11/01/1989CONSULTING AGREEMENT
THIS AGREEMENT is made and entered into this day of
1989, by and between the BOARD OF COUNTY
OMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter called the
"CLIENT" and MR. MARTIN E. FIRESTONE, whose address is 1000
Connecticut Avenue, Suite 500, Washington, D.C. 20036, hereinaf-
ter called the "CONSULTANT".
WITNESSETH•
WHEREAS, CLIENT desires to retain a consultant to assist in
making proper determinations in cable franchise matters, includ-
ing but not limited to assisting with cable franchise contract
negotiations;
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants and promises contained herein, the parties
agree as follows:
RETAINER SERVICES
The CONSULTANT agrees to provide professional cable fran-
chise consulting services to the CLIENT on a retainer basis as
requested by the CLIENT.
SCOPE OF WORK
The CONSULTANT agrees to review and provide a complete analy-
sis of cable franchise contracts submitted in accordance with
Monroe County Ordinance #009-1989 by Monroe Cinema Cable Televi-
sion and TCI Cablevision of Florida, Incorporated.
The CONSULTANT agrees to provide a written report of the
review and analysis to include recommendations with respect to
the development of policy and strategy for entering into formal
contract negotiations with the Applicants.
The CONSULTANT agrees to participate in the formal contract
negotiations with the Applicants, and to report to the Monroe
County Board of County Commissioners the results of these activi-
ties and negotiations in company with submissions of the pro-
posed cable television franchise contracts.
COMPENSATION OF CONSULTANT
The CONSULTANT shall be compensated for services performed
under the terms of this Agreement on the following basis:
The CONSULTANT shall submit an invoice showing the hours expend-
ed at $180.00 per hour. CLIENT shall be charged for actual
hours expended, not to exceed $3,500. per contract reviewed
equaling a total of $7,000. Customary out-of-pocket expenses
(including but not limited to duplication, printing, long dis-
tance calls, postage, FAX, travel and lodging) are included in
the hourly rate.
AUTHORIZATION FOR SERVICES
The CONSULTANT shall perform services under the direction of
the CLIENT'S designee.
NO CONFLICT OF INTEREST
The CONSULTANT assures the CLIENT that, to the best of his
knowledge, the signing of this Agreement does not create any
conflict of interest.
INDEMNIFICATION
The CONSULTANT shall indemnify and hold the CLIENT harmless
from and against any and all losses, penalties, damages, profes-
sional fees, including attorney fees and all costs of litigation
and judgements arising out of any willful misconduct or negli-
gent act, error or omission of the CONSULTANT arising out of or
incidental to the performance of this Contract or work performed
thereunder.
TIME OF PERFORMANCE AND CANCELLATION
The term of this Agreement shall
execution by CLIENT and shall terminate
provided, however, that the Agreement
by either party with or without cause
notice.
begin with the date of its
six months thereafter,
may be terminated earlier
upon (30) days written
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EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement on the day and year first written above.
ATTEST:DANNYY L. KOLHAGE, Clerk
WAf�l
VA'
i
Board of County Commissioners
of Monroe County Florida
By G
Mayor/Chairman
By
Martin E. Firestone
&f. Y 4p
Witness
ADO, S rO FORM
AND C. S FICIENCY
BY
Attorney's Office
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