. 5. TERM OF .A92EP—M- This Agreement commences on the date of the execution by all parties, and ends on the 19th day of July, 2007, unless terminated earlier under paragraph 13 of this Agreement or upon payment of the total compensation whichever conies first. 5. FIRMS ACCEPTANCE OF CONDITIONS FIRM has, and shall maintain throughout the term of this Agreement, appropriate licenses; proof of such licenses and approvals shall be submitted to the COUNTY upon request. 7. PUBLIC ACCESS COUNTY and FIRM shall allow and pent reasonable access to, and inspection of, all documents, papers, letters or other materials in its 4 305?923fi16 MONROE COUNTY ATT 03 39_49 p m 07-17-2006 6 /13 possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and .made or received by COUNT' and. FIRM in conjunction with this Agreement; and COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by FIRM. S. LImLTF4. D_INDEMNITY FIRM ages to indemnify and hold harmless Monroe County Board of County Commissioners from any claims, losses, damages, and expenses that County has that are caused by FIRMS negligence- 9. INSU C9 Prior to execution of this agreement, FIRM shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMpLayER'S LIABILITY INSURANCE: Vihere applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Hired and non -owned auto liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non - owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. PROFESSIONAL LIABILTIY: Professional liability insurance for negligence in an amount not less that $500,000.00. CERTIFICATES OF INSURANCE: Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies 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 coverage is canceled or restricted.. The underwriter of such insurance shall be qualified to do business in the Stag of Florida. If requested by the COUNTY .Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. N1 3052.923516 MONROE COUNTY AT f 03.40:20 p,rit. 07 17-2006 7 113 10. NON- AIVER OF IMMUNI Nothing in this Agreement is intended to act as a waiver of the provisions of Sec. 286.28, Florida Statutes, and COUNTY specifically does not agree to a waiver in any form., including but not limited to the participation of COUNTY and FIRM in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or locall govemment liability insurance pool coverage which shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agrecment. entered into by COUNTY be required to contain any provision for waiver. 1.1. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement FIRM 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 FIRM or any of his employees, subcontractors, servants, or agents to be employees of the Board of COUNTY Commissioners of Monroe COUNTY. 12. NONDISC IN'AiT10N COUNTY and FIRM agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY and FIRM agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88- 352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended. (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drag Abuse Office and 'Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation .Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended., relating to confidentiality of alcohol and drug abuse patent records; 8) Title V'III of the Civil Rights .Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;-9) The Americans with E. 3052923516 MONROEGOuNTYATT 03,40.58pm. 0717-2006 8113 Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY anti FIRM to, or the subject matter of, this Agreement 13. ASSIGNMENT SUBCONTRACT FIRM shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe 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 invent be deemed to impose any additional obligation upon the Board. 14. COMP TH LAW AND 99ME UI MMENTS In providing all services/ goods pursuant to this agreement, FIRM 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 adapted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement immediately upon delivery of written notice of termination to FIRM. FIRM shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. DISCLOSURE AND CONFLICT OF IN'I` REST GREENBERG TRAURIG, P.A. is large, national law firm with clients throughout Florida involving a wide variety of matters. As such, we may represent wdsti3ng or future clients with matters adverse to the County. Therefore, we have included the following conflict waiver to address any conflicts that arise out of existing or future representations. It is understood that GREENBERG TRAURIG, P.A. may represent other present or future: clients in matters adverse to Monroe County in legal or other proceedings, other than the matter that is the subject of this letter or a matter substantively related thereto. Except as described above, we will at all Barnes adhere to all applicable guidelines and provisions of the Code of Professional Responsibility. The FIRM shall immediately notify the County in writing if it discovers any potential ethical impediment in executing the services described herein. The FIRM reserves the right to terminate this contract in that event to resolve the impediment and shall not be precluded from representing current or future clients that may be related to the identified impediment. VA :i052913bA6 MONROE GOUNTYATT 03 41:40 p,iw 0T17-2006 9li3 Upon execution of this Agreement, and thereafter as changes may require, FIRM shall notify the COUNTY of any financial interest it may have in. any programs .in Monroe COUNTY which may be substantively related to the Scope of Mork. COUNTY and FIRM warrant that, in respect to itself, it has neither employed nor retained any company or persop, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person., company, corporation, individual, or firm., other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, FIRM agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 16. NO PLEQ9E QF-CREDI'I` FIRM shall not pledge the CO 'S credit or male it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. FIRM further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 17. 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 COUNTY: Ty Symroski Marathon Government Center Monroe County Growth Management Department 2795 Overseas Highway Marathon, FL 33050 COUNTY ATTORNEY PO Box 1026 Key West, FL 33040 FOR FIRM: Reginald L. Bouthillier, Jr., Esq. Kenneth B. Metcalf, AICP Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32302 E3 30529235.16 MONROE COUNTY ATT 03 42' 12 p-rn 07-17.2006 10113 The COUNTY is exempt from payment.of Florida state Sales and Use taxes. FIRM shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this Agreement, nor is FIRM authored to use the COUNTYS Tax Exemption Number in securing such materials. FIRM shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 1.9. TERMII�i�4.TI®N The COUNTY may terminate this Agreement with or without cause. The COUNTY may terminate this Agreement for cause with seven (7) days notice to FIRM. Cause shall constitute a breach of the obligations of FIRM to perform the obligations enumeratedunder this Agreement. Either of COUNTY and FIRM hereto may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. FIRM agrees, if at any time in the future Mr. Metcalf is no longer with the FIRM this Agreement is immediately terminated and the FIRM shall immediately notify the COUNTY. 20. GOVERNING LAB VENUE INT RETA.TION COSTS AND FEE This Agreement shall be governed by and construed in accordance with the lays of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and FIRM agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida.. 2 1. MEPIATION The COUNTY and FIRM agree that, in the event of conflicting interpretations of the terms or a terra of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil. Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVE ILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid 9 3052923u.16 MONROE COUNTY ATT 03:42 47 p.m 07.17-2006 11 113 and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and FIRM agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 23. FIRM'S FEES AND COSTS COUNTY and FIRM agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing pasty shall be entitled to reasonable FIRM'S fees and FIRMS fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 24. ADJUDICATION OF DI PUTES OR DISAGREEMENTS COUNTY and FIRM agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and FIRM. If no resolution can be agreed upon within THIRTY (30) days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of COUNTY Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and FIRM, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 25. COOPERATION In the event any administrative or legal proceeding is instituted against COUNTY or FIRM relating to the formation, execution, performance, or breach of this Agreement, COUNTY and FIRM agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and FIRM specifically agree that Arbitration shad not be entered into under this Agreement. 26. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and FIRM and their respective legal representatives, successors, and assigns. 27. AUTHORITY 10 3052b23516 MONROE COUNTY ATT 03'43:20 p.m. 07-17-2006 12 J13 COUNT' and'FIRM represent and warrant to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 28. CLWMS pOR FEDERAL 01;Z STATE AID COUNTY" and FIRM agree that Each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to farther the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29, ERMLEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from lags, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 30. LEGAL OBLIGATT�NS._AND RESPONS15LL-IT EES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entry by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or 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 constitution, state statute, and case law. 31. NON -RELIANCE BY NON-f' TIES. 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 COUNTY and FIRM agree that neither COUNTY nor FIRM or any agent, officer, or employee of either 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 in this Agreement. 11 30523)23St16 MONROE COUNTY ATT 03;43.54 p.m 07-17-2006 13113 33. NO PERSONAL LIAI3ILIT'Y No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe COUNTY in his or her individual capacity, and no member, officer, agent or employee 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. 34_ EXECUTION IN COUN RPA TS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of COUNTY and FIRM hereto may execute this Agreement by signing any such counterpart. 35, SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, COUNTY and FIRM hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Agreement. L. KOLI-iAGE, CLERK A'�JUL Witnesses: Signature DATE: to sign Agreements on beh f of Greenberg a rig, P.A. 3c)= DATE:f i� 4k � L2 9 _;, BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2007 Bulk Item: Yes x No Division: County Attorney Staff Contact Person: Bob Shillinger, ext. 3470 AGENDA ITEM WORDING: Approval of First Amendment to contract with Division of Administrative Hearings. ITEM BACKGROUND: County contracts with the DOAH to provide an administrative law judge to hear code enforcement cases. Under section 2-1.1 of the County Code, additional matters such as beneficial use and vested rights determinations may be heard by the Code Enforcement hearing officer. The proposed first amendment to the contract allows for the County Administrator to refer such matters to DOAH. There are currently more than 20 applications for beneficial use determinations which are pending, PREVIOUS RELEVANT BOCC ACTION: BOCC ratified contract with DOAH on 2/21/07. CONTRACT/AGREEMENT CHANGES: Amendment expands scope of services to clarify that additional hearings may be referred to DOAH and paid under the contract. STAFF RECOMMENDATIONS: Approval TOTAL COST: $137 per hour COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # N - y fe4)13ed K(U'_ Qrw� First Amendment to Contract to Provide Hearing Officers for Code Enforcement Cases Between Division of Administrative Hearings and Monroe County WHEREAS, the Division of Administrative Hearings (DOAH) was established to provide a cadre of professional hearing officers to hear various administrative disputes throughout the State of Florida; and WHEREAS in January of 2007, Monroe County contracted with DOAH to provide a hearing officer to sit as the Special Magistrate for Code Enforcement hearings; and WHEREAS section 2-1.1 of the Monroe County Code authorizes the County Administrator to assign additional matters to the Code Enforcement Special Magistrate including, but not limited to beneficial use and vested rights hearings; and WHEREAS a hearing officer is needed to conduct hearing on pending applications and render a recommended order on each application to the County Commission; and WHEREAS in order to ensure the prompt payment to DOAH for services rendered by its hearing officer, the January 2007 contract should be amended to clarify that these additional hearings are compensable under that contract; NOW therefore, DOAH and Monroe County hereby amend their contract of January 2007 as follows: Section 1, scope of services shall be amended to read in its entirety as follows: 1. Scope of Services. DOAH agrees to make one Administrative Law Judge available to the COUNTY each month to hear code enforcement violation cases. The Administrative Law Judge to be provided will be a full-time judge employed by the State of Florida, Division of Administrative Hearings. The Administrative Law Judge to be provided is an expert in the adjudication of administrative disputes. In addition to Code Enforcement hearings, the County Administrator may refer any additional matter to DOAH for an administrative hearing as provided for in Section 2-1.1 of the Monroe County Code. By way of example, such matters may include hearings on applications for beneficial use or vested rights determinations. DOAH may be compensated pursuant to the terms of the January 2007 agreement for any additional matters referred to it by the County Administrator. Attest: Danny L. Kolhage, Clerk By: Deputy Clerk Date For the Division of Administrative Hearings For Monroe County, Mario DiGenarro, Mayor MONROE COUNTY RNEY AP T [I: ROBE T TB.GSgHiLLINGER, JR. DateA TANI .2 NT)7TTORNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2007 _ Division:_ _,.__ County Attorney Bulk Item: Yes x No Staff Contact Person: Bob Shillinger, ext. 3470 AGENDA ITEM WORDING: Approval of First Amendment to contract with Division of Administrative Hearings. County contracts with the DOAH to provide an administrative law judge to hear code enforcement cases. Under section 2-1.1 of the County Code, additional matters such as beneficial use and vested rights determinations may be heard by the Code Enforcement hearing officer. The proposed first amendment to the contract allows for the County Administrator to refer such matters to DOAH. There are currently more than 20 applications for beneficial use determinations which are pending. PREVIOUS RELEVANT BOCC ACTION: BOCC ratified contract with DOAH on 2/21/07. CONTRACT/AGREEMENT CHANGES: Amendment expands scope of services to clarify that additional hearings may be referred to DOAH and paid under the contract. TOTAL COST: $137 per hour CK��Yi��1hTI�� BUDGETED: Yes No SOURCE OF FUNDS: 1F € APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCU NTA ON: Included x Not Required Revised 2/05 First Amendment to Contract to Provide Hearing Officers for Code Enforcement Cases Between Division of Administrative Hearings and Monroe County WHEREAS, the Division of Administrative Hearings (DOAH) was established to provide a cadre of professional hearing officers to hear various administrative disputes throughout the State of Florida; and WHEREAS in January of 2007, Monroe County contracted with DOAH to provide a hearing officer to sit as the Special Magistrate for -Code Enforcement hearings; and WHEREAS section 2--1.1 of the Monroe County Code authorizes the County Administrator to assign additional matters to the Code Enforcement Special Magistrate including, but not'limited to beneficial. use and vested rights hearings; and WHEREAS a hearing. officer is needed to conduct hearing on pending applications and render a recommended order on each application to the County Commission -,:::and. ...WHEREAS in order to ensure the prompt payment to DOAH for services rendered by: its hearing officer, the January 2007 contract should be amended to clarify that those additional hearings are compensable under that contract; NOW therefore, DOAH and Monroe County hereby amend their contract of January 2007 as follows: Section 1, scope of services shall be amended to read in its entirety as follows: 1. Scope of Services. DOAH agrees to make one Administrative Law Judge available to the COUNTY each month to hear code enforcement violation cases. The Administrative Law Judge to be provided will be a full-time judge employed by the State of Florida, Division of Administrative Hearings. The Administrative Law Judge to be provided is an expert in the adjudication of administrative disputes. In addition to Code Enforcement hearings, the County Administrator may refer any additional matter to DOAH for an administrative hearing as provided for in Section 2-1.1 of the Monroe County Code By way: of example, such matters may include hearings on applications for beneficial use or vested rights determinations. DOAH may be compensated pursuant to the terms of the January 2007 agreement for any additional matters referred to it by the County Administrator, For Monroe County, Mario DiGenarro, Mayor Date For the Division of Administrative Hearings Harry L. Hooper, Deputy Chief Judge Date no IOE o N rTORNEY nM' PR ROBERT B. SHILLING R, JR- CHIEF ASSISTANT CO NTY'ATTORNEY Date: �� AGE NDA ITEM SUMMARY Meeting Date:_ July 18, 2007 Bulk Item: Yes x No Division: CounV Attorne Staff Contact Person: Bob Shillin er ext. 3470 AGENDA ITEM WORDING: Approval of April 23, 2007 invoice in the amount of $36,254.00 from Paul Hastings for services regarding Galleon Bay v. Monroe County, Case No. 2004-CA-02-595-K. ITEM BACKGROUND: Paul Hastings is part of the defense team representing the County in the Galleon Bay case. This invoice represents the bulk of its efforts to appeal the new trial order issued by Judge Payne. PREVIOUS RELEVANT BOCC ACTION: BOCC approved retaining Paul, Hasting in 2005 and approved revised contract rates on March 21, 2007. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL, COST: $36,254.00 BUDGETED: Yes No COST TO COUNTY: $36,254.00 SOURCE OF FUNDS: VENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management Included x Not Required. Revised 2/05 _I,T - i �I11 _-N_ - .iri�l. PAUL, I HAST04G5, JAPFGMV %. WALKER LLP 515 South Flower Street, 25'h Floor, Los Angeles, CA 90071.2228 telephone 213-683-6000 / facsimile 213-627-07051 internet www-paulhastings.com Atlanta/ Beijing/ Brusselsl Chicago/ Mang Kong! London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D C Em Monroe County P.O. Box 1026 Ivey West, FL 33041-1026 Attn: Suzanne Hutton SUMMARY SHEET Galleon Bay Com PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending March 31, 2007 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the chanLye in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAUS3N 100 West 331d 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. April 23, 2007 Please refer to Invoice Number: 1598854 PHJ&W Tax ID No. 95-2209675 $36,947.50 ZV < $37,02G.20 $4 $445,777.96 Remittance Address: Paul, Hastings, )anofsky & 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.com. e �' PAut_, HASTINGS, JANOFstCY & WALKER LLP 515 South Flower Street, 25"' Floor, Los Angeles, CA 90071-2228 telephone 213�683-60001 facsimile 213.627-0705 / internet www,paulhastings.com Atlanta/ Beijing/ Brussels/ Chicago/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco! Shanghai/ Stamford/ Tokyo/ Washington, D.C: Paul Hastings Monroe County April 23, 2007 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1598854 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Galleon Bay CoQ2. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending March 31, 2007 $36,947.50 Costs incurred and advanced 78.70 Current Fees and Costs Due $37,026.20 Prior Balance Due $4083751.76 Total Balance Due $445,777.96 Mote the change in the Wifing Instructions Wiring; Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAUS3N 100 West 33rd Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Wallter LLP Comment: Please refer to the invoice number listed above. Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Defer all questions to Carol Brich at (213) 683-5039, or carolbrich@paulhastings.com. Monroe County 58551-00003 Invoice No. 1598854 Invoice Invoice Date Number Page 2 REMITTANCE COPY (cons.) Summary of Prior Balance Due Payments/ Amount Trust Appl. Credits Balance Due 04/24/06 1514537 $31,009.65 $6,373.45 $0.00 $24,636.20 05/25/06 1521786 $31,351.72 $0.00 $0.00 $31,351.72 06/23/06 1528095 $109,114.66 $0.00 $0.00 $109,114.66 07/24/06 1534950 $109,081.21 $0.00 $0.00 $109,081.21 08/16/06 1539226 $22,195.34 $0.00 $0.00 $22,195.34 09/21/06 1546796 $3,727.98 $0.00 $0.00 $3,727.98 10/16/06 1551989 $3,356,28 $0.00 $0.00 $3,356.28 11/22/06 1562727 $1,687.10 $0.00 $0.00 $1,687.10 12/29/06 1572330 $25,789.85 $0.00 $0.00 $25,789.85 01/19/07 1577897 $43,043.42 $0.00 $0.00 $43,043.42 02/28/07 1586370 $13,668.26 $0.00 $0.00 $13,668.26 03/27/07 1590086 $21,099.74 $0.00 $0.00 $21,099.74 Total Prior Due $408,751.76 Balance Due $445,777.96 PAK, HASTINGS, JANOFSKY $e WALKER LLP 515 South Flower Street, 25"' Floor, Los Angeles, CA 90071-2228 telephone 213-683-6000 / facsimile 213-627-07051 internal www,paulhastings.com Atianta/ Beijing/ Brussels! Chicago/ Hong Kong) London/ Los Angeles/ Milan/ New Yorld Orange County! Palo Alto/ Paris/ San Diego/ San Franciscol Shanghai/ Stamford/ Tokyo/ Washington, 0 C. Pau lHastings Monroe County April 23, 2007 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1598854 Attn: Suzanne Hutton PHJ&W Tax ID No, 95-2209675 FOR PROFESSIONAL SERVICES RENDERED for the period ending March 31, 2007 Galleon Bay Carp. Date Timekeeper 03/01/07 Derek V. Howard 03/02/07 Derek V. Howard 03/05/07 Derek V. Howard 03/06/07 Derek V. Howard 03/06/07 Robert H. Freilich 03/07/07 Derek V. Howard Description Review trial record and legal research regarding issues raised in Galleon Bay's reply brief Review trial record and legal research regarding issues raised in Galleon Bay's reply brief Legal research and outline arguments For reply brief in appeal of new trial order Review message from J. Glogau regarding trial record; review State of Florida's latest draft reply brief in appeal of new trial order; prepare reply brief Legal research for reply brief regarding Wheeler 1V and Harrington v. County of Sonoma Prepare reply brief in appeal of new trial order $36,947.50 Hours Rate Amount 8.10 315.00 2,55150 7.60 315.00 2,394.00 3.10 315.00 976.50 8.50 315.00 2,677,50 1.40 685.00 959.00 6.30 315.00 1,984,50 Monroe County 58551--00003 Invoice No. 1598854 Page 2 Date Timekee er Description Hours Rate Amount 03/08/07 Derek V. Howard Prepare reply brief in appeal 4.50 315.00 1,417.50 of new trial order; prepare correspondence with R. Freilich regarding same 03/08/07 Robert H. Freilich Prepare reply brief 3.80 685.00 2,603.00 03/09/07 Derek V. Howard Prepare reply brief in appeal 7.10 315.00 2,236.50 of new trial order; prepare correspondence to and conference with J. Glogau regarding same 03/09/07 Robert H. Freilich Prepare reply brief 4.20 685.00 2,877.00 03/ 10/07 Derek V. Howard Prepare reply brief in appeal 4.80 315.00 1,512.00 of new trial order 03/11/07 Derek V. Howard Prepare reply brief in appeal 6.50 315.00 2,047.50 of new trial order 03/12/07 Derek V. Howard Prepare reply brief in appeal 8.20 315.00 2,583.00 of new trial order; prepare correspondence to J. Glogau, R. Freilich and B. Shillinger regarding same; conference with J. Glogau regarding reply briefs 03/12/07 Michael F. Lukens Review reply brief prepared 1.40 365.00 511.00 by D. Howard prior to Filing 03/12/07 Robert H. Freilich Prepare reply brief 2.80 685.00 1,918.00 03/13/07 Derek V. Howard Prepare and file reply brief in 7.50 315.00 2,362.50 appeal of new trial order; conference with R. Freilich regarding same; review summary of argument filed by State of Florida; prepare correspondence to J. Glogau regarding electronic filing of State` brief 03/13/07 Michael F. Lukens Review reply brief prepared 0.50 365.00 182.50 . by D. Howard prior to filing 03/13/07 Robert H. Freilich Telephone conference with 1.50 685.00 1,027.50 D. Howard Monroe County 58551-00003 Invoice No. 1598854 Date Timekeeper Description 03/14/07 Derek V. Howard Review final reply brief by State of Florida in appeal of new trial order 03/19/07 Derek V. Howard Travel to Miami from Key West for oral argument on appeal of new trial order; conference with J. Glogau regarding same 03/20/07 Derek V. Howard Attend oral argument in Miami on appeal of new trial order; post -argument conferences with J. Glogau and B. Shillinger; return travel to Key West Total Fees Page 3 Hours Rate Amount 0.80 315.00 252.00 7.30 315.00 2,299.50 5.00 315.00 1,575.00 100.90 Timekeeper Summary Robert H. Freilich 13.70 hours at Derek V. Howard 85.30 hours at Michael F. Lukens 1.90 hours at For Costs Incurred and Advanced Courier Service Long Distance Telephone Charges Total Costs $36,947.50 685.00 $315.00 $365.00 �P 36.02 42.68 $78.70 Monroe County 58551-00003 Invoice No. 1598854 Current Fees and Costs Due Prior Balance Due Total Balance Due Page 4 $37,026.20 $408,751.76 $445,777.96 Paul, Hastings, Janofs€cy & Walker LLP Supporting Documentation for Disbursements Monroe County Tab 0 utter Name 1 Galleon Bay Corp_ Galleon Bay Corp. LA -Doc ft 700959 Cost Incurred and Advanced: PHJW Number Inv. #i Amount Description 58551-00003 36.02 Fedex Long Distance Telephone 58551-00003 42.68 Charges 78.70 Paul Hastings f V34 Shipment Datail by Shipper Account and Flelerencc w laa* LOS ANGELES �scrm+ R xv?:unu _msp.. CuewM 6y Gr Aecp- I;m"aary Giv Sr W1 e: Sx G2.: r�sr Slmo & cmun111umG¢.. G'.41/&]11 r: �l ltlFL'Isi:l,.e ll/rGkataTfQi lYitGt_31P �Y J:&°E33s�i1 Pp6L�T 11 Asln LY" G R3B_RTII l}�.4Si0E G�'JIRI' !FY''eiET R Im F ur, 3GCi XV2 )i 5M7 PREW1,,H 3L�ilIW% AM;EU PA!(KH)a1 Apr 06 2007 10:42:29 PRECOST TABLE REPORT Page: 1 Control Cost Transaction Ledger Lae Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr. 58551-00003 25052310 172464 211 021407 PHJW 1.32 1.00 1.32 SCOST LA P 295869 031307 b_acs USER -DEFINED FIELD 1: DIANE FOWLER USER -DEFINED FIELD 2: 5507 DESCRIPTION: User: 1SCC Batch: 1T58 Time: 10:05 Duration: p0003.00 Phone Number: 3052923411 3052923411 10:05 3 5507 DIANE F 25052312 172464 211 021407 PHJW 1.76 1.00 1.76 SCOST LA P 295869 031307 b_acs USER -DEFINED FIELD 1: DIANE FOWLER USER -DEFINED FIELD 2: 5507 DESCRIPTION: User: 1SCC Batch: 1T58 Time: 12:06 Duration: 00004.00 Phone Number: 3052923470 3052923470 12:06 4 5507 DIANE F 25069371 172610 211 022607 PHJW 7.04 1.00 7.04 SCOST LA P 295717 031207 b_acs USER -DEFINED FIELD 1: Freilich, Robert USER -DEFINED FIELD 2: 6314 DESCRIPTION: User: 1ATT Batch: 1T67 Time: 11:38 Duration: 00016.00 Phone Number: 3052923470 3052923470 11:38 16 6314 Freilic 25115556 173317 211 030507 PHJW 4.40 .1.00 4.40 SCOST WDC P 295717 030607 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T96 Time: 10:57 Duration: 00010.00 Phone Number: 8167771012 8167771012 10:57 10 1842 Howard, 25115557 173317 211 030507 PHJW 0.44 1.00 0.44 SCOST WDC P 295717 030607 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T96 Time: 10:41 Duration: 00001.00 Phone Number: 3052896065 3052896065 10:41 1 1842 Howard, 25115558 173317 211 030507 PHJW 0.88 1.00 0.88 SCOST WDC P 295717 030607 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T96 Time: 10:33 Duration: 00002.00 Phone Number: 3056636611 Apr 06 2007 10:42.29 PRECOST TABLE REPORT Page: 2 Control Cost Transaction Ledger Loc VaLid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code FLag Batch Modified Optr. 3056636611 1D:33 2 1842 Howard, 25115559 173317 211 030507 PHJW 0.44 1.00 0.44 SCOST WDC P 295717 030607 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T96 Time: 10:44 Duration: 00001.00 Phone Number: 3052961347 3052961347 10:44 1 1842 Howard, 25115560 173317 211 030507 PHJW 3.52 1.00 3.52 $COST WDC P 295717 030607 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: Laser: 3ATT Batch: 3T96 Time: 10:47 Duration: 00008.00 Phone Number: 8167771012 8167771012 1D:47 8 1842 Howard, 25119972 173349 211 030607 PHJW 0.44 1.00 0.44 SCOST WDC P 295717 030707 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T97 Time: 12:07 Duration: 00001.00 Phone Number: 3052892517 3052892517 . 12.07 1 1842 Howard, 25135402 173510 211 030907 PHJW 15.84 1.00 15.84 SCOST WDC P 295717 031307 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3TOO Time: 14:56 Duration: 00036.00 Phone Number: 8504143817 8504143817 14:56 36 1842 Howard, 25135642 173513 211 031207 PHJW 1.76 1.00 1,76 SCOST WDC P 295717 031307 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3TO3 Time: 17:07 Duration: 00004.00 Phone Number: 8504143817 8504143817 17:07 4 1842 Howard, 25151969 173789 211 031407 PHJW 4.84 1.00 4.84 SCOST WDC P 295958 031507 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3TD5 Time: 14:19 Duration: 00011.00 Apr 06 2007 10:42:29 Control Cost Matter Number Counter Group Code MATTER TOTAL: GRAND TOTAL: PRECOST TABLE REPORT Transaction Date Tkeep Quantity Rate Phone Number: 3058527100 3058527100 14:19 11 42.68 42.68 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 12 $42.68 FIRM ENTRIES $.DO TOTAL: 12 $42.68 Page: 3 Ledger Loc Va€id Posting bate Mod. Amount Code FEag Batch Modified Optr. 1842 Howard, 42.68 42.68 Meeting mate: July 18, 2007 Bulk Item: Yes x No Division: County Attorney Staff Contact Person: Bob Shillinger, ext. 3470 AGENDA ITEM WORDING: Approval of April 2007 invoice in the amount of $31,185.00 from Paul Hastings for services regarding Emmert V Monroe County, Case No. 02-CA-520-P. + M BACKGROUND: The Paul, Hastings firm is defending the County in the Emmert matter, -which is an inverse condemnation and vested rights case. Trial was held in April 2007. The invoice is for work performed preparing for and at trial. PREVIOUS RELEVANT BOCC ACTION: BOCC approved hiring Paul Hastings for this matter in 2005. The Board approved revised contract rated on March 21, 2007. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval. TOTAL, COST: $31,185.00 BUDGETED: Yes —No COST TO COUNTY: $31,185.00 SOURCE OF FUNDS: VENUE PRODUCING: Yes No _ AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required Revised 2/05 PAUL, HASTMGS, ,JAiOFSKY & VVALKEii LLP 515 South Flower Street, 25" Floor, Los Angeles, CA 80071-2228 telephone 213-683-6000 / facsimile 213-627-0705 1 internet www,pauihastings-com Atlanta/ Beijing/ Brussels/ Chicago/ Hong Kong/ London/ Los Angeles/ Milan/ New Yorld Orange County/ Palo Alto/ Paris/ San Diegol San Francisco] Shanghai/ Stamford! Tokyo/ Washington, D.G. PaulHasfings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton County Attorney SUMMARY SHEET Dr. Gregor Emmert PHJ&W LLP File# 58551-00005 Robert H. Freilich Legal fees for professional services for the period ending April30, 2007 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 33rd Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Wall er LLP Comment: Please refer to the invoice number listed above. PIECDEIVED dUN 0 4 W11 �10NROE COUMTY AT TORMEY May 30, 2007 Please refer to Invoice Number: 1608123 PHJ&W Tax ID No. 95-2209675 $32,319.00 5,890.38 $38,209.38 $45,788.32 $83,997.70 Remittance Address: Paul, Hastings, Janofsky & 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.com. PAUL, WASTINGS, JANOFSKY c`�+ WALKER LLP 515 South Flower Street, 25'h Floor, Los Angeles, CA 90071-2228 telephone 213-683-00001 facsimile 213-627-07051 internet www-paulhastings-com Atlanta/ Beijing! Brussels/ Chicago/ Hong Kong/ London/ Los Angeles/ Want New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo! Washington, D.C. PaulHastings Monroe County May 30, 2007 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1608123 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 County Attorney Dr. Gregor Emmert PHJ&W LLP File# 58551-00005 Robert H. Freilich Legal fees for professional services for the period ending April 30, 2007 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 33cd Street New York, Nexv York 10001 Account Ntunber: 14599-04796 Account Name: Paul, Hastings, )anofsky & Walker LLP Comment: Please refer to the invoice number listed above. $32,319.00 5,890.38 $38,209.38 $45,788.32 $83,997.70 Remittance Address: Paul, Hastings, Janofsky & 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(cr�7paulhastings.com. Monroe County 58551-00005 Invoice No. 1608123 REMITTANCE COPY (cons.) Summary of Prior Balance Due Page 2 Invoice Invoice Payments/ Date Number Amount Trus�nl,. Credits Balance Due 04/25/06 1514538 $25,633.79 $25,045.50 $0.00 $588.29 05/25/06 1521789 $8,198.64 $7,075.50 $0.00 $1,123.14 06/23/06 1528096 $8,452.06 $5,147.36 $0.00 $3,304.70 07/24/06 1534951 $1,446.72 $874.50 $0.00 $572.22 08/16/06 1539227 $5,588.50 $3,487.25 $0.00 $2,101.25 10/16/06 1551990 $637.50 $397.50 $0.00 $240.00 11/22/06 1562728 $10,321.67 $6,685.77 $0.00 $3,635.90 12/29/06 1572333 $517.92 $325.92 $0.00 $192.00 03/27/07 1590102 $3,696.83 $0.00 50.00 $3,696.83 04/23/07 1598855 $30,333.99 $0.00 $0.00 $30,333.99 Total Prior Due $45,788.32 Balance Due $83,997.70 PAUL, HASTINGS, JANCIFSKY & WALiMP. LLP 515 South Flower Street, 25t" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-527-07051 internet www.paulhastings-corn Atlanta/ Beijing/ Brussels/ Chicago/ Hong Kong/ London/ Los Angeles[ Milan/ New Yorlu Orange County/ Palo Alto/ Parisi San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Pau I Hastings Monroe County P.O. Box 1026 I-ey West, FL 33041-1026 Attn: Suzanne Hutton County Attorney FOR PROFESSIONAL SERVICES RENDERED for the period ending April 30, 2007 Dr. Gregor Emmert Date Timekeeper 04/01/07 Derek V. Howard 04/02/07 Derek V. Howard 04/03/07 Derek V. Howard Description Prepare 57.105 motions, argument and examination outlines, and legal memoranda for trial Prepare correspondence to M. Conaway regarding expert review and testimony; review correspondence from J. Haberman regarding 1986 LDRs; prepare affidavit of B. Bender; prepare for trial Telephone conference with B. Bender's office and M. Marr regarding testimony schedule; prepare affidavit of M. Conaway May 30, 2007 Please refer to Invoice Number: 1608123 PHJ&W Tax ID No. 95-2209675 $32,319.00 Hours Rate Amount 3.50 315.00 1,102.50 6.50 315.00 2,04750 5.00 315.00 1,575.00 Monroe County 58551-00005 Invoice No. 1608123 Date Timekeeper 04/03/07 Derek V. Howard 04/04/07 Derek V. Howard 04/04/07 Derek V. Howard 04/04/07 Noah Perch -Ahern Description Telephone conference with A. Trivette regarding existing conditions maps and notice to produce at trial; prepare correspondence to A. Tobin regarding Plaintiffs' request for pretrial conference; review online docket for entry of order on pretrial conference; prepare affidavit for B. Bender Review notice of hearing regarding Plaintiffs' motion for clarification of order setting trial Prepare correspondence to ]. Glogau and D. Edlow requesting D. Craid affidavits Bled in Collins and review same; prepare correspondence to M. Conaway regarding expert testimony; prepare notice of objections to plaintiffs' request for pretrial conference; review correspondence from A. Tobin regarding unilaterally scheduled pretrial conference and conferences with Judge's chambers regarding same; prepare for trial Conduct legal research to determine the circumstances under which courts may order separate trials or severance of a case; draft memorandum to D. Howard regarding same Hours Rate 3.70 315.00 0.20 315.00 8.60 315.00 3.60 315.00 Page 2 Amount 1,165.50 63.00 2,709.00 1,134.00 Monroe County 58551-00005 Invoice No. 1608123 Date Timekeeper 04/05/07 Derek V. Howard 04/06/07 Derek V. Howard 04/07/07 Derek V. Howard Description Prepare and file response in opposition to plaintiffs' motion for clarification of order setting trial; legal research regarding severance and separate trials; prepare for and attend hearing on plaintiffs` motion for clarification; conference with T. Marr regarding separate trial on inverse condemnation count; prepare correspondence to A. Trivette and M. Conaway regarding trial testimony Telephone conference with A. Tobin regarding joint pretrial stipulation; prepare draft joint pretrial stipulation and distribute to A. Tobin for review; prepare witness and exhibits disclosure; prepare correspondence to A. Tobin requesting disclosure of witnesses; prepare for trial; conferences with B. Bender regarding affidavit Review plaintiffs' unilateral pre-trial stipulation; prepare Monroe County's pre-trial stipulation; legal research regarding reliance on advisory county attorney opinions and unauthorized representations; prepare legal memoranda for trial Hours Rate 8.80 315.00 9.00 8.50 04/08/07 Derek V. Howard Travel to and prepare for 8.30 trial in Plantation Key; telephone conference with M. Conaway 315.00 315.00 315.00 Page 3 Amount 2,772.00 2,835.00 2,677.50 2,614.50 Nionxoe County Page 4 58551-00005 Invoice No. 1608123 Date Timekeeper Description Hours Rate Amount 04/09/07 Derek V. Howard Attend trial in Plantation 9.00 315.00 2,835.00 Key; post -trial conference with M. Conaway; prepare for next trial day 04/10/07 Derek V. Howard Conferences -with M. 9.30 315.00 2,929.50 Conaway and A. Trivette in Marathon regarding trial; review vested rights files maintained by planning department; prepare examination outlines for E. Koconis and H. Emmert; conference with B. Bender regarding trial testimony; outline motion for directed verdict on Counts I and I1 04/11/07 Derek V. Howard Attend trial in Plantation 9.10 315.00 2,866.50 Key; prepare for next trial day with M. Conaway 04/12/07 Derek V. Howard Prepare for and attend trial 9.00 315.00 2,835.00 in Plantation Key 04/16/07 Derek V. Howard Review voice message from 0.40 315.00 126.00 B. Shillinger regarding scheduling conflict with closing argument on May 15; prepare correspondence responding to same 04/17/07 Derek V. Howard Review correspondence 0.10 315.00 31.50 from A. Tobin regarding closing argument Total Fees 102.60 $32,319.00 fry Timekeeper Summary _ Derek V. Howard ryNoah 99.00 hours at $315.00 Perch -Ahern 3.60 hours at 5315.00 Monroe County Page 5 58551-00005 Invoice No. 1608123 For Costs Incurred and. Advanced Airfare 820.74 Court Reporting Services 1,350.00 Meals 346.00 Lodging 1,142.60 Taxi/Ground Transportation 395.36 Long Distance Telephone Charges 74.58 Photocopy Charges 798.60 Facsimile 22.50 Outside Professional Services - - Marr & Associates Appraisal Company, Inc. 940.00 Inv.#C1798A, dtd 041007. Re: Appraisal Services Total Costs $5,890.38 Current Fees and Costs Due $38,209.38 Prior Balance Due $45,788.32 Total Balance Due $83,997.70 Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements Monroe County Tab 0 Matter Name PHJW Number Inv. # Amount Description 1 Dr. Gregor Emmert 58551-00005 820.74 Airfare 2 Dr. Gregor Emmert 58551-00005 1,350.00 Court Reporting Services 3 Dr. Gregor Emmert 58551-00005 346.00 Meals 4 Dr. Gregor Emmert 58551-00005 1,142.60 Lodging 5 Dr. Gregor Emmert 58551-00005 395.36 Taxi/Ground Transport. 6 Dr. Gregor Emmert 58551-00005 940.00 Outside Professional 7 Dr. Gregor Emmert 58551-00005 74.58 Long Dist. Tel. Charges 8 Dr. Gregor Emmert 58551-00005 798.60 Photocopy Charges 9 Dr. Gregor Emmert 58551-00005 22.50 Facsimile 5,890.38 Total Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM RECEIVED BY DATE SUBMITTED: April 16, 2007 ACCOUNTS WYA13LE EMPLOYEE NAME: Derek Howard APR OFFICE: WashingtonS PAUL9 . D.C. _ � PAYMENT TYPE: NGS ® DIRECT DEPOSIT ❑ LIVE CHECK ! f 1 a Attach here, ORIGINAL receipts for all amounts greater than $25- Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. nA 1631838 DESCRIPTION CLIENT MATTER/ } REIMBURSE- APPROVED DATE L{include business purpose, names, and location) FIRM CHARGE 11 MENTAMOUNT By 113 to 58551.00003 IS`3 3- W8/07 Airfare from Ft. Lauderdale to Washington, DC 1 /3 to 58551.00002 219.40 RF 1113 to 58551.00005 / Reward, Derbk V. From: reservations@spiritair.com Sent: Tuesday, Marcie 27, 2007 10:42 PM To: Howard, Derek V. Subject: Confirmation Thank you for booking with Spirit Airlines. Your flight confirmation is below. Please review and retain for your travels. Confirmation information: Reservation date: 27Mar2007 Record Locator: KPXBX2 Reservation for: HOWARD/DEREK Adult 1 28Mar2007 NK816 L (, Non -Refundable) 07:35pm FT LAUDERDALE/HOLLY4TOOD INTL (FLL) 09:59pm WASHINGTON REAGAN NATIONAL (DCA) Fare breakdown ADULT Fare 138.61 USD, 2.50 USD, US 911 Security fee •10.39 USD, US FET 4.50 USD, US Passenger Facility Charge 3.40 USD, US Segment Tax -------------- Total Fare 159.40 USD -------------- The "Total paid" amount is inclusive of voucher and credit card payments combined, when applicable. We encourage you to reconfirm your reservation one week in advance of scheduled travel by visiting www.spiTitair.com. You can select your seats, obtain boarding passes, modify and cancel your reservation online by following the steps below. Seat Assignments Please review the guidelines below when selecting your seats online at spiritair.com. Please note that only reservations made through spiritair.com and the Spirit Reservations Center are eligible for advance seat assignments. Seat assignments are available within 90 days and up to 1 hour prior to each flight's departure. Online seat assignments are based on availability and may not be open for your flight. Other restrictions may prevent you from obtaining an advanced seat assignment. Remember you may always have your seat assigned at the airport on the dayof departure. If a seating assignment request cannot be selected for your outbound flight please continue the process, as seat assignments may still be available for your return trip. 1 « Steps for selecting your seats: I. Click on the link provided in your confirmation email or go to: https://www.spy.ritair.com/Welcome_aspx?pg=bkgModManager 2. Enter your last name along with the Record Locator provided in this confirmation email and click on the "Search Now" button. 3. Click on the "Assign Seats" button. 4. Click on a seat in the graphical seat display. 5. Click on the "Next" button to request seats on return flight, if applicable. 6. Click on a seat in the graphical seat display. 7. Click on the "Next" button to review the seats you selected. S. Click on the "Reserve" button to confirm you seating request. 9. Click "OK" to confirm your selected seats_ The seats you selected will be displayed. You will receive an email confirming your seat selection. Boarding Passes Please review the guidelines below when printing your boarding pass online at spiritair.com. After your seats have been assigned, you may check --in to print your boarding passes within 24 hours and up to 1 hour prior to each flight's departure. You may always obtain boarding passes at the airport on the day of departure. Boarding passes may be printed online, but check -in at the airport ticket counter on the day of departure is required for passengers checking luggage.' Boarding passes may not be printed online for passengers traveling as unaccompanied minors, passengers traveling with pets, group_ reservations and reservations containing international destinations. Other restrictions may prevent you from printing your boarding pass online. Steps for printing your boarding pass: Please note that once you print your boarding pass, you may not change your seat assignments. 1. Click on the link provided in your confirmation email or go to: https://www.spiritair.com/Welcome.aspx?pg=bkgModManager 2. Enter your last name along with the Record Locator provided in this confirmation email. 3. Click on the "Boarding Pass" button. A. Your boarding pass will display. 5. Click on the print icon in your Web browser to print your boarding pass. Changing/Canceling Your Reservation For the list of rules regarding changes or cancellations, please click below to review the Spirit Airlines Terms and Conditions. http://www.spiritair.com/asp_popup/popup_terms-conditions.aspx Steps for modifying or canceling your reservation online: 1. Click on the lank provided in your confirmation email or go to: https://wwzr.spiritair.com/Welcome.aspx?pg=bkgModManager 2. Enter your last name along with the Record Locator provided in this confirmation email. 3. Select the flight you would like to change. 4. Click on the "Change" button 5. Select the new flight or date. 6. Confirm your new selection and click on the "Check out" button. 7. Enter your credit card if applicable. 8. Click on the "Book Reservation" button. 2 Review your new summary page. You will receive an email confirming your itinerary changes. When modifications are made you are required to reselect your seats and obtain new boarding passes. Day of Departure Effective January 8, 2007, all U.S. citizens (including infants and children) :ill need a valid passport to travel to and from Bermuda, Canada, Mexico, Central and South America, and the Caribbean (excluding Puerto Rico and the U.S. Virgin Islands). Please visit the U.S. Department of State for further details. Check -in begins three (3) hours prior to departure at the Spirit Airlines ticket counter. Spirit reserves the right to cancel the reservation or seat assignment of any passenger who does not have a boarding pass at least 30 minutes prior to scheduled or posted departure; 45 minutes for Atlanta, Las Vegas, Los Angeles and San Francisco, and 60 minutes for all international flights and St. Thomas. Due to additional TSA screening requirements and/or international security procedures, customers wanting to check baggage are required to do so at the ticket counter at least 30 minutes before departure; 45 minutes for Las Vegas, Los Angeles, Atlanta and San Francisco; and 60 minutes for all international flights. Customers presenting themselves at the boarding gate less than fifteen (15) minutes before the departure (30 minutes for international flights) may lose their reservation and become ineligible for denied boarding compensation. For further assistance you may contact the Spirit Airlines Reservations Center by calling toll free 800-772-7117 or en Espanol al 800-756--7117. Thank you for choosing Spirit Airlines. Enjoy your travels. 3 Paul, Hastings, danofsky & Walker LLP EXPENSE REIMBURSEMENT FORM ftEGE1�� 8Y DATE SUBMITTED: April 16, 2007 ACCOUN-fS pAYA13LS EMPLOYEE NAME: Derek Howard NPR OFFICE: _Washington. D.C.pAU6�. y , JCS'" PAYMENT TYPE: i ® DIRECT DEPOSIT ❑LIVE CHECK Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. 1631838 DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE (include business purpose, riames, and location) FIRM CHARGE MENT AMOUNT BY 3116/07 I Airfare from Washington, DC to Ft Lauderdale 113 to 58551.00003 170.39 RF (Galleon Bay Oral Argument in Miam^ , Emmert & 113to 58551.00005 5 ' Collins trial preparation 1/3 to 58551.00002- Orbitz: Travel Document Wage I of 3 From: ©rbitzTLC [travelercare@orbitz.com] Sent: Thursday, March 15, 2007 10:06 AM To: Howard, Derek V. Subject: Travel Document - Fort Lauderdale 3116/07 ' W � Hello Derek, March 15, 2007 Thanks for traveling with Orbitz. This e-mail confirms the ticket This purchase is subject to our number(s) issued for the "Fort Lauderdale 3116MV trip. Privacy Polio and our Terms and Conditions. Please review the ticket information: Billing Information At the airportG Please note: you will see Enjoy a hassle -free airport experience with these travel tips separate charges for this from OrbitzTLC: purchase totaling the purchase -- Remember to bring a valid government -issued photo ID to amount. the airport. Check specific visa and passport requirements. Credit card holder's name: -- Obtain your boarding pass before entering the security DEREK V HOWARD checkpoint. See more check4n ti s Credit card type: Visa Credit card number: -- Plan ahead and arrive early for airport security. Please x*oax000000c3875 review these updated security and packing guidelines, as they may change periodically. Address: 875 15TH STREET Check -in Information Because you're traveling with an e-ticket, no ticket will be WASHINGTON, DC 20005 mailed to you. United States E-Mail: Ticket Informationderekhoward@paulhastings.com Passengers): DEREK HOWAD U5 Airways record locator: C1 PF7C Ticket type requested: electronic (e-ticket) i = Orbiit record locator: API 1010135FIZ45R I OrbitzTLCSM Alerts Airline ticket nurnber(s): 0377666533475 We automatically send alerts about flight status, delays and Have your travel plans changed? Many tickets can be l cancellations. Orbitz will send exchanged or cancelled online by visiting "My trips!'and alerts to your Mobile phone - ciicking the Change/cancel airline ticket option. voice: 202-631-8136 Friday, March 16, 2007 US Airways # 1611 l3,pda'L alerts setup 4/16/2007 i Orbitz: Travel I3ocurnent Page 2 of 3 Washington Ronald Reagan National (DCA) to Fort: Lauderdale International (FLL) Departure (DCA): March 16, 8:35 AM EDT (morning) Arrival (FLL): March 16, 11:06 AM EDT (morning) Fare Basis Code: TAON 1 K Class: Economy Seat assignment: 31 D VIP FL 0_aR e r'ea�s Passenger: DEREK HOWAD Airline ticket nurnber(s): 0377666533475 Ticket type: electronic (e-ticket) Base Fare : $154.001JSD Taxes : $16.39USD Service fee: $5.9 Total trip cost. 170.39 USD Unless otherwise specified, all costs are provided in US dollars. Please note that your fare may carry restrictions. Changes to your itinerary may result in additional fees. Review the fare rules in "My Trip" to learn more. Important notice related to ticket Lein ar9�i corzdiiio�s. Schedule Changes You may receive an e-mail from Orbitz if a schedule change occurs prior to or during your trip. Such changes also will be noted in "AW Trips". We recommend you check there periodically before your trip. If there are changes to the flight(s), bring a printout with the updated itinerary and ticket number(s) to the airport. You can use the e-mail that comes 2-3 days before departure. Lastly, you can always look up your reservation under "My Trips" or on your mobile at mobile.orbitz.com. If you have any questions, you can a -mail us. Thank you for choosing Orbitz. Enjoy your trip! OrbitzTLC Team A.S. Need an answer? Check out our Customer Service Learn more aboug OrbitzTLC Alerts .— New! Look up your itinerary and flight status on your mobile phone at mobile.orbitz.com. Learn more Orbitzextras AIRLINE TICKET PROTECTOR Protect against trip cancellations and interruptions with Access America, an Orbitz partner. Coverage is available for a non- refundable airline ticket up to $3,000. I mportant limitations apply. Buv Airline Ticket Protector 4/16/2007 Paul, Hastings, ,lano%ky & Walker LLP EXPENSE. REIMBURSEMENT" FORM DATE SUBMITTED: April 16, 2007 EMPLOYEE NAME: Derek Howard OFFICE: Washington, D.C.. PAYMENT TYPE: ® DIRECT DEPOSIT ❑ LIVE CHECK Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express iECEivw ACCOUNTS I� BY Without statements are not acceptable. the original receipts, expenses will not be reimbursed. APR �. 9 2007 L9 HASTINGSl rr 1637339 I DESCRIPTION DATE (include business purpose, names, and location) 3107 Airfare from Ft. Lauderdale to Baltimore, MID CLIENT MATTER/ REIMBURSE- I APPROVED FIRM CHARGE I MENT AMOUNT BY 5B551.00005 297 15 k1FD8Y Al�L9.SW OILY 43i PASSENGER TICKET Ama BAGGAGE CHECKSOUTHMMARLIMM Wa=TOmrrxrpmcFcomv=ONpZMu =G �I k"iSYE6 ttN87�LWOFiIYdF D l as" �n a� PAr. n"aaam } +a �r� € .�MY�Tmou cpirm KE,SYPH'3TAFAT1 pmwOPODU r # pml PASSENGER RECE t PT I k ' a f r� Aaril�o ora �osr nCz�rB � � � . WGRATURZ OF CARDHOLDEn us 0A7EOPZtM PLAM OF rssu`a K tru cPrA r Fr- - — —h,,. PR 0 7 �F ATO Aa�+cco� '# mom" � W QIDEREf� ICBrA8C3 !!1N ap �+ CAM EA FU[tT1T >u78pj- iEt4^ MANS -' 11 A=a Q IXO TO PLOT �ID FOR TRAVEL BRENTL PAPoE &AS �EGKJiATGuI F E FLLBWlWN1282 Y13APRj R NOT V/Lo - IT VAs}p AP7CA t •k i q b @ -S 4 4 A A 4 M S$$ y b*# 4 e� . "excsuex;eFM COlUInR-.r30tI77CKffi6 I �$ p [) i ' I <' A t 1 A A t R t t A a A A A A A• R A g f ` 14 y!,� 47 ![ � 1 � i ��1, I'PGgi)T AYO UU\ fT� �< h A Y M f 9 A• A Y YI N* 4 i. � iP i i /. I•!4 bA*ii 4 #9 $v **A *A44*g L L .���-1 . � ,�L CY jam, � l i. •♦« A w• k« 1* p i 4 i f A. 4 +F fTAr7E �VN. P1f1E Pd1 ALLDw Pca Wi UNM c i r �Lry� ]gi��/LL[- 'TAX 51[1Q[�13fi uiF J= �4TNtL!t�$i?ODa€i0 IX VALID FOR TRAVEL,TRAVEL1 I ,-s.o_0.00..-0.0 0435138538.? �—fOT B WN482112A473 i 10 WN48211128473 0 n,Cl5,i�_rII.p.� f I. 0D t=WKOM VM= M 1"E Y&M AREA AOM I %' 76d�i+l A �1 T aAAr'c`r7Tu `w ' n o L cr+r wveCH, Ma=mWam oWc)4 SOUTHWMAIRLDIM y PATUa1i3BiAGCMYYddCt TRI3TNYSNyp7JCtCfQ6CA/P1VyUaNiGAFp PASSENGER RECEIPT � 8 �� FlO AErVtIn 031 LEr1'ftiCFiE'(3 4x srcr&nTu�eoFa~AA nr Xu MA GM ra Pa I OFPAS5Mxvj� r IIATXOFr`am PUCEpcFq� US 1- ().WA,R.i7.!_D.EREK_ l I i PASE@NOfjj—� __. �, F' R 0 7 �° T O glIPWt alDEREK }T JAL1DEf2i]ALE I"ouml L NOT VA6IIR TRA�TV rmTv i}e�EfVTL FLLBWIIbAE9282 Y93AP12 , T i� SA L T_I,MO R E _ �Mc WAS.HNT 6 csstmwnm,Arai----ccwu,:cnooF�or�xa - - - - - I - ,.I Ala \ I_ - ` - - - - - - .. .... - - _ _ _ " �6 ; •-!r I - - - - - - - - - - - - - - - - - ti f±P !3A X)ppC00000UC13875 HUMV EEREIU V OC AUTE?i-OME- 16915/1 EXT Fr-FLLM 220. 47Y �- - _ _ - _ - - - - - - ' LXFFLL4.5AY2.5 FAPoE $ 0220.47 .•' COW. FAA{PR Aloes PM w uiam �- - - - _ _ _ - - - ` - - - - - - - - - TAx 0 D S 9 . 9 3 ''0 w ar uFF ocra �eA r+n afn c� F 7AX y� jOT VALID FOR TRAVEL 0435138535b 9 W 4621128472 6 iD WN4829128472 6 L 0.2 7 - 4.[II ; Do rrOfFVJL`c On wets vF 7rf¢s»urt AATAAi OVB i '-0 Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: April 16, 2007 EMPLOYEE NAME: Derek Howard OFFICE:, Washington, D.C- PAYMENT TYPE: DIRECT DEPOSIT ❑ LIVE CHECK Attach here, ORIGINAL receipts for all amounts greaterthan $25. Copies of charge EN slip received with American Express RECEIVED ACCOUNTS 4�ABY statements are not acceptable- Without the original receipts, expenses will not be APR 19 2007 reimbursed. L ST � 1 !. I►If �� �� 163133 DESCRIPTION CLIENT MATTED! REIMBURSE- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY 4/05/07 Airfare from Washington, DC to Miami 58551.00005 393,40 RF Trial in Plantation Key, FL I� a eTicket Page I of 2 oward; Oere V. From: American Airlines@aa.com [notify@aa.giabainotifications.com] Sent: Friday, April 06, 2007 10:48 PM To: Howard, Derek V. Subject: E-Ticket Confirmation Date of Issue: 06APR07 Derek V Howard: Thank you for choosing American Airlines I Americans Eagle, a member of the oneworld' Alliance. Below are your itinerary and receipt for the ticket(s) purchased_ Please print and retain this document for use throughout your trip. Record Locator: EOVTYR You may check in and obtain your boarding pass for U.S. domestic electronic tickets within 24 hours of your flight time online at AA.com by using www.aa.com/checkin or at a Self -Service Check -In machine at the airport. Check -in options may be found at www.aa.com1o9ions. You must present a govemment-issue photo ID and either your boarding pass or a priority verification card at the security screening checkpoint. M= Book car _ � Buy by imraneq 4/16/2007 y n1-S.1-i.peTicket Page 2 of 2 Record Locator: EOVTY Flight Departing Arrivin Booking Carrier Lumber I city Date & Time City Time Code 1965 WASHINGTON SUN 08APR MIANII INTERNTNL 1:15 Pf L REAGAN 10:45 AM American Airlines Derek Howard Economy Seat 12A Food For Purchase PASSENGER TICKET NUMBER FARE-USD TAX TICKET TOTAL DEREK HOWARD 0012132589167 188.84 24.56 213,40 Payment Type: American Express XXXXXXXXXXXII013 Total: $213.40 You have purchased a NON-REFUNDABLE fare. The itinerary must be canceled before the ticketed departure time of thf first unused coupon, or the ticket has no value. If the fare allows changes, a fee may be assessed for changes and restrictions may Ipply. Electronic tickets are NOT TRANSFERABLE. Tickets with nonrestrictive fares are valid for one year from oripinat da of Issue. If you have questions regarding our refund policy, please visit a vww.aa.comhefunds. To change your reservation, please call 1-800-433-7300 and refer to your record locator. Check -in times will vary by departure location. In order to determine the time you need to check -In at the airport, please v1s t www.aa.com/aitportexpeciations. If you are traveling Intemationally, please ensure that you have the proper documentation. All necessary travel documents for the countries being visited must be presented at airport check -in_ Check with the consulate of these countries to determine the documents required. Additional information can be found at IntemationaI Travel. �ev A summary of Terms and Conditions of Travel is available by seiecttng the Conditions of Carriage button below. Hy p:P a^•n s a I spZia VA C Y '1 11?I } ihise rtiqa�3E ad€ s as n l�� NRID:1525626035580821462664200 Ijp We know why You NY' Ci to l AA.com ME, 4/16/2007 AmericanAirlines' Pi.SSERGER NMi HOWAR•D/DEREK lq.ijD6er of Excess Bags 80.00 USG i Fee Charged 80.00 USD tir=_dit Caro AX XXXXXXXXXXXIO13 =_!6s41 DA?E �E3 APRCIL 09, 2007 went- DCA-SSN 001 2600872709 SFJFSE�riCE CpPJ 13A1 i� ajjv S�;11) CHIECFI REQUISITION Payable to: Court Reporters of ICeyest Date: (include all information to be typed on the face of 302 Southard Street, Suite 107 Amount: check) Key West, FL 33040 DESCRIPTION (to be typed on check stub) Trial on 419/07, 4/11/07 and 4112f07 Check Requested: (please check one) ■ 'a•,� ❑ On or Before ® Other Requested by: Derek Howard Approved by responsible Attorneyll-egal M When check is completed: (please check one) ❑ Mail Check ❑ Mail Check with Attached Form(s) ® Return Check to ❑ Call When Ready: LEGAL —US W 0 56108673.1 04/26107 Sai MacCo April 26, 2007 $1,350.00 UNT # CLIENT/MATTER AMOUNT 58551.00005 $1,350.00 NO TRUST BALANCE (Time) (Date) (Date) PAUL HASTINGS Office : Washington, D.C. INVOICE COURTiR.EPOR.TERS OF KEY WEST 302 SCUITHARD STREET, SUITE 107 KEY WEST, FLORIDA 33040 305-292-3920 FAX 305-743-0801 TO: Derek V. Howard, Esquire Paul, Hastings, 3anofsky & Walker, LLP 875 I5"' Street, NW Washington, DC 20005 TAX ID: 04-3702468 RE: Emmert vs. Monroe County, Florida CASE NO.: CA-P-02-520 CE NO. 07-105 TRIAL: 4/9/07, 111/07,'4112107 APPEARANCE FEE: $1,350.00 ® & 1: $ COPY: $ ANAs: $ MINI: $ ASCI I, E-MAIL:'$ PHOTOCOPIES: $ POSTAGE HANDLING- $ AMOUNT DUE: $1,350.00 Payment due upon DATE: 4120/07 CCi3RTIREP®RTERS OF KEY. WEST 302 SOUTHARD STREET, SUITE 107 KEY NEST, FLORIDA 33040 305-292-3920 FAX 305-743-0801 TO: Derek V. Howard, Esquire Paul, Hastings, Janofsky Walker, LLP 875 15' Street, NW WasWngton, DC 20005 TAX ID: 04-3702468 DATE:4/20/07 E: Emmert vs. Monroe Courtly, Florida CASE NO.: CA-P-02-520 ICE NO.07-1058 TRIAL: 4/9/07, 4/11/07; 4/12/07 $1,350.00 Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED:- April 16, 2007 EMPLOYEE NAMF-: Derek Howard OFFICE: Washington, O.C. PAYMENT TYPE: Z DIRECT DEPOSIT ❑ LIVE CHECK Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received wish American Express statements are not acceptable. Wiiheut the original receipts, expenses will not be reimbursed. 13��3 tlIIN��IIdVll�l� 1631838 DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE MENTAMAUNT BY Meal Per Diem 3126f07 (Key West --Trial Prep) 58551.00005 47.00 RF a p gG B ST�Tf Elf O IDF: TRAVELEri /�i _ l!_ F �'•�,.Ctf _ AGENCY �Z�a.+� 4 � rzi'1--�,r r, G•, �; VGUMI R FOR PiTtMURSEP. MT NEADQUARTERS 2,03 Y� r3 OP MVEL E:XPLEN$£ Chaak One; ,_._OFFICETVEMPLOYEE NON-Et.MRLOYEEAND. CONTRACTOFt RESIDENCE C)Ty Datr 2D�] • • TravelPeriommd Poom Pui t o(Origin To Dastln,lOon P spaso or Raasan (Numb of Ccnterarrcel _ Flour a( Dapartura and Hot r:, of Roturn tAtals for Class A 2 @ Travel tYr ❑icYn or Actual Eoti5 nq Fxponzas CSasa G Meals MT-M iV;l C;nm.4d cinity oa�9 Cnhr.,Erpansus Amount Typo '3 a o :... .- �' EIS •• ~ M f 7- ®z, ? 9 � — f�asar�� ,• .� M � os M M Y7. > rA M M M rs M M M M Stekment tsi Sanelits to tfia Sute; (Conference or Convention► O -rPr-vf. IDNuran Total Cahrnvt Tatar Caumn Total Miffs Copumlr Total SUMM, . TOTAL @ 5O.40pc+rrv'la 17 Rovoiving Fund: Check hock Wt® Chalk pat Agsncy Vonetser Ra. Ativance: LESS ADVANCE RECEIVED ;( } Wartantpam Warrant No. Statnylda DM No. A9ancy Voucher No. LESS CLASS C MEALS (Gffu:erA1FrnpWaes 000 $l ] KETAistOURT DUE S rharstyr.ay«rl'Ym Mt 9n s9:rappertax oeraxy i�t.+efb}rx.n naenwry Na+d axpmaa 2.9.a prkrmma my G9ixi�drip; Y{saSu�cears avrh�..r carRarSeanadeecer rdasad toaltmslCW�d'1.v Mactr acy vmda�lyd9M ircineoad.ranta to eanreark„r e(eaAsre rphtrasia Casa d+arrtal tray R's Ynb c41n' o-d rrai 6ofa ctak. h aw and carats is emry ns`as£d ran:c.mA anma �3mirn A wmy rarest bth � ragerremta esmroa tt7mi, na3ea salter. _. TRAVELER'S SIGNATURE: VATE PREPARED: �� ? TITLE: iSrsLat to S�irn fl7.aJs s f tY.a.iFmnar Si�•¢.a.1 e»ty crrro'ryuNrrn vu ra tA. b.xtN M trmrLE7a�a r]ay. 9ard wra m ar6c� Oaa'.tetr d @e Srre a rm,;e. and wa patmxe ra nxv+rP�J> >rsrsd .iova- SUPERVISOR'S SIGNATURE: SUPERVISOR'S TITLE. DATEAPPRDVEO; FOR AGENCY USE: ua a 'dw Paul, Hastings, 3anofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: April 16, 2007 EMPLOYEE NAME: Derek Howard OFFICE: Washington, D.C. PAYMENT "TYPE: DIRECT DEPOSIT ' ❑ LIVE CHECK Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge �� slip received with American Express �(�CO! RECEIVED PAYABLE BY statements are not acceptable. Without the original receipts, expenses will not be . AP© 19 2007 reimbursed. PAUL, HASTINGS (S [0� --)I 1631839 11 DATE DESCRIPTION I (include business purpose, names, and location) CLIENT MATTERI FIRM CHARGE REIMBURSE- MENT AMOUNT APPROVED BY . 4110107 Meat Per Diem 58551.00005 47.00 RF Sjte ran t six-FGapPI-020Dk VDJCHEiiiOR(ZhIBURSENTENi TRAVEL VP -me f rrtkV6lER ,Pr? 4"r• .,,k_-�G..eE✓' ..: Check One, OFF7CEtL`EMPLOYEE - ,01`d•EMPLOYEEAND. COIfiF2ACiE7Ft AGENCY �a✓� 1{FAAQL/ARTr"TiSjec, R IQEr.CE C)iY �lr''r- l��G S � c ��'�OF Date 20 i • Performsd FramPalnt e Origin To Qc&tatotian Purpore Qriteesen LNama of Conier®ncc) Nour af,"., Dopartu:e and Hour: of nolurn - rP.ealc f0r Class A &D Travel Per Dlam or Actual' Lodrr•ing Expanses Clasp C Matnls Map 3i€page Clsvmed Vicinity Mdenga Claimed Other Exponsoo Anouni Typo _M , aA c w M M M M M t,A M M M M M M g e, /u / Statement of f)eneiits to thaSta[o: [Conference al' Gonvontinn► Column TOW Cahs[rut Total Column Total Milos Carumn Intel summ TOTAL 0 $0.40 per tmU Revolvlag Fund: Check No. CnecR Data AgencV Voucher Na. Advance; LESS ADVANCE RECEIVED S; ) Warram No. Vlarrant Datc Statewide Ooc. No. = Agonry Vcuchev ND- LESS CLASS C MEALS (Of€icErsJEmplovacs Only) S[ ) NET MOUNT DUE g cc t haraty tesfiy� aaYinn that 1ha e4.rewparws xrui y'vnm.rd M na s. esa¢naay trr+d axemaas h4a ppivaiust lay erd G��a; a:e seta -caaruek¢w¢mrerfAe»mesra�Hrda:.d eearradrl cWaadiTa.eS¢G•Y. arY gala ale�gtrrbdtdlaearaJerm:a o+Rrrs'triNan«g`+a:t6rfmAan Lae dtdacttd 11w d. t trr.d WkK rad tt+t ihiS rldra Fa ew end esrxtin wmY rya +d nat:r an0 unaawrrs++rs inarary �n�at uYa �,a re¢4ermk oF s�+aa t l:.cst. tzddr suet.. " TRAVELER'S SIONATUR . ,q DATE PREPARED! 7 Trane m 3 �e : ��^� Psraetat #5+ction a17A64 l3Y.e7. Sta:Aas.7 arety eMify as affost Ire[ t rna tort ¢t• rtY �'+��da Jr a3rw �avd vlar en eracW lxas'a¢to of 4s Staa at l�h�u erd waa prrarawtl kr the pipe sj-j a:etad ab"- SUPERVISOR'S SIGNATURE: SUPERVISOR'S TITLE: DATE APPROVED . 1 FORACENCYUSE; M W Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED.- :_ AnRECEIVED BY rl 16. 200� ACCOUNTS PAYAIBLE EMPLOYEE NAME: Derek Howard NFR 19 20071 OFFICE: Washb ton D.C. PAUL, HASTINGS PAYMENT TYPE: DIRECT DEPOSIT LIVE CHECK DESCRIPTION DATE (include business purpose, names, and locaiion) Meal Per Diem 3/23iv^7 (Key West/Ft. Lauderdale —Trial Prep) Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable, Without the original receipts, expenses will not be reimbursed. 13 1111111111111111111111 1631338 CLIENT MATTER/ REIMBURSE- I APPROVED FIRM CHARGE I M£NT AMOUNT By S8551.00005 47.WiRr— f q gg f� STATE OF FWM, DA TRAVELER ��ri� � �' _C_-'�v1!"' AGENCY _aft ��a��-tea �t'•," VGUCNER;QFtREd=vTISrR.za'3i ;lCAC1UUARTEAS L,0 DF TRAVEL EKPEnss Check: One: OFF1C=_RIEMPL.OYEE r�--NON-EMPLOYEEIIND. CONTRACTOR FIMDE.NCE CITY 'C_ TravelPceaarrsrad Poka of O:irgia To DO;LlnStion Frpo,o or Rcasen (ero of cvrifwenae) Hour of Dapafb�rocm.cat find-HCurA&B of Rehm Meals for Travel ,ng anaas :P��rDiemV)P-- Gaza C MC013 69ap miieacyo Cinsnod Vicinity M90090 Chimed OihtaxponsaaZ©Flom Arzaum Tyf" b'AlfGBH �'dS. tip d9 P,6- Ca/ /21 r h m Ap se- t M ® n r� to m M M M m M Statement 01 ilmlits to tho Slate: [Conference or CRavoriuzrn) �e- rip-`-,Z®, 11howar Coduran Tot3,1/ C43A= TWO iWumn Total M ko Column Tani SV MM, TOTAL CQ SO.40 tier mile Rcw2ving Fund: Check No. Chxk Data Ag,jneyVoucher no. i Advance: Warrant No. Warrant pate Statewide Doc. No. Agency Voucher No_ LESS ADVANCE RECE►VEU S� } LESS CLASS C MEALS (O4FrceralEmployccs Only) SE 3 R'ET AMOUNT DUE S Irt.aty avty mr aNkm t�rlM dKue eapnrsyswx`i inn.redM nfaavicesv+rl'axrd e.p�sas:+en pmterrrsree ervc;tia+l'tlar.;ma4vea ale ' eoaMece v ca�.arse. sit 6-W rVtsad to.rrdNq 6knc4 the ppmr. arj =NIN + #9 hel.&-d in a rz:Jaerecee a eonrentM e 6tsa 4oant.;Jv. V:i tlradrlmwd Vat N. ekka 1. uvo sad wrict in mwyq mw ruu.raa4-mNwaaysea`+a�tksrtefaro r! S�Fsa 117.f�1. FkfAa 4ux i a'WY t'Tra't �XtVw req+Areesaatt TRAVELER'S .SIGNATURE: DATEPREPARED: 30 TITLE: .. P.vstmtta ssFm ss�,o71 s.1. ft4iN .siiiR' t Y L R%. 1 C4 V r ur .1 -;d M 4 q 1rw nni d cry br yx l`'"Ni dwssw a4Ze'slbwsast9gV•5�e ar iWri4 e.d �.as p.rAermd rx areprpom{.I r�.d drove. SUPERVISOR'S SGNATUAE: SUPERVISOR'S TITLE: DATE APPROVED: FOR AGENCY USE: Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED; —April 16, 2007 EMPLOYEE NAME., Derek Howard OFFICE:. Washington, D.C. PAYMENT TYPE- 9 DIRECT DEPOSIT ❑LIVE CHECK �r RECEIVED BY ACCOUNTS PAYABLE APR 19 2007 PAUL, HASTINGS i Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. 163183 DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE (include business purpose, names, and locaVor►) FIRM CHARGE MENT AMOUNT BY 411 V07 Meal Per Diem 58551.00005 � 47.00 RF STA7C OF ROMDA VO:iGNER FOR REIA12[R3SEr:§„FYr nF TP,AVEL EXPVJSE T RAVELSR P i✓_ F Ifr- €:.r Check one: OFFICEEL6MPLOYEE--_�i-OM-JAPLOYEefIND. CONTRACTOi% HEACCIVARTMS F-0� Date Zp _ travel Peric,mod Ron, Pal. -It of Ortg€n To Domtinat4on Purpasa cr Reason LNnMa of Coniejogncel Flour 0[... Doparturo and Hour-: of tlotwn - MODIS for Clare A r' O Travel Per Dtem or ACIU41 Lodging Expsnsos Claiac C AA¢ala €V R V41=30 Cto'trned Vicinity Mzoars9 Claimed Dthcr Eapansao Amount 'typo op. ifs df .. M m ar M 5-4 M M M M M M M h, 11 Stmtemont of 8anclits to the State: (Conferenco or Convantlonl Colu mn Total Coktrstrt Total Caxlmn total 4ttlos Column Total UMM TOTAL LD $0.40 pat rrdlo $ S 5 $ $ & RevoSving Fund: Check No. Check Dato Agency Voucher No, Advance: LESS ADVANCE RECEIVED $( ) Warrant No. warmat Bate Statewide Voc_ No. Agency Voucher No_ LESS CLASS C MEALS (Offioarar'sEmployees Only) SL 1 NET AMOUNT DUE S ' 1:axLtY Qati�• pr attim @ist iFn .L:vs nparaal aer.ry Erc.arad M nQ a. nxnl.ry tmd m.pdnit a thm pawmerca al v3Yc'F" drka; mzendantro at 1 eo3kimuQnsmi.!*!eQ ww desdY nurad to dndat kiss et mmaslmr. =Y mitts e' 9 k bd:d In m mcMwtrtn a enn'puj—tg4gatba rnharm Inca d=0mpd hmT SP:s Ca:.t acre amd t}ct th§dmm 1. U"a+a a .etM -.V nsrid rart:w and unsmrdttWs rn way iaraQl x'di ihm r.e�rarazm ot5xiaa t 12.es1. MedaSL7:•,w. TRAVELER'S SIGNATOR . DATE PREPARED: TITLE: S 3 VC Plrsaana to tvttT[a1117Aa t UK.l, F�1d! 5a b'W1 11 of it candy nt :Wd am J itw ei... nY h+avhdam :he .Sm.• �.vd wol vi mFSrisf tm'asaa cl rtw SiT.a of Florid. erd aaa fviarwd rc tM taapmaa•;.) fisted Qb— SUPEAVISCR'S SIGNATURE: SUPBRV)SOA'5 TITLE: CATEAPPROVED: I FDRAGENCYUSE, W Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: Argil 16, 2007 EMPLOYEE NAME: Derek Howard OFFICE: Washin ton D.C. PAYMENT TYPE: ® DIRECT DEPOSIT ❑ LIVE CHECK RECEIVED BY ACCOUNTS PAYABLE APR 19 2007 Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. 131�i�y 1IIg�839I�B�I�' DATE DESCRIPTION (include business purpose, names, and location) CLIENT MATTERI FIRM CHARGE REIMBURSE- MENT AMOUNT APPROVED BY 4112107 Meal Per biem 58551.00005 47.00 RF STATE OP FLOMDA VpEJCRER FOfi #�Eit7EUi;5ER4L-eYr OF ;'RAVEL EXPLUSE Tt�VELSR is r ` "✓°- i 6.a&i. F Chcck one: QFFIC=iVfE?AF'LOYEE -"ANON-F41FLOYaiiND. CONTRACFOP AGCA:CV V. ,i € FAPRVARTEAS RESIDENCE C)7Y has a 4 • €lour of_.,. Moals for J'cr DI-m ' Date 3rv.,-I Periormed Ddpartura Class c, Actuat Gloss Pdap Viainiiy Other Expvnseo 2U - fvdm PaLnt of 4tlgin Pcupasv yr Reason antl Hour: A ?� Q @adginp C Jrliloaga PAdapgY- -fo D¢atination [Nutno of CoMwemrzy of Roturn - Travel Expdneca Meals Glnunod Ctaimed Amount Typo 1/7 r �• F• m m M ll%t M M M M M M M a .s I/Y &E 7Y 1! Statem�8-nelrfts: [Conference Or ConvantION Lim" GOJumn Column Milan Cefumn U6AM 0 SO.40 per rala Total Total rota] 70TALs s s � s LESS ADVANCERECEIVEO 3[ i Revolving Fund: Advance: Warrant No. Check No. LESS CLASS C MEALS (OffierrarEmplaydas Only) S[ ] Chuck Data Warrant Date Agency Voucher No. Stdtmidd doe. No. .. NET AI1£OV1I7 DUE S 1 Apm Vouches No. ' 1 twetvteray w aYira fat ttn vhweexparsn oetna •t :KtutN br nxmaanaary vr+tl v.aaaet ie trm oulletharxe o+V cirri acsu e't once of v wuaraet mSetb� S1i.rMt UY.+?. fbrlda 5[r 1 rr,.zy rerYry w tita n Mi na bw cr eoa•xre+:aarmsrrxha n�datir riltxi ra dr.3.1 dd'ea d tha..pmr.• bry mvav a gi-.kddw—vrakn 1e5a062 f.e haw nykl—hOP:M--'bm 7tae3 vvva mnN&Wbm'I-fb or 0. are. yr Rwite and nx. pvl. rm3 b»b dW=.d rr� tF: a trva d0w cad %W tlda deh. It bw and writ in .,.q "toid rant.. sad rice mrJmretn very raapwt ".h Sa rrgdrerra-da 1w Nt w'7ett{U vm d rh—. 0 sate. 112 Alt. fidda sukt.- SUPERVISOR'S SIGNATURE: TRAVELER'S SIGNATUR . SUPERVJS4)R'S TITLE: DATE Ai'J'ROVED: DATE PREPARED, TITLE: $ 3 Ve 7 e FAR AGENCY USE; C-1 Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM RECEIVED 8Y DATE SUBMITTED:_ April 16, 2007 ACCOUNTS fWABLS EMPLOYEE NAME: Derek Howard ApR 1 g 0� I OFFICE:-- Washington, D.C. A L4 (� STI PAYMENT TYPE: P� ® DIRECT DEPOSIT ❑ LIVE CHECK DATE 3127/07 I Attach here, ORIGINAL receipts for all amounts greaterthan $25. Copies of charge slip received ;Mth American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. I I ill 1l I � 1631838 DESCRIPTION CLIENT MATTER/ REIMBURSE - (include business purpose, names, and location) FIRM CHARGE I MENT AMOUNT Meal Per Diem 1/2 to 58551.00002 ,Key West/Marathon!Key Cargo—Pretdal Conference .112€o 58551.00005 in Collins; Pretrial meeting in Emmert) I A7.00.1 RP APPROVED BY STR VOUCHER S0Rf:rJ'S:,�UF3.Se15u Jr FIEAOai,irLRTFi3S 1- end° OF 7ft4VEl FXP-EASE - Chod: Gnt: OFAC=f4 ETAPLOYEE )� NON-EtO .JFLOYEEM . CON RA&CR RE52OEKc£ CITY pal» ZO ` 9 . - ica�ml Psrinrnrod fi am Po6-r[ of Origin To Da.lSnaiion Pvpaso or Ra"on Nd mo of Conferanca) Hour af- E}opsrit�a H and ouf:, of Rotun Mcals for Ll�s A "u S ±ravel Psr Oi:rn o, Actual iodda!) Exponsas CJaes C Mcah Map miaD se Clnk ed Vicinity F.M1i eogs Clair d O7hr Exyonscs Arm lim Typo � a I � dry •• ~ M �T-�J i �/ d'• S fi0�7�� M M M R1 P,1 - A9 M M ht StmSnmanl W ElentiilstotaliUtt: (Coafereaca orConventkm) �� o e $ 8�y"� �. m & Jok Cnfumo Tots! tahunn Tow CAM17 Total MiVs CofJJmn Total St mml - TOTAL S0.40 pem M12 s g l s a s���Z s �• ltavulvina Fund. MuA no. Check pats Agyncy V�tcher tio. 1 Advar=,, LESS ADVANCE RECUVF_O Sl 3 Warrant No. Warrant Date Stbleavldl th= No. Agoacy Voucbea Nn, LESS CLASS C MEALS (OffiaosAmplimes Only) $I 3 taT •4},IOUNT DUE S.g ' I hfrsLy rei'ym mYkm aal Rn ybcw mmpamw ssred'f resmaA bl rwu rrcasamrf va+ed a:paaa AM prrkrwrct Wr/cii� s1f: oxm7,omr a ' srturcma ewaar�em s+v�actlr rs4%,4 rnmtrdai Arad No mivexr. saY redra�Pgm®Mr66ed 1nemd•rvKomFsnrsrsr>»reghsaeEm to he brae dmduimd hair art i,ad mL'vc sad Gsi admet m 1.m rd mamxatta m'>aJY ne<+iaJ 9eT.Y aa01NPa earkarrm k. way t."d u 4m fmgdi—I% ,r sxr„ nt-cat. ndaa aulr.s TRAVELER'SSIGNATURE: � —. - DATEPREt'ARED: Ygoll TME: :a v �af.�� i'srarasm m S1mDCM1 an.4at E1P�lafksl4+ 5ta^.aaa, J mriy rummy or aarrm uu n save 6aes N nl d7r �•sbmva Swbww mn Oku ba'.msa at to sm. of F—u.-a ump de " rem 2pwp—>) mralad Aoft. SUPERVISOR'S SEMATURE: SUPFRVJSDR'STiTm. DATEAPPiSOVEtJ FOR AGENCY USE: `®� Paul, Hastings, Janofsky L Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: April 16, 2007 EMPLOYEE NAME_ Derek Howard OFFICE: Washington, D.C_ PAYMENT TYPE: ® DIRECT DEPOSIT ❑ LIVE CHECK J, —f-l' I P rN 5., ltc� Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge RECEIVE© BY slip received with American Express ACCOUNTS PAYABLE statements are not acceptable. Without the original receipts, expenses will not be APR 19 2007 reimbursed, PAUL, HASTIMSdue 318391f�f I DESCRIPTION CLIENT MATTER] REIMBURSE- APPROVED DATE (include business purpose, names, and location) Meal Per Diem FIRM CHARGE 58551.00005 MENT AMOUNT 40.5 BY RF Received on 4/08/07 2 STATeuFF1.0111DA TRAVELEP �gr . V' VOUCHER FOR REIf,4IIlii-wEP�rNI' ; DF TRAVEL EXPENSE �. -. Check one: OFFICER{EMPLOYEE-�' -NCIN•FMPLOYEZAND. COiJMCTOR AGE?:Cy Un.. '•,uS"'!:-^r^ - Lod PIEADDIiARTERS �� �'�' REStD�tiCI CjiY n 5 +^� D f [Sale ZO � Travel PcHarmed From Pahl of Origin To Qazlinajion Purposo or Reason tNurne of CanictOncel ttour o{ :.. L>aparturo and Hour-; of Return M Ms for CLae's A & R Travel Per Diem or Actuai LodEing Exponros CFAs G Mtals ppop Milangt Cleaned Vicinity Miroago Ctaimed - othtrexpomot Amount Typo Ott _d f� �a a i4i .+✓mom M M �s M M t:9 M PA tYl Stajemen[ of ElenelZs to the State: (Conferarlco or C;onvandon] Coldtnsa Total Coltum Total Column Total Miles Caluma Total MM TOTAL St).40 pea m1?o 5 S S S S S Revolving Fund: Check No. Check Data Agency Voucher No. t Advance: LESS ADVANCE RECEIVED ${ ] Warrant No, Warrant Data Stataw1de Doc. No. Agattcll Vouchaf No_. • LESS CLASS C MEALS (0ffker&'Empjayeas Only) SE ] NET AMOUNT DUE S I r a'atY eariY a aYim at°I P. tbaw aaP W— °tlaa'! a. -4 by -- 0a 1" travel v.panat er tam pe-raraiu+ca nY e:Yc-s1 dYJast aaama*eo ai a - c x'rrev-a m eonr°e�°a »aa drertH rd°lyd m atnoer ryas d tht-I s M 4CY M201 a k#�s hr.SmA a o�rJe°rsxm er rcav°ntbn rrgia-arbe tea h" Mae dodnted eras W& Yr-4 CUkW ad Vat eta tWm la u-"d cvraat to _.V raid no: aad wear —sin wary rwpW u)h the rmaelnreria d5rc+ba tttest.trotda5trta:ex TRAVELET!-S SICNATU,R DATE PitiPAAED: % Is 7 TFRE: 3 0e : -i � wsrset 4r..KGrn f 1x,Mt pyal, Flartda 3[a>taa, a m t•Y te<'1aY a xltrll rearWIN tmttd nY h'wadat Ja alim saTOwas m *Kdat bm-ss, c4 Yra lrwa wl Fk';6 A w Pv�r»ad for Yea pa°pwi.) a•."m ahwa. SUPERVISOff5SIGNATURE: SUPERVISOR'S TITLE: DATEAPAf;OvED: . ] FORAGENCYUSE: UFA RI Tt W T `+w Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: April 16, 2007 EMPLOYEE NAME: Derek Howard OFFICE: Washington, D.C. PAYMENT TYPE: ® DIRECT DEPOSIT N El LIVE CHECK Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge RECEIVED Dip slip received with American Express ACCOUNTS PAYABLE statements are not acceptable. Without the original receipts, expenses will not be APR 19 2007 reimbursed. PAUL,HASTINGS 1631839a �I DESCRIPTION CLIENT MATTER! REIMBURSE:- APPROVED DATE (include business purpose, names, and location) Meal Per Diem _. FIRMA CHARGE 58551.00005 MENT AMOUNT 47.00 BY RFAPR 2 3 207 4109/07 �y G TRAVELER STAVC OP MOT2IDA VOUMER FORitcv a vrisEP.h=74r OF Tf 4VEL EXPI:AJSE ,,- Check Onc: gFF)CEFVEMPLOYEE -'��NON-EMPLOYEeiiND. CONTW CTOFZ ) EADUVARnMS $.r nESftO£itCE C)TY Da IC 20 -, Traaak Performed '= From PGL)t cf Orlgrn To Dostinz%lon PutposD or Reason (romp of Coninzmcal flour ed.,. [9pL'Cla:6 and Hour'; of Return - Nioal5 for c)9Sa A Er B TravO Par Diem or Actual LDdgiaD Ezpansos ClCY3 C Meals Map, MbZga C)Qmeod Vicinity M6004J3 Claimed Dthcfxgnnsos Amount Typo •cg 9 •• e� M B� a. a .*9z Bi a. M es a M M IA M M M P.9 _ M M M 7y - Statement of Uanefi)s to tho SIM: [Conferenca or Convention) column Totat caiumn Total Cotumn Total &@ik3s Cafumn Taes) U.1MM TOTAL 50.40 per mile S s 5 S g $ Revolting Fund: Check No. ChecRDa[0 Aq=V Voucher No. Advance: LESS ADVANCE RECE[VEf) $I I Warrant Dote arrant Date - StaEervlda Doc_ No, Agency Voucher No. LESS CLASS C MEALS (LlfficersXmployces Only) S( 1 E $ r w,tvcrraY araMinr Ppr tw rC.we saryrees setae y i•eurrce tri n. m aecn2rry 7 •xv— ntlr poimmerce f nv =Jea; rre•d�s at • a+eSYr6�:8 Pr eon.er.�ca Nm euH rel.:dea draiel dM's.1 CM •&xrY: attr QtSfliet�ia9 iris@ jtr b Cznierir{tO W Ce�'Prltb. rpaiy[bA Eve tun rp/A dddYit•d rnr r:'L VY.d ekire: ad tTtt IIiR t)aR i•Lw •nE CpYJet i9 •vtt} r')ItP'r�ri Ill1:a ens H�9a0=/O�r!}in (/ygry r•f�RYt N-R164 ft1j�IIYYCf40 aPSttwn t t x ce1. FiaWAs suave. TRAVELER'S SIGNATUR . DATE PREPARED: 7 TITLE..7pDATE vxs�nt to Scs3ia+7t2.mf tiY,a}. f Ca 5rr.As*. r way rertdy a etrtrn it f tna tsrrci rW Frcphdja trm •5w• i�Y•r bYH an dkid bw•s•rj of rrd Slr•A at fiarid•esA w4i pm`."4 FK tht XTP- jr) yrib bbry . SUPERVISOR-S SIGNATURE: SUPERVISOR'S TITLE: APPROVED: J FOR AGENCY USE: A `+w Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: April 16, 2007 EMPLOYEE NAME: Derek Howard OFFICE: Washington, D.C. PAYMENT TYPE: 1 ® DIRECT DEPOSIT OLIVE CHECK ACCOUNTS PAYABLE APR 19 2007 PAUL, HASTINGS DESCRIPTION DATE (include business purpose, names, and location) 3/07 � Hotel Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. I S �0, �l 1631839 CLIENT MATTER/ FIRM CHARGE 58551.00005 1 REIMBURSE- MENT AMOUNT 11 APPROVED BY 'Total charges 1?4.94 USD NOTE: Pricing does not include Damage Waiver. ------------------------- ENTERPRISE PICK-UP POLICY ------------------------- COUNTER IN -TERMINAL. SHUTTLE WILL BE PROVIDED TO THE RENTAL VEHICLE. --------------------- ENTERPRISE AGE POLICY --------------------- ALL DRIVERS MUST BE 21 YEARS OF AGE OR OLDER. RENTERS 21 THROUGH 24 YEARS OF AGE MAY ONLY RENT ECONOMY THROUGH FULLSIZE CARS. ------------------------------- ENTERPRISE MISCELLANEOUS POLICY ------------------------------- "THIS OFFICE REQUIRES A MINIMUM $250 DEPOSIT PLUS THE COST OF RENTAL AT THE TIME OF PICKUP.* - THIS BRANCH IS OPEN DAILY UNTIL 12:00 AM. THIS BRANCH SERVICES DEPLANING PASSENGERS ONLY. LOCAL CUSTOMERS MUST CALL LOCATION DIRECT FOR INSTRUCTIONS. - ENTERPRISE RENT -A -CAR DOES NOT PROVIDE PICK UP OR DROP OFF SERVICE TO THE PORT OF MIAMI CRUISE SHIP TERMINAL. CUSTOMERS MUST PROVIDE THEIR OWN TRANSPORTATION TO AND FROM THE TERMINAL AT THEIR OWN EXPENSE. ----------------------------------- ENTERPRISE ADDITIONAL DRIVER POLICY ----------------------------------- THERE WILL BE AN ADDITIONAL CHARGE OF $10.00 PER DAY FOR EACH ADDITIONAL AUTHORIZED DRIVER OTHER THAN A SPOUSE OR DOMESTIC PARTNER. ----------------------------- ENTERPRISE AFTER HOURS POLICY ------------------------------ PLEASE NOTE THAT THE ENTERPRISE OFFICE OPENS AT 5AM FOR RETURN SERVICE ONLY. CUSTOMERS SHOULD RETURN VEHICLES TO THE ENTERPRISE OFFICE BETWEEN THE HOURS OF 5AM-12AM. - FOR ALL RETURNS BETWEEN MIDNIGHT AND 5:00 AM, CUSTOMERS SHOULD RETURN THE VEHICLE TO THE ENTERPRISE OFFICE, LOCK THE VEHICLE AND PLACE THE KEYS IN THE DROP BOX LOCATED ON THE WALL NEXT TO THE FRONT DOOR. CUSTOMERS CAN THEN CALL METRO TAXI AT (305) 444-4444 FOR A TAXI RIDE BACK{ TO THE AIRPORT AT NO COST. --------------------------- TO MAKE ANOTHER RESERVATION --------------------------- If you would like to make another online reservation or need additional information, please visit us again at: http://www.enterprise.com ________________________------------ TO MODIFY OR CANCEL THIS RESERVATION ------------------------------------- Please click the link below to modify or cancel this reservation. (Note: Modifying your location, date, or time may result in changes to your rates, taxes, surcharges or underage fee). https://Www_enterprise.com/car_rental/deeplinkmap.do?bid=001 &confirmnum=F1NQKK&la5tname=Howard&cnty=US&language=EN K 4 -, �?- CHECK REQUISITION Payable to: Marr & Associates Appraisal Company, Inc. Date: April 25, 2007 (include all information to be typed on the face of 5307 Pimlico Drive Amount: $940.00 check) Tallahassee, FL 32309 Client Name: Emmerts v. Monroe County DESCRIPTION ACCOUNT# CLIENTIMATTER (to be typed on check stub) Appraisal Services 58551.00005 O TRUST BALANCE -30,0 Check Requested: (please check one) ❑ Today By a.m. (Time) ❑ On or Before (Date) ® Other (Date) Requested by: Derek Howard Approved by responsible Attorney/Legal Assistant/Adminl When check is completed: (please check one) ❑ Mail Check ❑ Mail Check with Attached Form(s) ® Return Check to. 5ai MacCormack ❑ Call When Ready: LEGAL.US W 4 5108659.1 04/26/07 r_iTnni� efi�u�ix c�siaaea%e�,�:s TRENT MARK, MAI, SRPA State Certified General Appraiser # RZ 514 trentmarr u,earthlink.net INVOICE FOR APPRAISAL SERVICES Date: 4-10-07 Phone (85€) 894-0446 5307 Pimlico ®rive, Tallahassee, FL 32309 File #: C1798A Appraiser TM ---------- ------- Property Location: Lot 26, Block 3 Harbor Course, Section 4, Ocean Reef Club ------------------------------------------------------------------- Property Type: Vacant site / Emmert VS Monroe County ------------------------------------------------------------ �Ti Owner: Derek. V. Howard Paul, Hastings, Janofsky & Walker LLP 875 151h Street, N.W_ Washington, DC 20005 CIient/Address: ---------------------------------------------------------------- Sco e of Work Date #/Hours y Gather dated files 3/9/07 1 Mm Research Sales in Files 3/12107 3 MM Inspect & Photo, Subject and comparables 3/21/07 I .S MM Organize comparables on report 3/26/07 1 MM Review Data, and type Analysis 3/29/07 2 TM Charges MM. = 6.5 hours @ $85.00 / hour = $552.50 TM = 2.0 hours @ M93.75/hour = $387.SO Total Due $940.00 If you have any questions regarding the number of hours or hourly rate please call. Thank you for your business. May 20 2007 13:57.28 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25229581 174792 211 040307 PHJW 0.88 1,00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T23 Time: 13:16 Duration: 00001.00 Phone Number: 8504455175 8504455175 13:16 1 25229582 174792 211 040307 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T23 Time: 10:38 Duration: 00001.00 Phone Number: 3052892517 3052892517 10:38 1 25229583 174792 211 040307 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T23 Time: 15:02 Duration: 00001.00 Phone Number: 3052892517 3052892517 15:02 1 25229584 174792 211 040307 PHJW 0.66 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T23 Time: 19.20 Duration: 00001.00 Phone Number: 3058523388 3058523388 19:20 1 25229586 174792 211 040307 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 31`23 Time: 14:59 Duration: 00001.00 Phone Number: 8508940446 8508940446 14:59 1 25229608 174792 211 040307 PHJW 0.88 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T23 Time: 09:26 Duration: 00002.00 Phone Number: 3053737295 Page: 1 Ledger Lac Valid Posting Date Mod, Amount Code Flag Batch Modified Optr, 0.88 SCOST WDC P 297807 040407 1842 Howard, 0.44 SCOST WDC P 297807 040407 1842 Howard, 0.44 SCOST WDC P 297807 040407 1842 Howard, 0.66 SCOST WDC P 297807 040407 1842 Howard, 0.44 SCOST WDC P 297807 040407 1842 Howard, 0.88 SCOST WDC P 297807 040407 May 20 2007 13:57:28 PRECOST TABLE REPORT Page: 2 Control Cost Transaction Ledger Loc Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr. 3053737295 09:26 2 1901 MacCorm 25229609 174792 211 040307 PHJW 0.88 1.00 0.88 SCOST WDC P 297807 040407 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T23 Time: 11:56 Duration: 00002.00 Phone Number: 3053737295 3053737295 11:56 2 1901 MacCorm 25229610 174792 211 040307 PHJW 0.44 1.00 0.44 SCOST WDC P 297807 040407 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIEL➢ 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T23 Time: 09:30 Duration: 00001.00 Phone Number: 3052923920 3052923920 09:30 1 1901 MacCorm MATTER TOTAL: 5.06 5.06 GRAND TOTAL: 5.06 5.06 TOTAL VALID ENTRIES - .00 INVALID ENTRIES : .00 ENTRIES POSTED 8 5.06 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 8 5.06 May 20 2007 13.58:38 PRECOST TABLE REPORT Contra[ Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25243645 175009 211 040607 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 11:54 Duration: 00001.00 Phone Number: 3052961347 3052961347 11.54 1 25243646 175009 211 040607 PHJW 2.64 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 12:22 Duration: 00005.00 Phone Number: 8504455175 8504455175 12:22 5 25243647 175009 211 040607 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 13:41 Duration: 00002.00 Phone Number: 3053940411 3053940411 13:41 2 25243648 175009 211 040607 PHJW 3.52 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 12:13 Duration: 00007.00 Phone Number: 3058724851 3058724851 12:13 7 25243649 175009 211 040607 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 09:38 Duration: 00002-00 Phone Number: 3052892517 3052892517 09:38 2 25243650 175009 211 040607 PHJW 1.76 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 10:49 Duration: 00004.00 Phone Number: 3052961347 Page: 1 Ledger Loc Valid Posting Date Mod, Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 297907 040907 1842 Howard, 2.64 SCOST WDC P 297907 040907 1842 Howard, 0.88 SCOST WDC P 297907 040907 1842 Howard, 3.52 SCOST WDC P 297907 040907 1842 Howard, 0.88 SCOST WDC P 297907 040907 1842 Howard, 1.76 SCOST WDC P 297907 040907 May 20 2007 13:58:38 PRECOST TABLE REPORT Control Cost Transaction Platter Number Counter Group Code Date Tkeep Quantity Rate 3052961347 10.49 4 MATTER TOTAL: 10.12 GRAND TOTAL: 10.12 TOTAL VALID ENTRIES .00 INVALID ENTRIES 00 ENTRIES POSTED 6 10.12 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 6 10.12 Paine: 2 Ledger Lac Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 1842 Howard, 10.12 10.12 May 20 2007 13:59:12 PRECOST TABLE REPORT Control Cost Transaction Platter Number Counter Group Code Date Tkeep quantity Rate 58551-00005 25239696 174920 211 040507 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T25 Time: 13:27 Duration: 00001.00 Phone Number: 3052961909 3052961909 13:27 1 25239697 174920 211 040507 PHJW 2.64 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T25 Time: 17:31 Duration: 00005.00 Phone Number: 3052961347 3052961347 17:31 5 25239698 174920 211 040507 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T25 Time. 16:56 Duration: 00001.00 Phone Number: 8508940446 8508940446 16:56 1 25239699 174920 211 040507 PHJW 9.24 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T25 Time: 16:29 Duration: 00021.00 Phone Number: 3058527165 3058527165 16:29 21 25239700 174920 211 040507 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T25 Time: 17:15 ➢uration: 00001.00 Phone Number: 3052892517 3052892517 17:15 1 25239707 174920 211 040507 PHJW 0.44 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T25 Time: 13:47 Duration: 00001.00 Phone Number: 3058527165 Page: 1 Ledger Lac UaLid Posting Date €xiod. Amount Code FLag Batch Modified Optr. 0.44 SCOST WDC P 297888 040607 1842 Howard, 2.64 SCOST WDC P 297888 040607 1842 Howard, 0.44 SCOST WDC P 297888 040607 1842 Howard, 9.24 SCOST WDC P 297888 040607 1842 Howard, 0.44 SCOST WDC P 297888 040607 1842 Howard, 0.44 SCOST WDC P 297888 040607 May 20 2007 13.59.12 PRECOST TABLE REPORT Control Cost Transaction Putter Number Counter Group Code Date Tkeep Quantity Rate 3058527165 13:47 1 25239708 174920 211 040507 PHJW 2.20 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T25 Time: 13:20 Duration: 00004.00 Phone Number: 3058527165 3058527165 13:20 4 25239709 174920 211 040507 PHJW 0.44 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T25 Time: 16:11 Duration: 00001.00 Phone Number: 3058523388 3058523388 16:11 1 MATTER TOTAL: 16.28 GRAND TOTAL: 16.28 TOTAL VALID ENTRIES .00 INVALID ENTRIES : .00 ENTRIES POSTED : 8 16.28 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 8 16.28 Page: 2 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 1901 MacCorm 2.20 SCOST WDC P 1901 MacCorm 0.44 SCOST WDC P 1901 MacCorm 16.28 16.28 297888 040607 297888 040607 May 20 2007 14:00:14 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25222214 174712 211 040207 PHJW 2.64 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T22 Time: 15:35 Duration: 00005.00 Phone Number: 3052892560 3052892560 15:35 5 25222215 174712 211 040207 PHJW 18.92 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T22 Time: 09:57 Duration: 00043.00 Phone Number: 8504455175 8504455175 09:57 43 25222227 174712 211 040207 PHJW 0.88 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T22 Time: 14:47 Duration: 00002.00 Phone Number: 3058523388 3058523388 14:47 2 25222228 174712 211 040207 PHJW 0.44 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T22 Time: 14:57 Duration: 00001.00 Phone Number: 3052891201 3052891201 14:57 1 25222229 174712 211 040207 PHJW 3.08 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3722 Time: 14.50 Duration: 00007.00 Phone Number: 3058522153 3058522153 14:50 7 25222232 174712 211 040207 PHJW 1.76 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T22 Time: 16:40 Duration: 00004.00 Phone Number: 3053737295 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Ftag Batch Modified Optr. 2.64 SCOST WDC P 297807 G40307 1842 Howard, 18.92 $COST WDC P 297807 040307 1842 Howard, 0.88 SCOST WDC P 297807 040307 1901 MacCorm 0.44 $COST WDC P 297807 040307 1901 MacCorm 3.08 SCOST WDC P 297807 040307 1901 MacCorm 1.76 SCOST WDC P 297807 040307 May 20 2007 14:00:14 PRECOST TABLE REPORT Page: 2 Control Cost Transaction Ledger LOG Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr. 3053737295 16:40 4 1901 MacCorm 25222234 174712 211 040207 PHJW 0.44 1.00 0.44 SCOST WDC P 297807 040307 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T22 Time: 17:16 Duration: 00001.00 Phone Number: 3052942601 3052942601 17:16 1 1901 MacCorm 25222235 174712 211 040207 PHJW 1.76 1.00 1.76 SCOST WDC P 297807 040307 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T22 Time: 17:11 Duration: 00004.00 Phone Number: 3052923920 3052923920 17.11 4 1901 MacCorm MATTER TOTAL: 29.92 29.92 GRAND TOTAL: 29.92 29.92 TOTAL VALID ENTRIES .00 INVALID ENTRIES .00 ENTRIES POSTED 8 29.92 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 8 29.92 May 20 2007 14:00:57 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25222230 174712 211 040207 PHJW 1.76 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T22 Time. 17.19 Duration: 00004.00 Phone Number: 3052923920 3052923920 17.19 4 GRAND TOTAL: 1.76 TOTAL VALID ENTRIES .00 INVALID ENTRIES .00 ENTRIES POSTED 1 1.76 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 1 1.76 Page: 1 Ledger Loc Valid Pasting Date Mod. Amount Code Flag Batch Modified Optr. 1.76 SCOST WDC P 299552 050107 b_lyl 1901 MacCorm 1.76 May 20 2007 14:01:33 PRECOST TABLE REPORT Control Cost Transaction Platter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25276246 175433 211 041607 PHOW 7.04 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T36 Time: 14:09 Duration: 00016.00 Phone Number: 8504143817 8504143817 14:09 16 GRAND TOTAL: 7.04 TOTAL VALID ENTRIES .00 INVALID ENTRIES .00 ENTRIES POSTED 1 7.04 FIRM ENTRIES AD ------------------------------------------ TOTAL: 1 7.04 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code FLag Batch Modified Optr. 7.04 SCOST WDC P 298452 041707 1842 Howard, 7.04 May 20 2007 14:02:34 PRECOST TABLE REPORT Page: 1 Control Cost Transaction Ledger Lac Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code FLag Batch Modified Optr. 58551-00005 25233887 174834 211 040407 PHJW 0.44 1.00 0.44 SCOST WDC P 297807 040507 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T24 Time: 15:10 Duration: 00001.00 Phone Number: 3052892562 3052892562 15:10 1 1842 Howard, 25233888 174834 211 040407 PHJW 0.88 1.00 0.88 SCOST WDC P 297807 040507 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T24 Time: 14:01 Duration: 00002.00 Phone Number: 3058527165 3058527165 14:01 2 1842 Howard, 25233889 174834 211 040407 PHJW 0.88 1.00 0.88 SCOST WDC P 297807 040507 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T24 Time: 13:14 Duration: 00001,00 Phone Number: 8504455175 8504455175 13:14 1 1842 Howard, 25233890 174834 211 040407 PHJW 1.76 1.00 1.76 SCOST WDC P 297807 040507 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T24 Time: 09:57 Duration: 00004.00 Phone Number: 3058527165 3058527165 09:57 4 1842 Howard, 25233900 174834 211 040407 PHJW 0.44 1.00 0.44 SCOST WDC P 297807 040507 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T24 Time: 11:39 Duration: 00001.00 Phone Number: 3058527165 3058527165 11:39 1 1901 MacCorm MATTER TOTAL: 4.40 4.40 GRAND TOTAL: 4.40 4.40 May 20 2007 14:02:34 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate TOTAL VALID ENTRIES .00 INVALID ENTRIES : .00 ENTRIES POSTED 5 4.40 FIRM ENTRIES 00 TOTAL: 5 4.40 Page: 2 Ledger Lac Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. May 20 2007 14:03:53 PRECOST TABLE REPORT Controt Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25222028 174711 218 040207 DVH 115.00 0.20 USER -DEFINED FIELD 1: MACCORMACK, SAI USE�-DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C80 25222080 174711 218 040207 DVH 810.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A9 DESCRIPTION: User: DVH Batch: 3C80 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES .00 INVALID ENTRIES .00 ENTRIES POSTED 2 185.00 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 2 185.00 .Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr, 23.00 SPHOTO WDC P 297806 040307 162.00 SPHOTO WDC P 297806 040307 925.00 185.00 925.00 185.00 May 20 2007 14:09:06 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25229433 174791 218 040307 DVH 664.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A6 DESCRIPTION: User: DVH Batch: 3C81 GRAND TOTAL: 664.00 TOTAL VALID ENTRIES .00 INVALID ENTRIES : .00 ENTRIES POSTED : 1 132.80 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 1 132.80 .Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 132.80 SPHOTO WDC P 297806 040407 132.80 May 20 2007 14:05:37 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25243520 175006 218 040607 DVH 2O80.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A6 DESCRIPTION: User: DVH Batch: 3C84 25243535 175006 218 040607 DVH 324.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A9 DESCRIPTION: User: DVH Batch: 3C84 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES .00 INVALID ENTRIES .00 ENTRIES POSTED 2 480.80 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 2 480.80 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Cade Flag Batch Modified Optr. 416.00 SPHOTO WDC P 297905 040907 64.80 SPHOTO WDC P 297905 040907 2,404.00 480.80 2,404.00 480.80 May 20 2007 14:06:06 Control Cost Transaction PRECOST TABLE REPORT Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25222270 174713 226 040207 DVH 2.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F95-6 DESCRIPTION: User: DVH Batch: 3F95 13057430801 GRAND TOTAL: 2.00 TOTAL VALID ENTRIES .00 INVALID ENTRIES .00 ENTRIES POSTED 1 2.50 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 1 2.50 .Page: 1 Ledger Loc Vatid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.50 SFAX 4JDC P 297804 040307 Cl Howard, D 2.50 May 20 2007 14:06:38 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00005 25239762 174921 226 040507 PHJW 8.00 1.25 USER -DEFINED FIELD 1: MOYE, JEFFREY USER -DEFINED FIELD 2: 3F98-3 DESCRIPTION: User: Batch: 3F98 13058527113 25239764 174921 226 040507 PHJW 8.00 1.25 USER -DEFINED FIELD 1: MOYE, JEFFREY USER -DEFINED FIELD 2: 3F98-5 DESCRIPTION: User: Batch: 3F98 13058526957 MATTER TOTAL: 16.00 GRAND TOTAL: 16.00 TOTAL VALID ENTRIES .00 INVALID ENTRIES : .00 ENTRIES POSTED : 2 20.00 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 2 20.00 Page: 1 Ledger Loc Valid Posting Date Mod• Amount Code Flag Batch Modified Optr. 10.00 SFAX WDC P 297886 040607 C1 MOYE, 10.00 SFAX WDC P C1 MOYE, 20.00 20.00 297886 040607 AGENDAITEM SUMMARY Meeting Date: July 18, 2007 Bulk Item: Yes x No Division: County Attorney — Staff Contact: Bob Shillinger x3470 AGE NDA ITEM WORDING: Approval of May 30, 2007 invoice in the amount of $36,356 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, a multi -plaintiff takings case which the County successfully defended at the trial level, PREVIOUS RELEVANT BOCC ACTION: 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. CONTRACT/AGREEMENT C '9 - f ;/* h i j4 ski s STAFF RECOMMENDATIONS: Approval TOTAL COST: $36,256.00 BUDGETED: Yes —No COST TO COUNTY: $36, 356.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH Year �. APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 PAUL, HASTINGS, JANorsICY a WALKER LLP 515 South Flower Street, 25'" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627.0705 / internet www:paulhastings.com Atlanta/ Beijing/ Brussels/ Chicago/ Hong Song/ London/ Los Angeles/ Milan/ New Yorlu Orange County/ Palo Alto/ Paris! San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo! Washington, D.0 am Monroe County P.O. Box 1026 Ivey West, FL 33041-1026 Attn: Suzanne Hutton SUMMARY SHEET Collins Liti ation PHJ&W LLP File# 58551 _-00002 Robert H. Freilich Legal fees for professional services for the period ending April 30, 2007 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 Cade: BOFAUS3N 100 West 33r" 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. May 30, 2007 Please refer to Invoice Number: 1608121 PHJ&W Tax ID No. 95-2209675 $36,356.00 1,951.71 $38,307.71 $114,585.14 $152,892.85 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brick at (213) 6$3-5039, or carolbrich@pauIliastings.coin. � � � PAiJL, HASTINGS, JANOFSKY & WALKER LLP 616 South Flower Street, 251" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-0705 / intemet www.paulhastings,com Atlanta/ Beijing/ Brussels! Chicago] Fiong Kong/ London] Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Ucgof San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Paul Hastings Monroe County P.O. Box 1026 I,ey West, FL 33041-1026 Attn: Suzanne Hutton Collins .Litigation PHJ&W LLP File# 58551-00002 Robert H. Frei]ich Legal fees for professional services for the period ending April 30, 2007 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: BC)FAUS3N 100 West 33ra 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. May 30, 2007 Please refer to Invoice Number: 1608121 PHJ&W Tax ID No. 95-2209675 $36,356.00 1,951.71 $38,307.71 $114,585.14 $152,892.85 Remittance Address: Paul, Hastings, Janofsky & 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.com. Monroe Counts, 58551-00002 Invoice No. 1608121 REMITTANCE COPY (coast.) Summary of Prior Balance Due Page 2 Invoice Invoice Payments Date Number Amount Trust Appl. 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 $144,982.50 $0.00 $1,646.79 02/28/06 1501314 $15,908.11 $10,255.00 $0.00 $5,653.11 03/20/06 1505176 $18,409.07 $18,235.00 $0.00 $174.07 04/25/06 1514536 $48,833.74 $0.00 $0.00 $48,833.74 05/25/06 1521785 $31,759.56 $31,235.00 $0.00 $524.56 06/23/06 1528094 $25,375.71 $20,911.86 $0.00 $4,463.85 07/24/06 1534949 $988.35 $770.00 $0.00 $218.35 08/16/06 1539225 $11,398.18 $0.00 $0.00 $11,398.18 09/21/06 1546786 $4,760.00 $3,920.00 $0.00 $840.00 10/16/06 1551949 $22,142.50 $18,235.00 $0.00 $3,907.50 11/22/06 1562726 $16,386.06 $13,248.74 $0.00 $3,137.32 12/29/06 1572329 $10,777.43 $8,533.48 $0.00 $2,243.95 01/19/07 1577882 $6,123.52 $5,043.52 $0.00 $1,080.00 02/28/07 1586369 $3,804.08 $0.00 $0.00 $3,804.08 03/27/07 1590091 $8,074.94 $0.00 $0.00 $8,074.94 04/27/07 1600613 $17,077.96 $0.00 $0.00 $17,077.96 Total Prior Due $114,585.14 Balance Due $152,892.85 PAUL, %CASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 251" Floor, Los Angeies, CA 90071-2228 telephone 213.683-60001 facsimile 213-627-0705 / internet www,paulhastings.com Atlanta/ Beijing/ Brussels! Chicago/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris! San Diego/ San Francisco? Shanghai/ Stamford/ Tokyo! Washington, D.C. V"aulHastings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton FOR PROFESSIONAL SERVICES RENDERED for the period ending April 30, 2007 Collins Litigation Date Timekeeper 04/03/07 Derek V. Howard 04/12/07 Robert H. Freilich 04/13/07 Derek V. Howard 04/15/07 Derek V. Howard Description Telephone conference with S. Moore, D. Edlow and J. Glogau regarding Judge Audlin's scheduling order providing for motion deadlines Prepare investment backed analysis for trial brief Conference -with S. Moore regarding case developments and M. Quinlivan appraisals Conference with S. Moore regarding M. Quinlivan appraisals and upcoming depositions of M. Quinlivan, R. Gallaher, and D. Craig May 30, 2007 Please refer to Invoice Number: 1608121 PHJ&W Tax ID No. 95-2209675 $36,356.00 Hours Rate Amount 2.00 315,00 630.00 1.40 685.00 959.00 1.00 315.00 315.00 0.70 315.00 220.50 Monroe County Page 2 58551-00002 Invoice No. 1608121 Date Timekeeper Descri tion Hours Rate Amount 04/16/07 Derek V. Howard Review new appraisals from 7.00 315.00 2,205.00 Quinlivan; conference with S. Moore regarding same; conference with J. Glogau regarding discovery and other case developments; review correspondence from A. Tobin regarding expert on hurricane evacuation.; review state's motion to strike hearing notices, witness lists, Plaintiffs' motion to require disclosure of substance of witness testimony; review Plaintiffs' re -notice of hearings 04/17/07 Derek V. Howard Conference with S. Moore 7.80 315.00 2,457.00 and D. Edlow regarding Quinlivan appraisals and depositions of Gallaher and Quinlivan; review Quinlivan appraisals; leave message for Quinlivan; review correspondence from S. Moore and B. 5hillinger regarding mediation; prepare summary judgment motion; review Plaintiffs' notices of deposition 04/17/07 Robert H. Freilich Prepare nuisance of brief 2.20 685.00 1,507.00 (summary judgment portion) Monroe County 58551-00002 Invoice No. 1608121 Date Timekeeper 04/18/07 Derek V. Howard 04/19/07 Derek V. Howard 04/20/07 Derek V. Howard 04/20/07 Robert H. Freilich 04/21/07 Derek V. Howard Description Prepare summary judgment motion and legal memoranda; telephone conference with S. Moore regarding discovery; review message from and telephone conference with M. Quinlivan regarding appraisals; prepare correspondence to and review correspondence from J. Glogau, D. Edlow and S. Moore regarding case law on two -takings issue and review Keshbro case Review voice message from S. Moore regarding informal discovery by Plaintiffs, conference with S. Moore regarding same and depositions of Quinlivan and Gallaher; review Plaintiffs` notice of deposition; prepare memorandum of law in support of motion for summary judgment Travel to and from, and attend deposition of R. Gallaher in Miami; prepare partial motion for summary judgment; review correspondence from B. Shillinger regarding mediation Prepare statute of limitations of brief (summary judgment portion) Review correspondence from D. Kirwan regarding mediation; legal research regarding plaintiffs' motion for summary judgment Hours Rate 8.20 315.00 6.50 8.50 315.00 315.00 2.20 685.00 4.80 315.00 Page 3 Amount 2,583.00 2,047.50 2,677.50 1,507.00 1,512.00 Monroe County 58551-00002 Invoice No. 1608121 Page 4 Date Timekeeper Description Hours Rate Amount 04/22/07 Derek V. Howard Travel to and prepare for 6.50 315.00 2,047.50 deposition of M. Quinlivan; conferences with M. Quinlivan, S. Moore and D. Edlow regarding same; review case law 04/22/07 Robert H. Freilich Review Quinlivan appraisals 2.40 685.00 1,644.00 04/23/07 Derek V. Howard Attend deposition of M. 8.50 315.00 2,677.50 Quinlivan and pre- and post - deposition conferences with D. Edlow and S. Moore; prepare motion for summary judgment; review correspondence from J. Glogau regarding statute of limitations defense 04/24/07 Derek V. Howard Prepare motion for summary 5.10 315.00 1,606.50 judgment and supporting memoranda of law; conference with J. Glogau regarding depositions of Quinlivan and Gallaher 04/25/07 Derek V. Howard Finalize motion for summary 7.00 315.00 2,205.00 judgment and prepare correspondence to and review voice message from D. Rainier regarding filing; conference with J. Glogau regarding depositions and state's motions For summary judgment; review State's motion for summary judgment; prepare memoranda of law; conferences with S. Moore and J. Glogau regarding deposition of D. Craig and developability of wetland properties Monroe County 58551-00002 Invoice No. 1608121 Page 5 Date Timekeeper Description Hours Rate Amount 04/25/07 Robert H. Freilich Legal research regarding 2.20 685.00 1,507.00 extent of damage cases for summary judgment brief 04/26/07 Derek V. Howard Review and respond to 7.50 315.00 2,362.50 correspondence from R. Freilich regarding summary judgment hearing; prepare memoranda of law 04/27/07 Derek V. Howard Review correspondence 7.20 315.00 2,268.00 from A. Tobin regarding service of paper; review and respond to correspondence between A. Tobin and B. Shillinger regarding mediation venue; prepare memoranda of law 04/30/07 Derek V. Howard Prepare correspondence to 4.50 315.00 1,417.50 S. Moore, D. Edlow and E. Moran regarding Gallaher appraisals, review response thereto from E. Moran; conference with D. Edlow regarding motions hearing; prepare memoranda of law in support of motion for summary judgment; review correspondence from J. Glogau to J. Echever regarding status of litigation, Plaintiffs' theory of case Total Fees 103.20 $36,356.00 Timekeeper Summary Robert H. Freilich 10.40 hours at $685.00 Derek V. Howard 92.80 hours at $315.00 Monroe County 58551-00002 Invoice No. 1608121 For Costs Incurred and Advanced Airfare Meals Lodging Tani/Ground Transportation Long Distance Telephone Charges Total Costs Current Fees and Costs Due Prior Balance Due Total Balance Due Page 6 1,461.85 70.50 126.28 170.34 122.74 $1,951.71 $38,307.71 $114,585.14 $152,892.85 Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements Monroe County Fah # Matter Marne PHJW Number Inv. # Amount Description 1 collins Litigation 58551-00002 1,461.85 Airfare 2 collins Litigation 58551-00002 70.50 heals 3 collins Litigation 58551-00002 126.28 Lodging 4 collins Litigation 56551-00002 170.34 Taxi/Ground Transport. 5 collins Litigation 58551-00002 122.74 Long Dist. Tel. Charges 1,951.71 Total f3GCe1ved on Paul, Hastings, Janofsky & Walker LLP � vi 7 200? Attach here, ORIGINAL. receipts for all amounts greater than $25. Copies of charge EXPENSE REIMBURSEMENT FORM 1 arj slip received with American Express Without the statements are not acceptable. DATE SUBMITTED: April 27, 2007 original receipts, expenses will nat be reimbursed. EMPLOYEE NAME: Derek V. Howard f RECEMSY OFFICE: Washin ton D.C. f � � ACCOUNTS i�AYABL� . PAYMENT TYPE: 1804869 MAy 01 200+ DIRECT DEPOSIT - ❑LIVE CHECK PAUL, HASTINGS DESCRIPTION CUFNT MATTER! REIMBURSE.- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY Flight to Miami from Cleveland 4122107 Conference with Steve Moore & Dave Edlow & 58559.00002 222.33 RF attend deposition of Mark Quinlivan a e i icket Itinerary and Receipt pa&-_ I of 3 From: Continental Airlines, Inc.[continentalairlines@continental.com) Sent: Thursday, April 19, 2007 2:53 PM To: Howard, Derek V. Subject: eTicket Itinerary and Receipt for Confirmation CMDYKF To ensure delivery of this e-mail please add continenta!airlines@continental.com to your address book or approved senders list. See instructions for adding us to your address book. 4SAO' Confirmation: Prinitgt boarding pm atcontmentalcom CMDYKF Airlinesbia . , . ._...._ v�i ft 24 of pur fight Issue Date: April 19, nQ7 Traveler #TOWARD/DEREKVMR eTicket Number 0052186224800 Frequent Flyer CD-DG623526 Seats 18A FLIGHT INFORMATION Day, Date Flight Class Departure City and Time Arrival City and Time Aircraft Meal Sun, 22APR07 385 N CLEVELAND Fr. LAUDERDALE 737-500 (CLE) 3:30PM (FILL) 6:21PM Fare Breakdown Form of Payment: Airfare: 222.33 USD VISA -fax: 16.67 Last Four Digits 3875 U.S. Flight Segment Tax: 3.40 U.S. Security Service Fee: 2.50 U.S. Passenger Facility Charge: 4.50 Per Person Total: 249.40 USD eTicket Total: 249.40 USD The airfare you paid on this itinerary tots : 222.33 USD , The taxes you paid on this itinerary total: 27.07 USD Fare Rules: Additional charges may apply for changes in addition to any fare rules listed. NONREF/OVALUAFTDPT/CHG FEE Cancel reservations before the scheduled departure time or TICKET HAS NO VALUE. Add Collect: An additional amount for the difference In fare was charged to VISA XXXXXXXXXXXX3875 on April 19, 2007. 1.60 USD per ticket for an additional total of 1.60 USD was collected. Additional Thu., Apr. 19, 2007/VISA XXXXXXXXXXXX3875 was charged 100.00 USD for the following: Charges: Change Fee - 100.00 USD/100.00 USD per ticket tax included/NON REF eTicket Travel Reminders o Check -in Requirement - Bags must be checked and boarding passes obtained at least 30 minutes prior to scheduled departure. Baggage villi not be accepted and advance seat assignments may be canceled if this condition Is not met. o Boarding Requirement - Passengers must be prepared to board at the departure gate with their boarding pass at least 15 minutes prior to scheduled departure. e Failure to meet the Boarding Requirements may result in cancellation of reservations, denied boarding, removal of checked baggage from the aircraft and loss of eligibility for denied boarding compensation. 4/27/2007 } Depart: Cleveland 3:30 PM Arrive: Ft/auderdale 6.21 K A Board Time: 5 PM eTicket 00521862248003 Ilic PassI continental 46ALT "rl" es e Name: FiOWARD/DF-REKVMR 46 � Date: SUN 22 APR 2007 . OnePass: DG623526 587037 {;MDYKF 1,062 Miles Flight: CO 385'N ' Gale flay Chang®: {sate: ®` Gh4 $efore Departure seat: ° 1 f Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: April 27, 2007 EMPLOYEE NAME: Derek V. Howard OFFICE: Washington, D.C. PAYMENT TYPE - ER DIRECT DEPOSIT ❑ LIVE CHECK J I ii � � Site t an Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. �� f RECEIVED BY ACCOUNTS PAYA13LE 1804869 _—. MAI 0 UL , HASTINGS DESCRIPTION CLIENT MATTER/ REIMBURSE APPROVED DATE (include business purpose, names, and location) FIRM CHARGE RENT AMOUNT BY 4120107 Flight from DC to Miami 58551.0QQ02 �519.40 RF // Attend Deposition of Robert Gallaher lJ 0 Page 2 o Record Locator: SPNWBX Booking Code H Food For Purchase TICKET TOTAL Tout: $519.44 You may have purchased a "Special Fare" and certain restrictions apply. Some fares are NON-REFUNDABLE. If the fare allows-715-an-ges, a fee may be assessed for the change. Electronic tickets are NOT TRANSFERABLE. Tickets with nonrestrictive fares are valid for one year from original date of issue. If you have questions regarding our refund policy, please visit www.aB.com/refund . To change your reservation, please call 1-80DA33-7300 and refer to your record locator. Check -in times will vary by departure location. In order to determine the lime you need to check -in at the airport please visit wtwr.aa.comla'srporiexpectatlons. If you are traveling internationally, please ensure that you have the proper documentation. All necessary travel documents for the countries being visited must be presented at airport check -in. Check wMi the consulate of these countries to determine the documents required. Additional information can be found at International Travel. A summary of Terms and Conditions of Travel Is available by selecting the Conditions of Carriage button below. ft know why you fly' Amen"ca r A.com NRID:4256543342641713060472400 4/27/2007 r Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: April 27, 2007 EMPLOYEE NAME: Derek V. Howard OFFICE: Washington, D.C. PAYMENT TYPE_ DIRECT DEPOSIT ❑LIVE CHECK Receilred or? f 2907 Attach ]sere, ORIGINAL receipts for all amounts greater than $26. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. 804869 MAY 01. 20071 ESCRIPTION CLIENT MATTERI REIMBURSE- APPROVED purpose, names, and location) FIRM CHARGE MENT AMOUNT BY L4/20107 EfriomCleveland 58551.00002 255.79 R ition of Robert Gallaher 5 Orbitz: Travel Document Page 1 of 3 Howard, berek V. From: OrbitzTLC [travelercare@orbitz.com] Sent: Tuesday, April 17, 2007 2.54 PM To: Howard, Derek V. Subject; Travel Document - Cleveland 4/20107 Hello Derek, April 17, 2007 Thanks for traveling with Orbit. This e-mail confirms the ticket This purchase is subject to our number(s) issued for the "Cleveland 4120/07" trip, PH yjt olicy and our Terms d Conditions. Please review the ticket information: Billing Information At the airport Please note: you will see Enjoy a hassle -free airport experience with these travel tips separate charges for this from OrbitzTLC: purchase totaling the purchase — Remember to bring a valid government -issued photo ID to amount. the airport. Check specific visa and passport rt requirements. Credit card holder's name: — Obtain your boarding pass before entering the security DEREK V HOWARD checkpoint. See more check, -in tips Credit caret type: Visa Credit card number: — Plan ahead and arrive early for airport security. Please xKxKKxxxxxxx3875 review these updated security and packing g_uiciclines, as they may change periodically. Address: 87515TH STREET Check -in Information Because -you're traveling with an e4icket, no ticket will be WASHINGTON, DC 20005 mailed; to you. United States E-Mail: Ticket Information derekhoward@paulhastings.com Passenger(s): DEREK HOWAD x r Continental Airlines record locator: AZXV9F_' Ticket type requested: electronic (e-ticket) Orbitz record locator: AP130101AZXV9F8J ? i?rbiizTLCSM Alerts Airline ticket nu mber(s): 00515666736620 We automatically send alerts about flight status, delays and Have your travel plans changed? Many tickets can be i cancellations. Orbitz will send exchanged or cancelled online by visiting "My trips" and alerts to your Mobile phone - clicking the Chan elcancei airline ticket option. voice: 202-631-8136 Friday, April 20, 2007 Continental Airlines 9305 Operated by: C09305 OAR l)pda�e alerts setup. 4/27/2007 0,rbitz: Trsvet Docwnent Page 2 of 3 13� $* OULF'T EAM DBA CONTINENTAL CONNECTION « Please check in with the operating carrier Miami International (MIA) to Orlando International (MCO) Departure (MIA): April 20, 2:45 PM EDP' (afternoon) Arrival (MCO): April 20, 3:55 PM EDT (afternoon) Class: Economy Seat assignment: 1 F .view/change seats Friday, April 20, 2007 Continental Airlines 1560 Orlando International (MCO) to Cleveland Hopkins International (CLE) Departure (MCO): April 20, 5:35 PM EDT (evening) Arrival (CLE): April 20, 7:58 PM EDT (evening) Class: Economy Seat assignment: choose eats. Passenger. DEREK HOWAD Airline ticket nurnber(s): 00515666736620 rocket type: electronic (e-ticket) Total aiirfare: $249.80 (including taxes) Service fee: $5.9 Total trig cos 255.79 USD - Unless otherwise specified, all costs are provided in US dollars. Please note that your fare may carry restrictions. Changes to your itinerary may result in additional fees. Review the fare rules in "MM.P.§ to learn more. Important notice related to ticket terms And po " in Us, Z You may receive an e-mail from Orbitz if a schedule change occurs prior to or during your trip. Such changes also will be noted in "My Tr _s". We recommend you check there periodically before your trip. If there are changes to the tiight(s), bring a printout with the updated itinerary and ticket number(s) to the airport. You can use the e-mail that comes 2-3 days before departure. .darn ore a quLQ bitzTL.0 krfs Mewl Look up your itinerary and flight status on your mobile phone at mobile.orbitz.eom. Learn more rbitz extras You have purchased Airline Ticket Protector for the following traveler(s): Derek V Howad You should have received a separate confirmation e-mail detailing your policy. Please be sure to carry a copy of that confirmation with you on your trip. If you need any assistance with your travel protection, please contact Access America at 877-693-4989. See ad�iit gn4 coverage -Qptions 4/27J2007 I Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORD DATE SUBMITTED:Al2HI 16, 2007 EMPLOYEE NAME: Derek Howard OFFICE- Washington, D.C. PAYMENT TYPE: ® DIRECT DEPOSIT LIVE CHECK <J Attach here, ORIGINAL receipts for all amounts greaterthan $25. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses vA]J not be reimbursed. DESCRIPTION CLIENT MATTER! REIMBURSE- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY 113 to 56551.00003 3. t 3128/07 Airfare from Ft. Lauderdale to Washington, DC 113 to 58551.00002 219.40 RF 113 to 58551.00005 A,-) 3 0 B Howard, er . From: reservations@spiritair.com Seat: Tuesday, March 27, 2007 10:42 PM To: Howard, Derek V. Subject: Confirmation Thank you for booking with Spirit Airlines. Your flight confirmation is below. Please review and retain for your travels. Confirmation information: Reservation date: 27Mar2007 Record Locator: KPXBXZ Reservation for: HOWARD/DEREK Adult 1 28Mar2007 NK816 L (, Non -Refundable) 07:35pm FT LAUDERDALE/HOLLYWOOD INTL (FLL) 09:59pm WASHINGTON REAGAN NATIONAL (DCA) Fare breakdown ADULT Fare 138.61 USD, 2.50 USD, -10.39 USD, 4.50 USD, 3.40 USD, Total Fare 159.40 USD ------------- US 911 Security fee US FET US Passenger Facility Charge US Segment Tax The "Total paid" amount is inclusive of voucher and credit card payments combined, when applicable. We encourage you to reconfirm your reservation one week in advance of scheduled travel by visiting www.spiritair.com. You can select your seats, obtain boarding passes, modify and cancel your reservation online by following the steps below. Seat Assignments Please review the guidelines below when selecting your seats online at spiritair.com. Please note that only reservations made through spiritair.com and the Spirit Reservations Center are eligible for advance seat assignments. Seat assignments are available within 90 days and up to 1 hour prior to each flight's departure. Online seat assignments are based on availability and may not be open for your flight. Other restrictions may prevent you from obtaining an advanced seat assignment. Remember you may always have your seat assigned at the airport on the dayof departure. If a seating assignment request cannot be selected for your outbound flight please continue the process, as seat assignments may still be available for your return trip. i Steps for selecting your seats: 1. Click on the link provided in your confirmation email or go to: https://ww-w.spiritair.com/Welcome.aspx?pg=bkgModManager 2. Enter your last name along with the Record Locator provided in this confirmation email and click on the "Search Now" button. 3. Click on the "Assign Seats" button. 4. Click on a seat in the graphical seat display. 5. Click on the "Next" button to request seats on return flight, if applicable. 6. Click on a seat in the graphical seat display. 7. Click on the "Next" button to review the seats you. selected. 8. Click on the "Reserve" button to confirm you seating request. g. Click "OK"' to confirm your selected seats. The seats you selected will be displayed. You will receive an email confirming your seat selection. Boarding Passes Please review the guidelines below when printing your boarding pass online at spiritair.com. After your seats have been assigned, you may check -in to print your boarding passes within 24 hours and up to 1 hour prior to each flight's departure. You may always obtain boarding passes at the airport on the day of departure. Boarding passes may be printed online, but check --in at the airport ticket counter on the day of departure is required for passengers checking luggage. Boarding passes may not be printed online for passengers traveling as unaccompanied minors, passengers traveling with pets, group reservations and reservations containing international destinations. Other restrictions may prevent you from printing your boarding pass online. Steps for printing your boarding pass: Please note that once you print your boarding pass, you may not change your seat assignments. 1. Click on the link provided in your confirmation email or go to: https://www.spiritair.com/Welcome.aspx?pg=bkgModManager 2. Enter your last name along with the Record Locator provided in this confirmation email. 3. Click on the "Boarding Pass" button. 4. Your boarding pass will display. 5. Click on the print icon in your Web browser to print your boarding pass. Changing/Canceling Your Reservation For the list of rules regarding changes or cancellations, please click below to review the Spirit Airlines Terms and Conditions. http://www.spiritair.00m/asp-Popup/popup_terms_conditions.aspx Steps for modifying or canceling your reservation online: 1. Click on the link provided in your confirmation email or go to: https://www.spiritair.com/Welcome.aspx?pg=bkgYodManager 2. Enter your last name along with the Record Locator provided in this confirmation email. 3. Select the flight you would like to change. 4. Click on the "Change" button S. Select the new flight or date. 6. Confirm your new selection and click on the "Check out" button. 7. Enter your credit card if applicable. 8. Click on the "Book Reservation" button. ' ,9. Review your new summary page. You will receive an email confirming your itinerary changes. When modifications are made you are .required to reselect your seats and obtain new boarding passes. Day of Departure Effective January 8, 2007, all U.S. citizens (including infants and children) will need a valid passport to travel to and from Bermuda, Canada, Mexico, Central and South America, and the Caribbean (excluding Puerto Rico and the U.S. Virgin Islands). Please: visit the U.S. Department of State for further details. Check -in begins three (3) hours prior to departure at the Spirit Airlines ticket counter. Spirit reserves the right to cancel the reservation or seat assignment of any passenger who does not have a boarding pass at least 30 minutes prior to scheduled or posted departure; 45 minutes for Atlanta, Las Vegas, Los Angeles and San Francisco; and 60 minutes for all international flights and St. Thomas. Due to additional TSA screening requirements and/or international security procedures, customers wanting to check baggage are required to do so at the ticket counter at least 30 minutes before departure; 45 minutes for Las Vegas, Los Angeles, Atlanta and San Francisco; and 60 minutes for all international flights. Customers presenting themselves at the boarding gate Jess than fifteen (15) minutes before the departure (30 minutes for international flights) may lose their reservation and become ineligible for denied boarding compensation. For further assistance you may contact the Spirit Airlines Reservations Center by calling toll free 800-772--7117 or en Espanol al 800-756-7117. Thank you for choosing Spirit Airlines Enjoy your travels. 3 SPIRIT AIRLINES 1859742 2800 Executive Way 14iramar> --FL-_33025- Received: $60.00 charged to American Express account: XXXXXXXXXXX1013 authorization code: 106418Z 2nd Bag $ 10.00 O've i4 eight Baggage $ 50.00 %its i tijiit: U01f)7- on flaw 03/25/0,l Cardholder: DEREK HOWARD I agree to pay alcove total amount according to card ajreeflicnt. C0310 KPX8XZ 03/28/01 06:46PM i Lardhalder copy 9 Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM RECEIVE[) By DATE SUBM)n ED: April 16,200 ACCOUNTS PXYABLS EMPLOYEE NAME: Derek Howard APR 1 � 200 l OFFICE: Washin ton D.C. PAUL7 HASTINGS PAYMENT TYPE. ® DIRECT DEPOSIT ❑ LIVE CHECK 4-s� I 9�ig, Attach here, ORIGINAL receipts for all amounts greater than $25_ Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses vAJ not be reimbursed. 1631838 DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE MENTAMOUNT BY 3/16107 Airfare from Washington, DC to Ei Lauderdale 113 to 58551.00003 170.39 RIF (Galleon Bay Oral Argument in Miami, Emmert & 1/3 to 58551.00005 �s�q. �• Collins trial preparation 1/3 to 58551.00G02 � S Orbitz: Travel Doomnent Pa�c 1 of 3 From: OrbitzTLC (travelercare@orbitz.comj Sent: Thursday, March 15, 2007 10:06 AM To: Howard, Derek V. Subject: Travel Document - Fort Lauderdale 3116/07 Hello Derek, March 15, 2007 Thanks for traveling with Orbitz- This e-mail confirms the ticket This purchase is subject to our number(s) issued for the "Fort Lauderdale 3116107" trip. Privacy Policy and our Terms and Conditions. Please review the ticket information: Billing Information At the airport Please note: you will see Enjoy a hassle -free airport experience with these travel tips separate charges for this from OrbitzTLC: purchase totaling the purchase -- Remember to bring a valid government -issued photo ID to amount. the airport. Check specific visa and passport requirements. Credit card holder's name: -- Obtain your boarding pass before entering the security DEREK V HOWARD checkpoint. See more check -in tips Credit card type: Visa Credit card number. -- Plan ahead and arrive early for airport security. Please xxxxxxxw=3875 review these updated security and packing guid.iinms, as they may change periodically. Address: 875 15TH STREET Check -in Information Because you're traveling with an e-ticket, no ticket will be WASHINGTON, DC 20005 mailed to you. United States Ticket Information i f derekhoward@paulhastings.com Passenger(s): DEREK HOWAD US Airways record locator: C1 PF7C � Ticket type requested. electronic (e-ticket) I Orbitz record locator: AP11010135FIZ45R I OrbitzTLCSM Alerts Airline ticket number(s): 0377666533475 ! We automatically send alerts about flight status, delays and i Have your travel plans changed? Many tickets can be cancellations. Orbitz will send I exchanged or cancelled online by visiting ®My trips" and i alerts to your Mobile phone - clicking the Change/cancel airline ticket option. I voice: 202-631-8136 Friday, March 16, 2007 US Airways 9 1611 i �ipd�t�lrs setlap. 4/16/2007 Orbitz: Trawl Documont 'age 2 of 3 Washington Ronald Reagan National (DCA) to Fort Lauderdale International (FLL) Departure (DCA): March 16, 8:35 AM EDT (morning) Arrival (FLL): March 16, 11:06 AM EDT (morning) Fare Basis Cote: TAON1K Class: Economy Seat assignment: 31 D Avwlchaane $eats Passenger: DEREK HOWAD Airline ticket number(s): 0377666533475 Ticket type: electronic (e-ticket) Base Farr: : $154.00USD Taxes : $16.39USD Service fee: $5.9 Total trip cost. 170.39 US Unless otherwise specified, all costs are provided in US dollars. Please note that your fare may carry restrictions. Changes to your itinerary may result in additional fees. Review the fare rules in "My Trips!'to learn more. Important notice related to ticket trrriS grid conditions. You may receive an e-mail from Orbitz if a schedule change occurs prior to or during your trip. Such changes also will be noted in Vv Trips". We recommend you check there periodically before your trip. If there are changes to the fEight(s), bring a printout with the updated itinerary and ticket number(s) to the airport. You can use the e-mail that comes 2-3 days before departure. Lastly, you can always look up your reservation under "My "rips' or on your HL9 il� phase at mobile.orbitz.com. If you have any questions, you can a -mail us. Thank you for choosing Orbitz. Enjoy your tripl OrbitzTLC Team P.S. Need an answer? Check out our Customer Service ILe rn more 4 oLtt Ear itzTLO Alerts New! Look up your itinerary and flight status on your mobile phone at mobile.orbitz.com. Learn more Orbitz extras AIRLINE TICKET PROTECTOR Protect against trip cancellations and interruptions with Access America, an Orbitz partner. Coverage is available for a non- refundable airline ticket up to $3,000. Important limitations apply. guy 4 irli a Ticket Protector 4/16/2007 r Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATESUBMITTED: April 27, 2007 EMPLOYEE NAME: Derek V. Howard OFFICE- -Washington.D.C. PAYMENT TYPE- ® DIRECT DEPOSIT ❑LIVE CHECK r�. Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE (include business purpose, names, and location) Flight from Ft. Lauderdale to DC FIRM CHARGE MENT AMOUNT j BY 4123107 58559.OE}002 334.41} Retum home from deposition of Mark Quinlivan Howard,, Darek V. From: reservations@spiritair.com Sent: Monday, April 23, 2007 8:15 AM `Ca: Howard, Derek V. Subject: Confirmation Thank you for booking with Spirit Airlines. Your flight confirmation is below. Please review and retain for your travels. Confirmation information: Reservation date: 23Apr2007 Record Locator: KQYLHK Reservation for: HOWARD/DEREK Adult 1 23Apr2007 NK816 A (, •Non --Refundable) 07:35pm FT LAUDERDALE/HOLLYWOOD INTL (FLL) 09:59pm WASHINGTON REAGAN NATIONAL (DCA) Fare breakdown ADULT Fare 301.40 USD, 2.50 USD, US 911 Security fee 22.60 USD, US FET 4.50 USD, US Passenger Facility Charge 3. USD, US egment Tax Total Far 334.40 USD The "Total paid" amount is inclusive of voucher and credit card payments combined, when applicable. We encourage you to reconfirm your reservation one week in advance of scheduled travel by visiting www.spiritair.com. You can select your seats, obtain boarding passes, modify and cancel your reservation online by following the steps below. Seat Assignments Please review the guidelines below when selecting your seats online at spiritair.com. Please note that only reservations made through spiritair.com and the Spirit Reservations Center are eligible for advance seat assignments. Seat assignments are available within 90 days and up to 1 hour prior to each flight's departure. Online seat assignments are based on availability and may not be open for your flight. Other restrictions may prevent you from obtaining an advanced seat assignment. Remember you may always have your seat assigned at the airport on the dayof departure. It a seating assignment request cannot be selected for your outbound flight please continue the process, as seat assignments may still be available for your return trip. I SPIRIT -PLUS SPIRII PLUS SP 5PIRIT PLUS S S 37, DCA 02C ZONE I kshington, DC R gan fat iopal ) HOWARD, DEREK 23-Apr-07 Hate, H-3 Bourdiriq line: 06 . 50P Please ba (in the aircraft 20 minutes before the departure time. THANY. YOU for flying Spirit Airlines. filu oinit our vjebsite at spit'VouE - SaB85 Paul, Hastings, .lanofsky & Walker LLP EXPENSE REIMBURSEMENT FORM RECEIVED BY DATE SUBMITTED: April 16. 2007 ACCOUNTS PAYABLV EMPLOYEE NAME: Derek Howard APR OFFICE: Washington, D.C. PAUL; AST ! PAYMENT TYPE: a� ® DIRECT DEPOSIT ❑ LIVE CHECK Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses Ml not be reimbursed. I��sa3 III��VUINIIIIIIIN 1631838 DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY Meal Per Diem 3M/07 (Key West/Marathon—Conference with Irene Toner) 58561.00002 47.00 RF S STAW O«LOaIDA iRAVEI�R r-v�c - '�'��ts'f" ....Y AGENCY UDt ci4en GOR NEADQUARTMS E.O DF TRAVEL .-.,".PEPISE Chock One: _OFgc;: UwFLOYEE t)Pd SF.§PLQYEEflidD. C(iAiit2riL7pR RESIDENCE OTY Date �O - Travel Pericnmad Foam 6Wra of Origin To DostbAlan Perpaso or Psasan (Name of Confr ereco) _ Hour of Dapattura and Hour,_ of Rolurn W,8s for Clsss A Fa G Travel Per €tlem or ActvaF Lod; nB Exp4nsos Cuss C Pdeakt Map Ulaoaa Clowned Vicinity Woop Claimed Ocher l:xpan,as Amount TYpD 7 9 MU pi.o- ® 6+8 •• . M Y7. bJ FA M M prt M M 1A M M M M Statement n! Bane)i[s to the Su(Conterenca orCfxtaenUan) s 1.om®e. r J;Pv1-vf . M bib%9' t Cal MA Total Ca4um Tote! i Column Tow M 6 Column rot -al summ= TOTAL @ SOA0 per r"L- AavoMng Fund: Chock No. Chock Date Asi ncy Vevcher No. Advanee: Warrant Na. Warrant Data Statewide Doc. No. Agency Vuuchcf no. LESS ADVANCE FECE}VED SI } LESS CLASS C MEALS (OificertlEmpivizes Only) $( ) RET AMGtJ IT DUE S s t hNaty talY� a1'4m hel dre e6tla wrwsu eeleL�a innrtM ty rte M 6ee.s..ry trend eepmaa. h ■+i paiusnuet •W da-pw flmm at a c.ttuer_. a ccnr.ttio. u.r flscrtrrt4'+d to attdd e� d rM Kvzty, try p�d.er lr7 rig Ln 64sd to a eaiKenss a sra w <egUvvatkn Ire harm easa d.dia" fsvr 0,'s anti c6irti' and oat M. etch. rs Ur ved wrest N every ne`-W nr.:r end aama WJa l fn wary rsapxt of Seth. tt?-ne t. FWA Sum- TRAVELER'S SIGNATURE: �p I DATE FAEPAFED: �° TITLE: P n t m Zf-112-eel t1Y.a.V Ptwtde StmA.v. t.a..ty nnay w ttfrn trot to the br.t o rry ��u .Sew bend wrt w atkht t.' s 0 it. stew ar A.W. ¢d wa F.-L ud for "pirp -OA rued ab.vr. SUPERVISOWS SIGNATURE: SUPEAV)SOF'S TITLE: OATE APPFOVEU FOA AGENCY USE: A y t L • Paul, Hastings, lanofsky Walker LLP Attach here, ORIGINAL receipts for all amounts greater than $25• Copies of charge EXPENSE REIMBURSEMENT FORM FIF-c <IVEID $lip received with American Express statements are not acceptable. Without the DATE SGBMIT E1):_ April 16. 2007 AGCflUN S PP.YABL� original receipts, expenses will not be reimbursed. EMPLOYEE NAME: Derek Howard Af OFFICE: Washington, D.C.HASTINGS PAYMENT TYPE: ® DIRECT DEPOSIT l 1 1631838 ❑ LIVE CHECK DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE {include business purpose, names, and location) FIRM CHARGE MENT AMOUNT Meat Per Diern 1/2 to 58551.00002 13/27107 47,00 RF t rp�oy 1IllestlMarathonlKey Largo —Pretrial Conference 1!� to �8551.00005 �in Collins; Pretrial meeting in Emmert) ' 0 STp.Yrz 07rWRIDA TRAVELER �` ""�•-�9' AGENCY VGvcHERS'on pvmst1RSF.SuNr FIFA0QUART—ViS �—O (r ' OF TRAVEL EXP€RSE lhoc� One: — OFFICsWf MPI,0VEE tflQN-Eh1FL0YEE,1NO. COHTMCTCR REMENCE CITY t , - ay, - D � 0ale p - Trzv8 Periermad Nom t'ot:rl of Odgln To Duv(b,;4lon Ptaposo or ftaaaon (Noma of CoMmoncel Flour of Dopartwa and Hour;, of Roturn McJls fot Cinss A & Q Tteval Per Dterm or Aetuat Lodi nD Expenses Cues C &teats Map f9le go Lio'cnod Vicinity h490090 Claimzd 011ie, E:'pamses Antpunt Typs � 'eta : - � /'•�P !.%�n .�f M 77-0 7 6 a, 7 M Y7, Cao L?s Ffl Nl m m m m 01 m M M la4 Statement vt Benefits to the State: {Conference orConventloni :ces 0e ri?'.rtr D bib-a Cafumn Total CaUmn ToW Ce'umn Total Mimes Column Total StJ�tM - TOTAL (el W.40 pe[ rule, Revolving Fund: Check No. Chock Pats Agamy Voucher tic), 1 Advance: LES5 ADVANCE RECE{VE0 ICEW 5I } Warrant ND. Warrant pate Statmide Doc. W. Agency Voucher No, CLASS C WEALS White rslEmplufeas Ortlyl 61 A'EiAMXJNT DUE S 7'v� t hesaiy[va ee.Y4m a,.ri+. abere a[parn.,cl.ay iexuned l7 ra w.nsvrsr/[r[+d iwprmni�n[pbielllrttleo xY/c`I'eiel'di'iRr;lhertCart[e e[a ' eak!an_evca.R.rtie. +sae d';s.tu.r4xd tautrest"kn A�8 kt"rY sc�caaea }�y kc6E:d y...&m.am a brabw r.y�hpa[fra t=alwso t. da4r[,af i:ar P.'a a.rd [bin: e:sd 04, Ghee do, is. ead mraet in a'+etY r+tsa.t rame. and uma rq[srerrra sn wa.y>a[�s[, 1 � 8w a ramd+i. I liKr,�a tti.Let. Flada suFc:ef. . TRAVELER'S SIGNATUM: rp DATE FWARED: 90 / TITLE: :a w � ° L� PrssiminSeel:or7lx.WrtiY.r.L�r�te+5ts'Aer, 1'."y C"ft et ffm Val to 7M r"[-'t rq rrawbd�a�a eSm �avdwa[pt erseat W+`:ute c4 It. S[rA of FW.;m axd prGrawa rer R.r v.�ai I - Ad dwe. SUPERVISQFVS SIGNATURE' SUPERMS9ii'S TITLE: PATE APPROVED: FOR AGENCY USE: 'ii f Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: April 27 2007 EMPLOYEE NAME: Derek V. Howard OFFICE: Washington, D.C. PAYMENT TYPE: ® DIRECT DEPOSIT ❑ LIVE CHECK RE?Ceilfe r ot, i AO ��(�� Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip received with American Express } statements are not acceptable. Without the original receipts, expenses will not be reimbursed. ACCOUNTS RECEIVED ; 1804869 MAY 01 2007i lL, HASTINGS DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY Hotel in Miami 4/22107 Conference with Steve Moore & Dave Edlow & 58551.00002 ` '126.28 RF attend deposition of Marie Quinlivan t ._ Hblel.s.com ConzLrination and Detailed 'Receipt Tugs 1 of 2 Howard, Derek V. From. customercare@hotels.corn Sent: Sunday, April 22, 2007 2:08 PM To: Howard, Derek V. Subject: Hotel booking Confirmation g i - 70'e, i.7mov. it rril I Hotels.com Booking Numbers, 044306992 Guest: DEREK HOWARD Please referto these booking numbers if you need to contact hoteis.com customer service for any reason. i';��.5�:`z r•�-% i��iya"='i:ii.j�•l;4':-� E:i'::1 ::i�� _ '• _ �:=:i�Iel;�'[ _ s Best Western South Beach 800-664-6835 1050 Washington Ave Miami Beach, FL 33139 Check-ln: Apr 22, 2007 Standard King / Queen (check4n time: 3 p.m.) DEREK HOWARD Check -Out: Apr 23, 2007 (check-outtime: 12 p.m-) �ftDrivinq Direotionp. a__Mn 10 Property information Rates per Room (exctuding tax recovery charges and our service fees.) Apr 22, 2007 — $109.00 Extra Person Fees $ 0.00 Tax Recovery Charges $17.28 & Service Fees Total Charges 1 (includes tax recovery charges and our ser vtt Payment information Payment Method: Credit Card Card Number. °a'"'°" *1013 Expiration Date 1211999 Amount Charged: $126.28 Balance Due: $ 0.00 All Prices in USD. 4/27/2007 aiels.com Confirmation and Detailed Receipt Page ? of Cancellation Policy Cancellations or changes made before 11:59 PM (Pacific Daylight 't Time (US & Canada); Tijuana) on 0412112DO7 are subject to a 25.00 USD penalty. Cancellations or changes made after 11:59 PM (Pacific Daylight Time (US & Canada); Tijuana) on 04121/2007 are subject to a 100% Cost of Stay penalty. No refunds will be made for no-- shows or early checkouts U.S.A roll Free:1-809-219-4606 Men in Europe: Q0 8001066 1066 Email Us I Customer Care I View Reservations ify_g>*SONlIn I Cancel Reservations l-leWulInformation Check In Time - 3 p.m. Check Outrime -12 P.M. Credit card required Guestrooms-135 Hotel Built- 1930 Last Renovated - 2002 Minimum check -in age - 21 Photo identification required 24-hour front desk lj ie ';.......!.... ` _i ii'e'1�5iailiR4 l Ern„, `,? 'fit 3 i - t' H y _ 13�_I}ati ...�;:riin��iz i?!'�{.s i�T::': ��i:':.%l4'I•".G!.bv..a_.-.-.... _.__... _..::'lt'NI«::�'I,:�-r .. s t Buy Fast Feel Sgure, Cat[ 888 903 7768 24fF 4/27/2007 Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM RF071VF_0 SY DATE 5U8MJTTEA:__April 16, 2007 ACCOUN''S PAYA�1� EMPLOYEE NAME: Derek Howard APR Z4� I OFFICE: Washington, D.C.PAUL7 HASTINGS PAYMENT TYPE: ® DIRECT DEPOSIT ❑ LIVE CHECK 4-so(J.'a, Attach here, ORIGIMAL receipts for all amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable. Without the original receipts, expenses YAJI not be reimbursed. I 1 111 11 l[ 1631833 DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY Car Rental 1/3 to 58551.00003 3116/07 (Galleon Bay Oral Argument in Miami, Emmert & 113 to 58551.00005 376.26 RF Collins trial preparation) 113 to 58551.00002 a --RAVESTAIr f L�i' OF FL04IUA L6R kP- AGENCY a.+ -emn V,UCNERFpRRE1TFdii7R5E.F45VT ttEADQUART071S t PA;�- DF TRAVEL UPENSE e CharA One; _0FFICWSf4PL0YEE !°`NON-EMFLOYEEAfdf3. CONYMCTOR RESSDEWCE 0TY Date I• 20—Q Trcvd Perfofm.Sd Team Point of Origin To 6oLlE+alian ?trpaso ar RCDSon Q.am* of Ccnlcroncal Hour ol, U:rpsztiuo end Hour;. of Rotvrn Mzals for Class A & U Travel Per Di:m ar Actual Lad, rtg Exponeol 025a C Meeb Map t4 R*no Ctorned Vioinity Woogs Claimed Other Expanses Amount Tq!» dill 7, lee,A /Ee A"*- A9 % o a M M M �l A9 R9 PI M . Ni PA M Statement of 8antlils to tho State: (Coniertneo �Conuerstlonf -p T S'd• 4 � � s-,,v ® fib Co!uffm Total Cahnm Tow Co'urnn Total Mks Coramp Total SUMM TOTAL CY $0.40 Per MID .$ s $ 39�Z s 90e RavolAng Fund: - Check NO. Check C7atm Ag_ncy Voucher No, Advance: Warrant Na. lyarranL Data Sletevdde Doc. No. Agency Voucher No. LESS ADVANCE RECEIVED S( ) LESS CLASS C MEALS (Offecaro!Emplovoes Only) Sl 3 h-4T AWOUNT DUE S k hxi{y cW*vmr fi—eu19n swe sxPxt.,W j bnrnd by rs ..scarf I wda.Pmaas s. d+t WO -MI R sn i:w chase; o-4an tt 'rameaev-. asa ux nar3ms xr Q' W,04ud1. dfdet eW-d tto et.W.Mmhak4g;"L-InLrd ktaoaratneaaocmbabrrr,Tkaslbn rre hs bufo dtdJrtat crW& or a shim Wd ttat G. d'Em is trw wd MT -a in avrry r xr w r ,mnd w tusm wrdrnra in a?srS' --A -'5 d,e rmgWtura•Na mr Sense na.e67.FkeA5uh'.s1. _' TRAVELER'S SIGNATURE: 011TEPREPAREO: �E3 P Tree: :� a (®/"`� . P.rsWt to Swim 112.091 tiFA.k fklW St -- MrFa %y—ft a 14rrr, trat to it. bw i rT,'sr,�wydow"mS- yew v,at sn OkW bossssto d ice Stc ar Fkmhu eed W. pni exd rtt tlmpsrpo®!.l YA1.4 sbwr. SUPERVISOWS SIGNATURE: SUPERVISOR'S TITLE: DATE APFflOVED. FOR AGENCY USE: r Paul, Hastings, Janofsi & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: _April 27._20©7 EMPLOYEE NAME: Derek V. Howard OFFICE:. Washington, D.C. PAYMENT TYPE: ® DIRECT DEPOSIT ❑ LIVE CHECK f�ece�4red on 1 ��a �i {7�07 Attach here, ORIGINAL receipts for all i .() amounts greater than $25. Copies of charge slip received with American Express statements are not acceptable. Without the F, original receipts, expenses will not be reimbursed. ACCOUNTS PAYABLE 1804869MAY 0 1 2097i PAUL, HASTINGS DESCRIPTION CLIENTMATTERI REIMBURSE- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE AGENT AMOUNT BY Rental Car in Miami '�14.92VRF 4122107 58551.00002 Abend deposition of Mark Quinlivan FT. LAUDERDALE INT'L RENTAL RECORD: H06360740 HOWAD DEREK comflLuED qt. - — _BSTCHD ^ I RENTED: FT. LAUDERDALE INT'L RENTAL: 04-22-07 1836 t RETURN: 04.23-07 1532 MILES IN: 3262 OUT: 3182 s 4 MILES DRIVEN: so SPC fRGUDt PLAN IN/OUT: CLS: SCAR 1 DAYS 17.31 17.31 SUBTOT 17.31 � TAXABLE TOT 17.31 S SALES -TAX INCLUDED y FUEL 4.990 16- CONGFEEREG 178 . C3.95 CFO + 47 TAG BEG FL SURCHG 2.03 FLATAX 2.54 NET DUE 44.92 PAYMENTS .44.02 PAID BY: AX i013 : txiasa4rxi CREDIT CARDf: t 1 i M May 20 2007 13:03:20 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00002 25281020 175497 211 041707 PHJW 33.43 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T37 Time: 10:47 Duration: 00076.00 Phone Number: 8167771012 8167771012 10:47 76 25281021 175497 211 041707 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3737 Time: 13:32 Duration: 00001.00 Phone Number: 3056327503 3056327503 13:32 1 MATTER TOTAL: 33.87 GRAND TOTAL: 33.87 TOTAL VALID ENTRIES .00 INVALID ENTRIES .00 ENTRIES POSTED 2 33.87 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 2 33.87 Page: i Ledger Loc Valid Posting ➢ate Mod. Amount Code Flag Batch Modified Optr. 33.43 SCOST WDC P 298541 041807 1842 Howard, 0.44 SCOS€ WDC P 1842 Howard, 33.87 33.87 298541 041807 May 20 2007 13:04:57 PRECOST TABLE REPORT Controt Cost Transaction Flatter Number Counter Group Code Date Tkeep Quantity Rate 58551-00002 25291153 175620 211 041907 PHJW 3.96 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T39 Time: 10:34 Duration: 00009.00 Phone Number: 8169162987 8169162987 10:34 9 GRAND TOTAL: 3.96 TOTAL VALID ENTRIES .00 INVALID ENTRIES : .00 ENTRIES POSTED : 1 3.96 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 1 3.96 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.96 SCOST WDC P 298737 042007 1842 Howard, 3.96 May 20 2007 13:05:36 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00002 25285686 175551 211 041807 PHJW 35.19 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T38 Time: 11:43 Duration: 00079.00 Phone Number: 8167771012 8167771012 11:43 79 GRAND TOTAL: 35.19 TOTAL VALID ENTRIES 00 INVALID ENTRIES 00 ENTRIES POSTED 1 35.19 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 1 35.19 Page: 1 Ledger Loc Valid Posting Date Mod, Amount Code Flag Batch Modified Optr. 35.19 SCOST WDC P 298640 041907 1842 Howard, 35.19 May 20 2007 13:06:15 PRECOST TABLE REPORT Page: i Control Cost Transaction Ledger Loc Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr, 58551-00002 25314584 175924 211 042507 PHJLI 16.72 1.00 16.72 SCOST WDC P 299116 042607 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T44 Time: 11:14 Duration: 00038.00 Phone Number: 8504143817 8504143817 11.14 38 1842 Howard, 25314585 175924 211 042507 PHJW 0.44 1.00 0.44 SCOST WDC P 299116 042607 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T44 Time: 11:53 Duration: 00001.00 Phone Number: 3052923576 3052923576 11:53 1 1842 Howard, 25314586 175924 211 042507 PHJW 15.84 1.00 15.84 $COST WDC P 299116 042607 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T44 Time: 10:02 Duration: 00036.00 Phone Number: 8169162987 8169162987 10:02 36 1842 Howard, MATTER TOTAL: 33.00 33.00 GRAND TOTAL: 33.00 33.00 TOTAL VALID ENTRIES .00 INVALID ENTRIES .00 ENTRIES POSTED 3 33.00 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 3 33.00 May 20 2007 13:07:03 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00002 25334424 176149 211 043007 PHJW 16.72 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T47 Time: 15:32 Duration: 00038.00 Phone Number: 8167771012 8167771012 15:32 38 GRAND TOTAL: 16.72 TOTAL VALID ENTRIES .00 INVALID ENTRIES .00 ENTRIES POSTED 1 16.72 FIRM ENTRIES .00 ------------------------------------------ TOTAL: 1 16.72 Page: 1 Ledger Loc Vatid Posting Date Mod. Amount Code Flag Batch Modified Optr. 16.72 SCOST WDC P 299418 050107 1842 Howard, 16.72 BOARD OF COUNTY AGENDA ITEM SUMMARY * REVISED BACK-UP* Meeting Date: July 18, 2007 Division: County Attorney Bulk Item: Yes No X Staff Contact: Pedro J. Mercado AGENDA ITEM WORDING: Approval to execute a 1) Memorandum of Understanding 2) Declaration of Non Exclusive Irrevocable Easement 3) Ground Lease Agreement and 4) Memorandum of Lease with the City of Marathon (hereafter "City") for the installation of the City's force main sewer line along the Florida Keys Marathon Airport (hereafter "FKMAP") utility easement; conditioned upon approval by the Federal Aviation Administration (hereafter "FAA") and review and acceptance by Monroe County Engineering of the Easement Parcel Survey to be provided. ITEM BACKGROUND: The County leased property at the FKMAP to the City of Marathon for the purpose of building a fire station that would serve the citizens of Marathon and could also provide fire protection services to the airport. Construction of the fire station is nearly complete and the City is requesting that the County grant the City a utility easement for purposes of installing a sewer force main that would serve the fire station as well as all of the FKMAP. Along with many areas of the Keys, the City is also in the process of installing a central sewerage system. The County has a 40 foot wide strip of property along the service road of the FKMAP and utility easements have previously been granted to the FKAA and the FKEC. The County has also renegotiated its lease with the D.A.V. in order to provide the City a parcel on which to place a sewer lift station. In order to comply with FAA requirements calling for an "in -kind" exchange, the City is agreeing to waive sewer hook up fees for the airport terminal as well as all of the airport's tenants existing on the date of execution of the MOU and easement that will be required to connect to the City's central sewerage system. The City's next scheduled City Council meeting is on July 20 and the City has requested that the County move this item forward in order to begin work on installation of the force main as soon as possible. The City has been informed that both the lease and easement are subject to FAA approval. PREVIOUS RELEVANT BOCC ACTION: Leased property to the City of Marathon for construction of a fire station on FKMAP property. 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 _ AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing _ Risk Management DOCUMENTATION: Jncluded x Not Required DISPOSITION:_ AGENDA ITEM # N-8 Revised 2/05 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into effect as of this day of 2007, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida and the City of Marathon, a Florida Municipal Corporation, in order to set forth the basic understanding between the parties regarding the Force Main Easement and development and connection fees at the Florida Keys Marathon Airport. WHEREAS, Monroe County has leased property at the Florida Keys Marathon Airport to the City of Marathon for the purposes of building a fire station to serve the citizens of Marathon, and WHEREAS, the City of Marathon is installing a central sewerage system, and WHEREAS, all of the current tenants at the Florida Keys Marathon Airport as well as the airport terminal itself and the Marathon fire station, which is currently under construction, will be required to connect to the central sewerage, and WHEREAS, the County is wiling to give the City of Marathon an easement along the Florida Keys Marathon Airport property for purposes of installing a force main to service the fire station, and WHEREAS, the City of Marathon is willing to waive development and connection fees for the airport terminal as well as all currently existing airport tenants, NOW THEREFORE, in consideration of the foregoing, Monroe County and the City of Marathon agree as follows: 1. The County shall grant to the City of Marathon a Non-exclusive Irrevocable Easement for the property described in the Grant of Easement attached hereto exhibit "A". 2. The City shall waive all sewer development fees and sewer connection fees for the Florida Keys Marathon Airport and for all tenants located at the Florida Keys Marathon Airport as of the effective date of this memorandum who will be required to connect to the central sewerage system. 3. The parties shall execute this Memorandum of Understanding prior to the Grant of Easement. 4. The Grant of Easement shall be attached and made a part of this Memorandum of Understanding. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed effective on the date first written above. CITY OF MARATHON, A FLORIDA MUNICPAL CORPORATION 22 MIKE PUTO, CITY MANAGER BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Date: Date: MARIO DIGENNARO, MAYOR ATTEST: DANNY KOLHAGE, CLERK This Declaration of a Non -Exclusive Irrevocable Easement (the "Declaration') is made and entered into as of , 2007 by and between Monroe County, Florida, a political subdivision of the State of Florida, its successors and assigns (the "Grantor"), having an address of 1100 Simonton Street, Key West, Florida 33040 and the City of Marathon, a Florida municipal corporation, its successors and assigns, having an address of 10045-55 Overseas Highway Marathon, Florida 33050 (the "Grantee'D. RECITALS A. The Grantor is the owner in The simple of that certain parcel of real property more particularly described in Exhibit "A" attached hereto and made a material part bereof (the "Easement Parcel'J. CONSIDERATION NOW, THEREFORE, in consideration of the sum of. TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: TERMS. AGREEMENTS, COVENANTS AND CONDITIONS 1. _Gram of Easemea_j Grantor hereby grants and conveys to Grantee and its successors and assigns and unto the owners, lessees and occupants of all or part of the Benefited Parcel, their heirs, legal representatives, successors and assigns, and unto their servants, agents, employees, guests, licensees, and invitees, a perpetual non- exclusive easement under the Easement Parcel. The easement herein granted is an easement appurtenant and is for the purposes of installing, constructing, maintaining, repairing, removing and replacing, as necessary, utility services, lift stations and junction boxes for sewer service (the "Utility Service') to service the Benefited Parcel. The Grantee shall have the right, from time to time, to install, maintain and replace on and under the Easement Parcel, the Utility Service. Grantee shall bear all costs of installation, maintenance repair and replacement of the Utility Service. Installation and maintenance of the Utility Services shall be undertaken so as not to unreasonably disturb the Easement Parcel, recognizing the scope of the work required for the installation and maintenance of the Utility Services. Following the installation, repair or maintenance of the Utility Services, Grantee shall restore at Grantees sole expense, the Easement Parcel to the condition which existed prior to such work, including, without limitation, the restoration of all roadways, curbs and drainage. 2. Grantor's Romonsibilities. Other than Grantee's obligations to repair and restore the Easement Paroel, as set forth and as limited in Section 1 above, the _i- � F,,CHIBIT Grantor is solely responsible for all expenses arising from or related to the planning, design, engineering, development, construction and maintenance of the Easement Parcel. 3. No Public Dedication. Nothing contained in this grant of easement shall, in any way, be deemed or constitute a gift of or dedication of any portion of the Easement Parcel to the general public or for the benefit of the general public whatsoever, it being the intention of the parties hereto that this grant of easement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons herein named. 4. Grantee hereby indemnifies and holds harmless the Grantor from any and all actions, causes of action, claims, liabilities, demands and losses of any Idnd whatsoever which may be filed or made against Grantor by reason of the Grantee's use of the Easement Parcel and the rights granted hereunder. Grantee shall obtain and maintain a policy of commercial general liability hisurance in an amount not less than One Million. Dollars ($1,000,000). Grantee shall cause the Grantor to be named as an additional insured under said policies. S. Enforcement The terns and conditions of this Declaration shall run with the Easement Parcel and shall inure to the benefit of and be enforceable by the Grantee and the Grantor, their respective legal representatives, successors and assigns, and the Grantee and the Grantor, each shall have a right of action to enforce by proceedings at law or in equity all conditions and covenants imposed by the provisions of this Declaration, or any amendment thereto, including the right to prevent the violation of such conditions and covenants and the right to recover actual damages for such violation (but not consequential or punitive damages). 6. Liens. Grantee shall not permit any mechanics lien or similar lien arising by reason of Grantee's work relating to the Easement Parcel to remain an encumbrance against the Easement Parcel. Grantee may bond over and contest the validity of any such mechanics lien in lieu of payment thereof. 7. No Waiver. Failure by either party to enforce any covenant, conditionn or restriction contained in this Declaration in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any future breach of the same or any other covenant, condition or restriction. 8. Severab ' Invalidation of any one or a portion of these covenants, conditions and restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 9. Attorneys Fees. In the event action is instituted to enforce any of the provisions contained in this Declaration, the prevailing party in such action shall be entitled to recover from the other party thereto reasonable attorney's fees and costs of such suit as determined by the court or by arbitration as part of the judgment. 10. Notices. Any notice hereunder shall be in writing and shall be deemed to have been properly delivered when directed to the addressee as follows: -2- If to Grantee: City of Marathon 10045-55 Overseas Highway Marathon, Florida 33050 Attention: City Manager Phone:1-305-289-4103 Fax: 1-305-289-4123 With a copy to Grantee's Attorney: Steams Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler Street, Ste. 2200 Miami, Florida 33130 Attention: John Herin, Esq. Phone:305-789-3427 Fax: 305-789-3395 If to Grantor: Monroe County 1100 Simonton St. Key West, Florida 33040 Attention: Tom Willa, County AdminiaMatnr Phone: 1-305 292 - 4441 Fax: 1-305 292 - 4544 With a copy to Grantor's Attorney: Monroe County Attorneys Office P.O. Box 1026 Key West, Fl. 33041-1026 Phone:1-305 292 - 3470 Fax: 1-305 292 - 3516 Any notice, request, demand, instniction or other communication to be given to either party hereunder, shall be in writing and shall either be (i) hand delivered, (u) seat by Federal Express or a comparable overnight mail service, or (iii) sent by telephone facsimile transmission provided an original copy of the transmission shall be mailed by regular mail, all at or to the respective addresses set forth above. Notice shall be deemed to have been given upon receipt or refusal of delivery of said notice. The addressees and addresses for the purpose of this paragraph may be changed by giving notice. Unless and until such written notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes hereunder. 11. Captions Captions used in this Declaration are for information purposes only and do not alter, modify or add to the terms of this Declaration. 12. Governing Law. This Declaration will be governed and interpreted pursuant to the laws of the State of Florida Grantor and Grantee, their successors and assigns, shall perform allof their respective obligations under this Declaration in compliance with all applicable laws. -3- 13. Modific ationBntire Ammement. This Declaration may be modified only in a writing executed by the parties to this Declaration or their respective successors or assigns. This Declaration constitutes the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 14. Waiver of Jury Trial. Grantor and Grantee hereby lmowingly, voluntarily and intentionally, waive trial by jury in any action brought by one against the other in connection with any matter arising out of or in any way connected with this easement agreement This waiver shall apply to any original claim, counterclaim, cross claim, or other claim of any kind asserted by either party in any such action. Neither party nor any representative of either party, including counsel, has represented to the other that it would not seek to enforce this waiver of right to jury trial in any such action. The parties aclmowleige that the provisions of this section are a material inducement to their entering into this easement agreement yITRtM As to the Grantor. Monroe County Board of County Commission By. DANNY KOLHAGE, CLERK STATE OF FLORIDA COUNTY OF MONROE MARIO DIGENNARO, MAYOR The foregoing instrument was acknowledged before me this _ day of 2007 by Mario Digennaro, Mayor, on behalf of the Monroe County Board of County Commissioners, who is personally known to me or produced a as identification. Notary Public State of Florida at Large My Commission Expires: As to the Grantee: City of Marathon, a Florida municipal corporation Print Name By - MIKE PUTO, CITY MANAGER Print Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 2007 by Mike Puto as a City Manager of the City of Marathon, a Florida municipal corporation, on behalf of the City, who is personally known to me or produced a as identification. Notary Public State of Florida at Large My Commission Expires: -5- EXHMrr"A" EASEMENT PARCEL (TO BE PROVIDED) ra GROUND LEASE AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 01BOCC" ), a political subdivision of the State of Florida ("Landlord") THE CITY OF MARATHON, a Florida municipal corporation ("Tenant') Dated: July _, 2007 d GROUND LEASE AGREEMENT THIS GROUND LEASE AGREEMENT (the "Lease") entered into as of the day of July, 2007 (the "Effective Date"), between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C'BOCC"), a political subdivision of the State of Florida, (the "Landlord'), and the CITY OF MARATHON, a Florida municipal corporation ("Tenant"). RECITALS: WHEREAS, the Tenant desires to cause to be constructed a central sewerage system to serve the residents and businesses of the City of Marathon (the "City"); and WHEREAS, the Landlord owns that certain property located in the City more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Leased Premises"); and WHEREAS, the Leased Premises are suitable for the City to cause to be constructed a Lift Station for the ,sewer force main; and WHEREAS, the Tenant desires to lease the Leased Premises from the Landlord and the Landlord desires to lease the Leased Premises to the Tenant; and WHEREAS, the Tenant and Landlord have entered in to a Memorandum of Understanding waiving sewer development and connection fees for the Florida Keys Marathon Airport Terminal and all Airport Tenants located at the Airport in exchange for a nominal lease rental fee: and WHEREAS, the Landlord, as grantor, desires to grant an easement to the Tenant, as the grantee, in the form as attached hereto as Exhibit "B" and made a part hereof in order for the Tenant to have access from the Leased Premises to U.S. Highway 1. LEASE: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto do hereby covenant, represent, warrant and agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. 2. Definitions. The following terms for purposes of this Agreement shall have the following meanings: (a) "Annual Base Rent." "Annual Base Rent" means and refers to the Annual Base Rent set forth in paragraph 4(a) hereof. (b) "Commencement Date." The Commencement Date shall be the date this Agreement is last executed by both parties. (c) "Easement." That Easement, the form of which is attached hereto as Exhibit B". (d) "Easement Parcel." The Easement Parcel is that certain real property situated in Monroe County, State of Florida, legally described in Exhibit `B" attached hereto and incorporated herein by this reference. (e) "Leased Premises." The Leased Premises is that certain real property situated in Monroe County, State of Florida, legally described in Exhibit "A", attached hereto and incorporated herein by this reference, together with all easements and rights of way pertaining thereto. (f) "Lease Year." A "Lease Year" means the twelve (12) month period beginning on the Commencement Date and each twelve-month period thereafter throughout the term of this Agreement. (g) "Operating Expenses." "Operating Expenses" means and refers to all ordinary and necessary operating expenses (including those replacement and maintenance reserves or accruals required by generally accepted accounting principles) as well as those other reserves and accruals that are required to operate, maintain, and keep the Lift Station in a safe, efficient and orderly condition. (h) "Lift Station". The term "Lift Station" means that wastewater treatment facility, along with related improvements and necessary on -site infrastructure to be constructed on the Leased Premises. (i) "State." The term "State" shall mean the State of Florida, unless clearly indicated otherwise. 3. Grant. Landlord hereby conveys and leases to the Tenant, and the Tenant hereby accepts and leases from Landlord, the Leased Premises, together with all easements and rights -of way pertaining thereto, to have and to hold the Leased Premises unto the Tenant for and during the Term set forth hereafter. 4. Term. This Lease term shall commence on the Commencement Date and continue until the date which is ninety-nine (99) years after the Commencement Date, and any extension thereof, unless this Lease is terminated earlier pursuant to the provisions contained herein. 5. Ground Rent. Tenant covenants and agrees to pay Landlord Ground Rent as follows: (a) Annual Base Rent. Tenant shall pay to Landlord Annual Base Rent throughout the terrn of this Agreement beginning on the Commencement Date, in the amount of One Dollar ($1.00) per Lease Year or partial Lease Year if the Agreement is terminated during a Lease Year. Tenant shall also pay to Landlord said Annual Base Rent on the first day the thirteenth (13'") month following the Commencement Date and on the first day of each twelve (12) months thereafter throughout the term of this Agreement without notice or demand. The Annual Base Rent shall not be adjusted at any time during the term. -3- (b) Additional Rent. It is the intention of Landlord and Tenant that Landlord shall receive the Annual Base Rent free from all taxes, charges, expenses, costs and deductions of every description, and as such, the Tenant hereby agrees to pay for all items which would have been chargeable against the Plant and payable by the Landlord (except for the execution and delivery of this Lease), as "Additional Rent." (c) Waiver of Connection Fees. In exchange for the nominal Annual Base Rent, Tenant agrees to waive the sewer development and connection fees for the Florida Keys Marathon Airport Terminal. Tenant also agrees to waive the sewer development and connection fees for all Florida Keys Marathon Airport tenants located on the Airport as of the effective date of this Lease. 6. Landlord's Representations and Warranties. The Landlord hereby represents and wan -ants to the Tenant as follows: (a) Title. The Landlord owns fee simple, good, marketable and insurable title to the Leased Premises. There are no mortgages or security agreements encumbering or otherwise affecting the Leased Premises. Ib) Authorily and Approvals. The Landlord: (i) has full right, power and authority to make, execute, deliver and perform its obligations under this Agreement; (ii) has obtained and received all required and necessary consents and approvals to enter into this Agreement with the Tenant; and (iii) by entering into this Lease with the Tenant and the performance of all of the terms, provisions and conditions contained herein, does not and will not violate or cause a breach or default under any agreement or obligation to which the Landlord is a party or by which it is bound. (c) Binding Obligation. This Lease has been duly and validly executed and delivered by the Landlord and constitutes a legal, valid and binding obligation of the Landlord, Landlord's legal representatives, successors, and assigns, enforceable in accordance with its terms. 7. Tenant's Representations and Warranties. The Tenant hereby warrants and represents to the Landlord as follows: (a) Existence. The Tenant is a body corporate and politic existing under the laws of the State. (b) Authority and Approvals. Subject to the approval of the City Council of the Tenant, which approval shall be evidenced by a resolution, duly adopted by the City Council, this Lease will constitute a legal, valid and binding obligation of the Tenant, Tenant's legal representatives, successors, and assigns, enforceable in accordance with its terms. 8. :insurance. a. Tenant shall maintain a commercial general liability insurance policy in connection to and related to this Agreement in an amount of not less than One Million Dollars ($1,000,000.00) and Tenant shall cause the Landlord to be named as an additional insured under said policy. Such insurance policy shall be issued by an insurance company authorized to do business in the State of Florida and in good standing in Florida. An insurance certificate evidencing such insurance coverage and that Landlord is named as an additional insured shall be delivered to Landlord within five (5) business days from the Effective Date. 9. Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Tenant shall defend, indemnify and hold the Landlord and the Landlord's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Tenant or any of its employees, agents, contractors or other invitees during the term of this lease, (B) the gross negligence or willful misconduct of Tenant or any of its employees, agents, contractors or other invitees, or (C) Tenant's default in respect of any of the obligations that it undertakes under die terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or willful acts or sole negligent acts or omissions of the Landlord or any of its employees, agents, contractors or invitees (other than Tenant), in which event the Landlord shall defend, indemnify and hold Tenant harmless. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Lease, this Section will survive the expiration of the term of this lease or any earlier termination of this lease. 10. Taxes. Tenant shall be responsible for the payment of all real estate taxes and special assessments, if any charged by an appropriate governmental taxing authority with respect to the Leased Premises. 11. Utilities. The Tenant shall pay all utilities used, provided or supplied to the Leased Premises. 12. Tempnation. a.) The Tenant may terminate this Lease at any time provided that Tenant gives Landlord one-year prior written notice. Upon such termination, neither party will have any rights or obligations created under the Lease. -5- b) The Landlord may terminate this Lease at the Landlord's reasonable discretion if termination is required to accommodate future airport growth or due to F.A.A requirements. Landlord shall provide Tenant no less than 180 days notice and Landlord shall at the Landlord's sole cost and expense, and without service interruption, relocate the Lift Station and the force main to a location on the Airport property in accordance with the Florida Keys Marathon Airport ALP and connect same to the force main and the Easement Parcel. 13. Automatic Termination. At such time as the Tenant removes the Lift Station from the Leased Premises or the Leased Premises are no longer used by the Tenant for placement of a Lift Station or the Lift Station is no longer operational which does not include the time the Lift Station is down for repair and/or replacement, this Lease shall terminate automatically without further action of Landlord and Tenant will quietly and peaceably deliver up possession of the Leased Premises within 30 days. Tenant shall remove all remaining equipment from the Leased Premises within said 30 days. 14. Grant of Easement. The Landlord, as grantor, grants to the Tenant as the grantee a non-exclusive irrevocable easement on and across the Easement Parcel, as set forth on that Declaration of Non -Exclusive Irrevocable Easement (the "Easement") attached hereto as Exhibit'S") and made a material party hereof. Landlord agrees that the Easement shall be recorded in the public records of Monroe County, Florida. 15. Assignment of Lease by Tenant. Subject to obtaining written approval of the Landlord, which approval shall neither be unreasonably withheld nor delayed, the Tenant may assign, convey or transfer its interests in this Lease to a third party. 16. ,Assignment of Lease by Landlord. The Landlord shall provide written notice to the Tenant prior to assigning this Lease and the assignee shall assume all obligations of the Landlord under this Lease. The Tenant hereby agrees to attorn to Landlord's assignee and to continue to comply with all of the obligations, covenants, conditions of the Tenant under this Lease throughout the remainder of the term of this Lease, provided assignee shall assume and agree to be bound by the terms of the Lease. 17. Default by Tenant. The following shall constitute an Event of Default hereunder: it. failure of Tenant to pay any Annual Base Rent, Additional Rent or charge due hereunder and such default continues for ten (10) days after written notice from Landlord; or b. failure of Tenant to comply with the material terms, conditions or covenants of this Lease which the Tenant is required to observe or perform and such default continues for a period of thirty (30) days after written notice from Landlord, unless greater time is required to cure the default, in which event, as long as the Tenant has commenced to cure the default within fifteen (15) days of notice from the Landlord and continues to work to cure said default, then the time to cure shall be extended until the work to cure the default has been completed. c. failure of Tenant to use the Leased Premises for the purpose outlined in this Lease IM 18. Quiet Possession. The Tenant shall and may peaceably and quietly have, hold and enjoy the Leased Premises during the term hereof provided that the Tenant pays the Rent and performs all the covenants and conditions of this Lease that the Tenant is required to perform. 19. Compliance with Law. it. The Tenant agrees to comply with all applicable laws, ordinances, and regulations now in effect or enacted hereafter related to the use or occupancy of all or any part of the Leased Premises at all times during the Term of this Lease. b. The Tenant shall obtain or cause to be obtained all necessary licenses, permits and inspections required to operate the Lift Station. To the extent required, the Landlord shall cooperate with the Tenant in a commercially reasonable fashion to help the Tenant obtain all necessary licenses, permits and inspections required to operate the Lift Station provided that the costs of obtaining such licenses, permits and inspection are paid by the Tenant. 20. Mechanic's Liens. a. At all times during the Term of this Lease, the Tenant agrees to keep the Leased Premises free of mechanics liens, materialmen's liens, and other similar type of liens arising from Tenant's occupancy of the Leased Premises; and the Tenant agrees to indemnify and hold the Landlord harmless from and against any and all claims and expenses related thereto, including all attorney's fees, and other costs and expenses incurred by the Landlord on account of any such claim or lien. to. Within ten (10) business days of the Landlord delivering notice to the Tenant that a lien has been recorded against the Leased Premises on account of labor or material furnished in connection with the Tenant's development of the Leased Premises, the Tenant shall either (i) discharge the lien recorded against the Leased Premises, or (ii) post a bond with the clerk of court of competent jurisdiction with instructions to apply the sum towards payment of the lien if it is upheld upon final judgment or return the bond to the Tenant if the lien is discharged. The Landlord may discharge the lien by paying the amount of the claim due or posting a bond with the clerk of court if the Tenant fails to do so within the time required under this Agreement. The Tenant shall reimburse the Landlord the costs incurred to pay or have the lien discharged upon demand. Such amounts due from the Tenant shall be charged as Additional Rent under the terms of this Lease. -7- 21. Notices. Any notice required by this Lease shall be in writing and shall be deemed to have been properly delivered, when directed to the addressees as follows: If to the. Landlord: Monroe County 1100 Simonton St. Key West, Florida 33040 Attention: Tom Willi, County Administrator Fax: 1-305-292-4544 Phone: 1-305-292-4441 With a copy to: Monroe County Attorney's Office P.O. Box 1026 Key West, Florida 33041-1026 Attention: County Attorney Fax: 1-305-292-3516 Phone: 1-305-292-3470 If to the Tenant: City of Marathon 10045-55 Overseas Highway Marathon, FL 33050 Attn: Mike Puto, Manager Fax: 305-289-4123 Phone: 305-289-4130 With a copy to: Jimmy Morales, Esq. Steams Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 W. Flagler Street, Suite 2200 Miami, FL 33130 Fax: 305-789-3395 Phone: 305-789-3532 Any notice, requirement, demand, instruction or other communication to be given to any party hereunder, shall be in writing and shall be either. (a) hand delivered; or (b) sent by a nationally -recognized overnight carrier; or (c) sent by electronic transmitting devices such as facsimile. Notice shall be given upon receipt or refusal or delivery of said notice. Notices given on behalf of a party by its attorney shall be effective for and on behalf of such party. The addressees and addresses for purposes of this paragraph may be changed by given Notice. Unless and until such written Notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes hereunder. 22. applicable Law. This Lease shall be construed under the laws of the State of Florida and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. go 23. 'Venue. Venue for any litigation arising under this lease must be in a court of competent jurisdiction in Monroe County unless an applicable federal law or regulation provides otherwise. 24. Attorney's Fees and Costs. The Landlord and Tenant agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Lease, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of- pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 25. lhtervretation. ( a) The words "Landlord" and "Tenant" as used herein, shall include, apply to, bind anbenefit, as the context permits or requires, the parties executing this Agreement and their respective successors and assigns. (b) Wherever the context permits or requires, words of any gender used in this Agreement shall be construed to include any other gender, and words in the singular numbers shall be construed to include the plural. 26. Captions. The headings and captions contained in this Agreement are inserted only as a matter of convenience and in no way define, limit or describe the scope or intent of this Agreement nor of any provision contained herein. 27. Net Lease. This is a "Net Lease" and the Landlord shall have no obligation to provide any services, perform any acts or pay any expenses, charges, obligations or costs to the Tenant, relating to Tenant's occupancy of the Leased Premises under this Lease. 28. Holding Over. If Tenant retains possession of the Lift Station after termination or expiration of this Lease, the Tenant agrees to pay Annual Base Rent, in an amount equal to one and one-half times the rent in effect at the time the Lease expired or terminated. 29, Modification of Lease. This Lease may not be modified, altered, or changed in any manner other than by a written agreement between the Landlord and Tenant, executed by both parties. 30. Recording of Memorandum of Lease. Landlord and Tenant agree to execute and record a Memorandum of this Lease in the Public Records of Monroe County, Florida and the form is attached hereto as Exhibit "A". 31. Partial Invalidity. If any term, covenant, condition or provision of this Lease (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Lease, shall not be affected thereby; and each remaining term, &Z 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 provisions of this Lease would prevent the accomplishment of the original intent of this Lease. The Landlord and Tenant agree to reform the Lease to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 32. 'Construction of Lease. Each party hereto acknowledges that both parties have fully participated in the negotiation and preparation of this Lease and that the terms hereof shall not be more strictly construed against one party by reason of the rule of construction, that the document is to be construed more strictly against the party who prepared the same. 33. 'Counterpart Execution. This Lease may be executed in any number of counterparts, any one and all of which shall constitute the contract of the parties and each of which shall be deemed an original. 34. `Waiver of Jury Trial. Landlord and Tenant hereby knowingly, voluntarily and intentionally, waive trial by jury in any action brought by one against the other in connection with any matter arising out of or in any way connected with this Lease. This waiver shall apply to any original claim, counterclaim, cross claim, or other claim of any kind asserted by either party in any such action. Neither party nor any representative of either party, including counsel, has represented to the other that it would not seek to enforce this waiver of right to jury trial in any such action. The parties acknowledge that the provisions of this section are a material inducement to their entering into this Lease. 35. Inspection and Maintenance by Landlord. The Landlord and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right after 24 hours prior Notice to the Tenant to enter upon the Leased Premises for the following purposes: a) to inspect the Leased Premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Tenant has complied and is complying with the terms and conditions of this Lease with respect thereto; b) to perform essential maintenance, repair, relocation, or removal of the existing perimeter security fence, underground and overhead wires, pipes, drains, cables and conduits now located on or across the Leased Premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of Tenant and, provided further, that the entire cost of such work, as a result of the exercise by the Landlord of its rights hereunder shall be borne by the Landlord. 36. Claims for Federal or State Aid. Landlord and Tenant agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. -10- 37. Adiudication of Disputes or Disagreements Landlord and Tenant agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meeting and conference session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Lease or by Florida law. This paragraph does not apply where a default has occurred under the provisions of this Lease. 38. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Lease, Tenant and Landlord agree to participate, to the extent required by the other party, in all proceedings, hearing:, processes, meetings, and other activities related to the substance of this Lease or provision of the services under this Lease. Landlord and Tenant specifically agree that no party to this Lease shall be required to enter into any arbitration proceedings related to this Lease . A party who requests the other parry's participation in accordance with the terms of this paragraph shall pay all reasonable expenses by the other party by reason of such participation. 39. Covenant of No Interest. Landlord and Tenant covenant that neither presently has any interest, and shall not acquire any interest, which would confect in any manner or degree with its performance under this Lease, and that the only interest of each is to perform and receive benefits as recited in this Lease. 40. Code of Ethics. Landlord agrees that officers and employees of the Landlord recognise and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 41. No Solicitation/Payment. The Landlord and Tenant warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Lease. For the breach or violation of the provision, the Tenant agrees that the Landlord shall have the right to terminate this Lease without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 42. Public Access. The Landlord and Tenant shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Landlord and Tenant in conjunction with this Lease; and the Landlord shall have the right to unilaterally cancel this Lease upon a material violation of this provision by Tenant. -11- 43. Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes., the participation of the Landlord and the Tenant to this Lease and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Landlord be required to contain any provision for waiver. 44. Non -Delegation of Constitutional or Statutory Duties. This Lease is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Lease is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Landlord except to the extent permitted by the Florida constitution, state statute, and case law. 45. Non -Reliance by Non-parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Landlord and the Tenant agree that neither the Landlord nor the Tenant or any agent, officer, or employee of either 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 Lease separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease. 46. Attestations. Tenant agrees to execute such documents as the Landlord may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 47. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Landlord in his or her individual capacity, and no member, officer, agent or employee of Landlord shall be liable personally on this Lease or be subject to any personal liability or accountability by reason of the execution of this Lease. 48. Nondiscrimation. a) The Tenant for themselves, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree that 1). No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Lift Station; 2). That in the construction of any improvements on, over or under the Leased Premises and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; -12- 3). That the Tenant shall use the Leased Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 and as said Regulations may be amended. b). That in the event of breach of any of the above non-discrimination covenants, the Landlord shall have the right to terminate the lease and to re-enter and as if said Lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. 49. Reservation of Airspace. a) It shall be a condition of this Lease that the Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Leased Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the airport. b) 'The Tenant expressly agree for themselves, their successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the herein described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. c). 'The Tenant expressly agree for themselves, their successors and assigns, to prevent any use of the Leased Premises which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. 50. Subordination to Original Instrument of Acquisition. This Lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Landlord acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the instruments and documents under which the Landlord acquired the subject property from the United States of America, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Landlord pertaining to the Florida Keys Marathon Airport. 51. Non -Exclusive Grant. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are non-exclusive and the Landlord herein reserves the right to grant similar privileges to another tenant or other tenants on other parts of the Airport. 52. Review of Leasehold Improvements. Prior to Tenant installing, constructing, fabricating, erecting, or placing of any leasehold improvement, the Landlord shall have the right to review and approve any and all leasehold improvements which review shall be limited to the proposed improvements compliance with F.A.A. and F.A.R., which review and approval shall neither be unreasonably delayed nor denied. The Landlord acknowledges that -13- the Tenant is leasing the Leased Premises for use to construct a Lift Station, which will tie into a force main. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date first written above. Witnesses: TENANT: CITY OF MARATHON, a Florida municipal corporation By: PRINT NAME: — Mike Puto, Manager PRINT NAME: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of July, 2007, by Mike Puto, as Manager, of The City of Marathon, who is personally known to me or has produced , as identification. Notary Public State of Florida at Large My Commission Expires: -14- (SEAL) ATTEST: DANNY L. KOLHAGE, LANDLORD: BOARD OF COUNTY COMMISSIONERS CLERK OF MONROE COUNTY, FLORIDA By: Deputy Clerk STATE OF FLORIDA COUNTY OF MONROE M Mario Digenarro, Mayor The foregoing instrument was acknowledged before me this day of July, 2007, by Mario Digenarro, for the Board of County Commissioners of Monroe County, Landlord, who is personally known to me or has produced as identification. Notary Public State of Florida at Large My Commission Expires: -15- EXHIBIT "A" MEMORANDUM OF LEASE SUM Tffis Instrument was Prepared By, Record and Return to: Robert E. Gallagher, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 MEMORANDUM OF LEASE KNOW ALL MEN BY THESE PRESENTS of this Memorandum of Lease made as of the- day of 2007, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (the "Landlord's and the CITY OF MARATHON, FLORIDA (the "Tenant). WjMMETH: For good and valuable consideration and in further consideration of the rents reserved and covenants and conditions more particularly set forth in that certain GROUND LEASE AGREEMENT (the "Lease'), and by and between Landlord and Tenant dated as of the _ day of 2007, Landlord and Tenant hereby covenant and agree as follows. I. Landlord demised unto Tenant and Tenant took from Landlord for the temr hereinafter provided, and any extension thereof, the Leased Premises located in Monroe County, Florida, a sketch and legal description of which is attached hereto as Exhibit "A", and hereafter referred to as the "Leased Premises." 2. The Term of the lease shall commence on [date to be Inserted when the last Party executes the Lease] ("Commencement Date") and shall terminate ninety-nine (99) years after the Commencement Date unless sooner terminated or extended as provided in the Agreement. 3. Landlord's interest shall not be subject to any mechanics' or materialmen's liens or liens of any kind for improvements made by the Tenant upon the Leased Premises. All persons dealing with Tenant must look solely to the credit of Tenant, and not to Landlord's interest or assets. 4. The sole purpose of this instrument is to give notice of said Lease and all its terms, covenants, agreements and conditions to the some extent as if said lease were fully set forth herein. The terms, covenants, agreements and conditions contained in this instrument shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, LANDLORD: CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mario Digenarro, Mayor STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of , 2007, by Mario Digennaro, as Mayor of Monroe County, Florida, who is personally known to me or has produced as identification. Notary Public State of Florida at Large My Commission Expires: -2- Prim Name: PriaName: STATE OF FLORIDA COUNTY OF MONROE TENANT: City of Marathon, a Florida Municipal Corporation By: Mike Puto, its Manager The foregoing instrument was acknowledged before me this day of 2007, by Mike Puto as City Manager of the City of Marathon, who is personally lmown to me or has produced as identification. Notary Public State of Florida at Large My Commission Expires: G. W-REW738SWIMIRPORT EASEMEM'Wwwwdum of Laswdoa -3- a z \ e �L p aG n s �� 9 a u o �uti ��R EXHIBIT `S" DECLARATION OF NON-EXCLUSIVE IRREVOCABLE EASEMENT -17- This Declaration of a Non -Exclusive Irrevocable Easement (the "Declaration") is made and entered into as of .2007 by and between Monroe County, Florida, a political subdivision of the State of Florida, its successors and assigns (the "Grantor"), having an address of 1100 Simonton Street, Key West, Florida 33040 and the City of Marathon, a Florida municipal corporation, its successors and assigns, having an address of 10045-55 Overseas Highway Marathon, Florida 33050 (the "Grantee"). REC TALS A" The Grantor is the owner in fee simple of that certain parcel of real property more particularly described in Exhibit "A" attached hereto and made a material part hereof (the "Fasement Parcel"). NOW, THEREFORE, in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: TERMS. AGREEMENTS, COVENANTS AND CONDITIONS 1. Grant of Easement Grantor hereby grants and conveys to Grantee and its successors and assigns and unto the owners, lessees and occupants of all or part of the Benefited Parcel, their heirs, legal representatives, successors and assigns, and unto their servants, agents, employees, guests, licensees, and invitees, a perpetual non- exclusive easement under the Easement Parcel. The easement herein granted is an easement: appurtenant and is for the purposes of installing, constructing, maintaining, repairing, removing and replacing, as necessary, utility services, lift stations and junction boxes for sewer service (the "Utility Service") to service the Benefited Parcel. The Grantee shall have the right, from time to time, to install, maintain and replace on and under the Easement Parcel, the Utility Service. Grantee shall bear all costs of installation, maintenance repair and replacement of the Utility Service. Installation and maintenance of the Utility Services shall be undertaken so as not to unreasonably disturb the Easement Parcel, recognizing the scope of the work required for the installation and maintenance of the Utility Services. Following the installation, repair or maintenance of the Utility Services, Grantee shall restore at Gmutees sole expense, the Easement Parcel to the condition which existed prior to such work, including, without limitation, the restoration of all roadways, curbs and drainage. 2. Grantor's Responsibilities. Other than Grantee's obligations to repair and restore the Easement Parcel, as set forth and as limited in Section 1 above, the EXHIBIT _l Grantor is solely responsible for all expenses arising from or related to the planning, design, engineering, development, construction and maintenance of the Easement Parcel. 3. No Public Dedication. Nothing contained in this grant of easement shall, in any way, be deemed or constitute a gift of or dedication of any portion of the Easement Parcel to the general public or for the benefit of the general public whatsoever, it being the intention of the parties hereto that this grant of easement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons herein named. 4. Indemnity Grantee hereby indemnifies and holds harmless the Grantor from any and all actions, causes of action, claims, liabilities, demands and losses of any land whatsoever which may be filed or made against Grantor by reason of the Grantee's use of the Easement Parcel and the rights granted hereunder. Grantee shall obtain and maintain a policy of commercial general liability insurance in an amount not less than One Million Dollars ($1,000,000). Grantee shall cause the Grantor to be named as an additional insured under said policies. 5. Enforcement The terms and conditions of this Declaration shall run with the Easement Parcel and shall inure to the benefit of and be enforceable by the Grantee and the Grantor, their respective legal representatives, successors and assigns, and the Grantee and the Grantor, each shall have a right of action to enforce by proceedings at law or in equity all conditions and covenants imposed by the provisions of this Declaration, or any amendment thereto, including the right to prevent the violation of such conditions and covenants and the right to recover actual damages for such violation (but not consequential or punitive damages). 6. Liens. Grantee shall not permit any mechanics lien or similar lien arising by reason of Grantee's work relating to the Easement Parcel to remain an encumbrance against the Easement Parcel. Grantee may bond over and contest the validity of any such mechanics lien in lieu ofpayment thereof. 7. No Waiver. Failure by either party to enforce any covenant, condition or restriction contained in this Declaration in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any future breach of the same or any other covenant, condition or restriction. 8. SS erS Invalidation of any one or a portion of these covenants, conditions and restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 9. Attorney's Fees. In the event action is instituted to enforce any of the provisions contained in this Declaration, the prevailing party in such action shall be entitled to recover from the other party thereto reasonable attorney's fees and costs of such suit as determined by the court or by arbitration as part of the judgment. 10. Now Any notice hereunder shall be in writing and shall be deemed to have been properly delivered when directed to the addressee as follows: -2- If to Grantee: City of Marathon 10045-55 Overseas Highway Marathon, Florida 33050 Attention: City Manager Phone:1-305-289-4103 Fax: 1-305-289-4123 With a copy to Grantee's Attorney: Steams Weaver Miller Weissler Aihadeff & Sitterson, P.A. 150 West Flagler Street, Ste. 2200 MiamL Florida 33130 Attention: John Henn, Esq. Phone: 305-789-3427 Fax: 305-789-3395 If to Grantor: Monroe Comity 1100 Simonton St. Key West, Florida 33040 Attention: Tom Willi, County Administrator Phone: 1-305 292 - 4441 Fax: 1-305 292 - 4544 With a copy to Grantor's Attorney: Monroe County Attorneys Office P.O. Box 1026 Key West, Fl. 33041-1026 Phone:1-305 292 - 3470 Fax: 1-305 292 - 3516 Any notice, request, demand, instruction or other communication to be given to either party hereunder, shall be in writing and shall either be (i) hand delivered, (ii) sent by Federal Express or a comparable overnight mail service, or (in) sent by telephone facsimile transmission provided an original copy of the transmission shall be mailed by regular mail, all at or to the respective addresses set forth above. Notice shall be deemed to have been given upon receipt or refusal of delivery of said notice. The addressees and addresses for the puzrpose of this paragraph may be changed by giving notice. Unless and until such written notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes hereunder. 11. Captions. Captions used in this Declaration are for information purposes only and do not alter, modify or add to the terms of this Declaration. 12. Governing Law. This Declaration will be governed and interpreted pursuant to the laws of the State of Florida Grantor and Grantee, their successors and assigns, shall perform all of their respective obligations under this Declaration in compliance with all applicable laws. -3- 13. ModificationMutire A This Declaration may be modified only in a writing executed by the parties to this Declination or their respective successors or assigns. This Declaration constitutes the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 14. Waiver of Jury Trial. Grantor and Grantee hereby knowingIy, voluntarily and intentionally, waive trial by jury in any action brougbt by one against the other in connection with any matter arising out of or in any way connected with this easement agreement. This waiver shall apply to any original claim, counterclaim, cross claim, or other claim of any kind asserted by either party in say such action. Neither party nor any representative of either party, including counsel, has represented to the other that it would not seek to enforce this waiver of right to jury trial in any such action. The parties acknowledge that the provisions of this section are a material inducement to their entering into this easement agreement. ATTEST: DANNY KOLHAGE, CLERK STATE OF FLORIDA COUNTY OF MONROE ) As to the Grantor. Monroe County Board of County Commissioners By: MARIO DIGENNARO, MAYOR The foregoing instrument was acknowledged before me this day of 2007 by Mario Digennaro, Mayor, on behalf of the Monroe County Board of County Commissioners, who is personally known to me or produced a as identification. Notary Public State of Florida at Large My Commission Expires: -4- As to the Grantee: City of Marathon, a Florida municipal corporation Print Name By: MUM PUTO, CITY MANAGER Print Name STATE OF FLORIDA COUNTY OF MONROE the foregoing instrument was acknowledged before me this _ day of 2007 by Mike Puto as a City Manager of the City of Marathon, a Florida municipal corporation, on behalf of the City, who is personally known to me or produced a as identification. Notary Public State of Florida at Large My Commission Expires: -5- EXIM1T "A" EASEMENT PARCEL (TO BE PROVIDED) I" BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2007 Bulk Item: Yes XX No Division: County Attorney Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval to execute a Memorandum of Understanding, Utility Easement and Lease with the City of Marathon (hereafter City) for the installation of the City's force main sewer line along the Florida Keys Marathon Airport (hereafter FKMAP) utility easement. ITEM BACKGROUND: The County leased property at the FKMAP to the City of Marathon for the purposes of building a fire station that would serve the citizens of Marathon and could also provide fire protection services for the airport. Construction of the fire station is nearly complete and the City is requesting that the County grant the City a utility easement for purposes of installing a sewer force main that would serve the fire station as well as all of the FKMAP. Along with many areas of the Keys, the City is also in the process of installing a central sewerage system The County has a 40 foot wide strip of property along the service road of the FKMAP and utility easements have previously been granted to the FKAA and the FKEC. The County has also renegotiated its lease with the D.A.V. in order to provide the City a parcel on which to place a sewer lift station. In order to comply with FAA requirements calling for an "in kind" exchange, the City is agreeing to waive sewer hook up fees for the airport terminal as well as all of the airports tenants existing on the date of execution of the MOU and easement that will be required to connect to the City's central sewerage system The City's next scheduled City Council meeting is on July 24'h and the City has requested that the County move this item forward in order to begin work on installation of the force main as soon as possible. The City has been informed that both the lease and easement are subject to FAA approval. PREVIOUS RELEVANT BOCC ACTION: Leased property to the City of Marathon for construction of a fire station on FKMAP property. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: APPROVAL TOTAL COST: N/A COST TO COUNTY:N/A BUDGETED: Yes No _ SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX AMOUNT PER MONTH APPROVED BY: County AtiygN0 OMB/Purchasmg Risk Management DOCUMENTATION: Included XX Not Required DISPOSITION: AGENDA ITEM #. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: JA1v 18, 2007 - KW Bulk Item: Yes No X Staff Contact Person: Suzanne A Hutton AGENDA ITEM WORDING: Approval of lease to relocate County Attorney's Office to the Key West Professional Building on le Street. ITEM BACKGROUND: Staff has been monitoring the integrity of the deteriorating building presently housing the County Attorney's Office staff for several years. Recent reports, including a report issued June 28, 2007, by an independent engineer contracted to advise on demolition or renovation of the building, indicate the integrity of the building is rapidly deteriorating creating a hazardous work environment and jeopardizing the safety and welfare of County Attorney stW the public and other County staff who must physically interact with them. Staff has sought out and visited available locations, anticipating the report to indicate a safety hazard to find suitable office space to relocate the County Attorney's Office until a permanent location can be provided by the County. A study of the capital plan indicates it would be a minimum of three years before the Annex Building could be renovated for use. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: TBD Approx. $110.000 pgyear BUDGETED: Yes _ No X COST TO COUNTY: TBD ARKox $110 000 My= SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH_ Year APPROVED BY: County Attyr7Sr OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required _ DISPOSITION: Revised 210S AGENDA ITEM #_J ,p ,tSQd g -u f Clemons, Rutlieslan! er-zso"tes, Inc. A.rhita,a. blamer Intarior Dosignars Cuiistnrctiun Managers ■ 2027 T)Lomawilla 12oad 'lellalLaasLx, rlur2a 32312 ■ PCI. R. 13739 'lel)el,t.., OwiLla 32317-3739 ■ (8570) W-6153 1'. (660) 366-8420 ■ wmad vra Gnclemcnc-nitlLar(urd.mm �Jll,1 . —,,: IYL. !\.L'lJ Lal1NrLL Director of Facilities Development : - --•- 1100 Simonton Street, RM 2-216:rr.,n>s. Key West, Florida 33040 RE: Jefferson B. Brown Building (JBB) Dcar Mr. Damctt: Please find enclosed ten (10) copies of the JBB analysis. We have spent a lot of ti,na e n r6a uv As' d•.«F...e and the general conditions of the buildings. We have made a concerted effort to not complicate the analysis so that our recommendations are easily understood. Tie shod, wr, imommrnd Thal Ihr 1965 portion of the building be renovated; once renovated it will sorvc Monroc County fur yrars to curor. Thr 1985 building concrete structure is visually failing and continues to fail. Failum is from the concrete not having proper coverage and from water intrumon over a period of time. We found a lot of evidence whore concrete is preparing to fall on the ceiling which presents a dangerous situation for the building inhabitants. The fhilure of this concrete provides cracks which allow moisture inti usimi to the. steel and This causes the steel to corrode. In addition. I understand that the IIistoric Jail was not putt of our scope of work, however, since the 1965 and 1985 additions were built around the Historic Jail 1 felt a sense of responsibility to give you our opinion on the Historic Jail and how it could be included/excluded. Obviously, it is up to Monroe County as to when the Historic Jail portion will be dealt with. I would like to commend you and your start Thal dealt with and assisted us on several visits; they met our every rcelucst. I would alms like. let thank Ihr. Court Administrator and Judges for their help. If additional information is needed, please call and we will do our best to provide the information to you. Sincerely, CLr RUT i D. Rutherford President WDR:lanr CC: rile ASSACiATES, INC. Enclosure: 'I'm (10) JBB Analysis "ATING ❑ �. ._ 0 G:\1400 Miscellaneous Proposals - 6-26-02\2007\Kcy West, Jefferson B. Brown CourtlnumWey West J.Barnett.Ltr.6.28.7.doc 00 00 rr ow ow ow 00 00 ow AW 00 Wlk ow u I � � a i I R a r M iX � 'vi CJ ry�r 1•M � � � ""� G` G 9 CZ ECG yaw€i C. a ri° ' c3 :.D _'y rl 14, [[( Ca C I J Gl . r�. 7n "� ' "D (� .i 9 �' r , � 1 ej ( [f Ov: ) Y85 addoiLxo Is m vtiFY lion ""ondilion is J�epact to de ctiiv�al' lne'ON'Itllcal' J)Ikind)ing and o,lqst ofail (lie coacietc slabs, tie beartis and parapel wail ='Iructure. It would reil he efficlew or practical in our opinion to tenovate or repair because there is not a tisav to determine the: extent of -the concrete structural darvinge, We recommend the deniolition of the 1985 additions and reconstruction with several options to consider (see page XXXXX) With the sec nstlRaction we can tie the 1965 and 1985 portions ttigclher. The renovated 1905 and the new portion could prescrit a building that is arc.lntccturally counpatibic and has the appearance of a consolidanxi Munroe County Courthouse. We would propose that we provide the furnishing design in the building if the County iq interested, however, eve realize that purchases like this come towards the end and it Inav be that inventorying the furniture, fixtures, and equipment that you have mid dcterninring what you amd will dclernune the arnount of turnishings that are applicable to the renovated and new addition. Architecturally, it is out desire to design and construct a facility that is both aesthetically pleasing and acceptable in Key West on behalf of Munroe County Commission and citizens. A very important aspect of the 196S building is that all conununications for Key West are housed on the tower on top of the building (telephone, 911, Sheriff, Fite, Rescue, etc.). Since the 1965 building is reconjuicralcil for renovation and rupf, demolition this results in major savings to the pl-Oj2'et. We will need to be very sensitive and cognizant of the structural integrit), of the tower and its Nupport systein both during &Molition, renovation and reconstruction, GENERAL OPINION I tie 14h5 addition can and should be renovated and used for Vlsal-S to c0n)C, The SULICtUre IS In Lood Condition and very. stable, The 1985 portion should be demolished because the structure has and oontinues, to fint., rchuild tile 1985 portion with consideration given to all floors being office space aodw grade level parking. The fx,Ssibility of using the second level as a docuruclu storage facility could Ix, cousidered- The Historic Jail is also a good document storage area. If document storage flit the second level is decided upon, rebuild the second level back with a 10'- S" floor to ceding height ri'not build it back at U'-8- for nortual office space. If it is built bark as office oa(,Upallcy tic second level floors (196,5-1985) will not march. This does, nut fine'e"I a huge probloll with horizontal connection because elevauns can stop ;it any elevation, It does not work to demolish part of the 1985 building and retain a porflon bucaasc of the failed structure and the previous jail being in the middle (2rd floor) of the existing facility. The third level is in a tonal state of disrepair because of stralling concrete firom water intrusion and inapt-wopriate concrete coverage on the steel that is shown in nUrricrou.- photograph,,,. This only leaves the ground floor Which is very inefficient because of sallypxort doors and other jail related spaces. in addition tile structural systmis does not provide for efficient cost renovation into office space. The second level jail plumbing leaked for several year-, and caused rinnor damage to the first floor. If the first floor structure was retained it would folrec the floors above to be built back in their current configuration structurally. It is more cost effective to change the structure to a linlre efficiency structure system and rebuild totally. In addition the Historic Jail offers very valuable space- as Building Maintenance or elimatized docuntent storage space. The IbIlowing, photo-y'laphs represent random shots taken tmotqOl the ceiling proOdccl, by rernoving the fi]CF. Please awe that the sivel is bi the boltorn of the shah which is 0,10 WITA011slocl. oftlic'scab. Also note that "arrovus" are drawn 1)(1infirig 10 al-CaS AICII as bV,,IM to slab steel which is wry (mbud to the stability of the structore. There are sc}cral at-Qas, that }Ne obSe"VA vi,;Ua]IY and by "tapping" that are "hollow sounding" which means they are ready to fall through the cefling. Sevetut of these could have casfle been Pried loose. Our opinion is that they will "turn loose" and fall }N ithin the next simy to ninety (60 - 901) days. w This Agreement is made and entered THIS 18T" day of July, 2007, by 12TH STREET, LTD. (LESSOR), a profit corporation incorporated in the State of Florida, whose address is 782 NW Lejeune Rd., Suite 638, Miami, FL 33126, and the BOARD of COUNTY COMMISSIONERS for MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, ("COUNTY" or "LESSEE"). WHEREAS, LESSOR owns an office building situated at 1111 12th Street, Suite 408, Key West, Florida 33040; and WHEREAS, the County Attorney's office has been located in a County building which has been deemed by an independent engineering company to be unsafe for continued occupancy; and WHEREAS, the COUNTY requires office space for the County Attorney's Office; now therefore IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION CONTAINED HEREIN, THE PARTIES AGREE: 1. PROPERTY. LESSOR leases exclusively to the COUNTY the Suite 408 of the e building known as the Key West Professional Building located at 1111 121" Street, Key West, FI. 33040, as more particularly shown on Exhibit A, hereafter the "premises," containing 4,400 square feet. Exhibit A is attached and made a part of this Agreement. 2. TERM. The initial term of this Agreement is four years and twelve days running from August 20, 2007, through August 31, 2011, unless earlier terminated as provided in sections 3, of this agreement. Should the premises become available for the County Attorney's office to be moved in at any date other than August 20, 2007, the rental amount will be adjusted on a pro rata basis to reflect the changed date of availability, and the natural termination date shall remain August 31, 2011. Either party may request an extension of term no later than June 1, 2011, for a one-year extension, by giving written notice to the other party. Thereafter one-year extensions may be requested in the same manner and by mutual agreement of the parties, provided LESSEE is not in default. 3. USE AND CONDITIONS. A. The premises shall be used solely for the operation of the County Attorney's office. If the premises are used for any other purpose, the LESSOR shall have the option of immediately terminating this Agreement. LESSEE shall not permit any use of the premises in any manner that would obstruct or interfere with any of the LESSOR's duties as an owner and LESSOR to maintain the building. B. The LESSEE will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the premises. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage, are specifically prohibited. The LESSEE will not use or occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense, County Attorney Lease 1 12* Street KW Professional Bldg. conform to and obey any present or future ordinance and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. C. LESSEE, its employees and invitees shall have the non-exclusive right to use the common areas of the building, such as stairways, elevator, corridors, and parking, and will abide by such reasonable rules as LESSOR may from impose regarding such use. LESSOR has the right to close off common areas from time to time for repairs and maintenance and other reasonable purposes. 4. RENT, A. For the use of the premises, the LESSEE must pay the LESSOR the sum of $118,800 per year, due in monthly installments payable in arrears upon receipt of a proper invoice pursuant to the Florida Prompt Payment Act, Sections 218.70, Florida Statutes, et. seq. Rent payments should be sent to: 12th Street, LTD. PO BOX 414586 Miami Beach, FL 33141-4586 B. On the 1st day of September, 2008, and annually thereafter, there shall be an adjustment to the base rent which shall be derived by taking the preceding year's rent and increasing the same by four percent (4%) or the percentage change of the Consumer Price Index for the preceding twelve (12) months, whichever is higher. "Index" shall mean the "Consumer Price Index for Urban Wage earners and Clerical Workers, U.S. City Average, all items (1967=100)" issued by the Bureau of Labor Statistics of the United States Department of Labor. In the event the Index shall hereafter be converted to a different standard reference base or otherwise revised, the determination of the Percentage Increases (defined above) shall be made with the use of such conversion factor, formula, or table for converting the Index as may be published by the Bureau of Labor Statistics or, if said Bureau shall not publish the same, then with the use of such conversion factor, formula or table as may be published by Prentice Hall, Inc., or, failing such publication, by any other nationally recognized publisher of similar statistical information. In the event the Index shall cease to be published, then for the purposes of this lease, there shall be substituted for the Index, such other index as LESSOR shall determine. C. For any partial month within the term hereof said rent shall be payable on a prorated basis. All rents shall be paid when due and interest for late payments shall be as set by the Prompt Payment Act. D. In the event that funds cannot be obtained or cannot be continued at a level sufficient to pay the lease price or the County Attorney's Office acquires adequate office space in a County -owned or State-owned building, this lease may be terminated by the LESSEE providing to LESSOR at least six months prior written notice of the termination. Payment under a multiple year agreement is contingent upon annual appropriation by the Board of County Commissioners. E. The cost of build -out required in section 8 below shall be included in the rental amount set forth in 4.A, above. County Attorney Lease 2 12'h Street KW Professional Bldg. F. Computations of those common areas and operating expenses normally passed through to tenants have been applied to the premises and included in the annual rent of $118,800. Should the common area and operating expenses demonstrably increase more than 4% in any year, County shall not withhold approval of any reasonable amendment to address economic changes. S. TAXES, The LESSEE is exempt from all taxes, including any sales or use tax, levied by any government agency. 6. UTILITIES. The LESSOR shall pay all charges for, water, solid waste, and sewerage, and the LESSEE shall pay for all electrical services used at the Premises during the lease term. 7. INSURANCE, A. LESSOR shall obtain and keep in force, insurance coverage insuring against any loss or damage to the premises caused by fire, windstorm, flood, or other such hazards, as well as a policy of comprehensive public liability insurance insuring LESSOR and LESSEE against any and all claims for damages to person or property, or loss of life or of property, occurring upon, in or about the premises, for any defects, ads or omissions other than those caused solely by LESSOR, its officers, employees and agents. B. LESSEE is self -insured and carries excess liability coverage, and is subject to limited immunity from claims under Section 768.28, F.S. It shall be the exclusive obligation of LESSEE to insure any and all contents of the leasehold premises and it is hereby agreed that the LESSOR shall have no liability for loss or damage to the same from any cause whatsoever. The LESSEE must keep in full force and effect the required insurance during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of this lease are canceled, terminated or reduced in coverage, then the LESSEE must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the COUNTY whenever acquired or amended. 8. CONDITION OF PREMISES, LESSOR and LESSEE agree that LESSOR shall, upon approval by the County Commission of this agreement, prepare the premises for occupancy by finishing the premises with the following: additional walls as indicated on Exhibit A, framing and doors as indicated on Exhibit A, an ADA compliant bathroom, a kitchen sink and cabinet, painting of walls In colors selected by LESSEE, carpeting in color selected by LESSEE, mini -blinds on exterior windows, switch and outlet plates, and ceiling tiles. The LESSEE must keep the premises in good order and condition. The LESSEE must promptly repair damage to the premises. At the end of the term of this Agreement, the LESSEE must surrender the premises to the LESSOR in the same good order and condition as the premises were on the commencement of the term, normal wear and tear excepted. The LESSEE is solely responsible for any improvements , other than those specified herein, which are placed on the premises. LESSOR shall perform all work required in the preparation of the property or premises hereby leased for occupancy by LESSEE, said work being more particularly described in Exhibit A. LESSEE reserves the right to inspect the leased area and to require whatever adjustment to structures or improvements as LESSEE reasonably deems necessary and County Attorney Lease 12'h Street KW Professional Bldg. which are consistent with the descriptions and drawing depicted in Exhibit A. Any adjustments to the premises, including the requests for colors of wall paint and carpeting, shall only be made in writing as follows: co -signed by (a) either the County Attorney or Chief Assistant County Attorney and (b) either the Director of Public Works or the Director of Facilities Maintenance. Notwithstanding the foregoing, LESSEE shall not have the right to request substantive changes to the improvements as described in Exhibit A if such changes alter the cost of labor or supplies and materials, or would alter the timing of the build -out. 9. IMPROVEMENTS. No structure or improvements of any kind shall be placed upon the land without prior approval in writing by the LESSOR, a building permit issued by City of Key West and any other agency, federal or state, permits required by law. Any such structure or improvements shall be constructed in a good and workmanlike manner at LESSEE's sole cost and expense. Subject to any LESSOR's lien, any structures or improvements constructed by LESSEE shall be removed by the LESSEE at LESSEE's sole cost and expense, by midnight on the day of termination of this Agreement or extension hereof, and the land restored as nearly as practical to its condition at the time this agreement is executed unless the LESSOR accepts in writing delivery of the premises together with any structures or improvements constructed by LESSEE. Portable or temporary advertising signs are prohibited. 10. MAINTENANCE. LESSEE, at LESSEE's expense, shall maintain the interior of the premises, and shall make all necessary repairs therein, including without limitation, maintenance, and repair of interior walls, windows, and doors. LESSEE shall provide monthly maintenance to the air conditioning units within the premises. LESSEE shall be responsible for cleaning the interior of the premises and maintaining all light fixtures in working order. LESSOR is responsible to maintain and repair the exterior walls and roof of the building, as well as the electrical wiring, the plumbing system serving the premises, and the air conditioning water tower equipment. 11. SIGNS. LESSEE may install a sign no larger than 2 feet by 3 feet may be placed near one of the doors to the common hallway of the building to denote the County Attorney's Office. LESSOR shall provide a listing in the Building directory for the County Attorney's Office. LESSEE will not exhibit, inscribe, paint, or affix any sign, advertisement, notice, or other lettering on any part of the outside of the premises or of the building of which the leasehold premises are a part, or inside the premises if visible from the outside, without first obtaining approval from the LESSOR and LESSEE further agrees to maintain such sign, lettering, etc., as may be approved, in good condition and repair at all times. 12. DESTRUCTION OR DAMAGE, A. If the premises are, or any part thereof shall be damaged by fire or other casualty, LESSEE shall give immediate notice thereof to LESSOR and this lease shall continue in full force and effect except as hereinafter set forth. B. If the premises are partially damaged or rendered partially unusable by fire or other casualty insured under the coverage obtained by the LESSOR, the damages thereto shall be repaired by LRSSOR, to the extent insurance proceeds are available. LESSOR will make the repairs and restorations with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles, and causes beyond LESSOR's control. After any such casualty, LESSEE will cooperate with LESSOR's restoration by removing from the County Attorney Lease 12* Street K%f Professional Bldg. premises as (promptly as possible, all of LESSEE's salvageable inventory and moveable equipment, furniture and other property. C. (1) Total Destruction. If the premises are rendered wholly unusable, the Lease shall terminate immediately upon the date of such disaster, and no rent shall be due after such date. (2) Partial Destruction. If the premises be so damaged that the LESSOR shall decide to demolish it or rebuild it, then, in such events, LESSOR or LESSEE may elect to terminate thiis lease by written notice to the other given within such casualty, specifying a date for the expiration of the lease, which will not be more than 60 days after giving such notice, and upon the date specified in such notice the term of the lease will expire fully and completely as if such date were the date set forth above for the termination of this lease. In such event, LESSEE will forthwith quit, surrender and vacate the premises without prejudice however to LESSOR's rights and remedies against LESSEE under the lease provisions in effect prior to such termination, and any rent owing will be paid up to such date. D. Nothing contained hereinabove will relieve LESSEE from any liability that may exist as a result of damage from fire or other casualty. LESSEE acknowledges that LESSOR will not carry insurance on LESSEE's inventory and/or furnishings or any fixtures or equipment, improvements, or appurtenances removable by the LESSEE, and agrees the LESSOR will not be obliged to repair any damage thereto or replace the same. Except as expressly provided herein to the contrary, this lease shall not terminate nor shall there be any abatement of rent as a result of a fire or other casualty which is the fault of, or caused by the LESSEE. LESSEE shall be responsible to insure the improvements and repairs which LESSEE provides to the premises. 13. EVENTS OF DEFAULT. The occurrence of any of the following shall constitute an event of default hereunder: A. Discontinuance by LESSEE of the conduct of its business in the premises, for a period of thirty days or longer. B. The filing of a petition by or against LESSEE for adjudication as a bankrupt or insolvent, or for its reorganization or for the appointment of a receiver or proceedings under Chapter X and/or Chapter IX of the Federal Bankruptcy Law; an assignment by LESSEE for the benefit of creditors; or the taking possession of the property of LESSEE by any governmental officer, court appointed receiver or agency pursuant to statutory authority for the dissolution or liquidation of LESSEE. C. Failure of LESSEE to pay when due any installment of rent hereunder or any other sum herein required to be paid by LESSEE. D. Abandonment or desertion of the premises or permitting the same to be empty and unoccupied, for any consecutive period of thirty days or longer. E. LESSEE's failure to perform any non -monetary covenant or condition of this lease within ten (10) days after written notice and demand. LESSOR'S failure to comply with any of the terms herein. County Attorney Lease 12" Street KW'Professional Bldg. 14. RIGHTS OF LESSOR UPON DEFAULT BY LESSEE. If the LESSEE is in default as defined in subparagraphs A to D inclusive of Paragraph 13 and if the same is not cured by the LESSEE within five (5) days after written notice to the LESSEE or if the LESSEE is in default pursuant to the provisions of sub -paragraph E of Section 13, the LESSOR, in addition to all rights and remedies granted under the laws of the State of iFlorida shall have any or all of the following rights: A. To re-enter and remove all persons and property from the premises, and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for loss or damage which may be occasioned thereby; and/or B. To terminate the lease and re -let the premises for account of the LESSOR or within the sale discretion of LESSOR the premises may be re -let for the account of the LESSEE. C. In the event of LESSOR's termination of this lease for LESSEE's breach hereunder, in addition to any other remedy otherwise available at law or equity, LESSOR may recover from LESSEE all damages incurred by reason of such breach, including the cost of recovering the premises. 15. RIGHTS OF LESSEE UPON DEFAULT BY LESSOR. In the event of LESSOR's breach of its obligations and duties under this agreement, LESSEE shall give the LESSOR notice in writing of said breach and allow LESSOR thirty (30) working days to remedy such defect. In the event that such defect is not cured within the requisite time, LESSEE may terminate this lease upon giving thirty days written notice to the LESSOR. In addition to any other remedy otherwise available at law or equity, LESSOR may recover from LESSEE: all damages incurred by reason of such breach, including the cost of relocating to new premises. 16. ATTORNEY'S FEES AND COSTS. Each party shall be solely responsible for the costs of !its own attorney's fees incurred in connection with the preparation and review of this lease for execution. If any action at law or in equity shall be brought under this lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this lease, or for the recovery of possession of the demised premises, the prevailing party shall be entitled to recover from the other party, reasonable attorneys fees and costs, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 17. INDEMNIFICATION. HOLD HARMLESS. Subject to Section 768.28, Florida Statutes, LESSEE shall indemnify and hold harmless LESSOR against and from any and all claims arising from LESSEE's use of the premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the LESSEE in or about the building, and shall further indemnify and hold harmless LESSOR against and from any and all claims arising from any breach or default in the performance of any obligation on LESSEE's part to be performed under the terms of this lease, or arising from any act or negligence of the LESSEE, or any officer, agent, employee, guest, or invitee of LESSEE, and from all and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. LESSEE, as a material part of County Attorney Lease 6 12" Street Kw Professional Bldg. the consideration to LESSOR, hereby assumes all risk of damage to property or injury to persons, in, upon or about the premises, from any cause other than LESSOR's negligence, and LESSEE hereby waives all claims In respect thereof against LESSOR. 18. !WAIVER. The failure of either the LESSOR or LESSEE to insist in any one or more instances upon the strict performance of any one or more of the obligations of this lease, or to exercise any right or election herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligations of this lease, or of the right to exercise such election, but the same shall both continue and remain in full force and effect with respect to any subsequent breach, act or omission. 19. LIENS, LESSEE further agrees that LESSEE will pay all of LESSEE's contractors, subcontractors, mechanics, laborers, materialmen and all others, and will indemnify LESSOR against all legal costs and charges, bond premiums for release of liens, and counsel fees reasonably incurred in the commencement or defense of any suit by the LESSOR to discharge any liens, judgments, or encumbrances against the premises caused or suffered by LESSEE. It is understood and agreed between the parties hereto that the costs and charges above referred to shall be considered as additional rent due under this lease, payable upon demand. The LESSEE herein shall not have any authority to create any liens for labor or material on the LESSOR's interest in the above -described property, and all persons contracting with the LESSEE for the doing of work or the furnishing of any materials on or to the premises, and all materialmen, contractors, mechanics and laborers, are hereby charged with notice that they must look to the LESSEE only to secure the payment of any bill for work done or materials furnished during the term of this lease. 20. EFFECT OF LESSEE'S HOLDING OVER. Any holding over after the expiration of the term of this lease, with the consent of LESSOR, shall be construed to be a tenancy from month Ito month, at the same monthly rent as required for the period immediately prior to the expiration of the lease. 21. PEACEFUL POSSESSION. So long as LESSEE pays all of the rent and charges due and performs all of LESSEE's other obligations hereunder, LESSEE shall peaceably and quietly have, hold, and enjoy the premises throughout the term of this lease, without interference or hindrance by LESSOR. 22. 'TRANSFER BY LESSOR. In the event of termination of LESSOR's ownership of the premises by operation of law or by bona fide sale of the premises or for any other reason, then LESSOR shall be released from all liability and responsibility hereunder. In such event, LESSOR's successor, by acceptance of rent from LESSEE, shall become liable and responsible to LESSEE in respect to all such obligations of LESSOR under this lease. This lease may be assigned by the LESSOR in which case, LESSEE, upon request by LESSOR, shall issue a letter stating that the lease is in full force and effect and that there are no setoff's, claims, or other defenses to rent. 23. ASSIGNMENT OR SUBLET BY LUSE& LESSEE may not assign this Lease in whole or in part, nor sublet any portion of the premises, without LESSOR's prior written consent, which consent may be arbitrarily withheld. County Attorney Lease 7 12'h Street KW' Professional Bldg. A. The LESSEE and signatory to this lease, and any subsequent assignees or subleasees, shall remain liable to LESSOR under the terms of this lease, regardless of the number of intervening assignments and subleases, without consent to such further assignments and subleases being required, unless and until LESSOR expressly releases said LESSEE, assignee or sublesee from liability under this lease, and such liability shall not be in any way affected or reduced by any modification of the lease between LESSOR and the occupant assignee, even if such modification is made without the prior LESSEES' consent. B. LESSOR's consent to any assignment, subletting, occupation, or use by another person, shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by any other person, or a waiver of any right of LESSOR to deny such consent pursuant to the provisions hereof. Furthermore, LESSEE understands and agrees that, should LESSOR approve any assignment or sublease, LESSOR shall have the right to be reimbursed for legally -related expenses in connection with the review, preparation, and processing of any documents associated with said assign ment/sublease. 24. SUBORDINATION, NON -DISTURBANCE AND ATTORNMENT. A. Subordination by LESSEE. LESSEE hereby subordinates its rights hereunder to the lien of any mortgage or mortgages, or the lien resulting from any other method of financing or refinancing, now or hereafter in force against the premises, and to all advances made or hereafter to be made upon the security thereof. This shall be self -operative and no further instrument of subordination shall be required by any mortgagee. However, LESSEE, upon request of any party in interest, shall execute promptly such instrument or certificates and irrevocably appoints LESSOR as Attorney -in -Fact for LESSEE, with full power and authority to execute and deliver, in the name of LESSEE, any such instrument or certificates. B. Estoppel Certificate. Within ten (10) days after request by LESSOR, or in the event that, in connection with any sale, assignment or hypothecation of the premises by LESSOR, an estoppel certificate shall be required from LESSEE, LESSEE agrees to deliver, in recordable: form, an estoppel certificate to any proposed mortgagee, purchaser, or to LESSOR, certifying (if such be the case) that this lease is in full force and effect and that there are no defenses or offsets thereon, or stating those claimed by LESSEE, as long as those are factual statements when made. C. Attomment. In the event of a sale or assignment of LESSOR's interest in the premises, or if the premises comes into the hands of a mortgagee, or any other person, whether because of a mortgage foreclosure, exercise of a power of sale, or other reason, LESSEE shall recognize said mortgagee or other person as the same as LESSOR hereunder. LESSEE shall execute, at LESSOR's request, any attornment agreement required by any mortgagee, or other such person containing such provisions as such mortgagee or other person requires. 25. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: LESSOR: COUNTY/LESSEE: 12th Street, Ltd. County Attorney 782 NW Lejeune Rd. PO Box 1026 Suite 638 Key West, FL 33041-1026 County Attorney Lease 12'h Street KW Professional Bldg. Miami, FI 33126 And County Administrator 1100 Simonton Street Key West, FL 33040 26. NON-DISCRIMINATION. The LESSEE for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of premises or in the contracting for improvements to the premises. 27. GOVERNING LAWS/VENUE/WAIVER OF JURY TRIAL, This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under, this Agreement must be in Monroe County, Florida. In the event of any litigation, the: prevailing party is entitled to a reasonable attorney's fee and costs. LESSOR and LESSEE hereby knowingly, voluntarily and Intentionally waive the right to a trial by jury in respect to any litigation based hereon, or arising out of, under or in connection with this lease, this waiver being a material inducement for LESSEE to enter into the lease 28. INCONSISTENCY. Any item, condition or obligation of this Agreement that is in conflict with the items listed in this paragraph is superseded to the extent of the conflict. 29. CONSTRUCTION. This Agreement has been carefully reviewed by the LESSOR and the LESSEE. Therefore, this Agreement is not to be construed against any party on the basis of authorship. 30. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) 12t^ STREET LTD. ATTEST: By - Title (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk County Attorney Lease 12'h Street KW Professional Bldg By - Title BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA — By MONROE COUNTY ATTORNEY g AP ROVED AS 10 0 SUZANNEX HHpUTTOON Co Date �T//�? / 0 7 Y Mayor/Chairman EXHIBIT A The attached drawing depicts the general nature of the build -out, which shall include all work necessary to provide an office suite ready to move in, and specifically includes: finishing doorways with wood frames, installing doors to offices (County to supply locking handles), installing drywall to create the additional 3 office spaces and bathrooms denoted on the attached drawing, completing air-conditioning ductwork, running channels for the County to install computer and phone connection lines, installation of standard lighting, two bathrooms of which at least one shall be ADA compliant, a kitchen floor cabinet with sink, plumbing as necessary for the bathrooms and kitchen sink, installation of carpeting, and painting of walls. County shall be responsible for its technology lines and bookcases. County Attorney Lease 10 121' street KW Professional Bldg. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2007 - KW Bulk Item: Yes No X Division: Coun 1yAttorney Staff Contact Person: Suzanne A. Hutton AGENDA ITEM WORDING: Approval of lease to relocate County Attorney's Office to the Key West Professional Building on 12t` Street. ITEM BACKGROUND: Staff has been monitoring the integrity of the deteriorating building presently housing the County Attorney's Office staff for several years. Recent reports, including a report issued June 28, 2007, by an independent engineer contracted to advise on demolition or renovation of the building, indicate the integrity of the building is rapidly deteriorating creating a hazardous work environment and jeopardizing the safety and welfare of County Attorney staff, the public and other County staff who must physically interact with them. Staff has sought out and visited available locations, anticipating the report to indicate a safety hazard, to find suitable office space to relocate the County Attorney's Office until a permanent location can be provided by the County. A study of the capital plan indicates it would be a minimum of three years before the Annex Building could be renovated for use. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval. TOTAL COST: TBD Approx. $110,000 per year BUDGETED: Yes _ No X COST TO COUNTY: TBD Approx. $110,000 ver year SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty �w OMB/Purchasing Risk Management DOCUMENTATION: Included X DISPOSITION: Revised 2105 Not Required AGENDA ITEM # demons, Rutherford u---sociates, inc. ■ A rA itprtc Plamiorb Interior Designers COUStrnl:tion Managers ■ 2027 Thomasville Road lallahasace, Flurirla 32312 ■ Pn� Box 13739 lallaliasscc, FUiila 32317-3739 ■ (R50) 385-6153 I'ax (db0) 366-8420 ■ e-maiL era(n;clpmnns-nrtherlord.com 1Y11. J%,LLY "aIILVll Director of Facilities Development - 1 100 Simonton Street, RM 2-216 Key West, Florida 33040 RE: Jefferson B. Brown Building (JBB) Dear Mr. Darnett: Please find enclosed ten (10) copies of the JBI3 analysis. We have spent a lot of times o n ro thn ntr,.nt,wnl rnhitonhwol nln.,tr..+.,1 Lr\/At' and the general conditions of the buildings. We have made a concerted effort to not complicate the analysis so that our recommendations are easily understood. Tn shnrl., wr rrcornrrrrnd t}ral Ihr. 1O65 portion of the building be renovated; once renovated it will serve Monroe County for yrars to Come. The 1985 building concrete structure is visually failing and continues to fail. Failure is from the concrete not having proper coverage and from water intrusion over a period of time. We found a lot of evidence where concrete is preparing to fall on the ceiling which presents a dangerous situation for the building inhabitants_ The failure of this concrete provides cracks which allow moisture int.rusinn In Ihr, strel and this causes the steel to corrode. In addition, I understand that the Historic Jail was not part of rrrn soopr of work, however, since the 1965 and 1985 additions were built around the Historic Jail I felt a sense of responsibility to give you our opinion on the Historic Jail and how it could be included/excluded. Obviously, it is up to Monroe County as to when the Historic Jail portion will be dealt with. I would like to commend you and your staff Thal dealt with and assisted us on several visits; they met our every request. I would also Iikr to thank Ihr, Court Administrator and Judges for their help. If additional information is needed, please call and we will do our best to provide the information to you. Sincerely, a PDR RUTH OR Bc ASSOCIATES, INC. therford President x JT+NV WDR:laru r CC: File Enclosure: Tcn (10) JDB Analysis G:\1400 Miscellaneous Proposals - 6-26-02\2007\Key West, Jefferson B. Brown Courthouse\Key West J.Barnett. Ltr.6.28.7.doc 0 Structural Opinion Original Building (1965 Building) This building appears to be in good condition. We did not observe any conditions that cause concern over the structural integrity of this building. Therefore, our opinion is that this building is in a condition that should continue to perform satisfactorily for some time. 1985 Bufldina Addition This building has significant structural issues. Water intrusion over the years has caused significant corrosion of the steel reinforcing inside the walls and roof slab. This corrosion has in -turn caused the concrete to spall off the walls and floors, thus exposing the corroded rebar. The amount of corrosion is severe at the third floor level. Numerous areas are visible where the concrete has spalled off the walls and/or roof slab. Upon closer examination we discovered numerous other areas at the roof slab where the corroding reinforcing has cracked the concrete, but the concrete has not yet spalled off. Upon visual observation of the building, it is obvious the third floor has experienced significant damage due to water intrusion. The extent of the damage throughout the r remainder of the building is unclear. In fact, there may be areas of the building that have r significant reinforcing corrosion, but the corrosion has not yet caused the concrete to r spall. In a case such as this, it is virtually impossible to determine the exact extent of the corrosion damage. r r Additionally, this building is framed with loadbearing interior walls throughout the space. r This type of construction, while being sound structurally, makes interior renovations r much more expensive, due to the amount of work to structural elements that is typically required. r r Due to the issues stated above, it is our opinion this building should be demolished and a ' new structure constructed in its place. A more complete discussion of options for new construction are presented in Section VI. 1 1 1 1 1 1 1 i i i i i i i i so i so Wb do WD we No we Wlb is to 06 06 00 lis Ob .06 00 00 I it I r r•.I rJ t•'J 1 rJ 4 -I �. f 1 P r 4-J C. OJ I Sri r, I �" r, d � �I•� I 7Q. ,-r, 'f. 71 I Y � I i r G u C C U C _ � 4r• pr+ 63 C• � M �i � I i Cc •..�� • as ; � .;, a 1� ----!- - I It 1'i Li 11(1t be efficientL}i' �,i'aCtical inUu' Ot3ilii[}i1 to rei-[ov] !ite Jf tel"}ait' i7i'CaUSC tt]C']C i4 1lLlt a 1 _'e'y' i!: dCt" rill Ine lilt _xtellt Uf t11 o Coln Clete S1.FUCtLlr'c.I dc11.11JgC. We rc,:ot'lillend t11e delk10 I t 1 o n o the 1 L)85 additions and reconstruction with several options to consider (see page XXXX,X) With the reconstruction we can tie the 1965 and 1985 portions together. The renovated 1965 acid the 110\,v portion could present a building that is architecturally compatible and has the appearance of a consolidated Monroe County Courthouse. We \,N ould propose that we provide the furnishing, design in the building if the County is interestcd, however, we realize that purchases like this come towards the end and it may he that inventorying the furniture, fIXILI1-es and equipment that you have and determining what you need will determine the amount of furnishings that are applicable to the renovated and new addition. Architecturally, it is our desire to design anti construct a facility that is both aesthetically pleasing and acceptable in Key West on behalf of Monroe County Commission and citizens. A very important aspect of the 1965 building is that all communications for Key West are housed on the tower on top of the building (telephone, 91 1, Sheriff, Fire, Rescue, etc.). Since the 1965 building is recommended for renovation and not demolition this results in major- savings to the project. Wewill need to he eery sensitise and cognisant of the structural integrity of the tower and its support system both during demolition, renovation and rcconst.ructinn. Il}i' 1s-}l77=l,.ld [.?l7 t'i1.11 e.13i`1 `;}l[1L!].t.1 !-i`� 1'c'17t.?l'dt,�l Lti'_:} ?S[.'Cr ""OF 4`(:M-ti 10 1W S}1LlLtL1TL: IS :,� d ] 4_[!od condition and ver1 stable. 1;3� .fi._..= 1, ir]I]if;�il ILcL :7L 11il' .•.. ] cbcl?1cl t}1L' I C} 1 l7(.)1 tlf.)il 15.'ltll Li]nslClcl a(11 ;11 eI] ii) i.E11 floors bL:111�1 ofl.icc space anci'or grade 1c:wl t7ark.in . The possibility! Of using the second IC-1-Cl as a do L.1111 1t StclragC facility cc.)uid be considered. The historic .laij i, also a good Cl[7cumeIlt Storage area- Il document ,ti7ra&'e on the second level is decided upon rebuild the Second Lvel hack 1l itll a I []'- S" floor to cellin, height. if not build it Luck at 121'-8" for nrnn7al office space. If it is built hack as office occupancy the second let el floors (1 96) :' 1 9857 will not match. This does not present a htiue problem with horizontal connectton b ause elevators can stop al zany elevatior7- Tr ..In{,S i,i.f r1�-'- I,, fa,_lT,;1l!`il� 1'•'..-. i3i t1' ;`. �q."' i`•Uil[i11:`,? �ii3d lulal15 ci lii;I,Li[1iI f'PC'< iatil° 0 t111' 1Llllr_{' titr -LIL ILifC J1Id file: I71 =Q1'lou, jail being ii7 the illiddlL: ;':` tloor) (A the L:li,,ting facilitG. The third 1.:• -_I. _.._..c.. f i'p"6 hco1illl; fI(Cl- ;R1Slfil •11'id ii7:ll�IlrollT iai c.c.in�rete cc,1 cra`�c ell] 11lf2 st.ccl thin Is Shown in numerous photc-raphs. This only leaves the ground floor which is eery inefficient because of sallyport doors and other jail related Space,. In addition the Structural syslerns rloes trot provide for efficient cost rLnolallon 111(0 ol'lice space. -rile Second level jail plumbing; leaked for several years and caused major damage to the first flclor. it' the first. floor Structul-e was retained it would force the 11oors above to be buIIt hack in their cLi. `rent c o n I I g u r a t I o i i StructuraIIl - It is more cost effcctilc to change t}lc structure to o niore efficiency struclul-e system and rebuild totally. In addition the Historic .tail oftcr, 1 CTi 1',1JUab1e SpJCe as E31-111dir7g tifail.7tellance or cllmatrced Cl(AL;LiillL:nt storage Space. -jj-i of sM) vvi-ilch is Li tension stccl.. Chis Is vcry ci`( cal 'io I -lie structural stabihtv oftheslab. Also note that `arrowL " me 1),y:mtmg to meaS SUCh as bcam 11ci sial) stcul which li : critical to the stability of the s1ructurc, Thcr.,- VSUZITI[IV "JI(] ,. v': Which rnctln5 flic-v arc rcadv ko tLP the cciling. Several (d thes�: Could 11inc ca"'Al-IN be-ull pried loose. Ou-.- opinl;)n is Ulm vc 1 "tury loo.,'c", and 1,111 witfillit Ole next 4z 90) ckvvs, JJ I: .F �� is A •.j �. .. r - , �r �f•3:`n.•:� �A yy� f a 4: .•-t .�' ��JJ '=iN'•' ''6'•�L•,yL hit .. _ s 4j'.4 �• ,.. •Y ,. .. Note: Attached lease not in final form as some details remain that must be filled in but are still being finalized at this time. LEASE AGREEMENT This Agreement is made and entered THIS 18T" day of July, 2007, by 12TH STREET, LTD. (LESSOR), a profit corporation incorporated in the State of Florida, whose address is 782 NW LeJune Rd., Suite 638, Miami, FL 33126, and the BOARD of COUNTY COMMISSIONERS for MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL��O, ("COUNTY" or "LESSEE"). WHEREAS, LESSOR Key West, Florida 33040; WHEREAS, the has been deemed b occupancy; and y County Attorney' an independery CONSIDERATION OF THE PARTIES AGREE: PROPERTY. know nLaiwt,-_ K Street, suite 408, building which for continued rney's Office; now N CONTAINED e COUNTY the Suite 408 of the e %te,d at 1111 121h Street, Key i &hereafter the "premises," part of this Agreement. this Agreement is four years and twelve days ih ust 31, 2011, unless earlier terminated as nt. uld the premises become available for the in to other than August 20, 2007, the rental reflect the changed date of availability, and in August 31, 2011. Either party may request an 2011, for a one-year extension, by giving written ne-year extensions may be requested in the same ! parties, provided LESSEE is not in default.. 3. USE AM CON ON . A. The prem used solely for the office. If the premisesWis or any other purpose, immediately terminatieement. LESSEE shall in any manner that would obstruct or interfere with owner and LESSOR to maintain the building. operation of the County Attorney's the LESSOR shall have the option of not permit any use of the premises any of the LESSOR's duties as an B. The LESSEE will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the premises. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage, are specifically prohibited. The LESSEE will not use or occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense, County Attorney Lease 121h Street KW Professional Bldg. conform to and obey any present or future ordinance and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. C. LESSEE, its employees and invitees shall have the non-exclusive right to use the common areas of the building, such as stairways, elevator, corridors, and parking, and will abide by such reasonable rules as LESSOR may from i e regarding such use. LESSOR has the right to close off common areas from time t r repairs and maintenance and other reasonable purposes. 4. RENT. A. For the use of the premises, per year, due in monthly proper invoice pursuant to the Flori Statutes, et. seq. Rent payments sh 12th Street, LTD. PO BOX 414586 Miami Beach, FL 33141-4586 B. On the 1st day of Septl adjustment to the base rent whic increasing the same by four pera Index for the p twelve (1 "Ind e a "Cc Workers, U.S. Avera it of the United S Depart converted to a dif t stand the Percentage Incre (defi C. For any Pq prorated basis. All r set by the Prompt Pa Vnts must payable pt Payment Act, sent to: LESSOR the sum of $ _ rears upon receipt of a his 218.70, Florida nually thereafter, there shall be an Lak'ing the preceding year's rent and age change of the Consumer Price th hever. gher. for Wage earners and Clerical ( 00 ed b Bureau of Labor Statistics b the ev a In ex shall hereafter be 'en se or othe ise revised, the determination of )ve) s be made with the use of such conversion j the In as may be published by the Bureau of 0ub the same, then with the use of such ublished by Prentice Hall, Inc., or, failing Ily reco nized publisher of similar statistical hall cease to be published, then for the purposes of lLr the Index, such other index as LESSOR shall ,ithin the term hereof said rent shall be payable on a paid when due and interest for late payments shall be as D. In the event that funds cannot be obtained or cannot be continued at a level sufficient to pay the lease price or the County Attorney's Office acquires adequate office space in a County -owned or State-owned building, this lease may be terminated by the LESSEE providing to LESSOR at least six months prior written notice of the termination. Payment under a multiple year agreement is contingent upon annual appropriation by the Board of County Commissioners. County Attorney Lease 121h Street KW Professional Bldg. F. Computations of those common areas and operating expenses normally passed through to tenants have been applied to the premises and included in the annual rent of $ . Should the common area and operating expenses demonstrably increase more than 4% in any year, County shall not withhold approval of any reasonable amendment to address economic changes. 5. TAXES. The LESSEE is exempt from all& including any sales or use tax, levied by any government agency. 6. UTILITIES. The LESSOR shall sewerage, and the LESSEE shall pay for all e the lease term. arees for, water, solid waste, and I ces used at the Premises during 7. INSURANCE. A. LESSOR shall obtain an p in force, insurance co a insuring against any loss or damage to the premises ca by fire, dstorm, floo other such hazards, as well as a policy of comprehe pu ility insurance ring LESSOR and LESSEE against any and all cla for dam on or property, o of life or of property, occurring upon, in or the pre or any defects, acts o missions other than those caused solely by LES officers, loyees and agents. B. LESSEE is self -insured limited immun' claims un obligation of ure any hereby agree the shall any cause what er. The LESSE t keep II f of this Agreement. the urn ility coverage, and is subject to - S. It shall be the exclusive leasehold premises and it is o r damage to the same from Effect the'l"Equired insurance during the term Jes originally purchased which meet the mated or reduced in coverage, then the olicies so that no gap in coverage occurs. led with the COUNTY whenever acquired or LESSOR and LESSEE agree that LESSOR shall, of this agreement, prepare the premises for The LESSEE must Imp the premises in good order and condition. The LESSEE must promptly repair damage to the premises. At the end of the term of this Agreement, the LESSEE must surrender the premises to the LESSOR in the same good order and condition as the premises were on the commencement of the term, normal wear and tear excepted. The LESSEE is solely responsible for any improvements , other than those specified herein, which are placed on the premises. LESSOR shall perform all work required in the preparation of the property or premises hereby leased for occupancy by LESSEE, said work being more particularly described in Exhibit A. LESSEE reserves the right to inspect the leased area and to require whatever adjustment to structures or improvements as necessary and County Attorney Lease 3 121h Street KW Professional Bldg. Any adjustments to the premises, including the requests for colors of wall paint and carpeting, shall only be made in writing as follows: co -signed by (a) either the County Attorney or Chief Assistant County Attorney and (b) either the Director of Public Works or the Director of Facilities Maintenance. Notwithstanding the foregoing, LESSEE shall not have the right to reauest chances to the improvements as described in Exhibit A 9. IMPROVEMENTS. No structure ements of any kind shall be placed upon the land without prior approval in writin h SSOR, a building permit issued by City of Key West and any other age a al or st ermits required by law. Any such structure or improvements shall Wucted in a g nd workmanlike manner at LESSEE's sole cost and expense. ect to any LESS lien, any structures or improvements constructed by LES all be removed by th SEE at LESSEE's sole cost and expense, by midnight on th of ter ' tion of this ement or extension hereof, and the land restored as nea s p to its condi at the time this agreement is executed unles e LESS in writing delive f the premises together with any structures prove m onstructed by LESS Portable or temporary advertising signs are . ed. 10. the premises, sr maintenance a monthly maintena responsible for clear SS tM an it condi 1 . SIGNS. L placed nea of the do Attorney's O LESSOR Attorneys Offic SSEE w notice, or other le ng on which the leasehold without first obtaining such sign, lettering, etc., s LESSE II neces r walls ndition r othe ble to mai %expNiding ll maintain the interior of it :in, without limitation, ✓s,SSEE shall provide is wipremises. LESSEE shall be ises and maintaining all light fixtures in nand repair the exterior walls and roof of umbing system serving the premises, E install a sign no larger than 2 feet by 3 feet may be orMURmmon hallway of the building to denote the County II pro e a listing in the Building directory for the County i t exhibit, inscribe, paint, or affix any sign, advertisement, part of the outside of the premises or of the building of a part, or inside the premises if visible from the outside, from the LESSOR and LESSEE further agrees to maintain may be approved, in good condition and repair at all times. 12. DESTRUCTION OR DAMAGE. A. If the premises are, or any part thereof shall be damaged by fire or other casualty, LESSEE shall give immediate notice thereof to LESSOR and this lease shall continue in full force and effect except as hereinafter set forth. B. If the premises are partially damaged or rendered partially unusable by fire or other casualty insured under the coverage obtained by the LESSOR, the damages thereto County Attorney Lease 4 121h Street KW Professional Bldg. shall be repaired by LRSSOR, to the extent insurance proceeds are available. LESSOR will make the repairs and restorations with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles, and causes beyond LESSOR's control. After any such casualty, LESSEE will cooperate with LESSOR's restoration by removing from the premises as promptly as possible, all of LESSEE's salvageable inventory and moveable equipment, furniture and other property. C. (1) Total Destruction. If the premises Lease shall terminate immediately upon the date after such date. (2) Partial Destruction. If the pr decide to demolish it or rebuild it, then, e wholly unusable, the and no rent shall be due damaged that the LESSOR shall R or LESSEE may elect to terminate this lease by written notice er given wit uch casualty, specifying a date for the expiration of the lease, ill not be more tha days after giving such notice, and upon the date specified i h notice the term of th e will expire fully and completely as if such date were the da t forth a e for the ter tion of this lease. In such event, LESSEE will forthwith quit, en vacate the p es without prejudice however to LESSOR' hts and ainst LESSEE un a lease provisions in effect prior to suc ination, y rent owing will be p up to such date. D. Nothing contained herl exist as a resul a from fire will not carry SSEE's equipment, i e LESSOR will no expressly provide any abatement of re 2lie SSEE from any liability that may ialty. SEE acknowledges that LESSOR r fur gs or any fixtures or e by LESSEE, and agrees the the r re ace the same. Except as se sha of terminate nor shall there be r casualty which is the fault of, or caused sure the improvements and repairs which shall constitute premises, for a B. The of a p n by or against LESSEE for adjudication as a bankrupt or insolvent, or for its r or for the appointment of a receiver or proceedings under Chapter X and/oW X of the Federal Bankruptcy Law; an assignment by LESSEE for the benefit of reditors; or the taking possession of the property of LESSEE by any governmental officer, court appointed receiver or agency pursuant to statutory authority for the dissolution or liquidation of LESSEE. C. Failure of LESSEE to pay when due any installment of rent hereunder or any other sum herein required to be paid by LESSEE. D. Abandonment or desertion of the premises or permitting the same to be empty and unoccupied, for any consecutive period of thirty days or longer. County Attorney Lease 121h Street KW Professional Bldg. E. LESSEE's failure to perform any non -monetary covenant or condition of this lease within ten (10) days after written notice and demand. F. LESSOR'S failure to comply with any of the terms herein. 14. RIGHTS OF LESSOR UPON DEFAULT BY LESSEE. If the LESSEE is in default as defined in subpara s A to D inclusive of Paragraph 13 and if the same is not cured by the LESSEE withi ) days after written notice to the LESSEE or if the LESSEE is in default pursuan revisions of sub -paragraph E of Section 13, the LESSOR, in addition to all righ edies granted under the laws of the State of Florida shall have any or all of the n hts: A. To re-enter and remove property may be removed and store for the account of LESSEE, all witho 4 without being deemed guilty of trespa be occasioned thereby; and/or B. To terminate the I within the sole discretion of LE LESSEE. �Rs and prope m the premises, and such iublic warehouse o where at the cost of and ce of notice or resort al process and becom�iable for loss amage which may ises for account of Mb LESSOR or be re -let for the account of the for LESSEE's breach Wt law or equity, LESSOR h breach, including the I DMULT BY LESSOR. In the event of utiesller this agreement, LESSEE shall give the ai LESSOR thirty (30) working days to 7e!ct is not cured within the requisite time, living hirty days written notice to the LESSOR. In available at law or equity, LESSOR may recover ason of such breach, including the cost of 16. ATTO 'S FE ND COSTS. Each party shall be solely responsible for the costs of its own s incurred in connection with the preparation and review of this lease for execut y action at law or in equity shall be brought under this lease, or for or on accoun o any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this lease, or for the recovery of possession of the demised premises, the prevailing party shall be entitled to recover from the other party, reasonable attorneys fees and costs, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 17. INDEMNIFICATION, HOLD HARMLESS. Subject to Section 768.28, Florida Statutes, LESSEE shall indemnify and hold harmless LESSOR against and from any and all claims arising from LESSEE's use of the premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the LESSEE in or about the building, and shall further indemnify and hold harmless LESSOR against and from any and County Attorney Lease 121h Street KW Professional Bldg. all claims arising from any breach or default in the performance of any obligation on LESSEE's part to be performed under the terms of this lease, or arising from any act or negligence of the LESSEE, or any officer, agent, employee, guest, or invitee of LESSEE, and from all and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. LESSEE, as a material part of the consideration to LESSOR, hereby assumes all risk of damage to property or injury to persons, in, upon or about the premises, from any cau�imer than LESSOR's negligence, and LESSEE hereby waives all claims in respect they st LESSOR. 18. WAIVER. The failure of either th more instances upon the strict performance of lease, or to exercise any right or electio r LESSEE to insist in any one or ore of the obligations of this all not be construed as a waiver or relinquishment for the futur erformance ch obligations of this lease, or of the right to exercise such elec the same shall bo ntinue and remain in full force and effect with respect to any quent breach, act or o n. 19. LIENS. LESSEE further ag contractors, subcontractors, m anics, indemnify LESSOR against all I st and counsel fees reasonably inc LESSOR to discharge any liens, ju or suffered by LESSEE. It is under c costs and char referred to lease, payab The LE herein not hav material on the OR's in t in the contracting with t SSEE f e doii to the premises, an ater' en, cc 21. PEA charges due and pe peaceably and quietly lease, without interfere will pay all o SEE's rialmen and all o , and will , bond premiums for ease of liens, :ement or defense of any suit by the Lances against the premises caused een the parties hereto that the e dditional rent due under this Nco cr any liens for labor or rop rty, and all persons �r the rnishing of any materials on or mechanics and laborers, are hereby SEE only to secure the payment of any term of this lease. .DINU OVER. Any holding over after the expiration nt of LESSOR, shall be construed to be a tenancy thly rent as required for the period immediately Wa ON. So long as LESSEE pays all of the rent and SSEE's other obligations hereunder, LESSEE shall nd enjoy the premises throughout the term of this or hindrance by LESSOR. 22. TRANSFER BY LESSOR. In the event of termination of LESSOR's ownership of the premises by operation of law or by bona fide sale of the premises or for any other reason, then LESSOR shall be released from all liability and responsibility hereunder. In such event, LESSOR's successor, by acceptance of rent from LESSEE, shall become liable and responsible to LESSEE in respect to all such obligations of LESSOR under this lease. This lease may be assigned by the LESSOR in which case, LESSEE, upon request by LESSOR, shall issue a letter stating that the lease is in full force and effect and that there are no setoffs, claims, or other defenses to rent. County Attorney Lease 7 121h Street KW Professional Bldg. 23. ASSIGNMENT OR SUBLET BY LESSEE. LESSEE may not assign this Lease in whole or in part, nor sublet any portion of the premises, without LESSOR's prior written consent, which consent may be arbitrarily withheld. A. The LESSEE and signatory to this lease, and any subsequent assignees or subleasees, shall remain liable to LESSOR under the terms of this lease, regardless of the number of intervening assignments and subleaseste, nsent to such further assignments and subleases being required, unlessESSOR expressly releases said LESSEE, assignee or sublesee from liability underand such liability shall not be in any way affected or reduced by any modificse between LESSOR and the occupant assignee, even if such modification i the prior LESSEEs' consent. B. LESSOR's consent to any as person, shall not be deemed to be a occupation, or use by any other per consent pursuant to the provisions her that, should LESSOR approve any assign be reimbursed for legally-relat xpens with the review, preparation, a ces assignment/sublease. the lien of a financing or r made or herea no further instru LESSEE, upon re B. st000el 1 event that, nnecti LESSOR, an a el c in recordable fo n LESSOR, certifyin there are no defense those are factual state subletting,Njeignment, or use by another r any subseqsubletting, r a waiver of any SOR to deny such Further e, LEtands and agrees ore, LESSOR sh ave the right to said r e b ordinates its rights hereunder to esulti om any other method of st th emises, and to all advances e This all be self -operative and .sire any mortgagee. However, I execute promptly such instrument or :orney-in-Fact for LESSEE, with full name of LESSEE, any such instrument or thin ten (10) days after request by LESSOR, or in the assignment or hypothecation of the premises by all required from LESSEE, LESSEE agrees to deliver, -tificate to any proposed mortgagee, purchaser, or to case) that this lease is in full force and effect and that ereon, or stating those claimed by LESSEE, as long as made. C. Attornment. In the event of a sale or assignment of LESSOR's interest in the premises, or if the premises comes into the hands of a mortgagee, or any other person, whether because of a mortgage foreclosure, exercise of a power of sale, or other reason, LESSEE shall recognize said mortgagee or other person as the same as LESSOR hereunder. LESSEE shall execute, at LESSOR's request, any attornment agreement required by any mortgagee, or other such person containing such provisions as such mortgagee or other person requires. 25. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: County Attorney Lease 121h Street KW Professional Bldg. LESSOR: COUNTY/LESSEE: 12th Street, Ltd. County Attorney 782 NW LeJune Rd. PO Box 1026 Suite 638 Key West, FL 330410 Miami, FI 33126 26. NON-DISCRIMINATION. successors in interest, and assign covenant and agree that no person excluded from participation in, den discrimination in the use of premix premises. U, 27. GOVERNING LAW governed by the laws of the State arising under this Agreement must litigation, the p arty is enti and LESSEE ly, volun in respect to igatio d hereo lease, this waiv ing a ma I indu and the L basis of a 30. FVM understanding. It oral. This Agreeme agreement. And F SEE for itse personal representatives, part of the consi ion hereof, does hereby grounds of race, colo , ational origin shall be he ben of, or be L se subjected to LLn tracting forvements to the F JURY TRIAL. This Agreement is ited States. Venue for any dispute Florida. In the event of any orney's fee and costs. LESSOR is ive the right to a trial by jury of, u r or in connection with this �E toe ter into the lease ition or obligation of this Agreement that is k; superseded to the extent of the conflict. greemMt has been carefully reviewed by the LESSOR ement is not to be construed against any party on the ING. This Agreement is the parties' final mutual rlier agreements or understandings, whether written or codified or replaced except by another written and signed IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. Witness Witness County Attorney Lease 9 121h Street KW Professional Bldg. LESSOR COMPANY By — Title OR - if a corporation use the following instead of witnesses (SEAL) ATTEST: By - Title (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk County Attorney Lease 10 121h Street KW Professional Bldg. By OF COUNTY COMMISSIONERS ,ROE COUNTY, FLORIDA ayor/Chairman low Meeting Date: July 18, 2007 - KW Division: County Attorngy Bulk Item: Yes No X Staff Contact Person: Suzanne A. Hutton AGENDA ITEM WORDING: Approval of a new contract with Jerry Coleman, Esq. and determination of term in paragraph 3: (a) "on a services needed basis" OR (b) "through October 6, 2007". ITEM BACKGROUND: Mr. Coleman terminated his prior contract effective April 6, 2007. At the March 15, 2007 BOCC meeting, the BOCC directed renegotiation of Mr. Coleman's contract for an additional six (6) months to allow Mr. Coleman to continue to provide affordable housing consulting services to the Workforce Housing Task Force until we can get a full-time Growth Management attorney on board and brought up to speed on these critical and complex issues. The end of the term in paragraph 3 requires a BOCC decision since the attorney wanted "on a services needed basis" allowing the BOCC to extend beyond October 6, 2007 or terminate before that date, but the BOCC's prior clear direction was for an additional six (6) months. PREVIOUS RELEVANT BOCC ACTION: 3/15/2006 direction to staff to renegotiate. CONTRACT/AGREEMENT CHANGES: To be determined by Board. STAFF RECOMMENDATIONS: Approval as determined by Board. TOTAL. COST: $ 80 , 000 BUDGETED: Yes x No COST TO COUNTY: $ 80 , 000 S® CE OT S: VENUE PRODUCING: Yes No xx AMOUNTPERMONTH Year PROVED BY: County Atty XJ0 OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 JERRY ', P.L. THIS AGREEMENT, made and entered into this day of May, 2007, A.D., by and between 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, JERRY COLEMAN, P.L., ("ATTORNEYS") hereby enter into this Agreement regarding the retention of ATTORNEYS by COUNTY to provide legal advice and services. WHEREAS, the parties entered into an agreement dated August 17, 2005, for ATTORNEY to provide legal services to the COUNTY; and WHEREAS, ATTORNEY and COUNTY have determined to set forth different and additional conditions of an agreement for legal services; now therefore, IN CONSIDERATION of the mutual covenants and provisions contained herein, the parties agree as follows: 1. THE CLIENT The Client 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 AGREEMENT This Agreement and representation by ATTORNEY is effective as of April 7, 2007, and shall continue {Select one}[on a services needed basis][through October 6, 2007] unless 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 land use and real estate issues, related particularly but not limited to housing, as more specifically set forth and expressly limited and/or conditioned in Exhibit A. 4.1 Professional ability to perform work, appointment of contract manager 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 at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. ATTORNEY warrants that he is a sole practitioner operating through a Florida Professional Limited Liability Company, JERRY COLEMAN,,P.L., and that at any time he adds to his practice an associate or partner and said person shall be added by contract amendment to be an authorized time -keeper under this agreement as amended, the authorized time keeper(s) shall be 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 INITIATING 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 cannot be avoided or mitigated under the Rules of Professional Conduct of The Florida Bar, COUNTY may (a) obtain reimbursement from ATTORNEY for an appropriate portion of fees and expenses paid to ATTORNEY in this matter where a material ethical breach has occurred and where irreparable prejudice and damages result, as agreed upon liquidated damages; or (b) obtain appropriate cancellation of amounts allegedly owed by COUNTY to ATTORNEY. 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 (Hourly) 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 Chan es to hourly rates Hourly rates for ATTORNEY and additional Timekeepers will be set at: Approved Time Keepers: Name: Jerry Coleman, Esq. (billed by firm — JERRY COLEMAN, F.L.) Hourly Rate: $350.00, through December 31, 2007; thereafter the hourly rate shall increase to $500.00 per hour. Name: Shannon McDonald (billed by firm — JERRY COLEMAN, P.L.) Hourly Rate: $65.00 for paralegal work which is covered by Section 57.104, Florida Statutes. Name: Shadrach Neiss (billed by firm — JERRY COLEMAN, P.L.) Hourly Rate: $100.00 for paralegal work which is covered by Section 57.104, Florida Statutes. 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 for like matters. 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 the 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. Existing work product 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 COUNTY'S obligation to pay each bill: 7.1. Monthly hly bills Absent extenuating circumstances, unless otherwise agreed in a writing signed by the COUNTY, bills shall be issued monthly by ATTORNEY within fifteen (15), but no later than forty-five (45) 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, including for whom the work was performed, to wit: Monroe County 'Workforce Housing Task Force, the Division of Growth Management or Housing and Community Development, the Housing and Community Development liaison, the County Administrator, the Monroe County Comprehensive Land and/or the Monroe County Housing Authority, the County Attorney's office, or the BOCC or any of its members, if not indicated in the title or by the description of the matter or task, 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 item 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 (where not otherwise made apparent), 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 ATTORNEY'S 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 under the requirements of this Agreement. 7.2.3 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 serially 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 $.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: 4 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. 7.3.1.3. Photocopying 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 outside the Florida Keys 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 ATTORNEY's local area (Monroe County) 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 the County that travel is in the County's best interest. Travel by more than one time -keeper at the same time to the same destination is not allowed without prior approval from COUNTY. Travel out of area is specifically authorized herein for attendance at meetings of the Monroe County Workforce Housing Task Force. In order for any other travel to be authorized, there must be a specific, request for the ATTORNEY to travel for a County purpose, such request shall be made or approved by a County official (de, fined for the purposes of this agreement only as one of the following: County Mayor, Planning Director, County Commissioner, County Administrator, County Attorney, Growth Management Division Director, Housing and Community Development Division Director, Monroe County Affordable Housing Coordinator). Travel time shall be billed at the full hourly rate for ATTORNEY under this agreement. COUNTY shall, to the greatest extent possible, attempt to schedule appearances of ATTORNEY at County Commission meetings in Key West, rather than other meeting locations. 7.3.2. Non -reimbursable expenses The following expenses will in no event be, reimbursable without prior written approval by the County Attorney, the County Administrator or the BOCC. 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. 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 staff' even if not temporarily employed) without full advance disclosure of the employee's temporary or short-term status to COUNTY. 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 outsourced services personnel). 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 shall be in accord with legal industry custom. 7.3.3. Advance approval of expenses In addition to the items noted above, ATTORNEY shall obtain advance approval from 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 until such documentation is 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 IJ 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 supporting documentation for invoices until at least four years 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 Clerk or County Cleric's representative, or legal bill auditor) upon COUNTY' 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. Reasonable time spent in preparing and reviewing original reports and documents (including where ethically required, time reasonably spent on redaction, segregating and the like to protect other clients' confidentiality shall be billable at the ATTORNEY's or other time keepers' then billable hourly rates. 8. 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, additional time keepers, and the 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 required to 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. Time preparing such reports shall be billable. 9.2. Case control ATTORNEY shall discuss all significant issues of litigation strategy and tactics, including motions, discovery, pleadings, briefs, trial preparation, experts, and settlement, with the County Attorney 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 work -product 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, subject to Bar Rules. 11. OWNERSHIP OF ATTORNEY FILES AND WORK PRODUCT ATTORNEY understands that COUNTY shall have a non-exclusive perpetual license to use the contents of 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). 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. Disputes regardinginterpretation COUNTY and ATTORNEY 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 representatives 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 or Administrative procedures In the event any administrative or legal proceeding is instituted against either the COUNTY or ATTORNEY relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and ATTORNEY each agree to participate, to the extent required by the other, in all proceedings, hearings, 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 Agreement. ATTORNEY agrees to forward copies of all documents in his or her possession licensed to COUNTY or related to the matter which is the subject of any dispute arising under this Agreement to COUNTY at the time of filing any administrative or legal proceeding. 12.4 ATTORNEY'S Fees and Costs In the event any administrative proceeding or cause of action is initiated or defended by the COUNTY or ATTORNEY relative to the enforcement or interpretation of this Agreement, the prevailing party shall be 0 entitled to an award of reasonable ATTORNEY'S fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include reasonable ATTORNEY'S fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement or as may be required by 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 COUNTY County Administrator and County Attorney 500 Whitehead Street PO Box 1026 Key West, FL. 33041 Key West, FL 33040 FOR ATTORNEY Jerry Coleman, Esq. JERRY COLEMAN, P.L. 201 Front Street, Suite 203 Key West, FL 33040 14. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. Venue for any legal action which may arise out of or under this agreement shall be in Monroe County, Florida. 15. ENTIRE AGREEMENT The entire agreement between the COUNTY and ATTORNEY with respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and written proposals and communications between the COUNTY and ATTORNEY related to this Agreement or the subject matter thereof. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by the party against whom the waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. 16. FLORIDA GOVERNMENT -IN -THE -SUNSHINE LAW ATTORNEY agrees that, unless specifically exempted or excepted by Florida law, the provisions of Chapter 112 and 286, Florida Statutes, generally require full and public discussion of matters to be voted upon by the Board of County Commissioners. ATTORNEY agrees to consult with the COUNTY ATTORNEY'S office concerning the application of the Sunshine Law from time to time concerning specific circumstances affecting discussions and voting by public officers that may arise during the term of this Agreement. 17. FLORIDA PUBLIC RECORDS LAW ATTORNEY agrees that, unless specifically exempted or excepted by Florida law or Rules and Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally require public access to all records and documents which may be made or received under this Agreement. ATTORNEY agrees to consult with the County Attorney's office concerning the application of the Public Records Law from time to time concerning specific circumstances that may arise during the term of this Agreement. Time spent by ATTORNEY responding to any Chapter 119 requests shall be billable to the person or entity receiving the production of documents. 18. NO ASSIGNMENTS ATTORNEY shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe 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 promptly following any Notice of Termination or following receipt of Notice of Termination, depending upon which party terminates the Agreement, copies of any documents appropriately requested by COUNTY in ATTORNEY's possession. COUNTY shall pay all copying or printing charges/costs and for any time keeper time spent preparing such post -termination productions. 19.2 Restriction on Communications ATTORNEY may communicate with the press, about COUNTY or about this matter subject to the restrictions imposed by ethics rules and this Agreement, but shall not bill the COUNTY for time spent communicating with the press unless otherwise approved by a proper COUNTY official designated herein. 20. SEVERABILITY If a term, covenant, condition or provision of this Agreement shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provision of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and 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 provision. 21. CAPTIONS 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 OBLIGATIONS AND RESPONSIBILITIES; NON -DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES This Agreement is not intended to relieve, nor shall it be construed as relieving, either the COUNTY or ATTORNEY from any obligation or responsibility imposed upon each by law except to the extent of actual and timely performance thereof by the other, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further this Agreement is not intended to authorize, 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 Constitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida Statutes. 10 23. RECORDS ATTORNEY shall maintain all books, records, and documents directly and materially pertinent to performance under this Agreement, including the documents referred to in this Agreement for a reasonable period, but of no less than one (1) year. Upon ten (10) business days written notice to the other, representatives of either the COUNTY or ATTORNEY shall have access, at all reasonable times, to all the other parry'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, subject however to reasonable restrictions for security, privacy, confidentiality and proprietary reasons. ATTORNEY shall retain all records required to be kept under this Agreement for a minimum of one (1) year, and for a year after the termination of this agreement. ATTORNEY shall keep for a period of five years 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 See Section 17. 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. 101990. 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 287.017, 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 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 11 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 ATTORNEY. 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 non- discrimination 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 ATTORNEY agrees to execute such documents as the COUNTY may reasonable require, including a Drug -Free Workplace Statement, and a Public Entity Crime Statement. 12 35. COUNTY AUTHORITY This 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 $500,000.00. 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. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and the COUNTY and ATTORNEY may execute this Agreement by signing any such counterpart. THIS AGREEMENT will become effective when executed by both the ATTORNEY and executed by the Board of County Commissioners of Monroe County, Florida. Attest: Danny L. Kohlage, Clerk By: Deputy Clerk Date: Witness to ATTORNEY: Signature Print Name Address: DATE: 13 Board of County Commissioners Of Monroe County By: Mario Di Gennaro, Mayor Date: ATTORNEY: Signature Print Name DATE: A. MATTER IDENTIFICATION: ATTORNEY shall act as Consultant to and Legal Advisor for the Workforce Housing Task Force, an advisory board to the Board of County Commissioners of Monroe County, Florida. The primary scope of services shall be to attend the meetings of the Task Force and provide legal counsel to said Task Force and other County officials; working in the area of land use and housing with and/or under the direction of the Monroe County Attorney's Office, County Administrator and other COUNTY personnel identified in this agreement; to draft ordinances and resolutions to enhance the development and preservation of affordable housing and to related land use issues; advising the Board of County Commissioners on such Iegislation as needed; advise the County on legislation and land use planning and state agency housing and land use matters. As counsel to the Task Force, ATTORNEY shall also advise that board regarding the Florida Government in the Sunshine Law and Public Records Law. 2. LIMITATIONS TO SCOPE OF REPRESENTATION: A. Task Force: ATTORNEY shall advise the Task Force at their scheduled meetings. Discussions with Task Force Members outside of the advisory board meetings shall only be billable if a description of the conversation is provided with the billing and it pertains to the work of the Task Force. B. County Commission: ATTORNEY shall advise the County Commission at their scheduled meetings when requested by one of the persons authorized in paragraph D, below, to do so. Discussions with individual commissioners outside of the Commission meetings shall only be billable if a description of the conversation is provided with the billing and it pertains to the matters approved under this agreement. C. County Staff: ATTORNEY shall consult with and advise the County staff at scheduled meetings, and in preparation therefor. Discussions with staff outside of the Task Force and Commission meetings shall only be billable if a description of the conversation is provided with the billing and it pertains to the matters approved under this agreement. D. Other People: ATTORNEY may bill for any time spent in communications with people with whom he is requested by the Task Force (not an individual member thereof), the County Commissioners, the County Administrator, the County Attorney, the Division Directors of Growth Management and of Housing and Community Development, the executive directors and staff of the Monroe County Land Authority and Housing Authority, and the Housing and Community Development liaison, to meet or consult. Discussions outside of the Task Force and Commission meetings shall only be billable if a description of the conversation is provided with the billing and it pertains to the matters approved under this agreement. ATTORNEY is authorized under this agreement to advise or consult with other parties or representatives of municipalities regarding their projects or potential projects where they relate and further unified coordination and sharing of housing and land use knowledge and resources within the Florida Keys. ATTORNEY may choose to provide similar services to others and bill those parties for such services, as long as the County is not billed for the same time spent and 14 paid for by the other client. ATTORNEY shall not act as or be deemed by mere association with other work for the COUNTY to be a negotiator of contracts or other official authority for affordable housing or other land use transactions for the County, or as a representative of the COUNTY, with respect to any property, development or redevelopment rights, development or application reviews or approvals of any kind, except where such role is expressly requested by the County and the duty to perform such a role for the COUNTY is expressly accepted by ATTORNEY with specificity as to the transaction involved. This provision is expressly intended to preserve the COUNTY's confidential and attorney -client protections for every expressly mutually accepted matter upon which ATTORNEY performs accepted work (without limitation of the COUNTY's rights to waive or condition any such protections) and to also prevent any inadvertent or implied conflict of interest that would deprive or unduly restrict the ATTORNEY's ability to work in Monroe County or elsewhere in this state on land use and real estate or other matters for private or governmental clients, even where they might be or become adverse to the COUNTY, where a direct conflict of interest arising from simultaneous or substantial past representations does not exist. This provision is also meant to prevent limitation of consumers of legal services in Monroe County from engaging the ATTORNEY and the unreasonable preclusion of ATTORNEY from representing such third parties on land use and other matters where ATTORNEY has merely been in attendance at public meetings or the like where matters that ATTORNEY has not materially dealt with on behalf of the COUNTY are placed upon an agenda or discussed, or where ATTORNEY has merely been sent or copied, for instance, with an e-mail along with Task Force members or County staff in what are otherwise public documents or communications. In no case shall general legal consulting on land use legislation be construed to preclude ATTORNEY from ever working for private or other governmental clients on matters where legislation the ATTORNEY may have worked on may come into play in such matters. However, the ATTORNEY and COUNTY agree that, unless conflict of interest is waived by the COUNTY according to ethical rules, ATTORNEY prior work only on the following matters precludes ATTORNEY from working on the following matters for the listed non -COUNTY clients (or their substantially same successors -in -interest) who were involved in such matters: OVERSEAS REDEVELOMENT COMPANY (or CORTEX or KEYS CARIBBEAN or entities substantially identified with Timothy Keonig) (Matter - Overseas Trailer Park Purchase and Lease) CARLISLE GROUP (and "SEA GRAPE" affiliates or entities substantially identified with Lloyd Boggio) (Matter -Falcon Pass/Sea Grape Marathon Purchase and Lease) PARK VILLAGE LLC and ISLANDER VILLAGE LLC (or entities substantially identified with Edwin Swift)(Matter — Park Village and Islander Village Purchase and Lease) HABITAT FOR HUMANITY OF KEY WEST & LOWER KEYS, INC. (Matter — current Big Coppitt parcel redevelopment) TRADEWINDS II LLC (or entities substantially identified with Peter Rososco)(Matter — Tradewinds II Purchase and Lease) ROY's TRAILER PARK (or (or entities substantially identified with Michael Browning)(Matter — Roy's Trailer Park Purchase and Lease) Any other contact or meeting with County officials and developers or property owners wherein ATTORNEY did not engage in any significant follow-on work for the COUNTY or 15 such other parties in any matter discussed shall not be deemed a conflicting representation, consultation or relationship unless ATTORNEY and COUNTY expressly agree to have ATTORNEY work on the matter or issues involved in the future. The COUNTY and COUNTY ATTORNEY's OFFICE expressly acknowledge the that foregoing and prospective potential conflict of interest limitations on ATTORNEY's right to practice will not inhibit the ATTORNEY's ability to practice and will not constitute in their reasonable and considered judgment any violation of Florida Bar Rule 4-5.6. 16 06/28/2007 09:49 3052953931 JUDGE PEARY S FOWLER PACE 02/04 $1 1 t UFWFIL*; [7UL1 1. 1�➢�.JGI[CO ACA=,,,, CERTIFICATE OF LIABILITY INSURANCE PRODUa;R THIS CMRTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suneoast Insuranco Associates ONLY AND CONFERS NO RIGHTS .UPON THE 4ERTIFICRTE P.O. eox 2268E HMIIIER. THIS CERTIFICATE DOES NOT AMI.ND, EXTEND OIL ALTER THE COVERAGE AFFORDED BY THE POLICIES 141;L.rJw. TRmpa, FL 33622 2608 813 INSURERS AFFORDING COVERAGE INRURF€] --- �INWAtRA: Amarleah Guarantee & Llabiiity --- - - ' JerryCc►ioman, P,I.. II�I,URERB: 201 Front Street, Suite 203 INAURERC: ' Key West, FL 33040 tt[GumE'R17: ;OVERAGES THE POLICIES OF INSURANCE LISTED I3&Dw HAVg 15EM IS3UEo To -DIE INQURED NAMED ABOVE FOR THE. POLICY PERIOD INDICATE). NOTWI€HS€ANWHO, ANY REOWRtMFNT, TERM OR CONDITION OF ANY coNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFP'ORori) QY THE POLICIES AESGRIBED HURON IS SUBJECT TO ALL POLICIES. AGGREGATE L tmm SHOWN MAY HAVE REEN REDUCED BY PAO CLAIMS. THE TERMS, EXCI.VS)ONS AND CONDITIONS OF SUCH IN R YYiifaFLIiGUFiANGE PflL[GYiUMBER —PAVPOLICY 4LIGY T LIM= Or NERI L WSILITY CACH OCCURRMCE S . LILli 004E {Ary plttl fBa COMM F-RCK OCNERAL Lt"ILIiY CLAM MADP a 09CUR MEO EXP {Any aM psttntm} $ PPMUNAL & ACV INJURY $ _. • GRIIERALAaGRCOATE $ PRODUGT5 •COMI1A7PA10 S v AQNI,AGGREGATELwOrAPPLIESPER' FOI.G1' PPIO• IM ALrf0MWIL1'= LIAEt1JYY ANYAUT4 LuU IIvOLEtliSri ALL CWNW Atli o9 SCHEDULVD AUN9 I $OpILYrN�uRr IParporecn} S - HIRED nuTos NON.oVmFFAVTGS MOOILY INmy (Pnroctldvnt) S �E�a°•a „tjAr+IAOR � amGCLIAmrrt AUYOONLY -rAACCIDENT S OTHM TMN M ACC ANY AilrO AVT09N4Y; AGM ERCE82 LIABIL". . =CUR CLARASMAt C EACHOCCURRENCE - "a AG43FMGA7E s 8 DEOUCTIBLE 1tcfENiltlN S S WORKERS COMFFWUATICN AND MTOT VpLoymv L MILtiv EL rACHACCIOENT S_ G,{,.nlsCAss-CAtMPLOYCE 5 A . vT: R Lawyers I,PL8960S933 Os10�t0I; . tl9 7 raf�sslonl 'abiit � G.L, O19Cn9E •F}GL�"a1'Li�11Y S $500,000. Each Gla#m �`a7`'i1p'rgOttAttLi..lAgg. D69CRIP710N 4F4pEfxA�i'9NSR.OGkttbPl®nIEHiCLL"S!E%CL[fs3LQN$ fhL1C�t} M� ENO�i$EtGihTISPECIAL PRW1,31DN9 # Prefmional Liability is written On a ctalrns-mdde hasi�. For Proposal Purposes m .a 3 25.5 (719x)i of 2 M 20662IM130660 REFL X;MC.ELLA•TION SHOAM1kYOFTI{SAL#avCar:$CINLi[7nRgt,K.'i'C$BSC9h10ELLFiYI1MF1H0E3�11LAti0N VATETHEREOp, THFf6MNG INSURER VAL1.k7mCAOR To MAIL20 nAY3TVRITTE34 x HMU[iTOnIECMMPTVATEHpLDMNAMEOTOTHELE;:T.61i€PniLURa7OD09PSHALL -• Ilse'argfENOO�L.raarlON9RI.1AD1LIFfivt:+LriYRrreOVPONiH�INRU1Lr?R,kT8A0�NT30R � R EBF.NTkSi6fE8. A t�R1FEh R5$ TATNH CM 9 ACCII ORPORATION lose I • `�r BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2007 Division: County Attorney Bulk Item: Yes No xx Staff Contact Person: Bob Shillinger x3470 AGENDA ITEM WORDING: Request to schedule a closed executive Session of the Board of County Commissioners in the matter of Monroe County v. Lodge Construction; Case no. CA-K-00-617. ITEM BACKGROUND: In 2000, the County sued Lodge Construction to recover the additional costs the County incurred when Lodge abandoned the Gato Building renovation project. Judge Payne had granted summary judgment in favor of the County on the issues of liability, finding that the GC had breached the contract as a matter of law. The Third DCA had reversed that summary judgment finding and remanded for a new trial on liability and damages. (The first trial was solely on damages). Under Judge Audlin's pretrial order, the parties are obligated to mediate the dispute prior to the new trial which is scheduled to start on September 4, 2007. Legal staff requests a closed session to discuss this matter prior to the mediation. Per F.S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. Present at the meeting will be the Commissioners, County Administrator Tom Willi, County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, and the County's special litigation counsel Ira Libanoff and Janet Ritenbaugh, and a certified court reporter. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval. TOTAL COST: O—M00.00 BUDGETED: Yes xx No COST TO COUNTY: (d3500.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required X DISPOSITION: Revised 2/05 AGENDA ITEM # Meeting Date: July 18, 2007 Bulk Item: Yes No X Division: County Attorney Department Contact: Suzanne Hutton AGENDA ITEM WORDING: Approval of a resolution designating as Brownfields the Properties known as the BaltufT dump site, to wit: RE 00112710-000000, described as UPI 5 acres of E 15 acres of Lot 1, Section 17 Township 66 Range 29 as reflected in OR 518-119/121, OR 930-2077, OR 1549-1353/54, and RE 00112720- 000100 described as the N 5 acres of the E 10 acres of Lot 1 Section 17 Township 66 Range 29, as reflected in OR 515-119/121, OR 930-2077, OR 1549-1353/54. ITEM BACKGROUND: At the bequest of Habitat for Humanities for the Lower Keys, the current owner of the properties, Commissioner Neugent brought this matter up for discussion at the June 20, 2007 BOCC meeting. Upon advice of counsel that the County Attorney wanted an opportunity to review potential liability issues, the matter was tabled until the July meeting. The County Attorney has ascertained that the property has never been owned by the County nor has it ever been leased by the County for any use, including as a dump site. PREVIOUS RELEVANT BOCC ACTION: See above. STAFF RECOMMENDATIONS: Approval TOTAL. COST: BUDGETED: N/A COST TO COUNTY: SOURCE OF S: VENUE PRODUCING: AMOUNT PER MONTH Year PROVED BY: County AttyOMB/Purchasing Risk Management DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION:AGENDA ITEM # RESOLUTION NO. -2007 WHEREAS, the United States of America Environmental Protection Agency has made available funds such as: 1. EPA Site Assessment Grant $200,000 2. EPA Targeted Site Assessment Grant $50,000 3. HUD Brownfield Economic Development Initiative (BEDI) of $2,500,000,000 4. Olean rater State Revolving Fund Federal "Brownfields" Tax Incentive; and WHEREAS, local governments may designate a "Brownfields" area by resolution; and WHEREAS, a person who owns or controls a potential "Brownfields" area may designate a "Brownfields" area by resolution; and WHEREAS, Habitat for Humanity of the Lower Keys and Key West is the legal owner of the property seeking the designation; and WHEREAS, Habitat for Humanity of the Lower Keys and Key West is hereby requesting Monroe County to designate the property known as the Old Baltuff Dump Site as a "Brownfields"; and WHEREAS, Habitat for Humanity of the Lower Keys and Key blest agrees to clean up and redevelop the dump site, creating ten new jobs, remaining in compliance with the Monroe County Land Use Plan, giving appropriate public notice, establishing financial assurances; and BE IT RESOLVED BY THE BOARD OF COUNTY COMMUSSIONERS OF MONROECOUNTY, ,,e ;MEN. THAT: F 1. The area known as the Old Baltuff Dump Site shall be designated as a "BrownfielW' area; to -wit: RE 00112710-000000, described as W 5 acres of E 15 acres of Lot 1, Section 17 Township 66 Range 29 as reflected in OR 518-119/121, OR 930-2077, OR 1549- 1353/54; and RE 00112720-000100 described as the N 5 acres of the E 10 acres of Lot 1 Section 17 Township 66 Range 29, as reflected in OR 519-119/121, OR 930- 2077, OR 1549-1353/54. 2. Habitat for Humanity of the Lower Keys and Key West shall be the responsible party for the "Browgfie1W' Site Rehabilitation. 3. The Clerk is directed to send a copy of this resolution to: a. Ms. Audrey Wright, Assistant District Director, South District Florida Department of Environmental Protection 2295 Victoria Avenue Fort Myers, Florida 33901 b. Bureau of Waste Cleanup Division of Waste Management M.S. #4500 2600 Blair Stone Road Tallahassee, FL 32399-2400 4. This resolution shall become effective immediately upon its adoption. PASSER AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the I SP day of July, A.D., 2007. ATTEST: Danny L. Kolhage, CLERK By: BE Property Information for 1142042 Page 1 of 2 MONROE COUNTY PROPERTY APPRAISER PROPERTY INFORMATION FOR: Alternate Key: 1142042 '�iITD.EV . s 0l I, .7!0-0116 if () - rruPer[y �e�w�� OWNER OF REcoRD PH sICAL LocATIQN LEGAL DEScRIPTION SECTION, Towwu', RANGE AFFORDABLE HousiNG MILLAGE GRoup PC CODE I I r 'z 1 *} I I I I I I I I r� Land uetMIS LAND UBE CODE FRONTAGE DEPTH LET AMA Parcel Value History TAX ROLL YEAR BMISCELLANEOUS UIIAING IMPROVEMENTS http://www.mepafl.org/dat,gcenter/search/record.asp 7/3/2007 Property Information for 1142069 Page 1 of 2 MONROE COUNTY PROPERTY APPRAISER PROPERTY INFORMATION FOR: Alternate Key: 1142069 rrvperiv �cuu�a ONVNER OF RECORD PHysicAL LOCATION LEGAL DESCRIPTION SECTION, TQWN�IiP, RANGE AFFORDABLE HOC;SING MILLAGE GROUP PC CODE Land Details LAND USE CODE FRONTAGE DFvw LAND AREA Parcel Value History TAx RoLL YEAR BUILDING MISCELL LAND JUST EXEMPTIONS (H4I I TAXABLE IMPROVEMENTS INCLUDING SENIORS) j --. http://www.mepafl.org/datpcenter/search/record.asp 7/3/2007 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 Raphael Edward Doody in Code Enforcement Case CE06030161. ITEM BACKGROUND: On July 6, 2006 Mr. Doddy was cited for violation of County Code 19-95 for an abandoned vehicle parked on the right-of-way of Buttonwood Drive East, Sugarloaf Key, Florida. The case was brought before the Special Magistrate on September 28, 2006, at which time Mr. Doody was found in violation. The Special Magistrate set compliance for October 13, 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 June 29, 2007, the fines and costs have accrued to a total of $5,068.50 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 x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # DocH 1619605 12/28/2006 9:16AM Dooa 1619605 Filed & Recorded in Official Records of Bka 2261 P9q 1580 MONROE COUNTY DANNY L. KOLHAGE BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, VS. RAPHAEL EDWARD DOODY Respondent(s). CASE NO. CE06030161 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on September 28a` 2006, after due notice to the Respondent(s), at which time the Special Magistrate heard testimony under oath, received evidence, and issued his Order finding the Respondent(s) in violation of Monroe County Code Section(s): §19-95. Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by October 12t` 2006, and further, that failure to correct the violation(s) by the compliance date may result in a fine per day, being imposed for each day thereafter that there is noncompliance. At the meeting of the Special Magistrate held on October 191' 2006, Inspector Borso testified that the following violation(s) had not yet been corrected: §19-95. ACCORDINGLY, the Special Magistrate finding that the violation(s) had not been corrected, as previously ordered, it is hereby: ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the amount of $150.00 (ONE HUNDRED- FIFTY DOLLARS), per day, beginning October 13`h 2006, and for each and every day thereafter that the violation(s) exist(s) and/or continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a fine in the amount of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR(S). THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: MONROE COUNTY RIGHT OF WAY AT BUTTONWOOD DRIVE EAST, SUGARLOAF KEY, MONROE COUNTY, FLORIDA; DOCH 1619605 5ka 2261 Pq# 1581 Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the Courts for Monroe County, Florida. That upon complying, the Respondent(s) shall notify the Code Inspector in this case, who shall reinspect the property and notify the Special Magistrate of compliance. DONE AND ORDERED this & of October, 2006, at the Monroe County Government Regional Center, Marathon, Florida. BY I . I( J. Jeffei n v y, squire Code Enf rc t Special Mp STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day, before me, on officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared J. Jefferson Overby, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of October, 2006. ran L. Bass Commission D0333077 giros June 28, 2008 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished by U.S. Maid, to the Respondent(s) 1028 Buttonwood Drive East, Sugarloaf Key, FL 33042, this day of . Karen Bass, Code Enforcement Liaison MONROE COUNTY OFFICIAL RECORDS BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA Case # CE06030161 RAPHAEL EDWARD DOODY Respondents June 28`' 2007 Inasmuch as a Code Enforcement lien which is incorporated herein, have been on file in the official records of Monroe County for more than 3 months without being satisfied, this tribunal, pursuant to F.S. 162.09(3), hereby authorizes the Monroe County Attorney's office to institute civil actions to foreclose on said liens and/or to recover money judgments for the amounts of the individual liens plus interest and costs. DONE AND ORDERED at the Marathon Government Regional Center, Marathon, Florida, this 28`h day of June, 2007. Larry J. Code Enforcement Special Magistrate STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County a d ate l=afor 28`h day of June, 2007. ly B KVW L s.a Nota Public { iN (Awg11i6 W DD333 V .AMil28.2008 1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 21, 2007 Division: COUNTY ATTORNEY Bulk Item: Staff Contact Person: Natileene W. Cassel Telephone No. 305-292-3470 AGENDA ITEM WORDING: Approval of contract 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: The Board approved the award of the contract at the June 20, 2007 meeting. CONTRACT/AGREEMENT CHANGES: NONE STAFF RECOMMENDATIONS: Approval. TOTAL COST: None COST TO COUNTY: none BUDGETED: YES NO SOURCE OF FUNDS: REVENUE PRODUCING: YES _ NO AMOUNT PER MONTH Year APPROVED BY: County Ariy OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: , AGENDA Item# AGREEMENT FOR PROBATIONSERVICES BETWEEN MONROE COUNTY AND COURT OPTIONS, INC. T141S AGREEMENT, made and entered into this day of _ w, 2007, A.D., by and between MONROE COUNTY, FLORIDA, (h!;reinafter sometimes called the "COUNTY"), and COURT OPTIONS, INC., a Florida ,,orporation, (hereinafter called the "CONTRACTOR"). WITEREAS, certain misdemeanor defendants are placed on probation by the County Court (COURT) of the Sixteenth Judicial Circuit, Monroe County; and WHEREAS, Section 948.15(2), Florida Statutes, allt►ws for a private entity under AGREEMENT with the COUNTY to provide probation services; and WHEREAS, the COURT utilizes private entities to provide certain msdemeanor probation and criminal justice services for the efficient adm! nistration of justice in Monroe County; and WHEREAS, the COURT desires to continue to utili.,e the probation and criminal justice services of a private agency under an agreement whi►;h establishes minimum standards for service and financial accountability; and NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: That the paili-Is hereto, for the consideration hereinafter set forth, mutually agree as follow; THE AGREEMENT The AGREEMENT between the COUNTY shall be the entire Agreement between the parties. 2. TERM OF AGREEMENT The term of this AGREEMENT is for Three (3) years, cornmencing on the 1'` day of August, 2007, and ending; on the 31, day of July, 2010. County, with the consent of the Chief Judge of the Court, has the optim of renewing this AGREEMENT for four succeeding periods of (1) me -year each. COUNTY shall provide CONTRACTOR at least thirty (30) days novice of its intent to renew. 3. SCOPE Or, T11FE WORK The CONTRACTOR shall provide misdemeanor probation services for the 16`h Judicial Circuit, and shall include supervision, rehaL,ilitation, and probation. The CONTRACTOR may also provide pre-trial diversion services at no additional cost to the COUNTY and charged exclusively to the participm-as in the program. The CONTRACTOR warrants that it is authorized. ty law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these AGREEMENT documents. The provider shall at -ill times exercise independent, professional judgment and shell assume professional responsibility for the services to be provided. CO].U' CRACTOR shall provide services to the degree permitted by law and ordered by the Court and using the following standards, as a minimum requirement: 3.1 Monitor Special Conditions CONTRACTOR shall monitor compliance with conditions placed on referred cases as directed by the Court. The CONTRACTOR, shall monitor, collect, follow up and enforce special conditions of probation, inch4ing, but not limited to: (i) Restitution (ii) Fines and Court costs (iii) Evaluation and treatment programs (iv) Community services (v) Cost of supervision fees (vi) Procurement of licenses (vii) Pre -Trial Services The CONTRACTOR shall place priority on payrne at of restitution. Waivers by the sentencing Court of any special condition of probation shall be noted in the case file. 3.2 Staffing 3.2.1 The CONTRACTOR shall maintain adequate; staffing levels to: (i) attend Court when specifically requested by 1 he Court, (ii) provide proper liaison with the sentencing Court, (iii)perform the initial intake of persons placed on misdemeanor probation with the CONTRACTOR, (iv) properly supervise persons placed on nusdealeanor probation with the CONTRACTOR, (v) appear at all Court hearings involving a proh)ationer supervised by the CONTRACTOR, (vi) supervise all probationers of the COURT, (vii) maintain records and reporting requireme:ni s set by law and by this Agreement, and (viii)provide oversight of any offender placed on pre-trial diversion. (ix) collect, record, report, and distribute all payments as required under -this Agreement. 3.2.2 CONTRACTOR shall staff each area with personnel who are fluent in English and trained in courtroom decorum, who have experience in providing testimony in court, who are available to testify, who have knowledge of the probationer and file about which they are called to 1 estify. CJa" ';� -t 1 � 3.2.3 Each area shall be staffed at all times during :-egular hours and flexible hours with personnel who are fluent in Spanish and fluent in English to ensure that probationers will be supervised in the language understandable to the probationer. It is not a requirement that staff members be bilingual, it is acceptable to have an English speaker and a Spanisri speaker available. The CONTRACTOR shall have, either on staff or on an on -call basis, interpreters fluent in other foreign languages to assist the probationer(s) in understanding and meeting the terms of their probation. 3.2.4 The CONTRACTOR shall have, either on st; off or on -call, interpreters to assist the probationer(s) in understanding and meeti 1g the terms of probation pursuant to provisions of the Americans with Disab,,lities Act. 3.2.5 Staff shall provide Face -to -Face contact, at i � minimum, at the outset of supervision and prior to final report to the Court re@arding compliance with the order of probations. Additional Face to Face contact,(; shall be conducted as may be deemed necessary or beneficial to the successful completion of probation or as required by the Court. All Face to Face contacts an I any non -Face to Face contacts shall be recorded in the probations file. 3.2.6 The CONTRACTOR shall employ professiDnal probation personnel that meet or exceed current standards required by the American Correctional Association. In exigent cimuinstances, individual enceptions will be permitted based solely on approval of the individual by the majority vote of all the sitting COUNTY COURT judges and solely within the juc.ges' discretion. The vote shall be based on experience and knowledge of the indiv:.dual and on information given to the j udges by CONTRACTOR prior to the vote. 3.2.7 The CONTRACTOR shall clear all employees prior to hiring through a criminal background records check, as required by •3tate statute. A record of the background check shall be kept in the personnel fills of each employ. 3.3 Programs & Services 3.3.1 The needs of each probationer referred to the CONTRACTOR by the sentencing Court shall be evaluated by the CONTRACTOR. The CONTRACTOR shall deteninirne if said probati,)ner requires other services in addition to those ordered by the sentencing Court and shall use its best efforts to direct the probationer to an appropriate program. Contractor will make recommendations to the Court and get Court approval for additional services. Records of referrals to such programs and progi,ess report's shall be included in the case file. 3.3.2 The CONTRACTOR shall cooperate with ali treatment agencies, schools and other programs to which offenders are referred In any case where a treatment provider, school or other program does not appear to be providing its proper function, the CONTRACTOR shall immediately notify the sentencing Court. 3.3.3 The CONTRACTOR shall provide to the Administrative Co City Judge and the COUNTY an annual report, and other statistical reports as are required by the Court or law. 3.3.4 Any new programs proposed by the CONTRACTOR to be utilized by people placed on probation in Monroe County shall be disclosed to the COURT prior to implementation and shall be subject to revk w and approval of the COURT. 3.3.5 The CONTRACTOR shall provide electronic monitoring services as ordered by the Court, with the expenses to be be me by the probationer. The description of the electronic monitoring service,, the responsibilities of the CONTRACTOR and the COURT, as well as thf; notification for alerts are described in Exhibit A. 3.3.6 The CONTRACTOR shall provide program services to Probationers when ordered by the Court. The pricing and description o;`the Programs offered are attached as Exhibit B. 3.3.7 The CONTRACTOR shall provide random d .-ug testing as ordered by the Court, with the expense born by the probationer. 3.3.8 The CONTRACTOR shall comply with all laws regarding confidentiality of Probationers records. 3.4 Probationer Records, Renortinn, Filing, and Qo urt AApearanczs 3.4.1 The CONTRACTOR shall maintain a separate file containing information on each probationer referred to the program. Records shall be maintained by the CONTRACTOR for a period of five (5) years front expiration of the probationary term. The information in the file shall include the r.aame of the probationer, case number, charge(s), probation disposition, automates 1 house arrest records, correspondence, payment records, and any known prior criminal record. Should this Agreement be terminated for any reason, a corr.plete copy of the probationer's file shall be turned over to the COUNTY or it's designee within ten (10) days of termination. 3A.2 The CONTRACTOR shall provide weekly m-ports to the Court of collections made and remittances to Court. All colli;cted fine and cost payments shall be remitted on a weekly basis to the Clerk of Court. 3.4.3 The CONTRACTOR shall report to the Court any and all violations of court ordered conditions for any probationer who is materially in violation of such i�-A �( 6 1 y conditions. The CON"CRACT011 shall make recommendations for .revocation of probation when the probationer has been arrested o:: a warrant issued for the probationer's arrest and when multiple probation violations have occurred. 3.4.4 The CONTRACTOR shall file petitions, wal (ants, orders or other pertinent documentation as ordered by the COURT related tc the probationer or related to hearings before the Court. 3.4.5 The CONTRACTOR shall staff each area with personnel who are fluent in English and trained in courtroom decorum, who have experience in providing testimony in court, who are available to testify, who have knowledge of the probationer and file about which they are called to testify. The staff member providing testimony in court shall provide both testimony and supporting documentation as may be required by the Court, ; uid, shall, upon disposition of the case by the Court, assure that all required documents are timely filed and take action as ordered by the Court. 3.4.6 The CONTRACTOR shall submit a weekly statement to the Court or its representative for the amount of Court fines, costs and restitution ordered by the Court and collected by the CONTRACTOR from the Probationers. This report shall provide to the Court collection data by area of the Florida Keys. 3.4.7 The CONTRACTOR shall tender all fines, costs and restitution ordered by the Court and collected by the CONTRACTOR. Payments shall be applied first to Restitution. 3.4.8 The CONTRACTOR shall maintain fine, restitution and/or court costs collected from the Probationers in an escrow account without the benefit or profit from said accounts. 3.5 Offices and Office Hours 3.5.1 The CONTRACTOR shall maintain at least one office in each area of the Keys (Key West and the 'Lower Keys, Middle Keys. and Upper Keys). The hours of operation of the CONTRACTOR shall be flexible; to encourage employment of the probationers. The CONTRACTOR shall notify the probationers of its hours of operation. 3.5.2 Each area shall have flexible office hours, aid shall be open regular hours from 8:00 to 5:00 week days, shall alternate pet sonnel so as to remain open during the lunch hour, shall provide additional office hours one day per week from 5:00 pni to 7:00 pm on week days and a raniniura of four consecutive hours on Saturdays as needed to ensure probationers are able to report and maintain employment. On call hours may be acceptable after regular office hours and on Saturdays so long as one regularly schedcled week day will be staffed until 7:00 pm and as long as a minimum of two Saturdays per month are staffed and/or the staff inennber on -call is able to respond to a scheduled probationers' appointment on Saturday. 3.6 Job Assistance The CONTRACTOR shall encourage unemployed probationers to improve the probationer's employability through schools and -trf [fining. The CONTRACTOR shall provide service to all probationers in securing suitable employment and shall provide to the Administrative County Judge or his 4lesignee a written document detailing its job assistance procedures. 3.7 SuMervision 3.7.1 Initial Intake and Counseling. The CONTRACTOR shall require an initial face-to-face contact with all probationers for counseling and supervision upon initiation of probation. The CONTRACTOR shal I clearly explain all of the terms of probation to the probationer in a manner :hat the probationer understands. The CONTRACTOR shall conduct a substance abuse evaluation of the probationer within fifteen (15) days of the Wit ation of the probation if ordered by the Court. The CONTRACTOR shall i,erify the probationer's actual home address by scheduling a site visit with the probationer and meeting at the probationer's home within the first thirty (30) day 3 of the probation. The CONTRACTOR shall verify the probationer's employment within the first thirty (30) days of the probation, or within 30 days of olntaining employment, unless specifically waived by the Court. 3.7.2 Supervision. The CONTRACTOR shall supervise the probationer and make every effort to ensure the probationer's attendance at the reporting and counseling sessions described in this paragraph. la addition to the initial intake and counseling session noted above, most probationers will be required to report to the CONTRACTOR'S office once per week during the first month of their probationary term. Probationers will then be required to report once per month for the remainder of their probationary term. The Court may alter the frequency of visits in individual cases. Attendance by the pr )bationer at Court -ordered comselinig sessions is also required. 3.7.3 Electronic Monitoring. The CONTRACTO R shall also be required to provide electronic monitoring of certain probation ers as directed by the Court. Costs of electronic monitoring shall be borne by the probationers and shall be in addition to the payment of supervision fees referenced in this Agreement. 3.8 Court Orders Proposed orders of probation violation, probation :modification, and early termination shall be prepared by the CONTRACT DR and shall conform to a format adopted by the COURT. 'P",V � rj c 8 3.9 Coinigunity Service Work The CONTRACTOR may refer probationers to of proved non -pro fit service organizations or County or municipal governments For completion of community service hours. The CONTRACTOR will refer pyre bationers first to any of the aforementioned entities which have a specific project which requires community service workers. The CONTRACTOR is not permitted to utilize the service of probationers to perform community service work —:o the benefit of the CONTRACTOR CONTRACTOR shall maintain as part of the probationer's record all community service hours completed an(l/or not completed by the probationer. 3.10 Violation of Probation 3.10.1 When a violation of any term of probation is alleged to have occurred, the CONTRACTOR shall advise the sentencing Court of the alleged violation($) 'by sworn affidavit within fifteen (15) days of the occurrence. 3.10.2 If the affidavit recommends revocation of probation, the affidavit must include the reasons therefore and the circumstances under which revocation is being recommended. 3.10.3 In the event that the CONTRACTOR recommends termination of probation prior to the probationer having comipleted payment of restitution, fines or Court costs, without notifying the sentencing Court that the conditions have not been completed, the COISURACTOR shall be responsible for payment of any remaining restitution, fines or costs unless waived for good cause by the sentencing Court, 3.10.4 In any case in which the sentencing Court's jurisdiction has been lost prior to all conditions of probation being satisfied; the CONTRACTOR shall transmit a copy of the case file to the judge in whose division the case has been heard. The probation officer shall transmit with the case file a cover letter on CONTRACTOR'S letterhead providing details of the efforts made by that officer to seek compliance with the terms of probation. 3.11 Employees and Subcontractors 3.11.1 No later than the execution of this AGREEMENT, the CC►NTRAACT OR shall submit to the Court Administrator, or his designee, a list of the names of all probation employees, including those of any subcontractors or independent Contractors, it any, to be used by the CONTRACTOR in providing the services under this AGREEMENT. This list shall include -he education levels and job titles of the employees, subcontractors and indepedent Contractors. This list shall be updated at least annually, upon the anniversary of the date of this p�q? Alt' AGREEMENT1'. All personnel and employees of all subcontractors and independent Contractors used by the CONTRACTOR shall be cleared rp for to using the individual through a criminal background records check, as required by State statute and paragraph 3.11.6 of this agreeme.at. 3.11.2 The CONTRACTOR shall provide at its own expense all necessary personnel to provide the services under this AGRL1,1MENT. The probation personnel shall not be employees of or have any cpntractual relationship with the County, the Court, or any law enforcement agency. 3.11.3 The CONTRACTOR shall maintain a min inium staffing level of at least one (1) probation officer per two hundred (200) probationers to erasure effective supervision of probationers. To the highest extent possible, the CONTRACTOR shall assign each probationer to a specific probation officer who shall maintain and be responsible for the case throughout the terra of the probation. 3.11.4 All of the services required herein shall be performed by the CONTRACTOR or under its supervision. To the extent that CONTRACTOR uses subcontractors or independent Contractors, tl [is AGREEMENT specifically requires that the level of independence normally exercised by such subcontractors and independent Contractors be curtailed and that they be supervised by the CONTRACTOR. 3.11.5 All personnel engaged in performing servi ;es under this AGREEMENT shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. 3.11.E All probation officers and supervisors performing service, under this AGREEMENT shall possess a Bachelor's degree from an accredited college or university or have an equivalent combination of eilucation and relevant experience. A background check, including FCIC check, verifrcadon of relevant employment and claimed education shall be condi icted for newly hired probation officers and supervisors to determine if they are oi' good character and have no felony or other conviction involving dishonesty or deceit. Pursuant to Sect. 948.15(3)(b), Florida Statutes, qualifications and criminal record checks of staff shall comply with stm-idards established by the An►erican Correctional Association. The results of the background check; shall be kept on file and available for examination by the COURT and the '.ounty. 3.11.7 Each officer, director, principle, and probcionary service employee shall provide an affidavit executed under oath, subject n the penalties for perjury established under Chapter 837, Florida Statutes, tL at the information provided for his application and/or background check is true, and accurate, that there are no material omissions therein, and that the intemlicnal false execution of the affidavit constitutes a inisdenaeanor of the second iegree. These affidavits shall Q`` �? -25(/g be maintained by the CONTRACTOR quid made E,vailable to the Court Administrator upon request. 3.12 CONTRACTOR'S Financial Records 3.12.1 The CONTRACTOR shall maintain financial records capable of being audited of all fines, restitution, and supervision fens received, expended and disbursed by the CONTRACTOR. An annual fin,,aicial report audited and certified by a licensed Certified Public Accountant shall be provided to the County Clerk and to the Court Administrator or hip designee within one hundred -twenty (120) days following the close of the CONTRACTOR'S fiscal year. The certified financial report shall be in such detail as ;o disclose the revenues, expenses, and disbursements relating to the servic: ,s provided under this AGREEMENT. Notes to the financial statementsshall disclose noncompliance with requirements of this AGREEMENT concerning conflict of interests. 3.12.2 The CONTRACTOR shall also record and maintain statistical data concerning the number and types of cases being handled, terminated and completed, number of visits, hours of community Service preformed by probationers, and such additional information as may be required by the Administrative County Judge, the Court Administ,,ator, or the County. A quarterly report shall be submitted to the Court Ae Iministrator and to the Administrative County Judge. 3.12.3 The CON 'fRACTOR shall provide to the Court Administrator and the County a copy of the CONTRACTOR'S fiscal budget each year within thirty (30) days of the beginning of its fiscal year. 3.12.4 The CONTRACTOR shall retain all retorts pertaining to this AGREEMENT for a period of five (5) years after Elie termination of this AGREEMENT. 3.12.5 The County, the COURT, the State Auditor General, and agents thereof shall have access to CONTRACTOR 7 S books, reC Ards, and documents required by this AGREEMENT for the purposes of inspecti on or audit daring normal business hours, at the CONTRACTOR'S place(s) Df business. 3.13 Public Records and Open Meeting Laws The CONTRACTOR acknowledges the requirement, in so far as it may be deemed to be acting on behalf of either the COUN TY or the Court, to comply, when applicable, with Florida public records and cpen meeting laws. 3.14 Confer with Others The CONTRACTOR shall confer with Court staff; the Judges, the State Attorney and Assistant State Attorneys on cases as appropriate. 4. PAYMENTS TO THE CONTRACTOR 4.1 The CONTRACTOR is entitled to collect fToin eaj sh probationer costs of supervision as may be ordered by the sentencing CourC and as authorized by Florida Statute. This amount is established by the COURT, as. of the date of this AGREEMENT, at $50 per month per probationer. They COURT shall review this amount at least annually and may order an increase -for new cases. 4.2 The COUNTY, the Chief Administrative Judge, the Court Administrator, or the COURT, individually and collectively, do not assumie! any liability to the CONTRACTOR for its costs of supervision or any uneDllected fees. The CONTRACTOR shall look solely to the probationers f 7r such payments, 4.3 The CONTRACTOR shall accept payments for tie: fiittition, fines, and court costs in such forms as are acceptable to the CONTRACTOR Partial payments shall be accepted and appropriate records maintained. Written :.-eceipts shall be issued to the probationers for all payments received by the CONTRACTOR. CONTRACTOR shall make all restitLdion payments to the victim promptly following receipt. CONTRACTOR shall make all payments of fines and 1' ourt costs to the Cleric of Court within five (5) working days following receipt. ] n any case in which the victim cannot be located or in which less than the full amount of the fine and costs are collected, the CONTRACTOR shall request that the sentencing Court instruct the CONTRACTOR as to proper disposition. 4.4 The sentencing Court may, in its discretion, order t hat cost of supervision fees be waived in cases involving indigent probationers and they CONTRACTOR agrees to accept such cases without the supervision fee. 4.5 A written document detailing procedures for handl ng collection of probationers' fees and restitution will be provided by the CONTRA.0 TOR to the Adj:ninistrative County Judge no later than live (5) days following the ;approval by the Board of County Commissioners of this AGREEMENT. 4.6 The COUNTY and the COURT make no representations as to the slumber, if any, of cases that may be assigned to the CONTRACTOR. 5. TERM OF AGREEMENT The term of this AGREEMENT is for Three (3) years, ciornmencing on the 1 st day of August, 2007, acid ending on the 31 st day of July, 2010. COUNTY, with the consent of the Administrative Judge, has the option of renewing 'this AGREEMENT for four (4) additional one -yeas terms. COUNTY shall provide '.ONTRACTOR at least thirty (30) days notice of its intent to renew. 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS 6.1 The CONTRACTOR hereby agrees that he has cal efully examined the courthouse facilities for each area of the Keys for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibilit; (therefor. The provisions of the AGREEMENT shall control any inconsistent provi dons contained in the specifications. All specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agree;, to their sufficiency for the work to be done. Under no circumstances, conditions, Dr situations shall this AGREEMENT be more strongly construed against the COUNTY than against the CONTRACTOR, 6.2 Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the COUNTY, and his decision shall be final and binding; upon all parties. 6.3 The CONTRACTOR agrees that the Court Administrator may designate representatives to visit the CONTRACTOR'S probation facility(ies) periodically to conduct random open file evaluations during the CONTRACTOR'S S normal business hours. 6A The CONTRACTOR has, and shall maintain throughout the term of this AGREEMENT, appropriate licenses and approvals reiq Tired to conduc-I its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the County upon request. 7. MOLD HARMLESS AND INSURANCE The CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County, the Board of County Commissioners and the C Durt of the 16"' Judicial District of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owner! by Monroe County) and any other losses, damages, and expenses (i acluding attorney's fees) which arise out of, in connection with, or by reason of s ervices provided by the CONTRACTOR or any of its Subcontractor(s), occasiaaed by the negligence, errors, or other wrongful act of omission of -the CONTRACTOR or its Subcontractors, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreeme:ni.. Prior to execution of this agreement, the CON"IR.ACTO R shall furnish the COUNTY Certificates of Insurance indicating the minimum coverege limitations as indicated by an "X" on the attached forms, each attached hereto and incorporated as part of this AGREEMENT document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe I.ounty Risk Management Department 8. INDEPENb1EN'T CONTRACTOR At all times and for all purposes under this agreement the CONTRACTOR is an independent CONTRACTOR and not an employee of Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his employees, CONTRACTORS, servants, or t,gents to be employees of Monroe Cowity. 9. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurret; this Agreement automatically terminates without any further action on the part of an,r party, effective the date of the court order. COUNTY or CONTRACTOR agree tc i comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88- 352) which prohibits discrimination on the basis of rac,, color or national origin; Title IX of the Education Amendment of 1972, as amende.1 (20 USC ss. '(681-1683, and 1685-1686), which prohibits discrimination on the Ntsis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 IA' C s. 794), which prohibits discrimination on the basis of handicaps; The Age ) liscrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits dilsisimination on the basis of age; The .Drug Abuse Office and Treatment Act of 1972 (I'l, 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the. basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title 'VIII of the Civil Rights Act of 1968 (42 USC S. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1 ! 101 Note), as may be amended from time to time, relating to nondiscrimination on tho basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 10. ASSIGNMENT/SURAGREEMENT The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written ipproval of County, which approval shall be subject to such conditions and provisi ins as COUNTY may deem necessary. This paragraph shall be incorporated by ref erence 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. 11. COMPLIANCE WITH LAW In providing all services pursuant to this agreement, tho CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaij king to, or regulating the provisions of, such services, including those now in ef) ect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this AGREEMENT immediately upon delivery of written i;otice of termination to the CONTRACTOR. The CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of t1'iis AGREEMENT. 12. DISCLOSURE AND CONFLICT OF INTEREST The 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 manner with the performance of services required by this AGREEMENT, as provided in Sect. 112.311, et. seq., Florida Statutes. Upon execution of this AGREEMENT, and thereafter as changes may require, the CONTRACTOR shall notify the and the Court Administrator of any financial interest it may have in any and all programs utilized b) those people placed on probation in Monroe County which the CONTRACT'()R sponsors, endorses, recommends, supervises, or requires for counseling, as >istZince, evaluation, or treatment. This provision shall apply whether or not st:ch program is required by statute, as a condition of probation, or is provided on a. voluntary basis. 13. ARREARS The CONTRACTOR shall not pledge the County's credit or make it a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgment, lien, or any form of indebtedness. The CONTRACTOR further werrants and represents that it has no obligation or indebtedness that would impair its- ability to fulfill the terms of this AGREEMENT. 14. 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 COUNTY Monroe COURT Administrator 500 Whitehead Street Key 'West, FL 33040 1026 FOR CONTRACTOR: Court Options, Inc. Attn: Eddy Lacasa 17984 Franjo Rd. Palmetto bay, Fl. 33156 Telephone No.(305) 378-8122 15. TAXES and County Attorney PO Box 1026 Key West, Fl. 33041- The County's exempt from payment of Florida State Si* Gles and Use taxes. The CONTRACTOR shall not be exempted by virtue of tht; County's exemption from paying sales tax to its suppliers for materials used to :Fit lfill its obligations under this AGREEMENT, nor is the CONTRACTOR authorized to use the Courity's Tax Exemption Number in securing such materials. The CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 16. TERMINATION 16.1 The COUNTY may terminate this AGREEMElV'r for cause in the event that CONTRACTOR materially breaches any of the terms and provisions of this Agreement and such breach continues for a period of Teri (10) days after written notice thereof from COUNTY to CONTRACTOR, orvi the case of a breach which cannot with due diligence be cured within such period a if ten (10) days where CONTRACTOR fails to proceed with all due diligence within such period of ten (10) days to conunence to cure the same and thereafter to ptirsue the curing of such breach with all true diligence, cause shall constitute a breach of the obligations of the CONTRACTOR to perform the services enumerated as the CONTRACTOR'S obligations under this AGREEMENT. 16.2 Either of the parties hereto may terminate this AGREEMENT without cause by giving the other party one hundred and eighty (180) da) s written notice. of its intention to do so. 17. GOVERNING LAW, VENUE, INTERPRETAT110N L.COSTS,AND FEES This Agreement shall be governed by and construed in acco rdance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUN TY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 18. MEDIATION The COUNTY and CONTRACTOR agree that, in the eveiit of conflicting; interpretations of the terms or a term of this Agreement by or between any r of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conduct:e(.l pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Proc-dare and usual and customary procedures required by the Circuit Court of Monroe County. Mediation prior to institution of litigation of administrative proceeding shall rot exclude a court ordered mediation following institution of litigation if ordered by a judge or magistrate. 19, SEVERABILITY If any term, covenant, condition or provision of this Agree:nent (or the application thereof to any circumstance or person) shall be declared in�ialid or unenforceable to any extent by a court of competent jurisdiction, the remaining t-.rms, covenants, conditions and provisions of this Agreement, shall not be affected thei eby; and each remaining term, covenant, condition and provision of this Agreement shall ')e valid and shall be enforceable to the fullest extent permitted by law unless thi; enforcement of the remaining terms, covenants, conditions and provisions of this Agreerr.ent would prevent the accomplishment of the original intent of this Agreement. T ae COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken prevision with a valid provision that comes as close as possible to the intent of the stricken provision. 20, ATTORNE4 Y'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any p; Lrty relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's :Gees. Each party agrees to pay its owx. court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 22. ADJ°UDICATION OF DISPUTES OR DISACREIIE14ENTS COUNTY and CONTRACTOR. agree that all disputes and lisagreement's :shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be ag geed upon within 30 days after the first meet and confer session, the issue or issues sh fll be discussed, at a public meeting of -the Board of County Commissioners, If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any pasty shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 23. COOPERATION In the event any administrative or legal proceeding is insiti!Wed against either party relating to the formation, execution, performance, or breac h of this Agreement, COUNTY and CONTRACTOR agree to participate, to th(! extent required by the other party, in all proceedings, hearings, processes, meetings, im d other activities related to the substance of this Agreement or provision of the services ti ider 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. 24. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 25. AUTHORITY 'Each party represents acid warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 26. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state fiends to further the ptuipc se of this Agreesment; provided that all applications, requests, grant proposals, anj l funding solicitations shall be approved by each party prior to submission. 27. PRIVILEGES S AND .IMMUNITIES All of the privileges and immunities from liability, exempti ins from laws, ordinances, and rules and pensions andrelief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employee: of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY sha it apply to -the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 28. 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 (1aim or entitlement to or benefit of any service or program contemplated hereunder, end the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, f officer, or employee of either 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 l apart, inferior to, or superior to the community in general or for the purposes contemphaed in this Agreement. 29. AT T SSTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, aai Ethics Statement, a Drug -Free Workplace Statement, Non -Collusion Affidavit, Lobbying and Conflict of Interest Clause, and an Indemnification Statement. 30. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Alonroe County in his or her individual capacity, and no member, officer, agent or employee 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 Agreemei it. 31. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one mad -the same instrument and any of COUNTY and CONTRACTOR her eto may execute this Agreement by singing any such cotuiteipart. 32. SECTION HEADINGS Section headings have been inserted in this Agreement as i t matter of convenience of reference only, and it is agreed that such section headings are not a part of' this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS 'WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each. of which shall, without proof or accounting for the other counterparts, 'be deemed an original AGREEMENT. (SEAL) BOAT, D OF COUNTY CM41SSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MON'ROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEY APPROVED AS TO FORM: � S% OJ 09-5S,/ NATILEENE W. CASSEL ASSISTANT COUNTY TTORNEY Date— 2�- �� — �_ CON' R.ACTOR: CQU_}LT OPTIONS, By: E Iuardo R: Lacasa Its: )R esident EXHIBIT "A" 3.3.5 The Contractor shall provide electronic monitoring services as orc ered by the Court, with the expenses to be borne by the probationer. The descriptio►i of the electronic monitoring services, the responsibilities of the Contractor and the Court, as well as the notification for alerts are described in Exhibit A. I. See Attu chments for Alcohol Monitoring 2, GPS Monitoring Contractor will work with Secure Alert which provides state of tile art GPS monitoring products and services using two or three way voice communications and wireless location technology and real time, 24/7 monitoring. The GPS devices are nearly indestructible, tamper proof and water ref4stant. The device has a built in processing unit (CPU) that is able to alert the Ronitoring Center of any efforts to tamper with it. The ankle strap requires destruction o rthe strap for removal. Key features include: - Active Tracking GPRS/GSM Enabled Set Restrictions (inclusion/exclusion areas) 24/7 Remote Access for law enforcement Tamper Resistant "1'wo-Way Voice Communication Data Store Forward Rechargeable/Replaceable Batteries EXHIBIT "0" 3.3.6 The Contractor shall provide program services to Probationers when ordered by the. Court. The pricing and description of the Programs offered are attached as Exhibit B. Diversion Fee: $60.00 Monthly Courses: $75.00(AII Classes) Scram; Sliding Scale Record Seal Workshop; $40.00 "6;4 ii - I COURT OP:TXO,NS Adult Sex Education 4 total hours One session: Designed for individuals who have been arrested for sex related offenses., Risk taking behavior is discussed along with impulse control issues. The individual is challenged to explore the behaviors and underlying issues That led to the arrest, A trained therapist facilitates this class. Recommendations for treatment are available when appropriate. Anger Management 8 total hours Four sessions: Designed for clients who display anger related behavior during the arrest or who are arrested for a crime where anger issues were evident. Clients are educated on strategies to help prevent future anger management problems. This course focuses on teaching the following: Interpersonal skill building, cognitive behavioral strategies, conflict resolution and impulse co ntrol. Changing Faulty Thinking 12 total hours Three Sessions: This course is more comprehensive than the values course described eibe ve. The course is designed for clients who have been charged with felony and misdemeanor offenses. The course is appropriate for defendants: Nho have more than one previous arrest. The course will focus on identifying criminal thinking patterns coupled with providing strategies on how to prevent future criminal behavior. Driving While License Suspended 4 total hours One session: Designed to provide education to the participant on public safety Issues coup. ad with skills that will help the individual obtain a valid drivers license. The goal of this class is to reduce recidivism by providing the participant the specific consequences of their choices along with skills to help prevent future arrest. Drug and Alcohol Education 8 total hours Two sessions: Designed for clients who have been arrested for drug and alcohol related cffenses. Facilitators educate clients in the direction of self -evaluation. Facilitators educate clients on the criteria for dependence and abuse accori ling to DSM-IV guidelines. Additionally, recommenda- tions are provided for clients who appear to display signs that indicate a risk for present or fu lure drug or alcohol related problems. Effective Parenting 8 total hours Four sessions: Designed to focus on skill building techniques to help improve parenting skills. Clients explore beliefs and attitudes that influence their current parenting practices. Florida Fish and Wildlife 4 total hours One session: This course is designed for individuals charged with; boating, fishing and wildlife offenses. Florida law is discussed along with be- haviors and beliefs that have led to violating Florida law. Shoplifting 4 total hours Two Sessions: Designed for clients who have been charged with retail theft. Clients exploih the beliefs and attitudes that support the behaviors that led to the arrest. Clients are challenged to accept responsibility for their behavior and a'e educated on strategies to help prevent future crimi- nal behavior. Understanding HN and Aids 2 total hours One session: Facilitated by a certified HIV instructor. Prevention of sexually transmitted disc lases is discussed, as well as behaviors and attitudes that lead to risk taking behavior, Values and Personal Responsibility 4 total hours Two Sessions: Designed to encourage clients to evaluate their belief system. Clients are chi illenged to explore the values that support the behav- iors that led to the arrest, Clients are provided with strategies to help prevent future criminal tehavior. Weapons 4 total hours One session: Designed for individuals charged with a weapon related offense. Florida law Is discussed along with safety concerns. The individual is challenged to explore the behaviors that led to the arrest. 12490 N. E. 7ih Avenue, Salta 220 17984 S. W. 971h Avenue .200 Southwest 27th Avenue North Miami, Florida 33161 Miami, Florida 33157 Fort Lauderdale, Florida 33312 Ph. (305) 891-5330 Ph. (305) 378-8122 Ph. (954) 507.8881 a. (305) 091-5388 Fx. (305) 378.8123 t x. (954) 687.8801 COURT OPTXON%S We a I I have a past... Don't lee: yours stop you Court Options offers a Record Sealing and Expunction Workshop which can help put closure to a past arrest. The arrest will be removed from public record. During the one hour Workshop: . An attorney will facilitate . All required forms provided • Notary Public on site . Finger Print Techniclain on site . Review Give yourself peace of mind knowing your arrest is no longer available on public record Classes available in English and Spanish during convenient evening hours. Call: today to register for our next workshop. Dacle: 305-891-5330 305-378-8122 B rowa rd: 954-587-8881 $925.00 Workshop Fee 0,�,Lest- f�> - 3 COURT 0-plfNS DWLS PrograM Driving While Lkense Suspended Program Our goal is to develop a comprehensive program to assist our community ob- tain a legal drivers license. The program would assist the Broward County State Attorneys office by providing support and education to the participants. D`VV'LS Educational Classes 4 total hours One Session: Designed to provide education to the pi rticipant on public safety issues coupled with skills that will help the Individual obtain a ,valid drivers license. The goal of this class is to reduce recidivism by providing the parlio1pant the specific consequences of their choices along with the skills to help prevent ful!ure arrest. Topics covered in class: • Values clarification • Problem solving skills • Decision making skills • Negative consequences to our comrruUnity • General drug education information rE!lated to driving Negative consequences of drivingwith a suspended license • Negative financial consequences to individual & community 12490 N. E. 71h Avenue, Suite 220 �� 17904 S. W. 871h Avenue 200 Southwest 271h Avenue North Miami, Florlda 33161 M18m1, Florida 33157 FortLauderdale, Plorlda 33312 Ph. (305) 091.5330 Ph. (305) 378-8122 Ph. (954) 587-8881 Fx, (305) 891.5388 Fx. (305) 378,8123 Fx. (954) 587.8857 �., ,r• COURT OPTIONS Court_ Options Continuous Alcohol Monitoring Frogram (CAMP) Will provide Continuous Alcohol Monitoring protocol into programs that in- clude education, sanctions, treatment, and punishment. The addition of Continuous Alco- hol Monitoring and the true ability to monitor and enforce 24-hour a day sobriety and safety is setting a new standard for the way agencies and courts supervise and treat DUI, domestic violence, and other alcohol -triggered ofifelnders. With automated, passive testing from 24 to 48 times per day and daily reporting �Df tests results delivered right to your desktop, court can now efficiently and cost effectively: • Assess offenders for their alcohol problem • Detect alcohol around the clock while they're under court supervision • Deter defendants from drinking and relapsing while they're on the road to recovery. • Assist treatment counselors with an accurate report of alcohol consumption, rather than relying on self -reports. The CAMP Program will: • Provide Public Safety for our Community • Reduce the number of arrests • Reduce the number of individuals driving while under the influence • Safe tax dollars for the local community by providing alternative sentencing options for the court instead of incarceration • Assist the defendant and the family during recovery :�y allowing the individual to re- main employed in the community • Reduce incidents of domestic violence by keeping tho defendant abstinent while in treatment and under court supervision Fees • One time initial installation fee $75.00 Sliding fee scale Ave rage daily cost of $12.00 per day Pay rnent plans available 12490 N. E. 71h Avon^ Suite 220 17964 S. W. 971h Avenue 200 Southwest 27th Avenue North Miami, Florida 33161 Miami, Florida $3157 Fort Lauderdale, Florida 33312 Ph. (305) 891.5330 Ph. (305) 378.0122 Ph. (954) 587--8681 Fr. (305) 091.5386 Fx. (305) 378-8123 Fr. (954) 587-8887 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 7/18/2007 - KW Bulk Item: Yes No xx Division: County Attorney Staff Contact Person: Bob ShillinRcr x3470 AGENDA ITEM WORDING: Approval to schedule an Attorney -Client Closed Session of the Board of County Commissioners in the matter of Carlton Howard vs. Countv ofMonroe, 06-CV-10113 at the August 15, 2007 BOCC meeting or some other date, time and location to be determined by the Board. ITEM BACKGROUND: A County employee who was denied a promotion has sued the County alleging a violation of the Americans with Disabilities Act. Trial is scheduled for October 1, 2007. Per F.S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. It is estimated that this closed session will last no more than 30 minutes. Present at the meeting will be the Commissioners, the County Administrator, the County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger and Michael T. Burke, Esq. of Johnson, Anselmo, Murdoch, Burke, Piper &McDuff, P.A., the County's counsel in this litigation, and a certified court reporter. If the closed session is scheduled for the August 15 BOCC meeting, reasonable public notice of the closed session will be done through publication of the Board's agenda, i.e., no separate advertisements will be placed. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: &$200 BUDGETED: Yes xx No COST TO COUNTY: &$200 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required X DISPOSITION: AGENDA ITEM # Revised 2/05