Case No. 2007-CA-1428-K 04/21/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
April 23, 2010
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanco~
ATTN:
At th.e April 21, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of a Professional Services Agreement with Helman Hurley
Charvat Pealcock/ Architects, Inc. to serve as an architectural expert in the case against the
original Arctlitect on the Freeman Justice Center, Case Number 2007-CA-1428K.
Enclosed is a duplicate original, and a copy, of the above-mentioned for your handling.
Should you hlave any questions, please feel free to contact this office.
cc: Finan.ce
,
File J
PROFESSIONAL SERVICES AGREEMENT
BETWEEN MONROE COUNTY AND
Helman Hurley Charvat Peacock! Architects, Inc.
./ L1_. I'
THIS AGREEMENT made and entered into thi~/ -day of ~ 2010, by and between the
MONRO'E COUNTY ("COUNTY"), a political subdivision of the State of Florida whose address
is 1100 Simonton Street, Key West, Florida 33040, and Helman Hurley Charvat Peacock!
Archite(~ts, Inc. ("HHCP"), a professional consulting corporation, whose address is 222 W.
Maitland Blvd., Maitland, Florida 32751- 4399 hereby enters into this Agreement regarding the
retention ofHHCP by COUNTY to provide consulting services in the case involving Gonzalez
Architects and Monroe County, Case No. 07-CA-1428K.
WHEREAS, COUNTY desires to continue the services ofHHCP to provide expert technical
consultation in review of architectural standards, construction documents, research and related
expert opinion, and, if necessary, expert testimony; and
WHEREAS, HHCP desires to provide the services to the COUNTY;
NOW TI-IEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties agree as follows:
1. I-IHCP will provide expert consultation and technical advice in the areas of architectural
standards, construction document review, related research, and expert testimony, if requested, by
COUNr{ in the litigation.
2. lrhe parties agree that HHCP was hired under the Agreement between the COUNTY and
Gray/Robinson P.A. dated July 19,2006 and amended on June 20,2007 and February 17,2010;
however, as the litigation has proceeded it has become more reasonable to enter into this separate
Agreement with HHCP.
3. lrhis Agreement is retroactive to October 1,2009, and shall become effective upon
signature by all parties and shall continue in effect until services are completed or terminated by
either pa:rty, with or without cause, upon fifteen (15) days written notice to the other party. HHCP
has sent two invoices prior to the date of this Agreement, which the COUNTY agrees to pay in
full as billed. The invoices are dated December 31, 2009, in the amount of $10,000.00 and
January 31, 2010, in the amount of $525.000; and are attached hereto as Composite Exhibit A.
4. I-IHCP shall henceforth invoice COUNTY at the hourly rate and time for approved
timekeepers. Records of the time expended and a specific description of the service performed by
each timekeeper shall be detailed separately on the invoices. Personnel who are not listed as
timekeepers will not be paid unless approved in writing under the requirements of this
Agreement. Without written approval no more than one timekeeper will be paid for court
appearances, attendance at depositions and meetings, including meetings with COUNTY
representatives, and internal conferences. In the event that more than one person attends, only the
time of tlle person with the lowest rate will be billable. HHCP is not permitted to use this matter
to provide on the job training for a time-keeper, and bill for that time-keeper's services, without
COUNT~Y' S advance approval.
Page 1 of4
Hourlv Rates4l and Chan2es to hourlv rates are set at:
l\.pproved Time Keepers:
John H. Jordan, AlA - Sr. Vice PresidentlDiv. Director
~Nilliam C. Charvat, AlA, CSI - Executive Vice President
Sam L. Lee, P.E. - Senior Vice President
John Ehrig, FAlA, - Vice President
'vince Mastroeni, AlAi AlC - Case Manager I
Michael Campbell, RA - Case Manager I
Susan Domanski, AlA, LEED AP - Case Manager 2
Jaime Argueta Sr., AlA Associate - Case Manager 2
])ianne Panton Graphic Designer
H..ebecca Munson, Case Researcher 2
]~lizabeth Bridges, Admin. Assistant
Hourly Rate:
$250/hour
$250/hour
$250/hour
$225/hour
$175/hour
$ 1 75/hour
$165/hour
$165/hour
$140/hour
$ 1 25/hour
$75/hour
HHCP shall be reimbursed for travel and other expenses only to the extent and the amounts
authorized by the Monroe County Code, payment will be made periodically, but no more
frequently than monthly, in arrears. Expenses shall be submitted by HHCP and authorized by
COUNT'Y in writing with backup documentation as required by the Clerk of Court. No multiplier
will be paid on any expense or reimbursable, nor will and administrative fee of any kind be
allowed lLlnder this agreement. Invoices shall include copies of receipts for all expenses and back-
up docurnentation for all services including but not limited to photocopies, telephone calls, and
other expenses. Travel expenses will be reimbursed in accordance with the applicable provisions
of the Monroe County Code for "approved travelers" and shall be summarized on the Monroe
County l~ravel Form with all applicable receipts attached thereto. Airplane travel shall be verified
by the attachment of a boarding pass or by a waiver. An example of the Monroe County Travel
Form is attached hereto as "Exhibit A".
5. j[he COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners.
6. (~OUNTY and HHCP acknowledge that COUNTY does not waive any immunity nor
does CO-UNTY agree to hold consultant harmless; notwithstanding the provision of Sec. 768.28,
Florida Statutes, the participation of HHCP and COUNTY in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance, or local government liability
insuranc(~ pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by COUNTY be required to contain any provision
for waivt~r.
a. County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the b.asis
of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss.
Page 2 of4
2
6101-6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, SSe 523 and 527
(42 USC SSe 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
9. l~OTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
I~OR COUNTY:
(~ounty Attorney
1>0 Box 1026
I(ey West, FL. 33040
(305 292-3470
FOR HHCP:
Michael Campbell
222 W. Maitland Blvd.
Maitland, Florida 32751-4399
(407) 644-2656
10. llhis Agreement shall be governed by and construed in accordance with the laws of the
State of ]~lorida applicable to contracts made and to be performed entirely in the State. Venue for
any legal action, which may arise out of or under this agreement, shall be in Monroe County,
Florida.
11. llhe entire agreement between the COUNTY and HHCP with respect to the subject
matter h~~reof is contained in this Agreement. This Agreement supersedes all prior oral and
written proposals and communications between the COUNTY and HHCP related to this
Agreeme:nt. No provision of this Agreement shall be deemed waived, amended or modified by
either party unless such waiver, amendment or modification is in writing and signed by the party
against ~rhom the waiver, amendment or modification is claimed. This Agreement shall be
binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns.
12. IIHCP agrees to forward to COUNTY along with Notice of Termination or upon receipt
of Notice of Termination, depending upon which party terminates the Agreement, copies of all
documents in his or her possession of any nature whatsoever related to HHCP'S consultation with
COUNT~Y or obtained thereto. The Agreement is automatically terminated upon settlement, trial,
or other court action ending the litigation and no notice is required.
13. If a term, covenant, condition or provision of this Agreement shall be declared invalid or
unenforoeable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditiofLs and provisions of this Agreement shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
Page 3 of 4
3
conditioIls and provision of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The COUNTY and HHCP agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
14. ~rhis Agreement may not be modified in any way without the express, written consent
of both parties. Any and all modifications and Amendments of the terms of this Agreement shall
be in writing and executed by the Board of County Commissioners for Monroe County and by
HHCP in the same manner as this Agreement.
15. (~OUNTY and HHCP agree that nothing contained herein shall create any relationship,
contractllal or otherwise, with or any rights in favor of, any third party.
16. ~rhis 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 (~OUNTY and HHCP may execute this Agreement by signing any such counterpart.
17. <:OUNTY and HHCP agree that if any dispute and disagreement arise between them they
shall be attempted to be resolved by a meet and confer session between representatives of each
party. If the issue or issues are still not resolved to the satisfaction of both parties, then any party
shall have the right to seek such relief or remedy as may be provided under the Agreement or
under Florida law. The parties further agree that no party to this Agreement shall be required to
enter into any arbitration proceeding s related to this Agreement.
18. <:OUNTY and HHCP agree that neither presently has any interest, and shall not acquire
any interest, which would conflict in any manner or degree with its performance under this
Agreeme:nt, and that the only interest of each is to perform and receive benefits as recited in this
Agreement.
~_/-:-~::<~~T..ij!~ AGREEMENT will become effective when executed by both the HHCP and
:e~~ut_~;:5~:!~ Board of County Commissioners of Monroe County, Florida.
< " ,". . ~~'~~~
, Attest:
nann,-r L, K,' ".O"";'.lh,, a, g. ~; lerk
G"'~' 7 ,/
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!)eJl,lJ1Y Cle.rk
Date: Ar'K G 1 2010
Board of County Commissioners
OfMomoecoun~
By: - .-~
, SYIV~aYOr ,..",
Date: J.H~R 2 1 2010 S ~ ;;
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Witness to HHCP:
;...........-.~
o orate Agent~
on behalf oqm~
.JtJttAI JtJIlO~ rr1
Print Name
DATE: 1/2. /10
Signature
Print NaITIe
Address:
DATE:
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Zi'J~~10V::;JP~
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COi\ilPOSITE EXHIBIT ~~A"
To Agreement with HHCP/Architects, Inc.
i Invoice :
I '
GrayRobinson, F..A.
Post Office Box :3
Attn: Mark Miller
Lakeland FL 33802
Project: 3270.00
HHCP I ARCHITECTS
222 W. Maitland Blvd.
Maitland, FL 32751-4399 USA
(407) 644-2656 Lic. AA C000332
Freeman Justice Center
Professional services throuGh November 30. 2009
Outstanding Invoices
Number
0032075
Total
Date
10/31/09
Balance
10,000.00
10,000.00
PLEASE REFERENCE PRC)JECT NUMBER AND INVOICE NUMBER ON REMITTANCE
November 30, 2009
Project No: 3270.00
Statement
RECEIVED
DEe ,2 8 2009
MONROE COUNTY ATTOFlNEV
I Total this invoice -----SO:OOI
Total now due
$10,000.00
~
'------------,
:_ .Iny~ice j
GrayRobinson, P'.A.
Post Office Box ~~
AUn: Mark Miller
Lakeland FL 33802
Project: 3270.011
HHCP I ARCHITECTS
222 W. Maitland Blvd.
Maitland, FL 32751-4399 USA
(407) 644-2656 Lic. AA C000332
Professional services throuGh January 31.2010
Freeman Justice Center Additional Svcs
Professional Personnel
Campbell, Michael 1/14/10
Prepare CI.:lim analysis
Campbell, Michael 1/22/10
Review file for conference call
Totals
Total Labor
Research/Analy.
Hours
Rate
2.00
175.00
1.00
175.00
3.00
PLEASE REFERENCE PRO'JECT NUMBER AND INVOICE NUMBER ON REMITTANCE
I J~
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January 31, 201~
Project No: 3270.01
Invoice No: 0032333
Amount
350.00
175.00
525.00
525.00
7t lU~/$ J JD
r--Totaltilis-invoice-- -- $525.00~
I
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY~ FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained
John H. Jordan
or othern'ise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former C nty officer or employee.
(signature)
1/13/tO
STATE ()F
"4~~ A- ~
O~4~fl--
COUNT~{ OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
JO h i') H. Jd,/ J#IJ.'1 who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this /3"'-' day of
~ ,20&.
~ tl ~6,. 4*
~NOTARYPUBLIC r
My comrrussion expires:
,~~y..~ N~"ry Public State of Florida
. . Ehzabeth E Bridges
~ ~ I My ~ommission 00965414
~ 0, f4-G Expires 03/0912014
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NON-COLL"USION A}'}'IDA VIr!'
I, John H. Jordan of the fIrm of HHCP Architects.. Inc... Maitland.. FL according to law on
my oath, and under penalty of perjury, depose and say that;
STATEOF 1~
COUNTY OF C~
P:ERSONALL Y APPEARED BEFORE ME, the undersigned authority,
-:J:i 1,,, ).). J';"dA.- who, after first being sworn by me,
(name of individual signing)
affixed his/her signature in the space provided above on this /3 CfI-- day of ~ ~
1.)
follows:
4.)
5.)
20-1!L.
I am John H. Jordan, the bidder making the Proposal for the project described as
2.)
the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
3.)
unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the tm the statements contained
in this affidavit in awarding contracts for said p~ . c'-
':/-;.
ature of Bidder)
1/13/tO
DATE
r: ~q~~. ~~ ~
'P'-(f NOTARY PUB~c
My Comnussion Expires:
'~~'" N~tary Public State of Frorida
. . Elizabeth E Bridges
~~ ,J My ~ommission 00965414
-"0,,..' Expires 03/0912014
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
HHCP Architects, Inc., Maitland, FL
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,
and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual serVices that are under bid a
copy of th4~ statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
fl'3) 0
Date
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