Item Q4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17. 2003
Division:
County Administrator
Bulk Item Yes --X-
No
Department: County Administrator
AGENDA ITEM WORDING:
Approval of Amendment to Consulting Contract with Robert F. Reyes and W. Douglas Moody with the
firm of Mitchell & Reyes, Inc.
ITEM BACKGROUND:
The current Contract was entered into in May of 1998, but which had an effective date ("nunc pro
tunc") of January 14, 1998. Amendments were approved in 2001 and 2002. The current Amendment
expires on January 31, 2004. This Amendment is to extend the expiration date to January 31, 2005.
PREVIOUS RELEVANT BOCC ACTION:
As stated above.
CONTRACT/AGREEMENT CHANGES:
Extending expiration date of Contract to January 31,2005.
ST AFF RECOMMENDATIONS:
Approval.
TOTAL COST:
$5.000/month
BUDGETED: Yes -.2L No
COST TO COUNTY:
$5.000/month
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing X
Risk Management X
DIVISION DIRECTOR APPROVAL:
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V James L. Roberts "/
DOCUMENTATION:
Included
X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM #--.W
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Mitchell & Reyes, Inc. Contract #_
Effective Date: 2/01/04
Expiration Date: 1/31/05
Contract Purpose/Description:
Approval of Amendment to Consulting Contract with Robert F. Reyes and W. Douglas
Moody of the firm of Mitchell & Reyes, Inc.
Contract Manager: Debbie Frederick 4741 Co. Administrator/Stop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 12/17/03 Agenda Deadline: 12/2/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 60,000
Budgeted? Yes[gl No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
001-00101-530310-_-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
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Changes
Needed - /
YesD N~ -----./
YesD N09
YesD N00
Y esD No~ (:=J <J
\
Date Out
Date In
Division Director I~
Risk Management /,llf/oJ
1/1 K\//r:
O. M.B./Purchasing I JlfLlJ..?
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Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO CONSULTING CONTRACT
Mitchell a. Reyes, Inc.
THIS contract amendment is entered into this day of ,
2003, by and between Monroe County, a political subdivision of the State of Florida, Gato
Bldg., 1100 Simonton Street, Key West, FL 33040, and Mitchell & Reyes, Inc., 305 South
Gadsden Street, Tallahassee, FL 32301, and the parties mutually agree as follows:
The parties entered into a consulting contract dated May 13, 1998, but which had
an effective date ("nunc pro tunc") of January 14, 1998. A copy of that contract (the
original contract) is attached hereto. The original contract term is hereby modified to
expire on January 31, 2005. The original contract between the parties is amended by
the addition of the following:
a) Consultant shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the County and
Consultant agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
The County and Consultant agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the
issue shall be submitted to mediation prior to the institution of any other administrative
or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions 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, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Consultant 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.
d) Attorney's Fees and Costs. The County and Consultant agree that in the
event any cause of action or administrative proceeding is initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative, and .out-
of-pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
e) 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.
f) 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.
g) 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 no resolution can be
agreed upon within 30 days after the first meet and confer session, the issue or issues
shall be discussed at a publiC meeting of the Board of County Commissioners. 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.
h) Nondiscrimination. County and Consultant 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 Consultant 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 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 may
be 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.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, County and Consultant agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services under
this Agreement. County and Consultant specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
j) Covenant of No Interest. County and Consultant 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.
k) 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.
I) No Solicitation/Payment. The County and Consultant warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than
a bona fide employee working solely for it, to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Consultant agrees that the
County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
m) Public Access. The County and Consultant shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials
in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Consultant in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this Agreement
upon violation of this provision by Consultant.
n) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the County and the Consultant 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.
0) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the
County.
p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and
case law.
q) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Consultant agree that neither the County nor the
Consultant or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
r) Attestations. Consultant agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
s) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
t) Execution in Counterparts. This 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 any of the parties
hereto may execute this Agreement by singing any such counterpart.
u) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such .section headings
are not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day.and
year first above written.
(SEAL)
AlTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
(SEAL)
Attest:
MITCHELL & REYES, INC.
By
By
Jconlobbv/M&R
AMENDMENT TO CONSULTINS CONTRACT
MItchell 4 R&yes, Inc.
..-
THIS contract amendment is entered into this /BJi, day of ~ . 200Z, by
and between Monroe County, a political subdivision of the State of Florida, Gato Bldg., 1100
Simonton Street, Key West, FL 33040, and Mitchell & Reyes, Inc., successor in interest to Graham
& Moody, PA, 305 South Gadsden Street, Tallahassee, FL 32301, and the parties mutually agree as
follows:
The parties entered into a consulting contract dated May 13, 1998, but which had an
effective date rnunc pro tunc") of January 14, 1998. A copy of that contract (the original
contract) is attached hereto. The original contract term is hereby modified to expire on January
31, 2004. In all other respects, the original contract between the parties remains in full force
and effect.
~ WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
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y~first-cibove written.
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(SE~L) ::Y" ,
. ATTEST: DANNY L KOLHAGE, a.ERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BYShaL-J.. C. ~\JaM.i;J
/
Deputy Clerk
By LP~ >n ~
Mayor/Chairman
(SEAL)
Attest:
MITCHELL & REV 5, INC.
By
By
jdconlobby
,. .
MENbMENT.TO CONSyL"l'"INfr.~.
1liIS .....,Iract amendment is entered lmo 1hls /7~ of At" / I ,2002. by
and between Monroe Coun1y, a political subdivision of the State of Florida, Gato Bldg., 1100
Simonton Street, Key W~, Fl. 33040, and Mitchdl &, Reyes, Ine., successor in interest to Graham
& Moody, PA, 215 South Monroe Strut, #600, Tallahassee, Fl. 32301, and the parties mutuafly
agree as .follows:
The parties entered. into a consulting contract dated Mat 13, 1998, but which had an
effective date rnunc pro tunc") of January 14, 199B. A copy of that contract (the original
contract) is attached hereto. The original contract term is hereby modified to expire on January
31, 2003. In all other respects, the original contract between the parties remains in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
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A "~l t:.s.i~DA~iw r1'KOu-fAGE, a.ERK
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By~:"C~ Q &.,~
,
Deputy aerk
BOARD OF COUNTY. COMMISSIONERs
:: MONROE co~ MRIDA
Mayor/Olairman
(SEAL)
Attest:
By
MITCHELL & REYES, INC.
B~~
Gl"7'~~ Kay t Clail
., 'jl] t.CY~, canm EXIIIIES
" .. FebnlaIy 21. 2005
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jdconlobby
CONmll1NG ~N1RA~
tJ
THIS CONTRACT entered into this t~ day of . -wi ~_ 1998. by and between Monroe
Counfy, a political subdivision of the State of Rorida. Public Service Building, 5100 College Road, Stock
Island, Key West, Fl 33040, hereinafter Counfy, and Robert F. Reyes and W. Douglas Moody, Jr.. of the
law fnm of Graham & Moody. 101 North Gadsden Street, Taffahassee, Fl3230 1, hereinafter Consultant.
1. The Consultant represents that it is professionally qualified to provide services for
representation of the Counfy's interests before state and federcf bodies, specifically including the
legislature, Rorida land and Water Adjudicatory Commission, the Department of Community Affairs,
and other agencies and tnbunals which are pert of the state or federaJ government.
2. The Consultant will be paid a monthly retainer of $5.000 payable in arrears. for the
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representation services described in paragraph one. Such services are to be p~ ~m: eme
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supervision and dfrectfon of the County Administrator. :~ N -,y
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3. If the County, in its discretion. fails to appropriate funds for this contrcciiR~dm1ty ;Ust
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immediately notify the Consultant In writing. The Consultant must cease performin~fifes ~on
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receipt of the County's nonappropriation letter. The Consultant must also turn over to the County any
wor1< product generated for the County pursuant to this contract. whether complete or not. The County
must then pay the Consultant the monthly fee. or proportional monthly fee if terminated during a
month. due at the time the Consultant received the nonappropriation notice.
4. The Consuitant warrents that aJI services performed at the direction of the County
Administrator will be carried out In a competent and professlonaJ manner. Further, the Consultant must.
without additional compensation. promptly correct any errors, omissions, deficiencies or conflicts in any
wor1< product created pursuant to this contract.
5. When approved by the Counfy Administrator, reasonable monthly expenses incurred in
providing the services may also be paid in addition to the retainer. However. trevet expenses may only
be paid to the extent authorized by See. 112.061. Rorida Statutes.
6. The Consultant warrants that any work product created under this contract does not
infringe upon or violates the patent. copyright or trademaric: of any third person. If a daim of
infringement or violation is made by a third person against the County. the County must notify the
Co~ within ten business days of the date the Caun1y received the cfafm. '01. ConsuJtant'must
then indemnify and defend the County against the third party's claim bearing all casts. fees. and
expenses of the defense. The Counfy1s failure to tfmety notify the Consultant Is a waive.;-. of this warranty.
7. All data and documents produced or obtained in the course of carrying out any. worle
requested by the County Adminisfrctor - and will remain - the property of the County, and must be
.
delivered to the County Adminisfrctor before the County may make the final payment to the
Consuitant for the work requested. The Consultant may retain copies of. the documents and data
delivered to the County, but the copies must be prepared at the Consultant's expense.
8. 'The Consultant may only use qualified penonnej to perform the services required of it
under the contract. At the time of the execution of this contract the parties expect that the fof/owing
individucts Wl1I perform those services:
A. Robert F. Reyes
B. W. Douglas Moody, Jr.
C. Any other penon approved by the County Administrator or the County Attomey .
If any of these individuals leave the Consultant's empfoy, he or she must be promptly replaced
with a similarty qualified individual. The replacement individual is also subject to the approval of the
County Administrator, whose approvat will not be unreasonably withhejd_
9. 'The Consultant may not assign or subcontract its obligations under this contract without
the written consent of the County.
10. Records of the Consultant's direct personnel payroll and reimbursable expenses
pertaining to the :project and profect tasks and records of the accounts befween the County and the
Consultant must be kept on a generafly recognized accounting basis and must be cvCJlabie to the
County or its authorized representative dUring norma business hours. The Consuftant must keep the
records for three years foUowing the project.
11. The Consultant is an independent contractor. Nothing in this contract may create a
contractual refationship with. or any rights in favor of. any third party inducting subcontractors or
materiatmen of the Consuftant. The Consultant's use of a subcontractor(s) to perform any service or to
create any work product win not In any way retieve the Consuftant of Its obligations under this contract.
even though the subcontractor was approved by the County.
2
. .
'12. The Consultant acknowfedges that aU AICOR:b. data, and documen1s aeated as part of
the prefect are pubUc recads under Chapter 119. Aorfda Statutes. As a result. they must be made
avaHable at a reasonable place and time upon the request of a member of the publi~ Failure to do so
is a breach of this confract enfftling the County to treat the ccnfract as terminated on the date of the
violation of Chapter 119, Rorida Statutes, with the County's obligation to pay extending only to work
completed as of that date.
13. 8ther party may terminate this confract because of the faiiure of the other party to
perform its obligations under the contract. If the County terminates this contract because of the
Consultant's failure to perform, then the County must pay the Consultant the monthly fees. or portion
thereof if terminated during a month, due for aff services performed and work product satisfactorily
completed (as determined by the County Administrator) up to the date of the Consultant's failure to
perform but minus any damages. both direct and consequentiat. the county suffered as a result of the
Consuitant.s faiiure. The damage amount must be reduced by the amount saved by the County as a
result of the contract termination. The Consultant is liable for any additional amount necessary to
compensate the County if the amount due the Consultant Is insufficient to compensate the County for
the damages suffered.
14. This contract has been carefully reviewed by both the Consultant and the County.
Therefore, this contract Is not to be strfctty construed against any party on the basis of authorship.
15. This contract represents the partfes' flnat end mutua understanding. It replaces any
ecrtier agreements or understandings. whether written or orcJ. This contract cannot be modified or
replaced except by another signed contract.
16. Nothing in this contract should be read as modifying the applicable statute of limitations.
The waiver of the breach of any obligation of this can1ract does not waive another breach of that or
any other obligation.
17. The Consultant warrents that he/if has not emplOYed. retained or otherwise had act on
his/its behaff any former County officer or employee subject to the prohibitio~ of Section 2 of
Ordinance No. 010-1990 or any County officer or empJoyee in violation of Section 3 of Ordinance No.
3
; 01~J990. Fer breach << violation of fhIs pravisfan the Caun1y may. In Its discretion. terminate -:fhls
coniract without liability and may also. in its discretion. deduct from the confracf or purchase price, or
otherwise recover. the fuB amount of any fee. commission. percentage, gift, or consi~eraffon paId to
the former County offfcer or employee.
18. This confrcct is governed by the laws of the State of Rorida. Venue for any litigation
arising under this confrcct must be in Monroe County. Ronda.
19. The Consultant agrees that It will not unlawfully discriminate against any of Its employees
of applicants for employment because of their race. color, religion. sex. national origin or disability. The
Consultant must insert a provision similar to this paragraph in any subcontracts awarded under this
conircct except those for the purchase of commercial supplies and raw materials.
20. All communication befween the parties should be through the following individuals:-
Monroe County
Jim Roberts, County Administrator
Public Service Building
5100 College Road.
Stock Island
Key West. R. 33040
BV~C. ~
Deputy Oeik .
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY, R.ORIOA
~
By
By
jCOrMobby
4