Item Q3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: J anuary 16, 2013-Key West _ Division _Counter Attorney_ .,
Bulk Item: Yes X No Department: CountAttorney
Staff Contact Person: Derek V. Howard; 292-3470
AGENDA ITEM WORDING:
Approval of Agreement for Expert Witness Services between Monroe County Board of County
Commissioners and Vernis & Bowling of the Florida Keys, P.A.
ITEM BACKGROUND:
Monroe County has no Expert Witness Service contract with Vernis & Bowling of the Florida Keys,
P.A.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $125.00 per hr. .
REVENUE PRODUCING: Yes Rj No xx
SOURCE OF FUNDS: Growth . Management
AMOUNT PER MONTH Year
APPROVED BY: County Atty -_ x,/ OMB/Purchasing Risk Management
V
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Vernis & Bowling of the Contract # -
F 1 or i da Keys, PA Effective Date: 01-01-2012 retroactive
Expiration Date: upon compensation of
expert witness
Contract Purpose/Description:
After -the -fact compensation of expert witness services re Growth Management
litigation styled Emmert v. Monroe Co. & State of FL, CA-P-02-520
Contract Manager: Derek V. Howard 3470 CAY/Stop 7
(Name) (Ext.) (Department/Stop #)
for ROCC meeting on 01-16-2013 Agenda Deadline: 01-02-2013
CONTRACT COSTS
Total Dollar Value of Contract: $ 1625 Current Year Portion: $
Budgeted? Yes❑ No ❑ Account Codes:
Grant: $ NIA - - - -
County Match: $ NIA
ADDITIONAL COSTS
Estimated ongoing Costs: $ Syr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date out
Date In Needed Reviewer
Division Director 121271 Yes ❑ No ® _tr•ID
n � a L - Hal I ERM c,rl-2-
Robert B. Shillinger, Esq,
Risk Management _ Yes ❑ No ❑
0.M.B./Purchasing � _ YesL ] NoL]
County Attorney 12127 Yes❑ No® Cynthia j, 12-27-12
Derek V. Howard, Esq.
Comments: -contract is a one-time event drafted solely for the
_ pur20se of compensation of Dirk M. Smits, Esq. , of Vernis &
Bowling for his services render--ed as an expert witness on
-
aornefees : r . nt
t......�.......� n.. .���u wn=cl a �_,�� �� offer �vn AAvnr-Ate f r
VV %.,& A.. %.,* 8, %.� & aVV
he County to recoup 40,000 in costs from
OMB Form Revised 2/27/01 MCP 42the losing party in the litigation.
AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AGREEMENT is made as of this day of ,
2012, between Monroe County ("the COUNTY"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key west, Florida 3 3 040, and Vernis & Bowling of the
Florida Keys, PA, ("CONSULTANT"), whose address is 1680 NE 135 h Street, 2nd Floor, Miami
FL 33181, for expert witness services as to attorney's fees and costs in connection with the
Countyy's Motion to Tax Costs in the case entitled Emmert v. Monroe County & State of Florida,
Case No. CA-P-02-520, ("Litigation"} an .inverse condemnation action; and
''WHEREAS, the COUNTY desires to engage CONSULTANT to provide expert witness
and consulting services on the subject of recovering attorneys fees and costs in the litigation;
and
WHEREAS, CONSULTANT desires to render these Services as described in SECTION
1, Scope of Services;
NOW, THEREFORE, the COUNTY and CONSULTANT, in consideration of the
mutual covenants contained herein, agree as follows:
SECTION 1* SCOPE OF SERVICES
CONSULTANT will provide expert witness testimony as to the recovery of attorney's fees and
costs In the litigation.
SECTION 2. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be at the rate of
$125.00 per hour
SECTION 3. PAYMENT
Expenses shall be submitted by CONSULTANT and authorized by the COUNTY in writing with
backup documentation as required by the Clem of Court.
The C OUNTY' S performance and obligation to pay under this Agreement is contingent upon
approval of the Board of County Commissioners at the time of contract initiation and its
duration.
Page 1
If the CONSULTANT'S duties, obligations and responsibilities are materially changed by
written amendment to this Agreement after execution of this Agreement, compensation duo to
the CONSULTANT shall be equitably adjusted, either upward or downward.
SECTION 4. PERIOD OF SERVICE
This Agreement shall become effective upon signature by all parties, shall be retroactive to
January 1, 2012, and shall continue in effect until CONSULTANT'S services are compensated.
SECTION 5. NON -WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSULTANT acknowledge that COUNTY does not waive immunity nor does
COUNTY agree to hold the CONSULTANT harmless; notwithstanding the provisions of Sec.
765.28, 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
irnrnunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY
be required to contain any provision for waiver.
SECTION 6, CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Florida. Venue shall be in Monroe
County.
SECTION 7. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisioins
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 8. NONDISCRIMINATION
CONSULTANT and the COUNTY agree that there will be no dis + ation 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 and COUNTY
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 U.S.C. ss.
Page 2
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 U.S.C. s. 794), which prohibits discrimination
on the basis of handicaps; 4) the Age Discrimination Act of 1975, as amended (42 U.S.C. 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
U.S.C. ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. ss. 3601-3619 et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from
time to time, relating to nondis ' ation 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 9. 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 requested, 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:
Derek V. Howard
Assistant County Attorney
1111 12'' Streeta Suite 408
Key west FL 33040
FOR CONSULTANT:
Dirk M. Smits, Esq.
Vernis & Bowling of the Florida Keys, PA
1680 NE 13 5th Street, 2nd Floor
Miami FL 33131
Page 3
SECTION 10. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with, or any
rights in favor of, any third party.
SECTION 11. 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 12. 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 13, 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 14, 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 the only interest of each is to perform and receive benefits as recited in
this Agreement.
Page 4
SECTION 15. 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 16, 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.
A W HEAVMIN, Clerk of the Court
Deputy Clerk
Date:
Witness as to CONSULTANT
M NROE COUNTY ATTORNEY
(4PP DVED A T ORM:
CYNTHIA L. MALL
ASS TAN CO�f NTY ATTORNEY
Date--- L�T�o t a
Page 5
MONHOE COUNTY, a political subdivision
of the State of Florida ("COUNTY")
Roman Gastesi, Jr.
Monroe County Administrator
Date:
VERNIS & BOWLING OF THE FLORIDA
KEYS, P.A. ("CONSULTANT")
Date:
DIRK M. SMITS
Corporate Officer
81990 Overseas Highway
Islamorada FL 33036
Recel
VERNIS & BOWLING OF THE FLORIDA KEYS, PA veld
1680 N.E. 13 5 th STREET SECOND FLOOR _1UN � 2
MIAMI FL 331 182012
44CAI
(305) 895-3035 COUNrV
*OUR FEDERAL I. D. NUMBER IS: 6 5- 0 4 3 710 3* a EY
June 13, 2012
Reference No. 123839
DEREK V. HOWARD, Asst. Co. Atty.
1111 12th STREET
SUITE 301
KEY WEST, FL 33040
For Professional
Services Concerning:
Matter NutYubv_r :
3516) 120394 EMEMERT v s . MONROE c.:VuN=r-x
(ATTY DMS)
Date
Description
Rate
Hours
05/03/12
DMS
TELEPHONE CONFERENCE WITH DEREK HOWARD
125.00
1.00
REGARDING HEARING NEXT WEEK
05/07/12
DMS
PREPARE FOR FEES AND COSTS HEARING (REVIEW
125.00
3.50
OF MATERIALS)
05/08/12
DMS
RECEIPT AND REVIEW EMAILS AND MATERIALS
125.00
0.20
FOR FEE AND COST HEARING AND "COSTS" ONLY
05/08/12
DMS
FINISH REVIEW OF MATERIALS FOR HEARING
125.00
2.00
05/09/12
DMS
PREPARE FOR AND ATTEND HEARING
125.00
6.00
05/11/12
DMS
TELEPHONE CALL RE: FURTHER PREPARATION
125.00
0.10
REQUESTS
05/14/12
DMS
TELEPHONE CALLS RE: STATUS
125.00
0.20
Professional Fee:
13.00 1,625.00
COSTS ADVANCED
Date
Description
Amount
0.00
Totals for Matter 3516 120394
Total Fees: 1,625.00
Total Cost: 0.00
Sub --Total Current Fees and Costs: $1,625.00
Plus Balance Forward: $0.00
Total Amount Due: $1,625.00
PLEASE INCLUDE OUR FILE & REFERENCE NO. ON PAYMENT. TOTAL AMOUNT DUE ON RECEIPT.
(REVIEW COST PLUS 1.5W INTEREST/MONTH ON PAST DUE INVOICES)
IF WE DO NOT HEAR FROM YOU W/IN 30 DAYS RECEIPT OF THIS INVOICE, WE WILL ASSUME THIS
INVOICE IS CORRECT