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10/19/2000 PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made and entered into by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, whose address is Public Service Building, 5100 College Road, Stock Island, Key West, FL 33040, and J. Jefferson Overby, whose address is P.O. Box 126, Key West, Florida, 33041, hereafter ATTORNEY. WITNESSETH: WHEREAS, the COUNTY has adopted Sections 9.5-171 through 9.5-184, Monroe County Code, that provide procedures for determination of vested rights and beneficial use before a hearing officer; WHEREAS, the COUNTY desires to employ an attorney to perform the duties of the hearing officer in accordance with Section 2.1.1, Monroe County Code; WHEREAS, the ATTORNEY represents that he is professionally competent to perform the duties of the hearing officer; NOW, THEREFORE, in consideration of the mutual promises contained in this contract the parties agree as follows: 1. The ATTORNEY shall conduct the hearings and issue recommended orders required by Article VI, Monroe County Code and Florida Statutes Chapter 163, in a timely manner. All hearings must be held in County owned facilities on regular business days during regular business hours. The ATTORNEY shall coordinate the scheduling of hearings with the County's land use attorney and planning director. 2. The county shall pay the ATTORNEY up to a maximum of $8,000 in monthly installments of $500 every month for conducting a monthly vested rights and beneficial use hearing plus any additional hearings needed as a result of continuances from a scheduled hearing. The payments due the ATTORNEY under this paragraph include all compensation for preparation for and scheduling of the hearings, conducting the hearings, any phone conversations in connection with the hearings, and the drafting of all necessary orders. No payment is due under this paragraph for any month in which the ATTORNEY did not conduct at least one hearing, however the ATTORNEY is entitled to compensation for any hearing which was scheduled but which was canceled due to no fault of the ATTORNEY if cancellation is less than ten business days. 3. If the application load reqUIres additional hearings not involving any continuances described in paragraph 2, then the County shall pay the ATTORNEY $500 for each additional hearing. The additional payment(s) due the ATTORNEY under this paragraph include all compensation for preparation and scheduling of the additional hearing(s), conducting the additional hearing(s), any phone conversations in connection with the additional hearing(s), and the drafting of all necessary orders. 4. The ATTORNEY must bill the County Administrator by the tenth of each month for services performed during the previous month. The bill must be in a form satisfactory to the County Clerk. Payment must be made to the ATTORNEY within 15 business days of the Clerk's receipt of the bill. 5. The ATTORNEY is employed as a hearing officer at the pleasure of the County's Board of County Commissioners. The Board may terminate this contract by providing the ATTORNEY with written notice of the Board's termination decision. Upon receipt of the notice or upon any effective termination date described in the notice, the ATTORNEY must immediately cease performing any further services under this contract. The COUNTY will remain obligated to pay the ATTORNEY for all services performed - but unpaid - up to the date of the ATTORNEY's receipt of the notice or other effective date, which may be specified by the Board. 6. The ATTORNEY may terminate this contract by giving the COUNTY at least 30 days written notice. This notice requirement is for the COUNTY to have time to employ substitute special masters and to prevent the frustration of the right to due process of both the individuals cited for violations and the COUNTY. The ATTORNEY must be paid for all services performed - but unpaid - up to the effective date of his termination. 7. The ATTORNEY is the primary hearing officer. The COUNTY intends that the ATTORNEY conduct all County vested rights and beneficial use hearings. However, in the event of scheduling conflicts, vacation, illness, or other unavailability of the ATTORNEY, the COUNTY reserves the right to employ other person as hearing officer. 8. The ATTORNEY warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, to otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9. All written notices required under this contract will be considered to have been delivered and received if hand delivered or sent by certified U.S. Mail or a nationally recognized courier service to the addresses first written above. 10. The term of this contract begins on the date oflast signature. 11. In the event of litigation to enforce payment or any of the terms of the agreement, the prevailing party shall be entitled to receive reasonable attorneys' fees, including appellate attorney fees, if necessary. 12. Per Fla. Statutes, Chapter 287.0582 all contracts which bind Monroe County for the purchase of services of tangible personal property for a period in excess of one (1) fiscal year must have the following statement included in the contract. "Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC." 13. Public Entity Crime Statement. All invitations to bid, request for proposals and any contract document shall contain a statement which reads as follows (Section 287.133 FS): "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contact with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Section 280.017 FS, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." (SEAL) . DANNY L. KOLHAGE, CLERK ~~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cSLA;--F~ Mayor/Chairman co..- DATE ~/1. }...oo.... ~tWI~~',CJI ff!w~~, DATE 1(/ {po 00 APPROV~D A ~ ST~FORM 8 A~ R T N. .;~ F DATE~ - Z-~