08/21/2013 Case No. CA-M-04-379AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: September 26, 2013
TO: Bob Shillinger
County Attorney
ATTN: Kathy Peters
FROM: Vitia Fernandez, D.C.
At the July 17, 2013, Board of County Commissioner's meeting the Board granted approval and
execution of Item 05 Agreement for Expert Witness Services with Vernis & Bowling of the Florida
Keys, P.A.
Attached is your electronic copy of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: Finance
File ►/
County Attorney
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: 851 -7145 Fax: 305- 852 -7146
AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AGREEMENT is made as of this day of _ ___
2013, between Monroe County ( "the COUNTY "), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and Vernis & Bowling of the
Florida Keys, PA, ( "CONSULTANT "), whose address is Islamorada Professional Center, 3`
Floor, 81990 Overseas Highway, Islamorada, Florida 33036, for expert witness services as to
attorneys' fees and costs in connection with the County's motions for attorneys' fees and costs in
the case entitled Collins, et. al. v. Monroe County & State of Florida, Case No. CA -M -04 -379
( "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 attorneys' 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
Q V it tv 3 PAYMENT
Expenses 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
approval of the Board of County Commissioners 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 shall be equitably adjusted, either upward or downward.
SECTION 4. PERIOD OF SERVICE
This Agreement shall become effective upon signature by all parties 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.
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 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 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 8. NONDISCRIMINATION
CONSULTANT and the 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 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.
1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504
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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 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 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` Street, Suite 408
Key West FL 33040
FOR CONSULTANT:
Dirk M. Smits, Esq.
Vernis & Bowling of the Florida Keys, PA
Islamorada Professional Center, 3' Floor
81990 Overseas Highway
Islamorada, Florida 33036
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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.
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.
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SECTION 16. EXECUTION
written instrument duly executed by the parties.
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
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor
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