03/21/2012 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: March 29, 2012
TO: Christine Hurley, Director
Growth Management Division
ATTN :: Mayra Tezanos
Executive Assistant
FROM: Pamela G. Hanc k D. C
At the March 21, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item J5 Agreement for Expert Witness Services with
Joseph Paskalik, due to the specific knowledge he possesses, which the County may need in
connection with litigation or claims to which the County is a part.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please feel free to contact our office.
cc: County Attorney
Finance
File ✓
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AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AGREEMENT is made as of this cw day of /; &� ,
2012, between Monroe County ( "COUNTY "), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Joseph
Paskalik, ( "CONSULTANT "), whose address is 490 Porgy Drive, Marathon, Florida
33050, for expert witness and consulting services.
WHEREAS, CONSULTANT was the Building Official for Monroe County until
January 27, 2012, and has specific knowledge which the COUNTY may need in
connection with the lawsuits or claims ( "LITIGATION ") in which COUNTY is a party;
particularly Rock Harbor v. Morgan Ocean Sunrise et al in which the County is a party,
and other matters; and
WHEREAS, COUNTY desires to engage CONSULTANT to provide expert
witness and consulting services in the area(s) of COUNTY building and permit issues
and procedures and the Florida Building Code in connection with the LITIGATION; and
WHEREAS, CONSULTANT desires to render these Services as described in
SECTION I, Scope of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the
mutual covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT will provide expert witness testimony, necessary related research and
investigation solely on behalf of COUNTY for the LITIGATION.
SECTION II. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be at the rate
of $175.00 per hour.
SECTION III. PAYMENT
Consultant shall be reimbursed for travel and other expenses only to the extent and in the
amounts authorized by Article XXVI of the Monroe County Code; payment will be made
periodically, but no more frequently than monthly, in arrears. Expenses and
documentation of work performed shall be submitted by CONSULTANT and authorized
by the COUNTY in writing with backup documentation as required by the Clerk of
Court.
The COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
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If the CONSULTANT'S duties, obligations and responsibilities are materially changed
by written amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT may be equitably adjusted, either upward or
downward.
SECTION IV. PERIOD OF SERVICE
This Agreement shall become effective upon execution by all parties and shall continue
in effect until the services are completed or terminated. This Agreement may be
terminated by either party, with or without cause, upon seven days written notice to the
other party.
SECTION V. NON - WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSUTLANT acknowledge that COUNTY does not waive immunity
nor does COUNTY agree to hold the CONSULTANT harmless; notwithstanding the
provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and
the COUNTY in this Agreement and the acquisition of any commercial liability
insurance coverage, self- insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision
for waiver.
SECTION VI. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida. Venue shall be in
Monroe County.
SECTION VII. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall be valid and binding upon the parties. One or more waivers by either party
of any provision, term or condition shall not be construed by the other party as a waiver of
any subsequent breach of the same provision, term or condition.
SECTION VIII. NONDISCRIMINATION
CONSULTANT and COUNTY 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.
CONSULTANT or COUNTY agrees 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 basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 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, ss. 523 and 527 (42 USC ss. 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) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status
or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
SECTION IX. NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in
person to the individuals and addresses listed below, or if delivered or sent by first class
mail, certified, return receipt, or by courier with proof of delivery. All written
correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. The correspondence shall be directed to:
FOR COUNTY:
Mr. Robert Shillinger
Chief Assistant County Attorney
P.O. Box 1026
Key West, Florida 33041
FOR CONSULTANT:
Joseph Paskalik
490 Porgy Drive
Marathon, FL 33050
SECTION X. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
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SECTION XI. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
SECTION XII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
SECTION XIII. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. COUNTY and CONSULTANT specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
SECTION XIV. COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant 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 Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
SECTION XV. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
SECTION XVI. EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement
between CONSULTANT and COUNTY, and supersedes and controls over all prior written
or oral understandings. This Agreement may be amended, supplemented or modified only
by a written instrument duly executed by the parties.
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,,.!'1 'W,1TN WHEREOF, the parties hereto have executed this Agreement as of the day
above.
L. KOLHAGE, Clerk
By.
Deputy Clerk
STATE OF FLORIDA
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor DavirRice
JOSEPH PASKALIK
I
rm
Date: - a
COUNTY OF MONROE
On this A 1 day ofl�a-44 2012, before me, the undersigned notary public, personally
appeared Joseph Paskalik k nown to me to be the person whose name is subscri
above or who produced as identification, and acknowledged
that he is the person who executed the above Agreement for the purposes therein
ontained.
Notary Oublic
Print Name MAYRATEZANOS
Notary Public - State of Florida
My commission expires: Mrcortwnisaia,Exp�resMaytg,2ot2 Seal
sion # DD 760436
Banded Through National NofaryAssn.
MONROE COUNTY AJI.QRNEY
APPROWD AST FORM
5 Date:
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STATE OF FLORIDA
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor DavirRice
JOSEPH PASKALIK
I
rm
Date: - a
COUNTY OF MONROE
On this A 1 day ofl�a-44 2012, before me, the undersigned notary public, personally
appeared Joseph Paskalik k nown to me to be the person whose name is subscri
above or who produced as identification, and acknowledged
that he is the person who executed the above Agreement for the purposes therein
ontained.
Notary Oublic
Print Name MAYRATEZANOS
Notary Public - State of Florida
My commission expires: Mrcortwnisaia,Exp�resMaytg,2ot2 Seal
sion # DD 760436
Banded Through National NofaryAssn.
MONROE COUNTY AJI.QRNEY
APPROWD AST FORM
5 Date: