FY2009-2013 1st Amendment 04/20/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: April26, 2011
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Isabel C. DeSantis, D. C.
At the April 20, 2011, Board of County Commissioner's meeting, the Board approved the
following:
Item Q5 First Amendment to the Professional Services contract of Thomas Wright,
Esq. to enable Mr. Wright to perform additional services related to the Contractors Examining
Board (CEB), related ordinances and rules and procedures.
Enclosed are two copies of the above -mentioned for your handling. Should you have any
questions, please feel free to contact this office.
i.
cc: Finance
File
First Amendment to the Professional Services Contract
With Thomas Wright dated August 19th 2009
On this day of �,
2011, the Board of County Commissioners of
Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in
accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and
Thomas Wright, Esq., ("Attorney"), hereby entered into this First Amendment to the Professional
Services Contract dated August 19t', 2009.
Whereas, the present contract with the Attorney is limited to representation at Contractor
Examining Board (CEB) hearings; and
Whereas, it is in the best interest of the County to extend the scope of work to be
performed by the Attorney under the present contract to include additional representation;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties amend the contract dated, as follows:
Paragraph 2 of the Professional Services Contract shall be amended to state:
"I Scope of Services.
The Attorney shall advise the CEB on procedures for the conduct of the
hearings and substantive legal matters pertaining to the hearings, including
but not limited to interpretations of code and statutory provision applicable to the
hearings, as well as such administrative questions as may arise.
In addition, the attorney shall:
(1) Amend Monroe County Code Section 6-267 to change the code requirements
for CEB meeting dates as determined by the Director of Growth Management
=; and the County Attorney; and
(2) Draft rules and procedures for the CEB in consultation with the Director of
Growth Management and the County Attorney; and
(3) Amend Monroe County Code Section 6-270 to clarify the language regarding
repeat violations and amend any related statutes to eliminate any contradictions;
and
(4) Amend Section 6-56 to clarify the duties, responsibilities, and membership of
the Construction Board of Adjustment and Appeals; and
(5) Amend Monroe County Code sections from time to time as called upon to do
so in consultation with the Director of Growth Management and the County
Attorney; and
(6) Provide legal research related to the CEB and the Construction Board of
Adjustment and Appeals, from time to time as called upon to do so in
consultation with the Director of Growth Management and the County
Attorney.
The Attorney shall provide the Director of Growth Management with at least three (3)
days notice prior to a hearing if it should become necessary to recuse himself from a
matter or if he otherwise has any scheduling conflict requiring that an alternate
attorney be provided to the CEB."
2. Paragraph 3 of the Professional Services Contract shall be amended to state:
"3. Compensation. The County shall pay the Attorney at a rate of One
Thousand Five Hundred Dollars ($1,500) per meeting of the CEB at which
Attorney provides counsel. If a meeting is continued for a second day, Attorney shall be
paid at the rate of Hundred Fifty Dollars ($150) per hour for additional time.
In addition to the compensation for hearings, when the Attorney is requested to
to perform other responsibilities as set forth in this agreement, the Attorney shall be paid
at the rate of Hundred Fifty Dollars ($150) per hour for the legal time spent providing
such services. The maximum amount of compensation for the hourly rate shall be
limited to and shall not exceed Twenty -Five Thousand Dollars ($25,000) in any calendar
year. It is the responsibility of the Attorney not to exceed this amount. Attorney agrees
that he is not authorized to exceed that amount and will not be compensated for hours
worked in excess of that amount without prior approval of the Board of County
Commissioners."
Paragraph 4 of the Professional Services Contract shall be amended to state:
"4. Billing. The Attorney shall submit a payment request in the form of an invoice to
the Growth Management Director on or before the tenth of each month for the services
performed during the previous month; late submission of the invoice may cause delay in
payment of the invoice. The bill must list the date of service, the service performed, and
the amount of time expended on the service divided into tenths of an hour, with such
specificity that the service can be understood by the clerk and shall provide any back-up
documentation if required by the clerk and shall conform to all statutory requirements
and all requirements specified by the local government entity to which the bill is
submitted. The bill must be in a form satisfactory to the County Clerk who is responsible
for review of invoices prior to payment. This contract is subject to the Local Government
Prompt Payment Act, Florida Statute Chapter 218 part VII."
4. The remaining provisions of the Professional Services Contract, not inconsistent
herewith, shall remain in full force and effect.
THIS FIRST AMENDMENT to the Professional Services Contract dated August 19,
come effective when executed by both the Attorney and by the Board of County
;s f Monroe County, Florida.
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