12/09/1999
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 1. Jefferson Overby, P.A., whose
address is P. O. Box 126, Key West, Florida 33041-0126, hereafter ATTORNEY.
WITNESSETH:
WHEREAS, the COUNTY has adopted Sec. 6.3-14, Monroe County Code, that authorizes the
prosecution of County Code violations before a special master instead of the Code Enforcement
Board;
WHEREAS, the COUNTY desires to employ an attorney to perform the duties of the special
master;
WHEREAS, the ATTORNEY represents that he is professionally competent to perform the
duties of the special master and has performed these duties for over one year in an exemplary manner;
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 the orders required by Sec.
6.3-14, Monroe County Code and Florida Statutes Chapter 162, 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 code enforcement attorney, code enforcement director
and when appropriate, the persons cited as violators.
2. The COUNTY shall pay the ATTORNEY up to a maximum of $25,000 per year,
payable in twelve (12) monthly installments of $2,000 for conducting one (1)
monthly code enforcement hearing, each lasting up to 10 hours, per month, plus
any additional hearings, as needed, at the discretion of the COUNTY Code
Enforcement Director. The payments due the ATTORNEY under this paragraph
include all compensation for travel time, preparation for and scheduling of the
hearings, conducting the hearings, any phone conversations in connection with the
hearings, and the drafting and execution of all necessary orders. No payment is due
under this paragraph for any month in which the ATTORNEY did not perform any
of the above services, however, the ATTORNEY is entitled to compensation for
any hearing which was scheduled but which as canceled, or re-scheduled due to no
fault of the ATTORNEY.
3. If the code enforcement case load requires additional code enforcement hearings, in
the discretion of the COUNTY'S Code Enforcement Director, then the COUNTY
shall pay the ATTORNEY $1,600 for each additional hearing. Each hearing not to
exceed 8 hours, inclusive of travel time. The additional payment(s) due the
ATTORNEY under this paragraph include all compensation for travel time to and
from the hearings, 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 execution of all necessary orders as prepared by
staff.
4. The ATTORNEY must bill the County Administrator, or his designee, 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 County Administrator's or his
designee's, receipt of the bill.
5. The ATTORNEY is employed as a code enforcement special master at the pleasure
of the COUNTY'S Board of County Commissioners. The Board may terminate
this contract by providing the ATTORNEY with 30 days 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, which shall not be less than 30 days unless mutually
agreed to, in writing, between the parties.
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 master(s) 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 code enforcement special master. The COUNTY
intends that the ATTORNEY conduct all County code violation hearings that are
not, in the discretion of the COUNTY, referred to the Courts. However, in the
event of scheduling conflicts, vacation, illness, or other unavailability of the
ATTORNEY, the COUNTY reserves the right to employ other persons as alternate
code enforcement special masters.
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 ofthis
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 of last 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 of36 months
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/ClIdirman
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Deputy Clerk
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Witnesses
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