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Q. County AttorneyMeeting Date: 12/19/07 -Marathon Bulk Item: Yes X No Division County Attorney's Office Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval to amend contract with Jerry Coleman, Esq., revising Exhibit A Scope of Services to clarify the extent of services. ITEM BACKGROUND: The BOCC originally contracted with Mr. Coleman on August 17, 2005, for the provision of legal services related to affordable housing. A new contract was entered July 18, 2007, retroactive to the previously terminated date of the prior contract, adding land use matters to the scope of services. Due to extreme budgetary constraints, it is no longer feasible to allow Task Force members to contact Mr. Coleman and the County to be billed for same when the Task Force members can go to the Affordable Housing Liaison or the Division Director to answer many of their questions. Other advisory boards operate vis-a-vis their legal counsel by addressing them at scheduled meetings or by individual board members seeking responses first from administrative staff and only resorting to the assigned attorney when staff directs then to the attorney. Further, the BOCC had indicated a desire to trim down the outside counsel services and have matters handled in-house. PREVIOUS RELEVANT BOCC ACTION: Approval of contract. CONTRACT/AGREEMENT CHANGES: 1) Mr. Coleman will continue to draft ordinances requested by the Task Force, but after presentation to the Task Force, in-house counsel will continue to vet the ordinance through the enactment process. Only if one of the authorized persons requests Mr. Coleman to attend an advertised meeting to respond to questions or to make a presentation, will he continue to be involved in the vetting process. 2) Billing for conversations with Task Force members will be curtailed to meetings and to conversations for which authorized persons direct the Task Force member to Mr. Coleman. STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: VENUE PRODUCING-: Yes — No _AMOUNT PER MONTH Year PROVED BY: County Atty A OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM Revised 2/05 B TWEEI T JERRY COLEAkNI, Palm AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO AGREEMENT is made and entered into this 21ST day of December, 2007, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and JERRY COLEMAN, P.L. (hereinafter "ATTORNEYY"). WHEREAS, the parties entered into a contract on July 18, 2007, for legal services related to affordable housing and land use; and WHEREAS, no budget was provided to the Growth Management Division for Mr. Coleman's services; and WHEREAS, administrative difficulties in allocating the costs to the appropriate cost centers have arisen due to the extension of Mr. Coleman's consulting into the area of land use; and WHEREAS, County practice for advisory boards in general is that the attorney is contacted by County staff only if they are unable to answer questions of individual board members, and the attorney's time is dedicated to the meetings, preparation therefor, and responding to County stag and WHEREAS, the County Commission directed a decrease in outside counsel fees yet individual members of the Task Force and the Planning Commission contact the Attorney frequently outside of the meetings; and WHEREAS, such practice creates a conflict between the attorney being expected to respond and the B®CC's direction to lower costs; and WHEREAS, the County Attorney's office and the Growth Management Division have had staffing issues which have previously required Attorney to shepherd Task Force initiated ordinances through the ordinance vetting process, but the staffing issues are stabilizing; and WHEREAS, the parties find it in their mutual best interests to clarify Attorney's responsibilities under the Agreement dated July 18, 2007; now therefore 1N CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: I. Exhibit A, Section 1, of the July :18, 2007 agreement is hereby amended by adding the following two sentences to the first paragraph: "Amer rendering a draft ordinance acceptable to the Task Force. Attorney shall advise the Board of Coun Commissioners at any advertised public hearing for which Attorney's consultation is requested by one of the authorizing persons designated in Section 2. Para rQh D of this Exhibit. Attorney shall not participate in the vetting process between the Task Force and the BCCC heaein s unless specifically requested to do so by Director of Growth Mara ement or the Director of =louse and Community Development."" JC .Amendment 12-19-07 1 2. Exhibit A., Section. 2.A, of the July 18, 2007 agreement is hereby amended by amending the paragraph to read as follows: "SA. Task Force: ATTORNEY shall advise the Task Force at their scheduled meetings. Dis- cussions with Task Force Members outside of the advisory board meetings shall only be billable if the County Attorney or staff attorney, Division Director or Affordable Housing Coordinator of the Housing and Community -Development Division has requested that the Attorney respond__directly to the Task Force member and a description of the conversation is provided with the billing and it pertains to the work of the Task Force. Task Force members should be directing their commun- ications to County staff at times other than during meetings." 3. Exhibit A, Section 2.C, of the July 18, 2007 agreement is hereby amended by amending the paragraph to read as follows: "C. County Staid Attorney shall consult with and advise the County staff at scheduled meetings, and in preparation therefore. 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. Discussions with Growth Management staff outside of Task Force or County Commission roceedin s shall only be billable if the Division Director has.previously approved the communication a descri tion of the conversation is movided with the billing and it pertains to the matters approved under this agreement." 4. Exhibit A, Section 2.1) of the July 18, 2007 agreement is hereby amended to read: "D. Other People: 0 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) as reflected in the meeting minutes 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 Mousing and Community Development fi-aisen staff, 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. iiII 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 limeys, but such advice is not billable to the County and any. consultation shall be billable to COUNTY only if one or more persons designated in section 2.D. i above leas a roved the consultation in con'unction with Count activities. 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 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 JC Amendment 12-19-07 2 ihu- COUNTY, vi th 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. iii 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 CARIEEEAN or entities substantially identified with Timothy Koenig) (batter - Overseas Trailer Park Purchase and Lease) CARLISLE GROUP (and "SEA GRAPE" affiliates or entities substantially identified with Floyd Eoggio) (batter -Falcon Pass/Sea Grape Marathon Purchase and Lease) PARK VILLAGE LLC and ISLANDER VILLAGE LLC (or entities substantially identified with Edwin Swift)(iMatter — Park Village and Islander Village Purchase and Lease) I'fA FOR HUMANITY OF KEY WEST & LOWER KEYS, INC. (batter — current Big Coppitt parcel redevelopment) TRADEWINDS II LLC (or entities substantially identified with Peter Rososco)(Matter — Tradewinds II Purchase and Lease) ROM's TRAILED. PARK (o; (or entities substantially identified with Michael Ero9vning)(latter — R.cy's Trailer Park Purchase and Lease) JC Amendment 12-19-07 3 fiv Any other contact or meeting with Cou-t ty officials and developers or property owners wherein ATTORNEY did not engage in any significant follow-on work for the COUNTY or such other parties in any matter discussed shall not he 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. S. The remaining provisions of the agreement dated July 18, 2007, not inconsistent herewith, remain in hall force and effect. IN WITNESS WHERE OFi, the parties have set their bands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor/Chairman JERRY COLEMAN, P.L. By: 3C Amendment 12-19-07 4 Meeting Date: December 19, 2007 Bulk Item: Yes x No Division: Cggnty Attorne Department: County_ Attorney Staff Contact Person: Bob Shillinger, ext. 3470 AGENDA ITEM WORDING: Approval of a September 2007 invoice in the amount of $6,223.75 from Marr & Associates for services regarding Galleon v. Monroe County, Case No. 2004-CA- 02-595-K. ITEM BACKGROUND: Trent Marr of Marr & Associates was our expert appraiser in the Galleon Bay case. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approved TOTAL COST: $6,223.75 BUDGETED: Yes No COST TO COUNTY: $6,223.75 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 # Revised 2/05 61 Appraisal Company, Inc. Trent Mair, MAI, SRPA State Certified General Appraiser 000514 INVOICE FOR APPRAISAL SERVICES Appraiser TM File Number: C1875 Property Galleon Bay, update ----------------------------- 13 vacant sites Phone (850) 894-04461 Fax (850) 893-0448 5307 Pimlico Drive, Tallahassee, FL 32309 trentmarrgearthlink. net Date 9-4-07 PropertyType: --------------------------------.-____--------------__----------_-__- Gallen Bay Corp. Owner:------__--....--------------------------------------------------------- Monroe County Attorneys Office Client/Address: -------------------------------------------------------------------- 502 Whitehead Street --------------------------------------------------------------------- Key West, FL 33040 -------------------------------------------------------------_------- Services $5,500 - update appraisal based on new scenarios and non-H20 sales $543.75 - review trial transcript and complete affidavit (3 hours @ $181,75 per hour) $ 180 - research developed sites in Galleon Bay (43 sites) and overnight to Derek Howard (2 hours @ $901hour) Total Due $6,223.75 Payment is due upon receipt. Meeting Date: December 19, 2007 Bulk Item.: Yes x No Division: County Attorney Department: County Attorney Staff Contact Person: Bob Shillinger, ext. 3470 AGENDA ITEM WORDING: Approval of an August 2007 in -voice in the amount of $2,100.00 from Joseph A. Masuilo, Architect, for services regarding Monroe County v. Lodge Construction. TOTAL COST: $2,100.00 COST TO COUNTY: $2,100.00 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 Kffiflw'=T�i`�� Revised 2/05 JOSEPH A. MASULLO, ARCHITECT 7380 NW 2 1' STREET MARGATE, FLORIDA 33063 TELEPHONE: 954-505-6549 FLORIDA REGISTRATION NO. AROO 10728 August 18, 2007 Ms. Janet Riicnbaugh Ferencik, Lib off, Brandt, Bustaniante, and Williams Attorneys at Law 150 S. Pine Island Road, Suite 400 Ft. Lauderdale, FL 33324 Re: Legal Consulting Monroe County, Florida v Lodge Construction Restoration and Adaptive Use of the Gato Cigar Factory 1100 Simonton Street Key West, Florida 33040 ARCHITECT SERVICES: July and August/2007 July 1 lthrough August 15, 2007 Pretrial investigation, review and analysis of the following documents: ® Deposition of Joseph A. Masullo of 11/05/03 Deposition of Ernest Holmes of 10/30/03 .0 Meeting Minutes-10/01199 through:02/22/00 Lodge Construction Daily Project Reports 10/11/99 through 02/14/00 ® Lodge Construction. RFI No.1 through No.25 ® Construction Schedule dated 10/11/99 ® Bender & Associates IB No.1, IB No.4, IB No.5 and IB No.6 * Spec Section 00500 Form of Agreement Between Owner and Contractor Construction Photographs Principal Architect: J. Masullo 12.0 hours @ $175.00 per hour $ 2,100.00 MEMBER OF THE AMERICAN €NSTITUTE OF ARCHITECTS =orm Request for TaxpaYelf Give form to the ,Rev. November2005) Identification NumbeF and Certification requester. Donot send to the IFS. ]apartment of the Treasury ntemat Revenue Service �y Name (as shown Qn your Income tax return) cc Business name, if different from above 4 �. p 10 �v'�� n�dividual/ Check box: ff Sole dual/propetor ❑ Corporation ❑ Partnership ❑ Other IP- __________________ Exempt from backup ❑ withholding appropriate Address (number, strs t, and apt, or suite no _7� Requester's name and address (optional} 6� IP code ©� City, state. and ZrL ` ID (0 List account numbers) here (optional) m Taxpayer Identification Number Tlhl Enter your TIN in the appropriate box. The TIN provided must match the name given on lane 1 to avoid social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident Jj •- alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (M). If you do not have a number, see How to get a TIN on page 3, or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. l am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign I Signature of � �i/1 /�J Date Here U.S. person Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's fond if it is substantially similar to this Form W-9. * An individual who is a citizen or resident of the United States, e A partnership, corporation, company; or association created or organized in the United States or under the laws of the United States, or o Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business In the United States is in the following cases: For federal tax purposes, you are considered a person if you e The U.S. owner of a disregarded entity and not the entity, are: Cat. No. 10231X Form w9 (Rev. 11-2005) CHANGE: POSTED B DATE: BOARD OF COUNTY COMMISSIONERS VENDOR FME REQUESTFORM Vendor Name:.._._ _.. -. c Y 0-..5 U 1 /U Search Name / Abbrev.: Street Address: P.O. Box: City I State: Zip Code: 62s"el9 ACCOUNTS PAYABLE ADDRESS (if different from above) Street P.O. Box: City / State: Zip Code: Phone: Contact Name: Contact Phone: Tax Id Number: Fax Number: 1099 Code: Requester: �1�� Date: jz, Purchasing Approval: Date: 1099 CODES M Medical / Health Care Payments N Non -Employee Compensation O Other Income R Rentals Fax this form to 305-295-3660. Finance will process with a maximum turn around of 24 hours. This form MUST BE ACCOMPANIED WITH 9 if it is a new vendor setup. G3 ID Local Name Logo Report Date/Time:O9/l3/2OO7;O3:36PM Page: 1 {Last Page) Document haS been Sent. Document S i ze a. 5X1 9 "SEF a� Request for Taxpayer agwmrmuw . Ident{fleatlort Number and Cortlfication =ndtO tM io0 ris d r qa rwrxcm.tmrrsna s • � ,md� is �r:,a��,A�a mho ❑ ��t� ❑ ................. II 21eF1-54 C-+ rrr,.rn.md urgae. FL- --33a63 vle Osman no'dMr[�W#-mod r Itlan7s0wticn Umber MM T�raryvelkihW90aTptAtn hav t3ta 7lH Ftavidsd mt6l rlsxidl IDtr nmM Pl.+n a+IlnalmowW retlr..cwn,wnm3 O(o �" a dew �u "anitr �nLmenwc+�aPow.roan�i�nts or lma atnPlofrrjdc'itIIW dm r�mSv�fj. HYaa av rmt neva a twat[ uuase Nox la D=t a Tat m Pmyv �. [Fate xthaotswd lsln— thm•ve nuno,aw ea awt on Pa�eawgue.ana. onwram amakr.rUaam�Jm mvAw nwnmv m anwa. 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Remote Station Start Time Duration Pages Mode Contents 1 5955 3052953660 9-13; 3:34PM 52S 2/ 2 ECM Cr Status Note: RE: Resend MB: Send to Mailbox BC: Broadcast MP: Multi Polling Rv: Remote Service PG: Polling Re: Relay Broadcast RS: Relay Send BF: Box Fax Forward Cl" Completed SA: Send Again EN: Engaged AS: Auto Send TM: Terminated BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: County Attorney Bulk Item: Yes x No Department: County Attorney Staff Contact Person: Bob Shillinger, ext. 3470 AGENDA ITEM WORDING: Approval of a September 2007 invoice in the amount of $5,533.63 from FTI Brower, Kriz & Stynchcomb Construction Solutions for services regarding Monroe County v. Lodge Construction. ITEM BACKGROUND: FTI Brower, Kriz & Stynchco b was one of our experts in the Lodge Construction case. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approved TOTAL COST: $5,533.63 COST TO COUNTY: $5,533.63 Eli L'�E�Iai�3�>1�7:��►C� VENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management _ Included x Not Required Revised 2/05 -4E�G,FIVF1 o -)PT I ,'i 2007 r'A()NF,0E COUNTY ATTORNEY Mr. Robert Shillinger, Esq. Monroe County Attorney's Office P.O. Box 1026 Key West, FL 33041 Re: Monroe County Florida v Lodge Construction Construction Solutions 1375 Piccard Drive Suite 150 Rockville, MD 20850 301.977.8000 telephone 301,977.8072fax www.fticonstructionsolutions.com Invoice Date: September 14, 2007 FTIIBKS No: 412362,0003 Invoice No: 7139439 For Professional Services Rendered the Month of August 2007 Hours Amount B, Brower (aD $325/hr 13.00 4,225.00 Read deposition and review exhibits; travel to counsel meet on project and trial testimony; discussion with staff on dates of chart, review deposition of Dunn; shared travel back to DC, read depo's and review schedules en route, review box of documents for inclusion in exhibit list for testimony; review 10-11-99 and 2-2-00 schedules and correspondence, review of deposition transcript; review documents for list of required for trial, review schedules again. Senior Consultant @ $2251hr 1.50 337.50 Research dates indicated on Barry's summary chart - edit chart. Review with graphics personnel, emails to and from Ira Libanoff. Graphics Technician @ $1251hr 4.00 500.00 Prepare "Timeline Summary" B. Brower - Travel Expenses (shared) Airfare Auto Reimbursement Taxi Fares TOTAL AMOUNT DUE THIS INVOICE: FTi Consulting, Inc. P.O. Box 630391 Baltimore, fi113 21263-0391 (800) 334-5701 Construction Solutions now €> t 1375 Piccard Drive 3177Suite 150 Rockville, MD 20850 301.977.8000 telephone 301.977.8072fax www,fticonstructio nsolutions.com Invoice Remittance Janet Ritenbaugh, Esq. Ferencik Libanoff Brandt Bustamante & Williams 50 South Pine Island Road Suite 400 Fort Lauderdale, FL 33324 Re: Monroe County Florida v Lodge Construction Current Invoice Period: Charges Posted through August 31, 2007 Professional ServiceS....................................................................................... ExpenseS............................................................ .................................. September 14, 2007 FTI Invoice No. 7139439 FTI Job No. 412362.0003 Terms NET 30 FEDERAL I.D. NO. 52-1261113 of America, NA vibe, MD 20852 unf #. 002001801422 9.052001633 FTI Consulting , Inc. P.O. Box 630391 Baltimore, AID 21263-0391 (800) 334-5701 Requestv Taxpayer° Give form to the Foam (Rov. NovemL: , 200j Identification um r and Ceftification requester. Do IM [-DpartnwrtYifrsB Treasure so nd to the IRS. Intur€al Pwcnue w,tce Blame fae ehcvn on ,cur Mani, t€sa•, return) M Consulting, Inc. Ca. PdrTAn ae name, if dii Kamm fix-a-n nL-w;, C u, _ ❑ In=Jrvi luai ® C:ctpor�ticsl ❑ Pr€rtnerehir� ❑ C717ar ----------------- ® Ewnpt from i whLlp, t hecP: appropria€e bo'u sole rxopflotor uafthtt�ldt�g 0 5 -� Addreee (number. stre3t, and rapt. or write no.j nerluesteee name and addr-as (eptionaB jE 909 Commerce Road city. etete, srnd ZIP cede E Annapolis, MID 21401 List ac-nunt number(a) hare (bpficnafr Thxpwer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given can Line 1 to woid social Gecurity number backup withholding. For individuals, this is your social sGCurity number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the part I instructions on page 3. For other entitiew, it is your employer identification number (EIN). If you do not have a number, see Po,,v to get a TiN on page 3. or Moto. If the account is in more than one name, seethe chart on page 4 for guidelines on whose �p—l;yer idontificaticn number number to enter. 2� I 1 1 6 1 t 1 '1 1 1_ 3_ Under rAnaltlos of poijury. I certify that: 1. The number shcmin on this form is my correct to-Apayer rdentificrrtion number (or I am wMing for a number to b-; issued to me), and 2. 1 am rant subject to backup withhv:Mng because: (a) I am exempt from backup eA/fthholding, or (b) I have not been notiffad by the Intemal Revenue Ssrvic* (IRS) that I am subject to backup withholding as a result of a failure to report a]I interest or dividend:, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding becauea you have failed to report all interest acid dividends on your to return. For real estate transactions, kern 2 does not apple. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, oontributions to an indtvldual retirement arrangement (IRA), and generally, payments oVer than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (Sae the inotructions on page 4.) Siam Signature of �.. :. Here I U.S. percon ID� { Purpose of Purrs A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt. or contributions you male to an IRA.. U.S. person. Use Form W-fir only If you are a U.S, person (including a resident alien). to preside your correct TIN to the person requesting it (the requester) and. when applicable, to. 1. Certify that the TIN You are giving is correct for you are waiting for a number to be issued), 2. Certify that you are not SLibj&rt to backup withholding, or 8. Claim eyernption from backup �%ithholding if YOU are a U.S. exempt payee. In 3 alive, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business Is not subject to the withholding tax oil foreign partner_,` shame of effectively connected income. Note. If a requester gives YOU a form other than Form W-g to request your TIN, you must use the requester's form If it is substantially similar to this Form W-9. }ate i* 9/ 4/2007 o An individual who Is a citizen or resident of the United States, o A partnership, corporation. company, or association created or organized in the United States or under the haws of the United States, or o Any estate (other than a foreign Mate;€ or trust. See Regulations sections 301.7741-6(Ek1 and 7(a) for additional information. Special rags for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax rill any foreign partners` share of income from such business. Further. in certain cases 1Ahere a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner In a partnership conducting a trade or business in the United States. provide Form W g to the partnership to establisil your U.S. status and avoid Wthholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status aid avoiding Wthhcldpng on its altocable share of net income from the partnership conducting a trade or business In the United States is in the followino ceases: For federal t&X purpMe% yaDU are considered a person if ;you o The U.S. owner of a disregarded entifif and not the entity F-ase. W-9 Ii rev. 11-2a:KIr AirFare $812.57 THE TRAVEL PLACE BROWER/BARRY*cARLo2-cK-z6 Wi1111L1!_VIE P QQM_ CODE: J3CC0E BARRY BROWER BROWER KRIZ AND STYNCHCOMB LLC 1375 PICCARD DRIVE SUITE 150 ROCKVILLE MD 20B50 * PLEASE REVIEW ITINERARY FOR COMPLETE ACCURACY" TRAVEL ON IS NOT LIABLE FOR ANY ERRORS NOT BROUGHT " TO OUR ATTENTION IMMEDIATELY UPON RECEIPT" "* ANY ADDITIONAL CHARGES ARE THE RESPONSIBILITY OF THE TRAVELER DATE: AUG 03 2007 ACCOUNT: DZLCK INVOICE: ITIN 07 AUG 07 - TUESDAY US AIRWAYS 1217 FIRST CLASS EQUIP -AIRBUS A319 JET LV: WASH/REAGAN 304P NONSTOP MILES- 857 CONFIRMED AR: WEST PALM BCH 524P ELAPSED TIME- 2:20 FREQUENT FLYER ID- US 1275408 SEAT- 2F AIRLINE CONF: US-EJ7S02 HERTZ 1 FULL SIZE214 DR CONFIRMED PICKUP -WEST PALM BCH PALM BEACH INTL AIRPORT DROP-10AUG CONFIRMATION-D72900892E0 GOLD RATE -GUARANTEED 48.63 DAILY MILEAGE-UNUMI RATE CODE-TMDD 10 AUG 07 - FRIDAY US AIRWAYS 1908 FIRST CLASS EQUIP-BOEING 737 JET LV: WEST PALM BCH 700A NONSTOP MILES- 857 AR: WASH/REAGAN 916A ELAPSED TIME-2:16 FREQUENT FLYER ID- US 1275408 SEAT- 2F AIRLINE CONF: US-EJ7S02 *'TRAVEL HELPLINE TOLL FREE 800-366-2100 CODE 4JH** THIS IS A NON REFUNDABLE TICKET CREDIT CARD PAYMENT:AX.... XXXXXXXXX1005 SERVICE FEE:5055881815 CONFIRMED TICKET NUMBER/S: BROWERIBARRY 7144700358 CARD 1217.30 AX XXXXXXXXXXX1005 AIR TRANSPORTATION 1114.42 TAX 102.88 TTL 1217.30 PROCESSING FEE 33.0 SUB TOTAL 1260.3 CREDIT CARD PAYMENT 1260.30- AMOUNT DUE 0.0 3 t Z.51 4 t 25d •;° Sly � :.t , dfi `3 PALM BEACH INT'L AP BARRY BRO ER VEHICLE: 03398/ 6580401 07AZRS LIC: FL W4ZGQL CDP: IS4080-MARRIOTT REWARDS RES: D7290089Z60 /TMOD / F COMPLETED BY: 2017 /FLWESI3 RENTED: PALM BEACH INT'L A/P RENTAL: 08 /07 / 07 17 :49 ; RETURN: 08/10/07 05.29 IL PLAN IN: TMDD RATE CLASS: F PLAN OUT: TMDD „A MILE5 IN: 15741 TR-X MILES MILES OUT: 1549Z MILES ALLOWED 14ILES DRIVEN: 249 MILES CHARGED ' DAYS 3 0 $ 75.99 / DAY $ 227.97 TAX SUBTOTAL 1 $ 227.97 P1JRCHAsER:$)6N HERE; • 1 DISCOUNT - T 36 % $ 82.07 ,� __._ .... SaC>=S ��e L,v SUBTOTAL 2 T.$ 145.90 SLIP r c;.�,o�erseS,w.va=aa:ro�ol�r�f�namt�awtitea 9ln me miwuret o� � ° ' CONCESSION RECOUPMENT FEE T$ 16. ms Tots wy r ha can w bg . tgp r<nrm Ih, 0611 aVO l aee loilh LDW DECLINED M Eh• CmldWdOta 6yraa i5nI a4suar. LIS DECLINED IMPOFITANT: RETAIN THIS COPY FOR YOUR Fit=CORDS PAI, PEC DECLINED . FUEL 6 SVC $ .368/MI $ 6.99/GL T$ 91.63 FLA SURCHG T$ 7.02 TAX 6.SGO% ON 260.74 $ 16.95 NET DUE $ 277.69 PAID BY AMX XXXXXXXXXXXIWS n. HOW WAS YOUR EXPERIENCE? WE'D LIKE YOUR FEEDBACK. L ?) Call 1-80 i-278-3595, or � Visit W.HERTZSURVEY.CO14 rm 2) Enter Access Code: 01305 3) Take Brief 4 Question Survey t THANK YOU FOR RENTING FRDh! rt j. CASHEA E� EXPIRATION EAEFIERENCEM F,', i v IDATA F,�MO,31ZArjof?NO. CHEIU�ED SbP31 Meeting Date: December 19 2007 Bulk Item: Yes x No I Division: County Attorney Department: County Attorney Staff Contact Person: Bob ShilIinger, ext. 3470 AGENDA ITEM WORDING: Approval of October 16, 2007 invoice in the amount of $41,296.50 from Paul Hastings for services regarding Galleon v. Monroe County, Case No. 2004-CA-02-595- K. ITEM BACKGROUND: Paul Hastings is part of the defense team for representation in the Galleon Bay case. PREVIOUS RELEVANT BOCC ACTION: CONTRACTIAGREEMENT CHANGES: Board approved a contract with Paul Hastings originally in 2005, renegotiated February 23, 2007, and board approved at the March 21, 2007. STAFF RECOMMENDATIONS: Approved TOTAL COST: $41_,296.50 BUDGETED: Yes —No _ COST TO COUNTY: $41,296.50 SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 2/05 Included x Not Required AGENDA ITEM # PAUL, HASTiNGS, JANorshY &: WALKGR M-P 515 South Flower Street, 251" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastings.com Atlanta/ Beijing/ Brussels/ Chicago/ Hong Kong/ London/ Los Angeles/ Milan/ New Yorld orange County! Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, @.0 am Monroe County rj �f to � P.O. Box 1026 Ivey West, FL 33041-1026 MIONROF 001-11,1TY AT1Uitl�& Attn: Suzanne Hutton SUMMARY SHEET Galleon Bay Corp. PHJ&W LLP File# 58551-00003 Derek E. Smith Legal fees for professional services for the period ending September 30, 2007 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the changre in the Wiring Instructions Wiring -Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAUS3N 100 West 33,d Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. October 16, 2007 Please refer to Invoice. Number: 1642941 PHJ&W Tax ID No. 95-2209675 $41,296,50 370.11 $41,666.61 $350,413.48 $392,080.09 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@paulhasttngs.com. PAm, f 1ASTINGS, JANOMS y & WALKER LLP 515 South Flower Street, 25'4 Floor, Los Angeles, CA 90071-2228 telephone 213-683-5000 / facsimile 213-627-0705 1 internet www.paulhastings.com Atlantal Beijing/ Brussels/ Chicago/ Hong Kong/ London/ Los Angeles! Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Franciscol Shanghai/ Stamford/ Tokyo/ Washington, D C. raulHastings Monroe County October 16, 2007 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1642941 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Galleon Bay Corp. PHJ&W LLP File# 5S551-00003 Derek E. Smith Legal fees for professional services for the period ending September 30, 2007 $41,296.50 Costs incurred and advanced 370.11 Current Fees and Costs Due $41,666.61 Prior Balance Due $350,413.48 Total Balance Due $3923,080.09 Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAUS3N 100 West 3Yd 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. 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 County 58551-00003 Invoice No. 1642941 Invoice Invoice Date Number REMITTANCE COPY (cant.) Summary of Prior Balance Due payments/ Amount Trust A12121. Page 2 Credits Balance Due 02/28/06 1501315 $55,624,28 $53,245.50 $1,368.50 $1,010.28 03/20/06 1505177 $31,489.33 $30,461.50 $430.88 $596.95 05/25/06 1521786 $31,115.02 $0.00 $595.02 $30,520,00 06/23/06 1528095 $107,908.36 $0.00 $590.86 $107,317.50 07/24/06 1534950 $107,737.05 $0.00 $207.46 $107,529.59 08/16/06 1539226 $22,195.34 $17,052.35 $2,537.89 $2,605.10 05/30/07 1608122 32,124.54 $1,816.41 $178.21 $129.92 06/26/07 1615358 $2,268.00 50.00 $0.00 $2,268.00 07/25/07 1622299 $36,256.50 $0.00 $0.00 $36,256,50 08/14/07 1627611 $13,083.50 $0.00 $0.00 $13,083.50 09/11/07 1633963 $49,096.14 $0.00 $0.00 $49,096.14 Total Prior Due $350,413.48 Balance Due $392,080.09 PAUL, HASTINGS, JANOFSKY & YVALKER LL€' 515 South Flower Street, 251° Floor, Los Angeles, CA 90071.2228 telephone 213-683-60001 facsimile 213-627.07051 internet www,paulhastings.com Atlanta! Beijing/ Brussels/ Chicago/ Flong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto! Paris/ San Diego/ San Francisco! Shanghai/ Stamford/ Tokyo/ Washington, D.C, PaulHastings Monroe County October 16, 2007 P.O. Box 1026 Ivey West, FL 33041-1026 Please refer to Invoice Number: 1642941 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 FOR PROFESSIONAL SERVICES RENDERED for the period ending September 30, 2007 Galleon Bay Corp. Date Timekeeper 09/01/07 Derek V. Howard 09/04/07 Derek V. Howard 09/05/07 Derek V. Howard 09/09/07 Derek V. Howard 09/10/07 Derek V. Howard Description Review order directing procedure for oral argument on rehearing of summary judgment motions; legal research regarding NFIP Factual and legal research regarding NFIP, CBRS and ESA; review associated documents obtained by M. Conaway and outline supplemental affidavit Legal research regarding affirmative defense of failure to join an indispensable party, NFIP, CBRS and ESA; prepare supplemental affidavit of M. Conaway Prepare supplemental affidavit of M. Conaway; legal research regarding NFIP Legal research regarding NFIP, CBRS and ESA; prepare supplemental affidavit of M. Conaway Hours Rate 4.20 315.00 7.10 315.00 6.20 315.00 3.80 315.00 6.50 315.00 $41,296.50 Amount 1,323.00 2,236.50 1,953.00 1,197.00 2,047.50 Moiuoe County 58551-00003 Invoice No. 1642941 Page 2 Date Timekeeper Description Hours Rate Amount 09/11/07 Derek V. Howard Prepare supplemental 6.80 315.00 2,142.00 affidavit of M. Conaway; review correspondence from M. Conaway regarding ITP and supplemental affidavit; review and respond to correspondence from T. Marr regarding rescheduling of jury trial and billing issue; legal research regarding NFIP and ESA 09/12/07 Derek V. Howard Revise and finalize 5.20 315.00 1,638.00 supplemental affidavit of M. Conaway; conferences with M. Conaway and J. Glogau regarding same; prepare notice of filing supplemental affidavit of M. Conaway 09/13/07 Derek V. Howard Prepare memorandum of 6.30 315.00 1,984.50 law regarding ESA 09/14/07 Derek V. Howard Prepare memorandum of 7.00 315.00 2,205.00 law regarding ESA 09/15/07 Derek V. Howard Prepare memorandum of 4.30 315.00 1,354,50 law regarding ESA 09/17/07 Derek V. Howard Review cross motions for 7.60 315.00 2,394,00 summary judgment and supporting memoranda of law, and shepardize cases cited therein 09/18/07 Derek V. Howard Review message from T. 2.80 315.00 882.00 Smith; conference with T. Smith regarding status of litigation, supplemental affidavit of M. Conaway, BUD applications; prepare correspondence to T. Smith regarding same; review and respond to correspondence from T. Marr regarding supplemental affidavit of M. Conaway Monroe County 58551-00003 Invoice No. 1642941 Page 3 Date Timekeeper Descript€on Hours Rate Amount 09/19/07 Derek V. Howard Legal research regarding 7.00 315.00 2,205.00 defenses to local liability where regulations complained of supplement federal regulations, or adopted pursuant to federal or court mandate 09/20/07 Derek V. Howard Legal research regarding 6.80 315.00 2,142.00 defenses to local liability where regulations complained of supplement federal regulations, or adopted pursuant to federal or court mandate 09/21/07 Derek V. Howard Legal research regarding 5.00 315.00 1,575.00 effect of Plaintiff's failure to obtain development approvals from federal government 09/24/07 Derek V. Howard Prepare request for judicial 5.50 315.00 1,732,50 notice; prepare correspondence to and respond to correspondence from D. Rainier regarding same; conference with J. Glogau regarding motion hearing and prepare for same 09/25/07 Derek V. Howard Legal research and consider 6.80 315.00 2,142.00 County's affirmative defense of SOL in light of affidavit of M. Conaway Monroe County Page 4 58551-00003 Invoice No. 1642941 Date Time_ keeper Description Hours Rate Amount 09/26/07 Derek V. Howard Shepardize cases cited in 7.50 315.00 2,362.50 memorandum of law in support of County's motion for reconsideration of finding of temporary taking, cases cited by Plaintiff in connection with motion to strike affidavit of T. Marr, and cases cited in connection with SOL defense; prepare for motion hearing; review correspondence from. J. Glogau and conference with B. Shillinger regarding travel arrangements 09/27/07 Derek V. Howard Prepare for hearing on 5.80 315.00 1,827.00 Defendants' motions for reconsideration and conferences with J. Glogau regarding same 09/28/07 Derek V. Howard Prepare for hearing on 5.80 315.00 1,827.00 Defendants' motions for reconsideration; review online docket to determine whether any filings by Plaintiff; shepardize cases cited in Amended Liability Order 09/29/07 Derek V. Howard Review online docket to 4.10 315.00 1,291.50 determine whether any filings by Plaintiff; legal research regarding liability apportionment among levels of government . 09/30/07 Derek V. Howard Travel to and prepare for 9.00 315.00 2,835.00 hearing on Defendants' motions for reconsideration; conferences with J. Glogau and R. Shine Total Fees 131.10 $41,296.50 Monroe County 58551-00003 Invoice No. 1642941 Derek V. Howard For Costs Incurred and Advanced Courier Service Photocopy Charges Photocopy Charges (Color) Facsimile Total Costs Page 5 Timekeeper Summary Current Fees and Costs Due Prior Balance Due Total Balance Due 131.10 hours at $315.00 23.56 237.30 107.50 1.75 $370.11 /<1 $41,666.61 $350,413.48 $392,080.09 / Paul, Hastings, Janofsky & Walker L.L.P Supporting Documentation for Disbursements Monroe County Tab # flutter Name PHJW Number Inv. # Amount Description 1 Galleon Bay Corp. 58551-00003 23.56 UPS 2 Galleon Bay Corp. 58551-00003 237.30 Photocopy Charges 3 Galleon Bay Corp. 58551-00003 107.50 Photocopy Charges(Color) 4 Galleon Bay Corp. 58551-00003 1.75 Facsimile 370.11 Total outbound Worldwide Service (continued? UPS Online Shipping Tool ZIP Published incentive Billed Pickup Tracking Number Service Cods Zane Weight Charge Credit Charge Data iZA7V7810193931460 Next Day Air COmmerCi 330A1 105 6 43.60 23.02 20.58 2•98 Q9117 Fuel Surcharge 6.32 134 Total 49.92 -25.36 23.56 58559.=033----- - 2nd ref-� DVRHOward, Derek UsedD : PSS-xDlxSETpbE Sander : Derek Howard F�ceier: Debra Rainer Monroe County Attorneys Paul, Hastings, Janofsky & Walker r Harvey Government Center' 87515th Street, N.W. 33 41 Key West l=t 331)A1 Washington DC 20005 Oct 11 2007 07:32:50 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 25822324 163162 218 091707 DVH 25.00 0.20 USER -DEFINED FIELD 1: Stephens, Carole USER -DEFINED FIELD 2: AS DESCRIPTION: User: DVH Batch: 3C27 GRANT] TOTAL: 25.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.0o ENTRIES POSTED 1 $5.00 FIRM ENTRIES $.00 TOTAL: 1 $5.00 a Page: 1 Ledger Lac Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 5.00 SPHOTO WC P 311172 091807 5,00 s, Oct 11 2007 07:33:34 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Cade Date Tkeep Quantity Rate 58551-00003 25808962 182928 218 091207 DVH 114.00 0.20 USER -DEFINED FIELD 1: Stephens, Carole USER -DEFINED FIELD 2: A5 DESCRIPTION: User: DVH Batch: 3C22 25808967 182928 218 091207 DVH 6.00 0.20 USER -DEFINED FIELD 1: Stephens, Carafe USER -DEFINED FIELD 2: A5 DESCRIPTION: User: DVH Batch: 3C22 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.OQ ENTRIES POSTED 2 $24.00 FIRM ENTRIES $.00 -----------'-'------------------------------- TOTAL: 2 $24.00 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr_ 22.80 SPHOTO WDC P 310856 091307 1.20 SPHOTO WDC P 310856 091307 120.00 24.00 120.00 24.00 Ob ` f 8, OD Oct 11 2007 07:34:02 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 25856334 183609 218 092607 DVH 46.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A5 DESCRIPTION: User: DVH Batch: 3C34 GRAND TOTAL: 46.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $9.20 FIRM ENTRIES $.00 TOTAL: 1 $9.20 .Page: I Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 9.20 SPHOTO WDC P 312094 092807 9.20 Oct 11 2007 07:3-1:115 PRECOST TABLE REPORT Page: I Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 25856384 la3610 218 092707 DVH 1376.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELT] 2: A5 DESCRIPTION: User: DVH Batch: 3C35 GRAND TOTAL: 1,376.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $275.20 FIRM ENTRIES $.00 TOTAL; 1 $275.20 Ledger Loc Valid Posting Date Nod. Amount. Code Flag Batch Modified Optr_ 275.20 SPHOTO WDC P 312094 092807 275.20 P Oct 11 2007 07:35:19 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 25842485 183468 212 092407 TRM 15.00 0.20 USSR -DEFINE➢ FIELD 1: Mounteer, Thomas ❑SER-DEFINED FIEL➢ 2: A3 DESCRIPTION: User: TRY Batch: 3C32 GRAND TOTAL: 15.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $3.00 FIRM ENTRIES $.00 TOTAL: 1 $3.00 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.00 SPHOTO 47bC P 311743 092507 3.00 Oct 11 2007 07:35:54 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 25822361 123163 220 091707 DVH 86.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: BO DESCRIPTION: User: DVH Batch: 3C27 GRAND TOTAL: 86.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $107.50 FIRM ENTRIES $.00 TOTAL: a $107.50 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 107.50 SPHOTO WDC P 311172 091807 107.50 Oct 11 2007 07:36:30 PRECOST TABLE REPORT .Page: 1 Control Cost Transaction Ledger Lot Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr, 58551-00003 25822572 183165 226 091707 PHal 7,00 1.25 8.75 SFAX WDC P 311171 091807 USER -DEFINED FIELD 1: DCOFFSVC USER -DEFINED FIELD 2: 3F17-8 DESCRIPTION: User: Batch: 3F17 18508930448 C3 D GRAND TOTAL: 7.00 8.75 TOTAL VALID ENTRIES $.00 it_r` 7-!r INVALID ENTRIES $.00 C�" ENTRIES POSTED 1 $8.75 FIRM ENTRIES $_00 -----_-'------------------------------•---„- TOTAL: 1 $8.75 Meeting Date: 12/19/07 Division: CoupU Attorne Bulk Item: Yes xx No _ Staff Contact Person/Phone #: Bob Shillinger 3470 AGENDA ITEM WORDING: Approval Karl Barth, Esq. and David Killea, Esq. as additional time keepers to work with Aronovitz, Jaffe and Freed & Weiss LLC in claim against Hotels.com and other internet travel service providers. ITEM BACKGROUND: The County entered into a contingent fee agreement with Tod Aronovitz to represent the County's in potential litigation against internet travel service providers. After dismissal of the proposed class action for insufficient class size, Aronovitz is recommending that we file an individual suit. The additional time keepers would work with the attorneys currently working on the case. Other than the additional time keepers, no other changes to the existing agreement are proposed. PREVIOUS RELEVANT BOCC ACTION: Board approved contract with firm in January 2007. CONTRACT/AGREEMENT CHANGES: Add additional timekeepers. STAFF RECOMMENDATIONS: Approval. TOTAL COST: TBA, contingency fee based on recovery. if any BUDGETED: Yes No xx COST TO COUNTY: None SOURCE OF FUNDS: Non -county funds REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Atty xx OMB/Purchasing Risk Management DOCUMENTATION: Included xx Not Required AGENDA ITEM # Revised II/06 AR.ONOVITZ JAFFE December 3, 2007 VIA. E AIL. shilltrr er-God rionroecoutri. _-o_ Bob Shillinger, Esq. Chief Assistant County Attorney Monroe County Attorney's Office P.O. Box 1026 Key rest, FL 33041-1026 .Re: ,Monroe County vs. hotels Corn, etal. MPAPONC'•`AYZ r_Q. Dear Mr. Shillinger: Musei,`m Tower This letter will confirm our telephone conversation of today. I have advised. you Snit,) ``;'" that our firm, ARONOVI`I'Z JAFFF3 and Freed & Weiss, LLC, who have 1.53i .V Fla sly>r Stcert represented Monroe County, in a class action case against Hotels.Com, et al., now seek to proceed with an individual case on behalf of Monroe County against select online travel companies. ARONOVITZ JAFFE and Freed & Weiss. LLC shall proceed as co -lead counsel on c x.rra c strl�tia..i��`' a contingent fee basis pursuant to the attached Contingent Fee Agreement dated January 22, 2007. Pursuant to said agreement, eve seek to add as additional plaintiffs counsel: Karl Barth — Lovell Mitchell &. Barth, and David Killea — Gilbert Randolph, on a contingent fee basis. Zslease Note: All other terms and conditions of the existing Contingent Fee Agreement remain in full force and effect and Monroe County agrees to pay a contingent legal fee and will not advance any court costs in this case. I ask that you execute a copy of this letter agreement which will become an exhibit to the current Contingent Fee Agreement dated January 22, 2007. Thank you for your consideration of this matter. Very truly yours, TOD O T _. TA mrn cc. Paul Weiss, Esq. .4CKNOUILL'DGED A-IVD A GRE D TO, Bar: Bob Shillinger, Fsq, Chief Assistant County Attorney Monroe County Attorneys Office A l:0riiely_ For Consumer er lustice Meeting Date: 12/19/07 Division: County Attorney Bulk Item: Yes xx No Staff Contact Person/Phone #: Bob Shillinger 3470 AGENDA ITEM WO EG: Approval of amendment to legal services agreement with the firm of Paul, Hastings, Janofsky & Walker to reflect new hourly rates and additional time keepers. ITEM BACKGROUND: The County retained Paul, Hastings in 2005 to represent it in the matter of Collins v. Monroe County. By mutual agreement, Paul, Hastings later took on representation of the County in Galleon Bay Corp. v. Monroe County and Emmert v. Monroe County. The proposed amendment reflects Paul, Hastings' annual rate increases. The primary attorney assigned to work on the County's cases is Derek Howard whose rate will increase to $420 per hour on February 1, 2008. The amendment also adds various personnel as additional time keepers. The additional partners are needed because of Bob Freilich's departure from the firm. Since the posture of each case differs from year to year, it is impossible to base a projected cost upon the experience in prior years. PREVIOUS RELEVANT BOCC ACTION: Board approved contract with firm in January 2007. CONTRACT/AGREEMENT CHANGES: Increased hourly rates. STAFF RECO NDATIONS: Approval. TOTAL COST: BUDGETED: Yes xxx No COST TO COUNTY: None SOURCE OF FUNDS - REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Atty xx OMB/Purchasing Risk Management _ Included xx Not Required, Revised 11/06 NUMBER - STANDARD SERVICES AGREEMENT (LITIGATION) '.,,< EXHIBIT A Litigation. Identification: Collins, et al v. Monroe Couniy, CAM-04-379 Helen & Gregor Emmert v. Monroe County, 2002-CA-520-p Galleon Bay a Monroe Couno, CAK-02-595 References: 3.2: limitations to Scope of Representation: County Attomey's office shall serve as co -counsel. 3.3: Term of Agreement and Representation: Paul Hastings shall represent the County in these matters as long as the County shall desire and consistent with the firm's ethical obligations. 3.4: County's Expectations and Goals: Prompt, efficient, competent representation as lead counsel in Galleon Bay and Emmert, and co -counsel in Collins. 4.: Attorneys' Hourly Fee Rate: The table below shows hourly fee rates in effect through December 31, 2008, with the understanding that the parties shall negotiate mutually acceptable rates for the period thereafter should the County's engagement of the firm continue. Professional Status, Office Rate Derek Howard Associate, Washin on D.C. Thmughjanuag 31, 2008 $315 Fehmaq 1, 2008, - Decemher31, 2008 $420 Jeff Haber Partner, Los Angeles $675 Bob McMurry Partner, Los Angeles $695 Mitch Menzer Partner, Los Angeles J $735 Noah Perch-Ahern:[Junior Associate, Washington D.C. $375 Jeff Allmon unior Associate, Washington D.C. $375 Liti tion Paralegal Parale , Washington, D.C. $260 M hoa Polk Case Assistant, Washin on, D.C. $150 4.3. Discounts to Other Clients: The County expressly acknowledges that, with the exception of Derek Howard, who the firm represents is charged at no less hourly rate, other personnel identified above may have lower hourly billing rates for other clients of the firm. Those rates are due to those other clients assigning a greater volume of work to the firm. LEGAL_US-E # 763I8566.2 4.4: Approved Additional Time Keepers; 5.1: Time -keeper Changes: With respect to the Los Angeles -resident partners identified in the table in item 4.3, one or more (depending on availability and circumstances) will supervise Derek Howard's work on an as needed basis and consistent with the firm's professional obligation to supervise associate work. Should such supervision require greater than five (5) hours of services in any given calendar month, Mr. Howard shall telephonically notify Mr. Schillinger of such need during the month it is needed.. Provided their hourly rates are no greater than the rates shown for the unnamed "Litigation Paralegal" and for Ms. Polk on the table provided in item 4.3, above, the County expressly authorizes Derek Howard to call upon the services of paralegals or case assistants in the firm's Washington office whose names do not appear on the table provided in item 4.3, and no further approval shall be needed for his use of such time keepers. 8.4: County Point of Contact: Attorney Date: Robert B. Shillinger Assistant County Attorney P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) s hill in ger-bob@monroecounty-fl.gov County Representative Date: LEGAL US E 9 76318566.2 2 Meeting Date: 12/19/07 -Marathon Bulk Item: Yes X No YMN Division County Attomey's Office Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval to terminate contract with William Brinton, Esq. ITEM BACKGROUND: On October 19, 2005, the County entered into an agreement with William Brinton, Esq. to prepare a fully defensible sign ordinance. The contract provided for payment of $12,500, and provided in Paragraph 3.3 that it would continue until terminated by either party. On October 18, 2006, the contract was amended to increase the maximum payable to $25,000. Mr. Brinton provided a draft of the ordinance in 2006 and was paid a total of $17, 503.23. Due to other issues taking priority over this ordinance, the draft has not been fully vetted through staff, but the County Attorney's Office has the legal expertise to complete the project when time and the re -ranking of priorities allow Growth Management staff and the legal staff to address the issue. PREVIOUS RELEVANT BOCC ACTION: Approval of contract & amendment. See background. CONTRACTAGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval. TOTAL COST: A BUDGETED: No P 1=i;,. P� REVENUE PRODUCING: Yes No OUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management 3052923516 MONKOE COUNTY ATT 03:5159 p,rn. 09-29-2006 T AYXNDNMM TO MONROE COUNTY, FLORIDA STANDARD LEGAL SERVICES AGREEMENT WITH WILLIAMD.BRINTO TMS MST AMENDMENT is entered into on the1 d y of October 2006, to the Standard ea3t walla ioat, ., dated October 19, 2005. YMMAS, the ATTORNEY was hired to provide consultatiun services in c0unectiOn with a review of current land development regulations perWning to signage, and possible amendments with several constitutional issues in mind, and WHEREAS, the case law changed during the work making it necessary to revisit and pmvide foxthaT research and consultation than origha ly planned; and VAHREAS, the Agreeineat with Attorney limited the fees to be paid to ATTORNEY to Twelve Thousand Fivo Hundred dollars ($12,50€1) unless approved by the Board of County Commissioners; and WEMREAS, the total conirart amount is not sufficient to cover necessary legal representation; and WWMAS, C=tyy washes to oont inue with the services of Attorney. NOW TEMRUORE, in consideration of the mutual Vomises and considerations, the parties agree to amend as follows: 1. E A at paravaph 4 shall be amended as follows: 4.: Attorney's Hourly Fee Rate: $225.00 per hour (discounted from $290.00). The total billing for all time keepers for the matter descn%ed in the original agreement was Twelve Thousand dare Hundred Dollars ($12,500); this Amendment is to add an additional Twelve Thousand Five Hundred Dollars ($12,500) for a. total agreement amount ofTwenty Five "thousand Dollam ($25,000). 2. This Amendnwnt shall be retsoctive to the I' day of July, 2006. 3. The remaining teams of the Agreement, not inconsistent herewith, shall remain in full foite d erect. IN WITNESS VaMREOF, the parties hereto have been euted this Agaement: as of � doe Era ithewfflt — above. ward of County ission � cm 70 Of Mon'cam Coup C� ram- rn Attest c l.xt R :rClerk D. �-` ..; Witn to ATTORNEY: Charles "S .. CA DATE: 9 2-7-P/ 212 —n =V420J of Sd aEAakdddV A3N8011V AINnoo 308NO 4 ''OINR€,! COUNTY, FLORIDA AGREEMENT s'. i € j, b SERVICES2 STANDARD LEGAL 1 OF fi ! 5 THE BOARD OF COUNTY COMMISSIONERS OF FONROE COUNTY, FLORIDA, as 6 the legislative and governing body of Monroe County, Florida, and in accordance with the 7 powers enumerated in Section 125.01, Florida Statutes (the "County") and WILLIAM D. 8 BRINTON (the "Attorney") hereby enter into this Agreement regarding the retention of 9 Attorney by County to provide Iegal advice and services: 10 11 1. Client: The Client is the County, and to the extent ethically permissible, its elected and 12 appointed officers and its employees, unless County advises Attorney otherwise. In the event 13 that Attorney cannot ethically represent individuals in addition to County, Attorney shall advise 14 County in writing of that fact immediately. 15 16 2. Attorney- The Attorney is the individual named above and whose signature appears at 17 the bottom of this Agreement. Attorney is licensed to practice law in all jurisdictions relevant to 18 this matter. If Attorney practices with others who may also provide services to County, he or she 19 understands that County expects that Attorney will be responsible for managing the 20 representation, assuring compliance of others with the terms of this Agreement and ethical 21 requirements, preparing and substantiating all bills, and communicating with County. Attorney 22 may not delegate or outsource this work without full written disclosure to, and prior written 23 approval from, the County. 24 25 3. Fatter: Attorney has been retained by County in connection with the matter described 26 in Exhibit A. Attorney represents that he or she is competent and available to handle that matter. 27 In the event that additional matters are assigned by County to Attorney, this agreement shall 28 apply to those matters as well, unless a separate Agreement is required by the County. 29 30 3.1. Review of ethical obligations before initiating representation: Attorney has 31 conducted a thorough investigation and determined that neither Attorney nor his or her firm has 32 any ethical impediment, real or potential, to representing County. To the extent that any ethical 33 impediment, real or potential, is discovered or ever arises, Attorney shall immediately inform 34 County in writing of the impediment (regardless of whether Attorney believes he or she has 35 taken all steps necessary to avoid the impediment and regardless of whether Attorney believes 36 that the impediment is insubstantial or questionable), make full disclosure of the situation to 37 County, obtain County's express, written consent to continue the representation of the other 38 client, and take all steps requested by County to avoid or mitigate the impediment. Attorney 39 understands that, if a direct or indirect conflict of interest arises which, in the opinion of the 40 County, cannot be avoided or mitigated under the Rules of Professional Conduct of The Florida 41 Bar, County may, in its discretion, (a) obtain reimbursement from Attorney for all fees and 42 expenses paid to Attorney in this matter; (b) obtain cancellation of all amounts allegedly owed by 43 County to Attorney; and (c) obtain reimbursement for consequential expenses incurred by 44 County, including the cost of replacement counsel. 45 46 3.2. Limitations to scope of representation: Except where prohibited by the Rules of 47 Professional Conduct of The Florida Bar, the Monroe County Attorney's Office will serve as co- 1 of 15 I counsel in all matters covered by this Agreement. As co -counsel, the Office attorney's will assist 2 Attorney by performing tasks assigned by Attorney, including but not limited to serving as local 3 counsel; securing the cooperation of County employee's, officers, and others in discovery and 4 other matters; obtaining evidentiary materials from County files; assisting with discovery; 5 attending hearings and depositions; filing pleadings; arranging for closed attorney -client sessions 6 with the Board of County Commissioners; and performing other tasks as necessary and 7 convenient for Attorney. Decisions as to tactical approaches to be utilized shall be the ultimate 8 responsibility of the Attorney, and issues which rise to the level of a client decision shall be 9 resolved by the Board of County Commissioners. Any further limitations or special conditions 10 shall be as set forth in Exhibit A. 11 12 3.3. Term of Agreement and Representation: This Agreement and representation 13 by Attorney is effective upon acceptance and approval by County in accordance with County's 14 policies, ordinances, or governing statutes. The representation shall continue until terminated by 15 either the County, or by the Attorney in accordance with ethical requirements. 16 17 3.4. County expectations and goals: The County expects the Attorney to seek the is best resolution for the County at the lowest reasonable cost to the taxpayers. At the earliest 19 reasonable point during the representation, the Attorney shall report to the County, via the 20 County Attorney, any reasonable potential for settlement, including related settlement costs and 21 expenses, the estimated chances of the County prevailing on the merits, and the potential 22 financial exposure should the County not prevail on the merits. Any other expectations and 23 goals shall be as set forth in Exhibit A. 24 25 4. Attorney Fee(Hourly): Attorney will be paid for his or her services based on the 26 number of hours expended on behalf of County (rounded to the nearest tenth hour for each time 27 entry), not to include time billable to or compensated by other clients, multiplied by the 28 Atoorney's hourly rate as set forth in Exhibit A. The following minimum billing documentation 29 and time -keeper requirements are a condition precedent to payment by the County. 30 31 4.1. lion -billable time: Attorney will bill County only for time reasonably and 32 necessarily incurred to render professional services on County's behalf in accordance with this 33 Agreement. Time attributable to billing questions is not billable. Time expended by time- 34 keepers who have not been approved by County as indicated on Exhibit A is also not billable. 35 36 4.2. Changes to hourly rates: Attorney will charge no more than the hourly rate 37 quoted in .Exhibit A throughout the duration of the matter, unless otherwise agreed in writing 38 signed by County. 39 40 4.3. Discounts to other Clients: The rates Attorney will charge County represent the 41 lowest rates charged by the same time -keepers to other clients. In the event that lower rates or 42 discounts are provided to other clients, Attorney and approved time -keepers will also provide 43 them on the same basis to County. 44 45 4.4. Additional tame -beepers: Additional tithe -beepers may not be added to the 46 matter without advance written approval from County. In the event that additional time -keepers 2ot15 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 providing services which are to be billed to the 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. Additional time -keepers approved by the County are listed in Exhibit A to this Agreement, and this Exhibit A may be amended from time to time, upon mutual agreement of the County and the Attorney, to evidence the then -current circumstances. 4.5. 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 County, then Attorney may bill only that time expended in using that work product for County. In other words, no premium, markup, or other adjustment may be made to bill County for time spent on work already performed. 4.6. 'gavel: Travel restrictions, including restrictions on billing time during travel, are set forth below. 5. 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: 5.1. Monthly bills: Unless otherwise agreed in a writing signed by the County, bills shall be issued monthly by Attorney within 15 days after the close of each month. Attorney understands that County requires prompt bills in part to facilitate effective management of the representation and fees. 5.2. Bill format: Attorney shall provide detailed, itemized bills which shall, at a minimum: 5.2.1 Description. Provide a general description of the matter, to include the name of the County department or constitutional officer, if not indicated in the title of the matter, for which legal services are being performed (e.g. Richard Roe v. Monroe County EEO Claim). 5.2.2 Personnel. Clearly identify each person performing services (i.e., time- keepers) in conjunction with each entry. 5.2.3 Other Personnel. Clearly identify all persons who are not full-time lawyers employed by the Attorney's firm (including subcontractors, independent contractors, temporary employees, and outsourcing providers). 5.2.4 Time Records. Record the time expended by each time -keeper separately. In those situations where the minimum billing increment exceeds the actual time spent on a task and several of these "minor" tasks are performed, it is expected that the services will be aggregated until the total actual time spent meets the minimum billing increment. 5.2.5 Totals and By Task. State 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 3 of 15 I worked upon within the same day). 2 3 5.2.6 Task Description. Describe within each itemized daily task entry, in 4 sufficient detail to readily allow the County to determine the necessity for and reasonableness of 5 the time expended, the services performed, the project or task each service relates to, the subject 6 and purpose of each service, and the names of others who were present or communicated wit in 7 the course of performing the service. Included should be a reasonably specific delineation of s services sufficiently itemized to allocate time within a matter to such categories of effort as Legal 9 Research, Fact Gathering, Internal Conferences, Communications with Client, Particular 10 Document Drafting, Court Appearance, Deposition Attendance, and so forth. 11 12 5.2.7 Summary of Rates. In a summary at the beginning or end of the bill, 13 provide the current hourly rate for each time -keeper, the total time billed by each time -keeper in 14 that bill, the product of the total time and hourly rate for each time -keeper, the total fees charged, 15 and a reconciliation between the amount charged and any applicable estimated or budgeted 16 amount, by task. In addition, each monthly statement should show the aggregate billing for that 17 matter from the commencement of the matter through the currently -billed month. 1s 19 5.2.8 Digital/Electronic Copy. County is currently using Time Matters and 20 Time Balling software in the County Attorney's office, and prefers that an electronic reporting 21 software which can be incorporated into the County's software data base for tracking and 22 reporting purposes be used by Attorney. Attorney should discuss the capabilities of Attorney's 23 billing system with County before rendering the first bill. County should receive a digital 24 electronic/computerized version of each bill, together with a paper copy, to facilitate bill review. 25 26 5.3. Expenses: County will pay the actual, reasonable cost of the following expense 27 items if incurred in accordance with the guidelines below and promptly itemized in Attorney's 28 monthly bill: 29 30 5.3.1 Reimbursable expenses: Actual cost for necessary long distance 31 telephone calls, telecopying at $.25 per outgoing page, overnight or expedited delivery, couriers, 32 photocopying at S.15 per page, postage, court fees, and other expenses approved in advance by 33 County or as listed below: 34 35 5.3.1.1. Expedited or emergency services: Attorney is expected 36 to avoid using expedited or emergency services, such as express delivery services, couriers, 37 telecopying, overtime, and so on, unless necessary because of unexpected developments or 38 extremely short deadlines. County may refuse to pay for any such expenses when incurred 39 routinely or because of Attorney's failure to manage the matter efficiently. 40 41 5.3.1.2. Computerized research: Attorney is expected to use 42 computerized research services cost-effectively to reduce time spent on research, for example, 43 while closely -monitoring computerized research to insure that the charges are reasonable and 44 necessary. Attomey is expected to pass through to County any discounts or other arrangements 45 that reduce the cost of computerized services. 46 4of15 1 5.3.1.3. Photocopying: Attorney is encouraged to use outside 2 copying services to reduce the cost of large -volume copying, provided that these expenses are 3 efficient, cost-effective, and incurred and billed in accordance with this Agreement. Attorney is 4 responsible for insuring that all copying complies with copyright obligations. 5 6 5.3.1.4. Transcripts: Transcripts should not be ordered without 7 prior approval from County. Transcripts should not be ordered on an expedited basis unless 8 necessary and approved in advance by County. Attorney should obtain digital 9 electronic/computerized copies of transcripts when available at a reasonable cost to avoid 10 charging for time spent digesting or indexing transcripts, and to allow County to maintain a I 1 digital electronic/computerized database of all transcripts. 12 13 5.3.1..5 Travel Expenses: Travel expenses within the Attorney's 14 local or metropolitan area will not be reimbursed if the time spent in transit is billed. Travel 15 expenses outside the metropolitan area may only be reimbursed if the travel was approved in 16 advance by County. Reimbursable travel expenses, if approved in advance, are the cost of 17 transportation, by the least expensive practicable means (e.g., coach class air travel), the cost of 18 reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab 19 or rental car, whichever seems reasonable, at the lowest available rate). Travel expenses will be 20 reimbursed in accordance with the applicable provisions for "approved travelers" of the Monroe 21 County Code, will be summarized on the Monroe County Travel Form with all applicable 22 receipts attached thereto. 23 24 5.3.1.6 'Travel Time. Time spent in transit, locally or otherwise, 25 may be billed only if (a) Attorney or time -keeper is unable to avoid traveling by using other 26 forms of communication and (b) Attorney or tune -keeper is unable to bill time in transit to other 27 clients. Travel by more than one time -keeper at the same time to the same destination is not 28 allowed without prior approval from County. Approved travel time during tune -keeper's normal 29 business hours will be billed at the hourly rate listed for the time -keeper on Exhibit A. 30 Approved travel time outside of time -keeper's normal business hour's will be billed at one-half 31 the hourly rate listed for the time -keeper on Exhibit A. 32 33 5.3.2. Non-reh bursable expenses: The following expenses will in no event be 34 reimbursable, unless specifically agreed to in advance in a writing signed by County: 35 36 5.3.2.. Personal and ®ice Casts. Meals for tune -keepers, 37 overtime, word processing or computer charges, personal expenses, expenses that benefitted 38 other clients, expenses for books, costs of temporary employees, periodicals or other library 39 materials, internal filing or other document handling charges, clerical expenses, stationery and 40 ether supply expenses, utilities, and any other expense that is either unreasonable or unnecessary. 41 (The fact that the firm charges other clients or that other firms charge their clients for an expense 42 does not make it reasonable or necessary.) 43 44 5.3.2.2. Experts, consultants, support services, outsourced 45 services, etc. Attorney is not authorizers to retain experts, additional counsel, consultants, 46 support services, or the like, or to out source or delegate work outside Attorney's law firm, 5of15 I without prior written approval by County. Attorney will be responsible for selecting and 2 managing the services of others so that their services and expenses will be rendered in 3 accordance with the terms of this Agreement, including terms applicable to Attorney. Attorney 4 will manage others to obtain cost-effective services for County. Unless otherwise agreed in 5 writing, Attorney shall obtain a written retainer agreement, in a form which may be specified by 6 County, from each service provider, with bills from each provider being sent to both Attorney 7 (for management purposes) and County (for review and payment). 8 9 5.3.2.3. Expenses not passers through at actual cost. County 10 will not pay any markup for expenses. County will only reimburse the Attorney for their actual i t approved out-of-pocket costs and expenses, whether incurred personally by an approved time- 1 2 keeper or incurred by other approved personnel (such as experts, consultants, support services 13 personnel, or outsourced services personnel). 14 15 5.3.2.4. Overhead not charged to County. County will not pay 16 for any "expense" items that are in fact part of Attorney's overhead which should be included 17 within Attorney's fee. 18 19 5.3.3. Advance approval of expenses. In addition to the items noted above, 20 Attorney shall obtain advance approval from County before incurring any expense in excess of S 21 1,000.00 if Attorney expects to be reimbursed for that expense. County may refuse to pay any 22 expense for which advance approval was not obtained by Attorney. 23 24 5.3.4. Copies of receipts for expenses. Attorney shall include copies of receipts 25 for all expenses with the itemized monthly bill. County may refuse to pay any expense item for 26 which documentation is not provided by Attorney. 27 28 5.3.5. Expenses (and fees) after termination. Upon termination of the 29 representation, Attorney shall promptly bill County for any remaining reimbursable expenses and 30 fees. County may refuse to pay any fees or expenses not billed within 45 days of termination of 31 the representation. Attorney is also expected to cooperate promptly with all aspects of 32 termination and, if applicable, transition to other counsel. Payment for fees and expenses is 33 contingent upon prompt, full cooperation. 34 35 5.4. Dill and expense documentation. Attorney understands that Attorney must have 36 documentation to support all aspects of each bill, including fees and expenses, and must maintain 37 that documentation until at least one year after the termination of the representation_ This 38 documentation shall be made available by Attorney to County (or County's designated 39 representative, including an accountant, the County Clerk or County Clerk's representative, or 40 legal bill auditor) upon County's written request. Attorney agrees to cooperate with any 41 examination of this documentation and Attorney's fees and expenses, e.g., by responding 42 promptly and completely to any questions County or its designated representative may have. 43 Attorney shall notify County in writing at least 60 days in advance of destroying any such 44 records and, in the event that County requests that they be preserved, shall preserve them at least 45 one additional year or, at the option of the County, delivered to the County for storage by the 46 County, with County responsible for paying the actual cost of storage. This documentation shall 6 of 15 I include, for example, original time records, expense receipts, and documentation supporting the 2 amount charged by Attorney for expense items generated by the Attorney or his or her firm. 3 County reserves the right not to pay any fee or expense item for which sufficient documentation 4 is not available to determine whether the item was necessary and reasonable. Upon prior written 5 Agreement by the County, Attorney may provide the documentation in digital electronic form in 6 Adobe Portable Document Format (PDF) or in Alchemy format in lieu of the manual 7 preservation requirements detailed above. 8 9 6. Payment terms: Attorney's request for payments and reimbursements may be made in 10 either the Attorney's name or the name of the Attorney's law firm, as appropriate. Attorney bills 11 complying with this Agreement are due and payable upon receipt. If the bill materially fails to 12 comply with the requirements of this Agreement, then it is not due and payable until its 13 deficiencies are remedied by Attorney. County is entitled to a 1 % prompt payment discount if a 14 bill is paid within 15 days of receipt by County or correction of deficiencies by Attorney, 15 whichever is later, (or if the bill is satisfied by funds held by Attorney, e.g., in a trust account). 16 County shall not be liable for interest or other late charges unless specifically agreed to in 17 advance in a writing signed by County. 18 19 7. Budgets. Attorney will, within thirty (30) days after the effective date of this Agreement, 20 prepare an estimate or budget of the likely costs, by task, of this matter, including fees and 21 expenses, and a plan for handling the matter. Attorney will update the budget and plan at least 22 once every three months. In the event that Attorney obtains information indicating that the 23 budget (or any line item) may be exceeded by more than five percent, he or she will notify 24 County of that immediately. in a written statement accompanying each bill, preferably in tabular 25 form. Attorney will reconcile the budget with each month's bill, e.g., by explaining whether the 26 billed amounts, by taste, are more or less than the amounts budgeted therefore. County shall have 27 the right not to pay any amounts that are over budget or not included within the budget. 28 29 S. Staffing and matter management. Attorney has been retained specifically because 30 Attorney, personally, is understood by County to be able to handle this matter. Employment of 31 additional individuals, whether attorneys, paralegals, or others, who will bill time to County is 32 not permitted without the advance written approval of County. 33 34 8.1. 'Time -keeper changes. Changes in time -keepers, e.g., replacement of an attorney 35 as well as increases or decreases in the number of the tune -keepers working on the subject -matter 36 of this Agreement, must have the advance written approval of County. County expects to receive 37 discounts or other concessions so that any increases or changes in time -keepers will not result in 38 unnecessary or unreasonable charges to County, e.g., for training, internal conferences, and 39 management. 40 41 8.2. Duplication of effort. Unless advance County approval is obtained, Attorney 42 will not have more than one tune -keeper bill for court appearances, attendance at depositions and 43 meeting, including meetings with County representatives, and internal conferences. In the event 44 that more than one person attends, only the time of the person with the lowest rate will be 45 billable. Attorney is not permitted to use this matter to provide on the job training for a time- 46 keeper, and bill for that time -keeper's services, without County's advance approval. 7 of 15 1 2 8.3. Matter management. Attorney is responsible for managing the matter cost- effectively and competently, e.g., by insuring that additional time -keepers are competent, 4 properly supervised, efficient, and in compliance with the terms of this Agreement as well as 5 with ethical obligations. 6 7 9.4. Communications. County will expect that all communications between Attorney 8 and County will be reviewed by Attorney and that Attorney will serve as the point of contact for 9 this matter, including billing questions. The point of contact for this matter at County is the 10 County Attorney or the individual specifically identified in Exhibit A. 11 12 8.5. Case monitoring. County will be advised promptly by Attorney of all significant 13 facts and developments in the matter so that County may mange the matter effectively and made 14 informed decisions about strategy, tactics, settlement, scheduling, costs, and other related 15 mutters. County will promptly receive from Attorney copies of all orders, opinions, pleadings, 16 briefs, memoranda (internal and external), correspondence, and any other document material to 17 the subject matter of this Agreement, such that the County will have a current, up-to-date, 18 "mirror" copy of the County's file maintained by Attorney. For discovery materials or exhibits 19 that are lengthy, Attorney should discuss them with County before providing a copy. Documents 20 available in digital electronic/computerized form should be provided in that form in lieu of paper 21 copies. Additionally, Attorney may be required to submit, on a monthly basis, a case status and 22 progress report to be submitted to the Board of County Commissioners. The format of the report 23 shall be in the form required by the County Attorney. 24 25 8.6. Case control. Attorney shall discuss all significant issues of strategy and tactics, 26 including motions, discovery, pleadings, briefs, trial preparation, experts, and settlement, with 27 County before implementation. Attorney is expected to exercise independent professional 28 judgment, but to implement the decisions of County as expressed to the County by the County 29 Attorney. 30 31 8.7. Attorney cooperation. Attorney will cooperate with County or County's 32 representatives to promptly provide all information County requests or needs about the subject 33 matter of this Agreement and Attorney's bills. 34 35 8.8. Counter cooperation. Attorney should consult with County about all 36 opportunities for County to save money or make use of County's expertise to assist in, e.g., 37 responding to discovery, preparing for trial, locating experts, and the like. County may also have 38 personnel and facilities available to reduce the expenses related to the subject matter of this 39 Agreement. 40 41 8.9. Temporary staff, delegation, outsourcing. Attorney will not bill County for the 42 time and expenses of temporary employees, including so-called "Temps" or contract attorneys 43 or other staff from outside companies, nor "outsource" or delegate work, nor charge for summer 44 associates, law clerics, or student clerks, (collectively "temporary staff' even if not temporarily 45 employed) without full advance disclosure of the employee's temporary or short-term status to 46 County, including disclosure of the actual amount paid or to be paid to the individual. Unless 8of15 i County expressly agrees in writing to paying additional amounts after full disclosure by 2 Attorney, Attorney may not charge County more than the actual cost paid by attorney. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9. Confidentiality and public relations: Attorney is not authorized to waive or release any privilege or other protection of information — confidential, secret, or otherwise -- obtained from or on behalf of County. Attorney is to keep all confidential, privileged, or secret information confidential. This requirement is perpetual, i.e., it will continue even after the termination of the relationship and this Agreement. This requirement is also intended to prohibit Attorney from using information obtained from or on behalf of County, including work product prepared at County's expense, for other client's of Attorney or his or her firm, without County's advance written approval. Attorney is not authorized to identify County as a County, e.g., for purposes of marketing or advertising, without County's prior approval. Upon termination of the representation, Attorney agrees to return promptly all information obtained from or on behalf of County to County. Attorney is not authorized to communicate with the public, including the press, about County or this matter without the advance approval of County. 10. Ownership of Attorney files and work product: Attorney understands that all files and work product prepared by Attorney or his or her firm at the expense of County (or for which County is otherwise billed) is the property of County. Without County's prior written approval, this work product may not be used by Attorney or his or her firm nor disclosed by Attorney or his or her firm to others, except in the normal course of Attorney's representation of County in this matter. Attorney agrees that County owns all rights, including copyrights, to materials prepared by County or by Attorney on behalf of County. Attorney shall notify County in writing at least 50 days in advance of destroying any such records and, in the event that County requests that they be preserved, shall preserve them at least one additional year (with County responsible for paying the actual cost of storage). Attorney shall provide County with prompt access to (including the ability to make copies of) all attorney files and work product, regardless of whether the representation or matter is ongoing and whether attorney fees and expenses have been paid in full. 1.1. Dispute resolution: 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. Governing law, modification of this Agreement, entire agreement: This Agreement is to be interpreted in accordance with the laws of Florida and with the ethical requirements of that jurisdiction. The Agreement may not be modified in any way without the express, written agreement of both parties. This represents the entire agreement of the parties. 13. Monroe County Code Ethics provisions: This provision is found in Section 18.8 below. 14. Thne Keeper Defamed: As used in this Agreement, the term "time keeper" shall include Attorney and other attorneys and individuals identified in Exhibit A who will be providing services under this Agreement and who will bill the County for their services in accordance with this Agreement. 9Of15 1 15. Methods of Approval and Consent By County: Any consents or approvals required by 2 this Agreement to be made by the County shall, unless the context expressly states otherwise, be 3 made by the County Attorney or an authorized Assistant County Attorney in written form, to 4 include but not limited to hand-written, typed, or printed notes, electronic mail, letters, or 5 facsimile transmissions. 6 7 16. Florida Government--the-Sunshine Law: Attorney agrees that, unless specifically 8 exempted or excepted by Florida law, the provisions of Chapter 120, Florida Statutes, generally 9 require full and public discussion of matters to be voted upon by the Board of County 10 Commissioners. Attorney agrees to consult with the County Attorney's office concerning the 11 application of the Sunshine law from time to time concerning specific circumstances that may 12 arise duringtheterm of this Agreement. 13 14 17. Florida Public Records Law: Attorney agrees that, unless specifically exempted or 15 excepted by Florida law or Rules and Regulations of The Florida Bar, the provisions of Chapter 16 119, Florida Statutes, generally require public access to all records and documents which may be 17 made or received under this Agreement. Attorney agrees to consult with the County Attorney's 18 office concerning the application of the Public Records Law from time to time concerning 19 specific circumstances that may arise daring the terns of this Agreement. 20 21 18. County's Standard Contract Terms: 22 23 18.1 No Assignments. Without the prior written consent from the County, Attorney 24 shall not assign or transfer this Agreement. 25 26 1.2 Entire Agreement. The entire agreement between the County and Attorney with 27 respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes 28 all prior oral and written proposals and communications between the County and Attorney 29 related to this Agreement. No provision of this Agreement shall be deemed waived, amended or 30 modified by either party unless such waiver, amendment or modification is in writing and signed 31 by the party against whom the waiver, amendment or modification is claimed. This Agreement 32 shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and 33 assigns. 34 35 18.3 Severability, If a term, covenant, condition or provision of this Agreement shall 36 be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the 37 remaining terms, covenants, conditions and provisions of this Agreement shall not be affected 38 thereby; and each remaining term, covenant, condition and provision of this Agreement shall be 39 valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the 40 remaining terms, covenants, conditions and provision of this Agreement would prevent the 41 accomplishment of the original intent of this Agreement. The County and Attorney agree to 42 reform the Agreement to replace any stricken provision with a valid provision that comes as 43 close as possible to the intent of the stricken provision. 44 45 18.4 Captions. The captions set forth herein are for convenience of reference only and 46 shall not define, modify, or limit any of the terms hereof. 10 of 15 1 18.5 governing Law and Venue. This Agreement shall be governed by and construed 2 in accordance with the laws of the State of Florida applicable to contracts made and to be 3 performed entirely in the State. Venue for any legal action which may arise out of or under this 4 agreement shall be in Monroe County, Florida. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1.5.1 Conflicts in interpretation. The County and Attorney agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between them, the final interpretation by the County shall apply. 18.5.2 Adjudication of Disputes and Disagreements. The County and Attorney agree that all disputes and disagreements between them shall be attempted to be resolved by a meet and confer session between representatives of the County and Attorney. If the issue or issues are still not resolved to the satisfaction of both within 30 days after the meet and confer session, then either shall have the right to seek such relief as may be provided by this Agreement or by Florida law. 18.5.3 Cooperation. 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. The County and Attorney each agree that neither shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. 1.5.4 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. 18.6 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 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 usual and customary procedures required by the circuit court of Monroe County. 18.7 Records. Attorney shall maintain all boobs, records, and documents directly pertinent to performance under this Agreement, including the documents referred to in Sections 11 of 15 1 5.4 and 10 of this Agreement, in accordance with generally accepted accounting principles, 2 consistently applied. Upon ten (10) business days written notice to the other, representatives of 3 either the County or Attorney shall have access, at all reasonable times, to all the other party's 4 books, records, correspondence, instructions, receipts, vouchers and memoranda (excluding 5 computer software) pertaining to work under this Agreement for the purpose of conducting a 6 complete independent fiscal audit. Attorney shall retain all records required to be kept under this 7 Agreement for a minimum of five years, and for at least four years after the termination of this 8 agreement. Attorney shall keep such records as are necessary to document the performance of the 9 agreement and expenses as incurred, and give access to these records at the request of the 10 County, the State of Florida or authorized agents and representatives of said government bodies. 11 It is the responsibility of Attorney to maintain appropriate records to insure a proper accounting 12 of all collections and remittances. Attorney shall be responsible for repayment of any and all 13 audit exceptions which are identified by the Auditor General for the State of Florida., the Clerk of 14 Court for Monroe County, the Board of County Commissioners for Monroe County, or their 15 agents and representatives. 16 17 18.7.1 Public Access. The County and Attorney shall allow and permit 18 reasonable access to and inspection of, all documents, papers, letters, or other materials subject to 19 the Florida Public Records Law, as provided in Chapter 119, Florida Statutes, and made or 20 received by the them, unless specifically exempted by State Statute, Rules and Regulations of 21 The Florida Bar, or case law. County shall have the right to cancel this agreement upon violation 22 of this provision by Attorney. 23 24 18.8 Monroe County Code Ethics Provision. Attorney warrants that he has not 25 employed, retained or otherwise had act on his behalf any former County officer or employee in 26 violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation. 27 of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County 28 may, at its discretion, terminate this Agreement without liability and may also, at its discretion, 29 deduct groin the sums owed under the Agreement, or otherwise recover, the full amount of any 30 fee, commission, percentage, gift, or consideration paid to the former or present County officer 31 or employee. County employees and officers are required to comply with the standards of 32 conduct delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation 33 or acceptance of gifts, doing business with one's agency, unauthorized compensation, misuse of 34 public position, conflicting employment or contractual relationship, and disclosure of certain 35 information. 36 37 18.9 Authority. Attorney warrants that he and the authorized time keepers are authorized by 38 law and the Rules and Regulations of The Florida Bar to engage in the performance of the 39 activities encompassed by this Agreement. If Attorney is a member of a law firm, either as 40 partner, shareholder, associate, or other relationship, Attorney warrants that he is authorized to 41 enter into this Agreement by Attorney's law firm_ 42 43 18.10 Public Entity Crime Statement. Florida law provides that person or affiliate 44 who has been placed on the convicted vendor list following a conviction for public entity crime 45 may not submit a bid on an agreement to provide any goods or services to a public entity, may 46 not submit a bid on a agreement with a public entity for the construction or repair of a public 12 of 15 I building or public work, may not submit bids on leases of real property to public entity, may not 2 be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a 3 agreement with any public entity, and may not transact business with any public entity in excess 4 of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 5 months from the date of being placed on the convicted vendor list. Attorney warrants the neither 6 Attorney nor any authorized time keeper has been named to the convicted vendor list. 7 8 18.11 Anti -kickback. Attorney warrants that no person has been employed or retained 9 to solicit or secure this Agreement upon any contract or understanding for a commission, 10 percentage, brokerage or contingent fee, and that no employee or officer of the County has any 11 interest, financially or otherwise, in this Agreement, except as expressly stated herein. For 12 breach or violation of this warranty, the County shall have the right to annul this agreement 13 without liability or, in its discretion, to deduct any sums to be paid by County under this 14 Agreement, or otherwise recover, the full amount of such commission, percentage, brokerage or 15 contingent fee. 16 17 18.12 Modifications and Amendments. Any and all modifications of the terms of this 18 agreement shall only be amended in writing and executed by the Board of County 19 Commissioners for Monroe County and by Attorney. 20 21 18.13 Independent Contractor. At all times and for all purposes hereunder, Attorney is 22 an independent contractor and not an employee of the Board of County Commissioners of 23 Monroe County. No statement contained in this Agreement shall be construed so as to find 24 Attorney or any of the authorized time keepers, to be the employees of the Board of County 25 Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or 26 benefits of employees of Monroe County. 27 28 18.14 Compliance with Law. In carrying out Attorney's obligations under this 29 agreement, Attorney shall abide by all statutes, ordinances, rules and regulations pertaining to or 30 regulating the provisions of this Agreement, including those now in effect and hereafter adopted. 31 Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach 32 of this Agreement and shall entitle the County to terminate this Agreement immediately upon 33 delivery of written notice of termination to Attorney. 34 35 18.15 Licensing and Permits. Attorney warrants that Attorney shall have, prior to 36 cornmencement of work under this agreement and at all times during said work, all required 37 licenses and permits whether federal, state, County or City. 38 39 18.16 Non -Discrimination. Attorney shall not discriminate, in its employment practices 40 and in providing services hereunder, on the basis of race, color, sex, religion, disability, national 41 origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and 42 shall abide by all federal and state laws regarding non-discrimination. Upon a determination by 43 a court of competent jurisdiction that such discrimination has occurred, this Agreement 44 automatically tem-finates without any further action by the County, effective the date of the court 45 order. Attorney is aware of the provisions of Section 13-101 through 13-106, Monroe County 46 Code, relating to non-discrimination, and agrees to abide by the Code's non-discrimination 13 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 requirements. 18.17 Claims for State or Federal Aid. The County and Attorney agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to fiirther the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations by Attorney shall be approved by the County prior to submission. 18.18 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. 18.19 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. 18.20 Signatures of Parties Required. This Agreement shall not be effective until executed by both County and Attorney and received in final executed form by an authorized representative of County. 18.21 County Authority. This Agreement has been approved at a duly noticed and legally held public meeting conducted in Monroe County, Florida. 18.22 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. 18.23 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. 14 of 15 1 2 3 4 5 6 7 8 9 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIS AGREEMENT has been signed and executed by the Board of County Commissioners of Monroe County, Florida, and has been signed and executed by Attorney, on the dates indicated below. Witnesses for Attorney: ATT® By: Signature ELL D. B N, Esquire Rogers "Powers, P.A. 1301 Riverplace Blvd., Suite 1500 Printed Name Jacksonville, EL 32207 904.3 6.5537 (Direct Line) 904.396.0663 (Facsimile) Signature Date - Printed Dame MONROE COUNTY ATTORNEY AP ROV D AS TO FORM: JOHN R. COLLINS POUNTY 9TTORNEY Data so C3 t� a � ��L 15Of15 AGREEMENT NUMBER: CAY CON 2005-10-01 EXHIBIT A References: 3.: Provide consultation services to Monroe County in connection with a review of the current land development regulations pertaining to signage, and possible amendments and/or modifications thereto, in connection with First Amendment and other issues. Representation shall include review of the comprehensive plan, future land use element, FLUM, zoning reap, existing sign code, zoning regulations, preparation of a draft of a new ordinance, meeting with appropriate staff for review, preparation of a final draft to be presented at public hearings, attendance at a Planning Commission Meeting, attendance at County Commission Meeting(one or two). This is not a litigation matter. 4.: Attorney's Hourly Fee Rate: $225.00 per hour (discounted from $290.00) The total billing for all timekeepers for the matter described above shall not exceed Twelve Thousand Five Hundred Dollars ($12,500.00). 4.4: Approved Additional Time Keepers: Name: Elizabeth M. Rudd, Paralegal Hourly Rate: $95.00 (discounted from $110.00) Ruth A. Holmes, Sr. Assoc. $170.00 (discounted from $175.00 8.4: County Point of Contact: Date Susan M. Grimsley Assistant County Attorney P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) Grimsley-susan[}a,monroecouM-fl. gov County Representative o, Date Meeting Date: December 19 2007 -MAR Division County Attorney_ Bulb Item: Yes No Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval of a resolution rescinding Resolution No. 425-2007 and directing the Supervisor of Elections of Monroe County to place on the January 29, 2005 Presidential Preference Primary Election Ballot a referendum question as set forth in this resolution concerning whether the School Board of Monroe County should be authorized to continue to levy a .5 mill ad valorem tax. ITEM BACKGROUND: Requested by Monroe County School District. BOCC approved Resolution No. 425-2007 with the language provided by the School Board, The School Board subsequently advised the ballot language provided in Resolution 425-2007 is incorrect and must be changed. PREVIOUS RELEVANT BOCC ACTION: 11/14/07 Approved Resolution No. 425-2007. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETER: Yes No SOURCE OF FUNKS: NIA VENUE PRODUCING: Yes _NoAMOUNT PER MONTH Year *---0MB/Purchasing APPROVED BY: County Atty Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # WHEREAS, pursuant to Section 1011.73(2) and (3), Florida Statutes, the School Board of Monroe County, Florida, in Resolution No. 686 adopted October 23, 2007, requested the Monroe County Board of County Commissioners direct the Supervisor of Elections to place on the January 29, 2008 Presidential Preference Primary Election Ballot a referendum question concerning whether the School Board of Monroe County should be authorized to levy a .S mill ad valorem tax; and WHEREAS, the Monroe County Board of County Commissioners approved Resolution No. 425--2007 as presented by the School Board of Monroe County, Florida at their regularly scheduled meeting held November 14, 2007; and WHEREAS, the School Board of Monroe County has subsequently advised the ballot language provided for approval in Resolution No. 425-2007 is incorrect and must be changed to reflect the ballot language set forth in this resolution; Ur "IFUIR 1"I, jqg% 1 ; 1, Section 1: Resolution No. 425-2007 is hereby rescinded. Section 2: Pursuant to Sec. 1011.73(2)(3) and (4)(a)(b), Florida Statutes, the Supervisor ofElections of Monroe County, Florida is hereby directed to place on the ballot of the Presidential Preference Primary Ballot Election to be held January 29, 2008, the following proposition, in both English and Spanish, to be voted upon by the voters of Monroe County, Florida: The District's objective is to continue to make available a portion of the existing capital ad valorem tax levy for operations — such as teachers, school nurses and classroom materials. The District intends to continue its reduced millage for capital projects, and continue to make available the equivalent amount for operations. Shall the District continue to enact a yearly ad valorem tax of . S mill, for four years beginning July 1, 2008 for operating purposes? YES NO Section 2: The Supervisor is further directed to require the School Board to obtain pre -clearance from the U. S. Department of Justice before placing the referendum on the January 29, 2008 ballot. Section 3: The Clerk is hereby directed to send a certified copy of this resolution to Harry Sawyer, Supervisor of Elections, 530 Whitehead Street, #101, Key West, FL 33040. Passed and adopted by the Monroe County Board of Commissioners at a meeting held this 19th day of December, 2007. Mayor McCoy Mayor Pro Tem Di Gennaro Commissioner Spehar Commissioner Murphy Commissioner Neugent (Seal) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA In ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Mayor Charles "Sonny" McCoy NIONROE COUNTY ATT E APf, VED AST RM- (;AN EA. TfTON COUNTY TOR E Date Page 1 of 1 Peters -Katherine From: Peters -Katherine Sent: Wednesday, November 21, 2007 2:04 PM To. `Scott Black' Cc: Hutton -Suzanne; Shillinger-Bob; Cyr -Connie; dsmits@florida-law.com Subject: Agenda Item Re: Approval of Resolution Rescinding Resolution 425-2007 approved 11/14/07 and directing SOE Attachments: MCSB Resolution Rescinding Res 425-1007 Re .5 Mill Ref.pdf Good afternoon Mr. Black — pursuant to our phone conversation and emails, attached please find the Agenda Summary and Resolution rescinding Resolution 425-2007 approved 11/14/07 by the BOCC and directing SUE to place the revised language provided by you yesterday afternoon via email on the January 29, 2008 Presidential Preference Primary Election Ballot. The County Attorney has reviewed and stamped the Resolution and signed off on the Agenda Summary for placement on the December 191` BOCC Regular Meeting agenda as a County Attorney item. As you can see by the agenda back-up, the fully executed Resolution No. 425-2007 has not yet been received by this office from the Clerk. Once the fully executed copy has been received, the back-up will be updated. This is for your use and information. Have a wonderful Thanksgiving! 11 /21 /2007 Page 1 of 1 Peters -Katherine From: Scott Black [sblack@floc da-law.com] Sent: Tuesday, November 20, 2007 3:45 PM To: Peters -Katherine Cc: dsmits@Florida-law.com Subject: Corrected Resolution language Attachments: AGENDA SUMMARY_School_Board_Res_re_ballot[corrected].DOC; Draft Resolution—School_Bd_Direct_SOE_re_ballot[corrected].doc Kathy: Attached is the corrected County Resolution and Agenda Rationale. Please let me know if you can squeeze it on the December 5th Workshop or whether it will go on for Dec 19th. You will have to add language to the rationale and resolution indicating the new resolution rescinds and replaces the prior one. Thanks for your help. Scott C. Black District Legal Dept. 11/20/2007 RESOLUTION NO. 425 ® 2007 WHE AS, pursuant to Section 1011.73(2) and (3), Florida. Statutes, the School Board of Monroe County, Florida, in Resolu ion No. 686 adopted October 23, 2007, has requested that the Board of County Commissioners direct the Supervisor of Elections to place on the January 29, 2008 Presidential Preference Primary Election Ballot a referendum question concerning whether the School Board of Monroe County should be authorized to levy a .5 mill ad valorem tax; WAITHITHE Section 1: Pursuant to Sec. 1011.73(2)(3) and (4)(a)(b), Florida Statutes, the Supervisor of Elections of Monroe County, Florida is hereby directed to place on the ballot of the Presidential Preference Primary Ballot Election to be held January 29, 2008, the following proposition, in both English and Spanish, to be voted upon by the voters of Monroe County, Florida: The district's existing ad valorem tax can be used for capital purposes ONLY. The district's intent is to provide for a shift to continue to enable the district to obtain additional funding for operations such as teachers and classrooms — by reducing millage for capital projects, and enacting the following for tax operations: Shall the district enact a yearly ad valorem tax of .50 mill, for four years beginning July 1, 2008, for operating purposes, thus keeping the millage at the current rate? YES NO Section 2: The Supervisor is further directed to require the School Board to obtain pre- clearance from the U. S_ Department of Justice before placing the referendum on the January 29, 2008 ballot. Section 3 : The Clerk is hereby directed to send a. certified copy of this resolution to Larry Sawyer, Supervisor of Elections, 530 Whitehead Street, #101, Key West, FL 33040. Passed and adopted by the Monroe County Board of Commissioners at a meeting held this 14th day of November, 2007. (Seal) Mayor Yes Mayor Pro Tem. DiGennaro Yes Commissioner spl Dhar Yes Commissioner Murphy Yes Connyfissioner Neugent Yes Deputy Clerk 2 COUNTY,MONROE ORID M MONRO COUNT i NE APP. i B N'r G. GHIL.L_IN R, R. Meeting Date: December 17, 2007 Division: COUNTY ATTORNEY Bulk Item: Staff Contact Person: Natileene Cassel Telephone No. 305-292-3470 AGENDA ITEM WORDING: Approval of Utility Easement by and between Monroe County and Florida Keys Electric Co -Op for the Murray E. Nelson Building. ITEM BACKGROUND: A utility easement is required for the electrical lines for construction of the Murray E. Nelson Building which will run across property owned by Monroe County. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval. REVENUE PRODUCING: YES NO X AMOUNT PER MONTH Year APPROVER BY: County Atty OMIi/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA Item# MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keys Electric CO-OP Contract # Effective Date: 12-17-07 Expiration Date: Contract Purpose/Description: Provide and electric easement to Florida Keys Co-op across Coutny Property for contruction of the Murray E. Nelson Building. Contract Manager: Kevin Wilson Faxcilites Development (Name) (Ext.) (Department/Stop #) for BOCC meeting on 12-17-07 Agenda Deadline: 12- CONTRACT COSTS Total Dollar Value of Contract: $ 0 Current Year Portion: $ 0 Budgeted? Yes❑ No ❑ Account Codes: NA- - - - Grant: $ From - - - -_ County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $0/yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, salt I Division Director I Risk Management I O.M.B./Purchasing I County Attorney I Comments: CONTRACT REVIEW Changes Date In Needed Yes❑ No❑ Yes❑ No❑ Yes❑ No❑ Reviewer Date Out 11-30.(>9 Yes[-] No[- ,L6� . 7raSe,/9 // -3v-v OMB Form Revised 2/27/01 MCP #2 This instrument is prepared by, or under the direction of. Natileene W. Cassel, Esq. FBN 365785 Assistant County Attorney Office of the Monroe County Attorney P.O. Box 1026 Key West, FL 33041-1026 RE number: 00543060-000000 Utility Easement THIS UTILITY EASEMENT is made this day day of , 2007 by and between Monroe County, a political subdivision of the State of Florida, ("Grantor") and Florida Keys Electric Co -Op (Grantee). 1. Grantor is the fee simple owner of the property described as See Composite Exhibit "A", recorded at OR Book 2025, Page 899 of the Public Records of Monroe County, Florida (the "Property"), and does hereby warrant title to the land hereindescribed, and will defend the same against the lawful claims of all persons. 2. For good and valuable consideration, the sufficiency of which is hereby acknowledged, Grantor grants to Florida Keys Electric Co -Op, ("Grantee"), its successors and assigns, agents, guests and invitees, a perpetual utility easement as drawn on Exhibit "A" hereto (the "Easement") under, over, across, and below the Property. 3. Grantee, its agents, successors and assigns shall have the right to install, construct, maintain, locate, repair, replace, remove, and inspect power lines and poles, and facilities and other comparable public utilities, together with the rights of ingress and egress thereon. 4. Grantee's right to utilize the easement area shall be exclusive to the extent that Grantor shall grant no other easement or license, or make any other covenant, having the effect of permitting the use of the easement area by someone other than Grantee. 5. Grantee shall not construct, place, or allow the placing or construction of any obstruction that would interfere with the Grantee's safe or proper installation, operation, maintenance, inspection or removal of power lines and poles, and facilities and other comparable public utilities, and all appurtenances thereto. Grantee shall have the right to remove any natural or man-made obstructions placed on the easement, which impede the easement herein granted. Grantor shall have the right to make any other use of the easement area that does not interfere with the Grantee's rights. 6. Grantee shall bear the cost of any relocation or modification of said facilities when the change is necessitated by Grantee's requirements or those of any third party other than the Grantee. 7. Grantee shall hold Grantor harmless for the acts and omissions of its officers, employees, agents and contractors, and upon the representation that Grantee is a political subdivision as defined by Florida Statutes shall maintain suitable Public Liability insurance or shall be self -insured, in amounts adequate to respond to any and all claims within the limitations of Florida Statutes section 768.28. 8. This easement will run with the land in perpetuity and will be binding on and will inure to the benefit of the parties hereto. 9. The Grantor warrants that it has full power of authority to grant this easement. In Witness Whereof, Grantor and Grantee have hereunto set their hands and seals on the day and year first above written. [SEA]L] ATTEST: Danny L. Kohlage, Clerk By: Deputy Clerk WITNESSES: Sign Name: Print Name Sign Name: Print Name STATE OF FLORIDA COUNT' OF MONROE (GRANTOR) Board of County Commissioners of Monroe County, Florida By: Charles "Sonny" McCoy, Mayor Title The foregoing instrument was acknowledged before me this day of 2007, by , whose is on behalf of FLORIDA KEYS ELECTRIC CO-OP, who is personally known to me/has produced as identification. My Commission Expires: Notary Public W a= -j z tu rr- QO cno Qo < X� C ut�3 O ; LU cam) u,o�z Z< 0 z� 9 d Q Paget of 2 LAND DESCRIPTION MURRAY NELSON GOVERNMENT CENTER UTILITY EASEMENT A parcel of land lying in a portion of the North 1/2 of Tract 8 "SECOND AMENDED AND REVISED PLAT OF LEE SHORES" according to the Plat thereof, as recorded in Plat book 2, on Page 97, of the Public Records of Monroe County, Florida, and a portion of " PARCEL A", which is a parcel of land lying within the Right -of -Way of Florida State Road No. 5 in Section 22, Township 61 south, Range 39 East, Monroe County, Florida as shown on the Florida Department of Transportation Right -of -Way map for State Road No. 5 and labeled Section 90060-2516, sheet No. 24 of 34 sheets. Parcel being more particularly described as follows: Commence at the Southeast corner of the Northerly 1/Z of Tract 8, thence N37°22'34"E along the Southeasterly property line of Tract 8, also being the Northwesterly Right-of-way line of State Road No. 5, for 32.25 feet to the Point of Beginning of the portion of land being described; thence at an angle deflected to the Left 87' for 14.00 feet; thence at an angle deflected to the right 87' for 10.00 feet; thence at an angle deflected to the right 93' for 63.30 feet to the Southeasterly Right -of -Way line of State Road No. 5; thence at an angle deflected to the right 87' bearing S37°22'34"W along said Right-of-way for 6.20 feet; thence at an angle deflected to the right 127° for 6.20 feet; thence at an angle deflected to the right 145' for 45.23 feet back to the Point of Beginning. Containing +1- 868 sq. ft. COMPOSITE EXHIBIT 'W' c o� COMPOSITE EXHIBIT "A7 cn m ! u, .p !� W o a C7 'P ti O clt I CJ'I C7 o cs i I � I I �cr) I ``') 1 I 1 1 1 1 1 co 1 1 1 [ I l€ E[ I f I Ii 3 N MO. Page 1 of 1 COMPOSITE EXHIBIT 99A°" http://www.mcpafl.org/outpuUpalxnis—MAPSERVER240830722793.jpg 11/30/2007 BOARD OF COUNTY COMMISSION AGENDA ITEM SUMMARY Meeting Date: 12/19/07 - Marathon Division Cougty Attorne 's Office Bulk Item: Yes X No Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval to advertise a public hearing for an Ordinance to clarify appointment authority of the Shared Asset Forfeiture Fund Advisory Board and specify length of terms of members. ITEM BACKGROUND: During the course of review of the ordinance with the Sheriffs counsel, it was noted that the appointment process is not consistent with the principle that the County Commission may not delegate its discretionary authority, and that there was no provision for the terms of the members. PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 30-2000, establishing the advisory board and its functions. CONTRACTAGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval. TOTAL COST: L BUDGETED: COST TO COUNTY: N/A 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 DISPOSITION: AGENDA ITEM # Revised 2/05 JEl VA 4, 1I WHEREAS, the Monroe County Board of County Commissioners, in Ordinance No. 30- 2000, established the Monroe County Shared Asset Forfeiture Fund Advisory Board (board) for the purpose of conducting public hearings and making recommendations to the board of county commissioners regarding the expenditure of funds in the sheriff's shared asset forfeiture fund (SAFF) account, as codified in Monroe County Code Section 2-601, et. seq.; and WHEREAS, the ordinance provided for two members of the advisory board to be appointed by the Sheriff; and WHEREAS, the Board of County Commissioners may not delegate their discretion to make appointments to advisory boards without setting up an appointment process with such detailed criteria as to remove discretion from the process; and WHEREAS, it is deemed in the best interests of the public to clarify the authority for appointment of members to the advisory board, and their terms of appointment; now therefore, ItE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROP O€.-'3IA. Section 1. Sec. 6-201(b), Monroe County Code is hereby amended to read as follows: (b) The board consists of seven (7) members appointed by the Board of County Commissioners upon the following nominations: One (1) wed nominated by each county commissioner and two (2) appoinl-e4 nominated by the sheriff. A. vacancy shall be filled by nomination by the commissioner for the district or the sheriff, who made the previous appointment for the vacant seat. Each member shall serve a two year term and may be reappointed without limitation on the number of consecutive terms served. The sheriff's general counsel is the counsel to the board. The sheriff shall furnish a secretary to board to keep the minutes and records of the board. The sheriff is the custodian of the board's records. The board must annually elect a chairman and vice chairman_ The board may adopt such rules of procedure as it deems necessary and may amend such rules from time to time. The board members are not entitled to any compensation for their service on the board but are entitled to reimbursement for expenses pursuant to F.S. § 112.061. Section 2. This Ordinance shall take effect on , provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. SAFF Adv Bd Ordinance 2008 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the —th day of , 2008. Mayor Charles "Sonny" McCoy Mayor Fro Tem Mario DiGennaro Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie M.Spehar (SEAL) Attest: DANNY L. KOLHAGE, Clerk By.._ Mayor/Chairperson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk SAFF Adv Bd Ordinance 2008 2 Meeting Date: 12/19/07 -Marathon Bulk Item: Yes X No Division County Attorney's Office Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval to advertise a public hearing for an Ordinance to impose a ninth -cent local option motor and special fuel ("gas") tax. ITEM BACKGROUND: The County imposes a six -cent local option gas tax on motor fuel. The State mandates a County fuel tax on diesel fuel under FS 206.87 and the County gets a portion of that from the State. At the November 14, 2007, meeting of the BOCC, discussion was held concerning the depletion of the County's gas tax reserves due to increased costs, the state legislature's limitations on ad valorem taxation, and the inability of the County to continue to service the road and bridge system and to conduct critical renovations for bridges nearing their 50-year life span. Options were provided to the BOCC to increase the gas tax or to levy special assessments. The BOCC directed staff to pursue the gas tax increase. PREVIOUS RELEVANT BOCC ,ACTION: Ordinance No. 16-1989 approving extension of the six -cent "gas" tax authorized by F.S. 336.025(l)(a). CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes _ No COST TO COUNTY:- A SOURCE OF FUNDS: VENUE PRODUCING: Yes /No AMOUNT PER MONTH Year �o 0, 0o'? APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDAITEM# Revised 2/05 WHEREAS, Florida Statute Section 206.41(1)(d) authorizes counties to impose a tax of one cent per net gallon on motor fuel, known as the "ninth -cent" fuel tax to be levied and used as provided in F.S. 336.021; and WHEREAS, Florida Statute Section 206.87(1)(b) mandates a "ninth -cent" fuel tax to be levied on diesel fuel, to be levied and distributed according to F.S. 336.025; and WHEREAS, the County has been receiving from the State a distribution of the mandate fuel tax on diesel fuel; and WHEREAS, current gas tax expenditures cover Maintenance, Engineering, Street Lights and Traffic Signal, distribution to municipalities, 7-year plan and cost allocation; WHEREAS, the gas tax fund balance has been steadily declining since FY 2001 due to annual expenditures exceeding annual revenues; and WHEREAS, Monroe County maintains 389 miles of roads in the unincorporated county and resurfaces those roads as needed; WHEREAS, there are 28 bridges in the unincorporated county which are maintained by the County and most of those bridges were built in the 1960s with a 50 year life span; and WHERI +AS, there are approximately 10 years left with no funds available for major renovations necessary to extend the useful lives of the bridges which are maintained by the County; WHEREAS, drainage systems need to be added or restored, requiring reconstruction and resurfacing of roads; and WHEREAS, road resurfacing has been temporarily delayed in some areas of the unincorporated county due to new sewer systems and resurfacing will be needed in the near future; and Ninth Cent Fuel Tax Ordinance 2008 WHEREAS, the County is seeking to enact an ordinance imposing an additional five (5) cents local option fuel tax to generate approximately $250,000.00 per penny (or $1,250,000.00) per year; and WHEREAS, an additional ninth -cent local option fuel tax on motor fuel is needed to provide funding, particularly for the renovations of the bridges and other critical major renovations of roads; and WHEREAS, an additional ninth -cent local option fuel tax on motor fuel can be accomplished by a majority plus one vote of the BOCC or by an ordinance creating a referendum on the November 2008 ballot; and WHEREAS, implementation of an additional gas tax will spread the costs to both residents and visitors using the County's roads as opposed to special assessments which would place the full burden on County residents; and WHEREAS, unless a revenue source additional to the existing local option fuel tax can be secured, the current level of services will have to be reduced and the delay for needed road restorations and reconstructions and necessary revitalization of bridges will continue; now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS for MONROE COUNTY, FLORIDA that: SECTION 1, Section 2-321, Monroe County Code is hereby created to read: 2-321. NINTH -CENT MOTOR FUEL TAX. a IMPOSITION. Under the authority of F.S. 336.021 1 A effective January 1 2009 there is hereby imposed a one cent gas tax to be designated the "ninth -cent fuel tax," upon eveLy gallon of motor fuel sold in the County and taxed under the provisions of part I or part 11 of Chapter 206, F1a.Stat. b COLLECTION. The tax in this section shall be collected and remitted according to the. procedure in F.S. 336.021. c EFFECTIVE PERIOD. The tax levied in Section 2-321 shall commence on January 1 2009 and be in effect fora period of thirty 30 ears unless repealed by the Board of Count Commissioners, provided that „no repeal shall in any circumstances materially or adversely affect the rights of the holders of bonds backed by the tax and outstanding on the effective date of the repeal. d) EXPENDITURES. The proceeds of the tax shall only be used for transportation expenditures as defined by Florida Statute Section 336.025(7) and which are: 1 Public transportation operations and maintenance; 2 Roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such e ui ment, 3 Roadwa and ri ht-of-wa drainage• Ninth Cent Fuel Tax Ordinance 2008 2 (4) Street lighting; 5 Traffic signs, traffic en 'neerin signalization and pavement markings., � (4) Bridge maintenance and operation; (5) Debt service and current expenditures for transportation capital proiects in the foregoing program areas. SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on , provided that this Ordinance shall be filed with the Department of State as provided in section 125.65(2), Florida Statutes. SECTION 8. FILING CERTIFIED COPY WITH STATE. In addition to filing a copy of this Ordinance with the Department of State, the Clerk shall notify the Florida Departments Environmental Protection and Revenue of the adoption of the ordinance, including providing certified copies of the ordinance thereto, within ten days after the adoption of the ordinance. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _th day of , 2008. Mayor Charles "Sonny" McCoy _ Mayor Pro Tern Mario DiGennaro _ Commissioner Sylvia Murphy _ Commissioner George Neugent _ Commissioner Dixie M. Spehar _ (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson Ninth Cent Fuel Tax Ordinance 2008 ONROF rOl HNTV ATTOR P. TO F E ., �.IiU1TON 3 COUNTYAT RN BOARD OF COUNTY COMMISSION AGENDA ITE M SUMMARY Meeting Date: 12/19/07 - Marathon Division County Attarney's Office Bulk Item: Yes X No Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval to advertise a public hearing for an Ordinance to impose a five -cent local option motor and special fuel ("gas") tax; to clarify the statutory authority for the existing six -cent "gas" tax, and to revise the distribution language for the existing "gas" tax since municipalities have incorporated since the prior ordinance was enacted. ITEM BACKGROUND: In 1983, the County imposed a four -cent "gas" tax, and imposed an additional two -cent tax in 1985, which were combined into the current six -cent tax in 1989. At the November 14, 2007, meeting of the BOCC, discussion was held concerning the depletion of the County's gas tax reserves due to increased costs exceeding the gas tax revenues in the last few years, the state legislature's limitations on ad valorem taxation precluding drawing upon that source to make up any shortfall, and the inability of the County to continue to service the road and bridge system and to conduct critical renovations for bridges nearing their 50-year life span. Options were provided to the BOCC to increase the gas tax as authorized by F.S. 336.025(1)(b) or to levy special assessments. The BOCC directed staff to pursue the gas tax increase. PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 16-1989 approving extension of the six -cent "gas" tax authorized by F.S. 336.025(1)(a). CONTRACTAGREEMENT CHANGES: NA 'ST711-1-RT42� T k • i TOTAL COST: N/A COST TO COUNTY: NLA BUDGETED: Yes No VENUE PRODUCING: Yes No — AMOUNT .PER MONTH Year PROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDAITEM# Revised 2/05 WHEREAS, Monroe County currently imposes a six -cent local option gas tax upon every gallon of motor fuel and special fuel sold in the County pursuant to Florida Statute Section 336.025(1)(a) and Monroe County Code Section 2-315, et. seq.; and WHEREAS, the municipalities of lslamorada and Marathon incorporated subsequent to the passage of Ordinance No. 16-1989, as codified in Monroe County Code Section 2-315, et. seq.; and WHEREAS, current gas tax expenditures cover Maintenance, Engineering, Street Lights and Traffic Signal, distribution to municipalities, 7-year plan and cost allocation; WHEREAS, the gas tax fund balance has been steadily declining since FY 2001 due to annual expenditures exceeding annual revenues; and WHEREAS, Monroe County maintains 389 miles of roads in the unincorporated county and resurfaces those roads as needed; WHEREAS, there are 28 bridges in the unincorporated county which are maintained by the County and most of those bridges were built in the 1960s with a 50 year life span; and WHEREAS, there are approximately 10 years left with no funds available for major renovations necessary to extend the useful lives of the bridges which are maintained by the County; WHEREAS, drainage systems need to be added or restored, requiring reconstruction and resurfacing of roads; and Gas Tax Ordinance 2008 1 WHEREAS, road resurfacing has been temporarily delayed in some areas of the unincorporated county due to new sewer systems and resurfacing will be needed in the near fixture; and WHEREAS, an additional five (5) cents local option fuel tax would generate approximately $250,000.00 per penny (or $1,250,000.00) per year; and WHEREAS, an additional local option fuel tax can be accomplished by a majority plus one vote of the BOCC or by an ordinance creating a referendum on the November 2008 ballot; and WHEREAS, implementation of an additional gas tax will spread the costs to both residents and visitors using the County's roads as opposed to special assessments which would place the full burden on County residents; and WHEREAS, unless a revenue source additional to the existing local option fuel tax is secured, the current level of services will have to be reduced and delays for road restorations and reconstructions and necessary revitalization of bridges will continue; now therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS for MONRO'113 COUNTY, FLORIDA that: i SECTION 1. Section 2-315, Monroe County Code shall be amended to read: 2-315. Under the authority of Florida Statutes section 336.025 1 a , effective September 1, 1989, there is hereby imposed a six -cent gas tax upon every gallon of motor and special fuel sold in Monroe County, including the municipalities therein, and taxed under the provisions of part I or part II of chapter 206, Florida Statutes. SECTION 2. Section 2-319, Monroe County Code shall be amended to read: Sec. 2-319. Distribution of proceeds. (a) The proceeds of the tax levied in section 2-315 shall be distributed among Monroe County, the City of Islamorada the City of Key West, the City of Key Colony Beach, a -ad the City of Layton _ y end the City of Marathon based on mterlocal agreements or F.S. 336.0255 absent_ interlocal agreements. . ' ' G r v OrG O G' - 1011 'r_A WT i Gas Tax Ordinance 2008 2 (ebl No recalculation of the tax distribution shall under any circumstances adversely affect the rights of holders of bonds outstanding on July 1, 1990, which are backed by the tax authorized by this article; and the amounts distributed to Monroe County and each municipality shall not be reduced below the amount necessary for the payment of principal and interest and reserves for principle interest as required under the covenants of any bond resolution outstanding on July 1, 1.990. SECTION 3. Section 2-320, Monroe County Code is hereby created to read: 2-320. SEVENTH THROUGH ELEVENTH CENT MOTOR AND SPECIAL FUEL " a IMPOSITION. Under the authority of F.S. 336.025 1 effective January 1 2009 there is hereby imposed a five cent gas tax upon.every gallon of motor fuel andspecial fuel sold in the Counjy and taxed under the provisions of part I or part 11 of Chapter 206 F1a.Stat. b COLLECTION. The tax in this section shall be collected and remitted according to the procedure in F.S. 336.025(2). c EFFECTIVE PERIOD. The tax levied in Section 2-320 a shall commence on January 1 2009 and be in effect fora period of thirty 30 ears unless repealed by the Board of County Commissionersprovided that no repeal shall in any circumstances materially or adversely affect the rights of the holders of bonds backed by the tax and outstanding on the effective date of the repeal. d EXPENDITURES. The proceeds of the tax shall only be used for transportation ex enditures as defined by state statute and which are: 1 Roadway and right-of-way reconstruction renovation resurfacing, paving of existing graded roads, and egluipment; 2 Roadway and right-of-way drainage; 3 Installation of street lighting and traffic signs, traffic engineering, signalization and pavement markings, 4 Brill e renovation restoration, and re avin 5 Debt service for transportation capital projects, including construction or reconstruction of roads and brill es. The revenues from the tax levied in section 2-320 a may be pledged to secure the payment of bonds. In the event such bonds are to be issued the count or the municipalities may use the services of the Division of Bond Finance of General Services pursuant to the State Bond Act to issue any bonds under the provisions of this article and F.S. section 336.025 b . Bonds may be issued only once per year. Monroe County and any of the municipalities listed in section 2-320 e ..may join together to issue bonds under this article; or (6) All other purposes allowed by state statute. e DISTRIBUTION TO MUNICIPALITIES. The County may, at anytime, enter into an interlocal agreement with any or all of the municipalities in the County in order to provide for the distribution of the tax pLoceeds between the County and the -municipality or municipalities. Gas Tax Ordinance 2008 3 No tax proceeds distributed to a municipality may be used for Durposes other than those described in Section 2-320(d) above. The proceeds of the tax levied in section 2-320(a) shall. be distributed among Monroe County, the City of Islamorada, the City of Key West, the City of Key Colony Beach, the City of Layton, and the City of Marathon. pursuant to interlocal agLreements or F.S. 336.0255. SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on , provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. SECTION 8. FILING CERTIFIED COPY WITH STATE. In addition to filing a copy of this Ordinance with the Department of State, the Clerk shall notify the Florida Departments Environmental Protection and Revenue of the adoption of the ordinance, including providing certified copies of the ordinance thereto, within ten days after the adoption of the ordinance. PASSED AND ADOF'TED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the —th day of , 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario DiGennaro Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie M. Spehar (SEAL) Attest: DANNY L. KOLHAGE, Clerk s Gas Tax Ordinance 2008 By` Mayor/Chairperson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk ON OE COUNTY IATTORNE APP-f.;'.... 4HT0tN— Dato 2E6f Y ! i OR Meeting Date: December 19 2007 Bulk Item: Yes X No Division: County Attorney Department: County Attorney Staff Contact Person: Cynthia Hall AGENDA ITEM WORDING: Approval to advertise a public hearing to consider enactment of an ordinance amending Section 2-299, Monroe County, regarding the appointment process for members of the Tourist Development Council (TDC) and District Advisory Councils (DACs). The proposed ordinance would amend the Monroe County Code to clarify that the six members who sit on the TDC by virtue of involvement with the tourist industry are representing a tourism tax collection district in which the member's business is located. The proposed amendment would also clarify the absenteeism policy of the TDC, by stating that the absence of an elected official who is absent because of his/her official business shall be considered an excused absence and shall not be counted toward the three maximum allowable absences. ITEM BACKGROUND: The TDC was originally created by the BOCC as an advisory council on June 16, 1981 via Resolution No. 198-1981. The rules for appointment of members to the TDC and DACs were then set forth in Ordinances 015-1988, 045-1995 and 050-1996. PREVIOUS RELEVANT BOCC ACTION: The BOCC discussed the issue of appointment of members to the TDC at its September 19, 2007 meeting. The TDC will be discussing the proposed ordinance at its December 11, 2007 meeting. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Approval to advertise a public hearing at the January 2008 BOCC meeting, for the purpose of considering the attached proposed ordinance. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year �0 APPROVED BY: County Atty X OMB/Purchasing _ Risk Management DOCUMENTATION: Included To Follow Not Required DISPOSITION: AGENDA ITEM # Z§499ZRfff*1 W., WHEREAS, on June 16, 1981, the Board of County Commissioners of Monroe County, Florida, created an advisory council known as the Monroe County Tourist Development Council ("TDC) by passage of Resolution No. 198-1981; and WHEREAS, on February 16, 1988, the Board of County Commissioners of Monroe County, Florida, passed Ordinance 015-1988, which established Section 2- 297 of the Monroe County Code and, in pertinent part, delineated rules for appointment of representatives to the TDC and District Advisory Councils; and WHEREAS, on October 18, 1995, the Board of County Commissioners of Monroe County, Florida, passed Ordinance 045-1995, which amended Section 2- 297(F) of the Monroe County Code and provided additional rules for appointment of members to District Advisory Councils; and WHEREAS, on September 19, 1996, the Board of County Commissioners of Monroe County, Florida, passed Ordinance 050-1996, which further delineated the qualifications necessary to serve as a representative to the TDC; and WHEREAS, it is the desire and intent of the Board of County Commissioners, after recommendation from the TDC, to clarify that the intent of the tourism -related and lodging industry appointments to the TDC and the District Advisory Councils was that these positions should be filled with people who are willing and able to serve as representatives of the geographic areas in which their businesses are located, and also to clarify the absenteeism policy. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: [PROPOSED TEXT CHANGES are presented in stri ,.,ts,ro FMB to indicate deletions and underline to indicate additions.] Section 1. Section 2-299(B)(1), Monroe County Code, is hereby amended as follows: (1) The Monroe County Tourist Development Council, following the expiration of terms of its members heretofore established and appointed, shall be composed of nine (9) members. Eight (8) members of the board shall be appointed by the governing board of Monroe County based on a percentage of the funds collected throughout the five (5) tax collection districts, as set forth in subsection (G) of this section. Each tax collection district shall have no less than one (1) representativess_-wh�a resident of the diStFint, on the council. The ninth member of the council shall be the chairman of the governing board of Monroe County or any other member of the governing board as designated by the chairman. Two (2) members of the council shall be elected municipal officials, at least one (1) of whom shall be from the most populous municipality in the county. Six (6) members of the council shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, of which members, not less than three (3) nor more than four (4) shall be owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county or subject to the tax. Each of the six members of the council who are involved in the tourist industry shall represent a tax collection district in which is located the business or businesses that qualify the individual as a lodging or tourist -related industry representative. All members of the council shall be electors of the county. The governing board of the county shall allow the council to elect a chairman. The chairman shall be elected annually and may be reelected. Section 2. Section 2-299(B)(3) is amended to read as follows: (3) All district vacancies occurring on the tourist development council shall be filled by a district resirtar,+ person who is also qualified under the terms of Florida Statutes, section 125.0104(4)(e). In addition to the vacancies described in subsection (B)(4) of this section, a seat shall also be considered vacant when a member meves eut of is no longer an owner, operator, artner, employee or director of a lodging or tourist - related business in that district. Section 3. Section 2-299(B)(4) is amended to read as follows: (4) Any member of the tourist development council ether than the ^here who absents himself from any three (3) consecutive regular meetings of said tourist development council, unless excused from such attendance by consent of the council, expressed by action of record in its official minutes, or who is absent from a total of four (4) regular meetings of said council in any fiscal year without having been excused from such attendance by consent of the council expressed by action of record in its official minutes, shall thereby automatically forfeit his position and office as a member of the tourist development council; and the name of such person shall be automatically removed from the 2 membership of said council immediately after the adjournment of any such third consecutive meeting or any such fourth meeting in any fiscal year, as the case may be, at which such member has not appeared. The council shall thereupon promptly notify the member so removed, and the governing board of Monroe County shall thereupon appoint a new member to serve the remainder of the unexpired term of the member so removed. However, the absence of an elected official because of business or travel specifically related to his/her elected position, who is a member of the TDC by virtue that elected position, shall be considered an excused absence and shall be so noted in the minutes of that meeting. Section 4. Section 2-299(F)(2), Monroe County Code, is hereby amended as follows; (2) The advisory committees shall be comprised of nine (9) members, whose qualifications shall be three (3) from the lodging industry, three (3) from tourist -related businesses, and three (3) from the general public. Each of the six members from the lodging industry or tourist -related businesses must have their primary glace of business in that tax collection district. A seat of one of these members will be consider vacant when the member no longer has his primary glace of business in that tax collection district. The members of the advisory committee from the general public will be individuals who either live or work within the tax collection district. A seat of one of these members will be considered vacant when the member neither resides nor has his primary place of business in that tax collection district. Section 5. If any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected such invalidity. Section 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 7. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto, and the Monroe County Code shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section S. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. 3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of January, 2008. Mayor Charles McCoy Mayor Pro Tern Mario Di Gennaro Commissioner Dixie Spehar Commissioner Sylvia Murphy Commissioner George Neugent (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairperson MONROE COUNTY ATTORNEY A RQV'p-^p.AS TO OR ASSISTANT GQUNTY ATTORNEY Date I L ,� 21. 106000 Overseas Highway ^ Key Largo - FL - 33037- 3051451-1414 - Fax: 3051451-4726 • keylargochamber.org Oct. 26, 2007 The Honorable Dixie Spehar 500 Whitehead St., Suite 102 Key West, FL 33040 Dear Commissioner Spehar: Enclosed please find a copy of a resolution adopted Oct. 17 by the Key Largo Chamber of Commerce Board of Directors. This is in regards to the way Tourist Development Council members are appointed. I understand that the BOCC will be discussing this issue at an upcoming meeting and want to make sure you are aware of the Key Largo chamber's position on the topic. If you have any questions, please feel free to call me at 451.-1.414. Sincerely, Jackie Harder President CC: Mayor Mario Di Gennaro Commissioner Sonny McCoy Commissioner George Neugent Commissioner Sylvia Murphy Tourist Development Council Chairman Todd Firm T�rist Development Council Director Harold Wheeler ,-,,Monroe County Attorney Suzanne Hutton Local media Mission statement of the Key Largo Chamber of Commerce To develop and actively market a vibrant political, social and economic business environment by using the individual and collective power of its membership. 106000 Overseas Highway - Key Largo - FL - 33037- 3051451-1414 - Fax: 3051451-4726 • keylargochamber.org Resolution of the Key Largo Chamber of Commerce Key Largo, Monroe County, Florida October 2007 WHEREAS tourism is the major economic engine of Monroe County, generating more than $2 billion annually in direct visitor expenditures; and WHEREAS local voters approved in 1984 the creation of the Monroe County Tourist Development Council (TDC) to promote tourism in the Florida. Keys; and WHEREAS all short-term accommodations in Monroe County collect a 3-cent tax to fund advertising, promotion and capital projects for the benefit of tourism; and WHEREAS the Monroe County TDC is charged with spending, in 2007-08 a total, of $22 million generated by the 3-cent tax to promote tourism in the Florida Keys; and WHEREAS it is vital that all interests, from all areas of the Florida Keys, are appropriately represented on the TDC; and WHEREAS the present system of appointing members to the TDC has the potential to leave some geographical areas unrepresented; and WHEREAS the policy to require TDC members to live in the district they represent ignores the reality that many residents commute - sometimes great distances - to their place of business due to the cost of living and availability of affordable housing; and WHEREAS residency within a TDC district is less important than the location of the business category represented on the TDC; WHEREAS TDC members are appointed for four-year terms, and need to feel confident that they will not be arbitrarily removed from office before the end of their terms; NOW, THEREFORE, BE IT RESOLVED that the Key Largo Chamber of Commerce Board of Directors urges the Monroe County Tourist Development to end, and the Board of County Commissioners to approve, its policies and procedures manual to require that appointees to the Council have the appropriate business but are not required to reside in the district they represent. BE IT FURTHER RESOLVED that TDC members should be allowed to complete their appointed terms, except when they fail to meet the attendance requirements or other causes as established by TDC policy. Katrina Lavene, Chairman Key Largo Chamber of Commerce Mission statement of the Key Largo Chamber of Commerce To develop and actively market a vibrant political, social and economic business environment by using the individual and collective power of its membership. November 5, 2007 Board of County Commissioners and Tourist Development Council Mr. Harold Wheeler 1201 White Street, Suite 101 Key West, FL 33040 Re: Qualifications for TDC and DAC Members Dear Board of County Commissioners and Harold Wheeler: The Lodging Association of the Florida Keys and Key West is aware of the issues regarding DAC and TDC criteria for personal, business and/or both addresses in the candidate qualification process. It is our understanding the County Attorney is in the process of drafting new language for the TDC documents regarding the issue. The Lodging Association is resolute on how these qualifications are defined for Lodging and Tourist Related seats on both boards. The board member in either Lodging, or Tourist Related seats are by definition, created to represent a business. For this reason, we believe the business must be in the district represented, and therefore the only address of consequence in qualifying a TDC or DAC member. Personal residence should have no bearing. The Lodging Association firmly believes these clarifications are essential to prevent future controversy, community unrest, or a questionable practice from one of Monroe County's governing bodies. Thank you in advance for your careful consideration of this issue. Sincerely, Jodi Weinhofer Joanna L. Weinhofer "Sport Fishing Capital of the iorldl" 83224 Overseas Hwy. P.O. Box 915 Islamorada, FL 33036 (305) 664-4503 (305) 664-4289 fax (800) FAB-KEYS info@islamradachamber.com wvvw.isWmr,adachember.corn SECOND WEDNESDAY BOARD MEETINGS THIRD TUESDAY BUSINESS AFTER HOURS FouRTH WEDNESDAY LUNCHEON MEETING November 19, 2007 Cynthia Hall, Attorney clo Monroe Country TDC 1201 White Street Suite 102 Key West, FL 33040 Dear Ms. Hall: RECEIVED NOV 2 6 PAONROE COUNTY ATTORNEY The Islamorada Chamber of Commerce Board of Directors is concerned about the current TDC appointment process and fear that it may not lead to the best results for the individual districts or Monroe County as a whole. We would like to see the language in the current ordinance changed regarding the appointment of future TDC representatives. We believe business related appointments should have their business interests within the district they are appointed to represent. That person needs to have their finger on the pulse of the community. In addition, tourist oriented and lodging representatives should be Managing Owners or General Managers of the business that qualifies them within the district they are to represent. Where a person lives within the County should not be the requirement or part of the requirement as long as they are a fulltime Monroe County resident. Also the language about any At Large appointment should read "the representative representing the residents at large, shall be a resident of that district." Thank you for your time and consideration. Sincerely, Vicki Walker President N %WVPJVM Isl amo radacham be incom BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: Coun1y Attorne Bulk Item: Yes xx No Staff Contact Person: Cynthia L. Hall x3174 AGENDA ITEM WORDING: Approval of the Settlement Agreement between Monroe County Code Enforcement and Key Largo Ocean Resorts Co -Op, Inc., Ramiro J. Aburto, Ramiro D. Aburto and Flor Aburto, Code Enforcement Case No. CE06110030. ITEM BACKGROUND: The property owners were cited in Code Enforcement Case CE06110030 on 11/27/2006, for an unsafe structure as a result of failure to make timely repairs to a mobile home damaged in Key Largo Ocean Resorts as a result of a fire in an adjacent trailer in October 2006. Fines were imposed at the January 2007 hearing, The property owners ultimately spent approximately $2,000 to clean up the property, and the Code violations were correct on 4/16/2007. We have offered to settle the Code Enforcement case in return for payment of $100. The figure is in line with a similar offer made to an adjacent neighbor, and is reasonable given the small amount of time spent by the County on the matter. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes _ No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year $100.00 APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY, FLORIDA Petitioner, VS. CASE NO.. CE06110030 KEY LARGO OCEAN RESORTS CO-OP, INC, RQMIRO J. ABURTO, RQMIRO D. ABURTO and FLOR ABURTO, Respondents. SETTLEMENT AGREEMENT Petitioner, Board of County Commissioners of Monroe County and Respondents Key Largo Ocean Resorts Co -Op, Inc., Romiro J. Aburto, Romiro D. Aburto and Flor Aburto, hereby agree to settle the code enforcement lien imposed in the above - referenced case by the Special Master against property owned by the Respondents for a total of $100.00. The property in question has a legal description of SOUTHCLIFF ESTS, PB2-45, KEY LARGO, PT TR 9-10-11, PT LINE RD, PT NE %, PT GOV LT 3 AND ADJ BAYBTM, II DEEDS 21-847 (LOT #200), Monroe County, Florida (RE:00483400- 000000). The lien was recorded at Book 2292, Page 1837 of the Office Records of Monroe County. Upon approval of this agreement by the Board of County Commissioners, the Respondent shall remit a check in the amount of $100.00 made payable to the Board of County Commissioners. Within 30 days of clearance of the check, the County shall provide to Respondents a release and satisfaction of said lien, which the Respondents shall record in the Official Records of Monroe County. By entering into this agreement, any and all claims arising out of the above - captioned code enforcement case shall be satisfied and concluded. Each party shall bear its own costs and attorney's fees other than as specified in this agreement. (S EAL) COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk as BOARD OF COUNTY OF MONROE COUNTY, FLORIDA By Deputy Clerk Mayor/Chairperson '40°c� Marie T Hemandez • My Commission D02a3474 •� Expires February 23, 2008 Notary Public KEY LARGO OCEAN RESORTS COOP, INC. By: � EDRO A (date) Title. �A'SA i.ass.ns*.sA. , oLINAA.IS* AIN' TMA .a....._..o SAY+' .1 Commis 0004372b7 013=00 RQMIRO . ABURTO Bonded thru (8 3 254� �0; Florida Note As ... ■s:sii .i C, 07. otary Public (date) fass9sssu■assrfasso-asaas.o-..so-o-eaaaaao-rus.� ALINA RQM I RO D. ABURTO S�v o Comma Cg8a372� Expires W 9 0 Bonded thru (80 32 64: Florida Notary es ., Inc ..... ...........b= .. ....... otary Public (date) �..a.a..1.eo-........s..I...a..s....f.faa...se� 2 ALINA SANTANA S�vr CorrtmO0=437247 FLOR ABURTO Bandod 1hru (8mo 4z Nr Flarlda PlOtaryMan u.0 s..wu..••.....an w..f■ .si: ..si taryPublic (date) MONROE COUNTY ATTORNEY 'PPR VFD NHIA F M: CYNT—HI L. IL.L ASSISTANT COUNTY ATTORNEY Date is aw ec® ej O � aO u 4 Code Enforcement Detail Wage I of I CODE ENFORCEMENT DETAIL CASE INFO NUMBER CE06110030 DATE 111112006 PARCEL TYPE 4 OPER williamd ADDRESS DESC CDF CSz TENANT OWNER ADD INFO ADDRESS STATUS 0 OPENED WITH RECEP Csz OFFICER DW PHONE PROPERTY INFO 00483400000000 94825 OVERSEAS HIGHWAY_ LOT 2.00 KEY LARGO , FL 33037 K L OCEAN RESORTS CO-OP INC 94825 OVERSEAS HIGHWAY KEY LARGO , FL 33037 VIOLATION CODES 1: 6-4(A)(C) -- UNSAFE BUILDINGS & MAINTENANCE CASE DESCRIPTION MOBILE HOME DESTROYED BY FIRE. INSPECTIONS / F%fr-IM-, ng:TA I DATE TIME INSP/EVE TYPE INSTRUCTIONS 4/17/2007 10:10:52 COMMENT CODE IN COMPLIANCE 6-4(A)(C) COMPLIANCE DATE WAS : 04/16/07 3/9/2007 14:06:18 COMMENT CODE ADDED FINE ON 6-4(A)(C) START DATE: 02/16/07 FINE AMT. 250.00 2/22/2007 14:33:29 LIEN ORDER LIEN IMPOSED 30 DAYS TO RECORD 2/15/2007 08:10:45 REINSPECTION FOR HEARING 1/31/2007 08:11:47 COMMENT CODE LIEN RECORDED 01/25/07 FOR 100.00 BOOK PAGE 1/25/2007 08:10:54 FINDING OF FACT VIOLATION $100 ADMIN COSTS $250 X DAY COMPLIANCE 02/1.5/07 HEARING 02/22/07 1/18/2007 16,56.27 REINSPECTION FOR HEARING NO DEMO PERMIT APPLIED FOR, 11/30/2006 16:54;14 CERTIFIED ON HEARING NOTICE SERVICE GOOD 11/27/2006 17:30.47 HEARING NOTICE SENT NOV & NOH FOR 01/25/07 11/8/2006 15:15:18 SENT TO LIAISON REC'D FOR JANUARY 11/3/2006 14:57:09 COMMENT CODE PREPARE UNSAFE SM/SENT TO ADMIN FOR NOV 11/3/2006 09:30:19 SENT TO DIRECTOR FOR REVIEW SENT UNSAFE SM TO DIRECTOR FOR HEARING REVIEW 11/1/2006 14:23.20 REFERRAL TO BUILDING OFFICIAL CASE FORWARDED TO BUILDING OFFICIAL. 1I/1/2006 14:20:28 CREATE A CASE VIOLATION RECORDED WILLIAMD 10/31/2006 14:22:44 INITIAL INSPECTION TYPE SITE VISIT - PHOTOS TAKEN. httn://oss-monroecounty-fl.aov/code dtl.asn?case no=CE06110030 1I/9/2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: County Attorney Bulk Item: Yes No xx Staff Contact Person: Cynthia L. Hall x3174 AGENDA ITEM WORDING: Approve the Settlement Agreement between Monroe County Code Enforcement and Key Deer Enterprises, Inc. ITEM BACKGROUND: A notice of violation was served on Key Deer Enterprises, Inc. on October 4, 2007, on property located at Avenue B, Big Pine, Key, alleging violation of Monroe County Code Sections 19-129(c), 19-95, and 8-17(a). The owners were found in violation after a hearing held on September 28, 2006, at which time fines were imposed in the amount of $200 per day if the violations were not corrected by December 15, 2006, plus administrative costs of $100. The owner of the corporate property passed away in November 2007 after a long illness. His son and only heir has worked cooperatively with Code Enforcement in order to correct the Code violations. The property is under contract to be sold, and the son wants to correct the Code violations. As no other funds are available, the fine will be paid at roughly the time of the closing. If funds are not paid in full by one week after the current estimated closing date, all fines and costs will revert to the original amount. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes _ No _ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year $8,000.00 APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # BEFORE THE CODE ENFORCEMENT SPECIAL MASTER MONROE CO" 'Y A; rORNEY OF MONROE COUNTY, FLORID Vs. CASE NO.: CE06050256 KEY LEER ENTERPRISES, INC., Respondent(s). The Board of County Commissioners of Monroe County and Key Deer Enterprises, Inc. through its representative, Dan McLaughlin, Respondent, hereby agree to settle the code enforcement liens imposed in the above - referenced cases by the Special Master against property owned by the Respondent for a total of $8,000.00. The property in question has a legal description of BK 15, LT 15 SANDS SUBDIVISION, BIG PIKE KEY, MONROE COUNTY, FLORIDA (RE: 00301640- 000000). The lien was recorded at Book 2277, Page 352 of the Office Records of Monroe County. We are settling all claims against the corporation in these cases in return for payment of $8,000.00. Said funds will be paid no later than January 27, 2008, and the enforceability of this Agreement is specifically made conditional on delivery of said funds by that date. If said funds are not paid by that date, this Agreement is rescinded, and the entire amount of any fines or costs imposed in this matter will be due and owing. Upon approval of this agreement by the Board of County Commissioners, the Respondent shall remit a check in the amount of $8,000.00 made payable to the Board of County Commissioners on or before January 27, 2008, Within 30 days of clearance of the last check, the County shall provide to Respondent a release and satisfaction of said lien, which the Respondent shall record in the Official Records of Monroe County. By entering into this agreement, any and all claims arising out of the above -captioned code enforcement case shall be satisfied and concluded. 2i2,d 9ZS2:Oi :WOJd d2S:20 1002-2-330 Each party shall bear its own costs and attorney's fees other than as specified in this agreement. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk Dated 2 Mayor/Chairperson KEY DEER ENTERPRISES, INC. Notary Public =OFR:NF-W E C RSE 15 2otzIUAW ❑an McLaughlin (date) 1112. -7/20 0 -7 MO OE COUNTY ATTORNEY ROV D.AS O R CYNTHIA L. HALL A,SIS ANT CONTY ATTORNEY Date /2,d 9TS2:Ol :IOJd ddS=SG �-002-2-930 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 Division: County Attorney Bulk Item: Yes xx No Staff Contact Person: Cynthia L. Hall x3470 AGENDA ITEM WORDING: Approval of the Settlement Agreement between Monroe County Code Enforcement and Key Largo Ocean Resorts Co -Op, Inc., Gabriel Znidarcic and Hazel Lorenzo, Code Enforcement Case No. CE06110028. ITEM BACKGROUND: The property owners were cited in Code Enforcement Case CE06110028 on 11/27/2006, for an unsafe structure as a result of failure to make timely repairs to a mobile home damaged in Key Largo Ocean Resorts as a result of a fire in an adjacent trailer in October 2006. Fines were imposed at the January 2007 hearing. We have offered to settle the Code Enforcement case in return for payment of $100. The figure is in line with a similar offer made to an adj acent neighbor, and is reasonable given the small amount of time spent by the County on the matter. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes —No _ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes x No AMOUNT PER MONTH —Year $100.00 APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # BEFORE THE CODE ENFORCEMENT SPECIAL MASTER OF MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA VS. CASE NO.: CE061 10028 KEY LARGO OCEAN RESORTS COOP, INC, GAIBRIEL ZNIDARCIC AND HAZEL LORENZO, Respondents. SETTLEMENT AGREEMENT The Board of County Commissioners of Monroe County and Key Largo Ocean Resorts Co -Op, Inc., Gabriel Znidarcic and Hazel Lorenzo, Respondents, hereby agree to settle the code enforcement lien imposed in the above -referenced case by the Special Master against property owned by the Respondents for a total of $100.00. The property in question has a legal description of SOUTHCLIFF ESTS, PB2-45, KEY LARGO, PT TR 9-10-11 PT LINE RD PT NE % PT GOV LT 3 AND ADJ BAYBTM, 11 DEES 21-847 (LOT #191), Monroe County, Florida (RE:00483400-000000). The lien was recorded at Book 2292, Page 578 of the Office Records of Monroe County. Upon approval of this agreement by the Board of County Commissioners, the Respondent shall remit a check in the amount of $100.00 made payable to the Board of County Commissioners. Within 30 days of clearance of the check, the County shall provide to Respondents a release and satisfaction of said lien, which the Respondents shall record in the Official Records of Monroe County. By entering into this agreement, any and all claims arising out of the above - captioned code enforcement case shall be satisfied and concluded. Each party shall bear its own costs and attorney's fees other than as specified in this agreement. (SEAL) COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk Deputy Clerk BOARD OF COUNTY OF MONROE COUNTY, FLORIDA By Mayor/Chairperson KEY LARGO OCEAN RESORTS CO-OP, INC. Maria T Henandez DMy Commission DD293074 Expires F®txuary23.2oo8 IN J� Notary Public Maria T Hernandez py Pim, Maria T Hemandez My Commission DD293074 �„ Expires February 23. 2008 PEDRQ S LVA (date) GABRIEL ZNIDARCIC HAZEL LORENZO (date) // 10 (date) MO ROE COUNTY ATTORNEY ,FIPOAS T F TRV THIA L. HALASSICOUNTY ATTORNEY Date��-- ADD -ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19, 2007 - Mar Division Count/ Attorney Bulk Item: Yes _ No X Staff Contact Person: Bob Shillinger #3470 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider approval of a proposed Resolution increasing the rate for atorney's fees sought by the County Attorney's office under Section 2-365 of the Monroe County Code. ITEM BACKGROUND: Under Section 2-365 of the County Code, the Board must set by resolution the hourly rates for services rendered by the County Attorney's Office. Florida law permits local governments to seek reimbursement for in-house staff atorney's fees from litigation opponents, when appropriate and at the market rate, even if that rate exceeds the actual salary and benefit costs for the particular staff attorney. The Board last set the hourly rate for the County Attorney's Office on April 20, 2005. The proposed increase will raised the base rate from $200.00 per hour to $250.00 per hour. A premium rate of $300.00 is proposed for work performed by staff lawyers who are Board certified. The proposed increase would also help offset the additional costs made necessary by the relocation of the County Attorney's Office; to a commercial office building due to the deteriorating condition of the Courthouse Annex. PREVIOUS RELEVANT BOCC ACTION: 4/20/2005 BOCC; approved Resolution 135-2005 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes N/A No — SOURCE OF FUNDS: REVENUE PRODUCING: Yes xx No AMOUNT PER MONTH unknown Year unknown APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 20 RESOLUTION NO. —2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RAISING THE RATE FOR ATTORNEY'S FEES SOUGHT BY THE COUNTY ATTORNEY'S OFFICE UNDER SECTION 2-365 OF THE MONROE COUNTY CODE. WHEREAS, attorneys in the County Attorney's office routinely litigate cases on behalf of the County which often result in the County being entitled to attorney's fees; and WHEREAS, the Office of the County Attorney is authorized by Section 2-365 of the Monroe County Code to seek attorneys fees in certain matters; and WHEREAS, Section 2-365 of the Monroe County Code requires the Board to set by resolution the basic hourly rates for services rendered by the County Attorney's office; and WHEREAS, controlling case law in Florida authorizes government entities such as the County to seek reimbursement for the services of staff attorneys at the reasonable prevailing rate in the community even if that amount exceeds the cost of the particular staff attorney's compensation package (salary plus benefits); see, Computer Task Group. Inc. v. Padm Beach County. 782 So.2d 942 Fla. e DCA 2001); Leibowitz v. City of Miami Beal 683 So.2d 204 (Fla. 3d DCA 1996); and City of Boca Raton v. Faith Baptist C{mrch, 423 So.2d 1021 (Fla. 4a' DCA 1982); and WHEREAS, since the Board last set the hourly rate for the County Attorney's office in Resolution 135-2005 on April 20, 2005, the County has been forced by the deteriorating condition of the Courthouse Annex building to relocate the County Attorney's office from that County owned building to a commercial office building which has resulted in an increase in the cost to operate the County Attorney's Office; and WHEREAS, it is appropriate to charge a premium rate for the services of attorneys who have been certified by the Florida Bar as specialists in City, County, and local government or some other area of law; and WHEREAS, the Board finds that it has been presented with substantial, competent evidence that the rate of two hundred fifty dollars ($250.00) per hour falls within the: range of reasonable attorney's fees charged by attorneys practicing in Monroe County possessing similar skill, experience, reputation, and competence of those attorneys working in the County Attorney's Office; and the Board further finds that the rate of three hundred dollars ($300.00) per hour falls within the rate of reasonable attorney's fees charged by Board Certified attorneys who practice law in Monroe County; 1 NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT Resolution 135-2005 is hereby rescinded effective the date this resolution is adopted. Any worked performed prior to the date of adoption of this resolution shall be billed at $200.00 per hour; Except as provided in Paragraph 3, the hourly rate for attorney's fees sought by the Office of the County Attorney for work performed after the date of adoption of this resolution shall be two hundred fifty dollars ($250.00) per hour; The hourly rate for attorney's fees sought by the Office of the County Attorney shall be three hundred ($300.00) per hour if the staff attorney performing the service is board certified by the Florida Bar at the time the service is performed. This rate may be adjusted by a subsequent vote of the Board after a public hearing. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 16th day of January, A.D., 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario Di Gennaro Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie Spehar (Seal) ATTEST: DANNY KOHLAGE, CLERK LE Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IM Mayor Charles "Sonny" McCoy MUNHOE CO N'T s� l JRNEY P R RM: OBERT . S LL NGER, JR. CHIEF ASSIST C NTY ATTORNEY 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA SETTING THE RATE FOR ATTORNEY'S FEES SOUGHT BY THE COUNTY ATTORNEYS OFFICE UNDER SECTION 2-M OF THE MONROE COUNTY CODE. WHEREA8 the Office of the County Attorney is au wrized by Section 2- 365 of the Monroe County Code to seek attorneys fass in certain matters; and WHEREAS, Section 2 W5 of the Monroe County Code requires the Board to set by resolution the basic hourly rates for services rendered by the County Attorneys office; and WHEREAS, controlling case law in Florida authorizes government entities such as the County to seek reimbursement for the services of Neff attorneys at the reasonable prevailing rate in the community even if that amount exceeds the cost of the particular staff attorneys compensation package (salary plus benefits); see, Computer Task Group, Inc v. Palm Beach County, 782 So.2d 942 Fie. 0 DCA 2001); Leibowitz v. City of Ilfami Beach, 683 So.2d 204 (Fla. 3d DCA 1996); and Gty of Boca Raton v. FaNh Baptist Church, 423 So.2d 1021 (Fla. 0 DCA 1982); and WHEREAS, attorneys in the County Attorney's offroe routinely litigate cases on behalf of the County which often result in the County being entitled to attomey's fees; and WHEREAS, the Board finds that it has been presented with substantial, competent evidence that the rate of two hundred dollars ($200.00) per hex fails within to range of reasonable attorrrsy's fees charged by attorneys practicing in Monroe County possessing similar skill, experience, reputation, and competence of those attorneys serving as County Attorney and Assistant County Attorney; NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIOA, THAT The hourly rate for attorneys fees sought by the OM09 of the County Attorney, in fiances set forth In Section 2-65 of the Monroe County Code, shell be two hundred dollars ($200.00) per hour. :?. This rate may be adjusted by a subsequent vote of the Board after a public hearing. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 20tbday Of April . A.D., 2OD5. Mayor Dixie Spelw Yes Mayor Charles'SmY McCoy Yes Commissioner Murray Nelson Yes Commjeskmw George Neupent Yes Commissioner David Rice Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Dade Spehar DANNY KOHLAGE, CLERK o Zn z a mac-;: -o mX--� a n' r N C c-� v+ zoo -v -i r 7C n N r O D m 6b M APPO OV W AS TO FORM: JOHN R. COLLINS DateC�I2Y�s�i ANEY Your Upper Keys Co enion THE REPORTER P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852.9216 Fax: (305) 852-0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared JACKLYN F� HARDER who on oath, says that she is ASSOCIATE PUIBLISHERIEDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the Issue of: April 1 at and April 8th 2005 Affient further says that THE REPORTER Is a newspaper published at Tavernier, in sold Monroe County, Florida, and that the said newspaper has heretofore been continuously published In the said Monroe County, Florida, each week (on Thursday), anti has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding -the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter Is In full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. , AD#280111ft t0or nays Fan NOTICE OF INTENTION TO CONSIDER ADOPTION OF PRO- . POSEDRESOl.t1TION NOTICE IS HEREBY_ OIVENTO WHOM IT MAY CONCERN daton W Wnnday, Aprlt 20, 2005, et 3.00 PM Kthe Pursuestiosecion 280.0106. Flimide Stakass, motto Isaysn eri' kips ornlase10s, hswN need a rasadoNhs po- ceedWV%and that for such purpose, he may need to ensure Oat a ver- badm record oFdn pr ccsssssoddlIdrrggktdsuM monyandawhurip which asatoWtta,- MOW. Dated stKey Wast, da, this fah d■yof March, 2005.