12/11/2013 AgreementAMY NEAVILIN, CPA
CLERK Of CIRCUR COURT &COMPTROLLER
MONROE C011llix RARDA
DATE: December 23, 2013
TO: Bob Shillinger
County Attorney
ATTN. Kathy Peters
FROM: Vitia Fernandez, D. C.
At the December 1 Ph, 2013, Boar�rof County Commissioner's meeting the Board granted approval of
Item Q3 Contract with Chapman Consulting Services, Inc. in the lump sum amount of $6,890.00 for
expert witness review in the case of Monroe County vs. Gonzalez. Funding shall come from the
litigation fees account related to this lawsuit.
Enclosed is a certified copy of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax. 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AGREEMENT is made as of this 11! day of December, 2013, between Monroe
County ("COUNTY"), a political subdivision of the State of Florida, whose address Is 1100
Simonton Street, Key West, Florida 33040 and Chapman Consulting Services ("CONSULTANT")
whose address is 10133 Pointview CT., Orlando, FL 32836, for expert witness and consulting
services in connection with the lawsuit, Monroe County vs. Gonzalez ("Litigation");
WHEREAS, COUNTY desires to compensate the CONSULTANT for work he performed in
the above lawsuit at the request of outside counsel with consent of the Office of the County
Attorney to provide expert witness and consulting services in connection with the Litigation; and
WHEREAS, CONSULTANT has rendered the services for the County in the litigation and
has consulted on the Litigation;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual covenants
contained herein, agree as follows:
SECTION I. SERVICES. CONSULTANT has provided the consultation needed in the above
references lawsuit, but has not been compensated for those services. CONSULTANT provided
the services as required by the County.
SECTION It. COMPENSATION. Compensation for the services provided shall be in the lump
sum of Six Thousand, Eight Hundred Ninety Dollars and no/cents ($6,890.00).
SECTION Ill. PAYMENT. Consultant shall be paid the above sum as soon as possible after this
Agreement is approved by the Board of County Commissioners.
SECTION V. NON -WAIVER OF IMMUNITY AND HOLD HARMLESS. COUNTY and CONSUTTANT
acknowledge that COUNTY does not waive immunity nor does COUNTY agree to hold the
Consultant harmless; notwithstanding the provisions of Sec. 769.28, Florida Statutes..
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 Vill. 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.
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:
Office of the County Attorney
P.O. Box 1026
Key West, Florida 33041
FOR CONSULTANT:
Chapman Consulting Services
10133 Pointvlew CT.
Orlando, FL 32836
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 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
Or'stwritten above.
Chap n Consulting ices
B
Mackie Chapman
BOARD OF COUNTY COMMISSIONERS OF
MONROE CO NTY, FLO
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