Item H2M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: H2
Agenda Item Summary #3303
BULK ITEM: Yes DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Reynaldo Ortiz (305) 453 -8814
N/A
AGENDA ITEM WORDING: Approval of a Professional Services Contract with Thomas D.
Wright to continue to serve as legal counsel for the Contractors' Examining Board with a change to
include services to the Planning Commission
ITEM BACKGROUND:
Monroe County authorizes the Contractors' Examining Board (CEB) to conduct hearings to
determine if contractor's licenses or certificates for competency should be suspended or revoked, or
sate certified contractors should have their permitting privileges suspended or revoked for violation
of Chapter 6 of the Monroe County Code. Mr. Tom Wright has served in the capacity of legal
counsel for the CEB since August, 2009 and his current expires on October 1, 2017. He has agreed
to renew the contract ant the same terms and conditions for an additional four year term. His only
comment was for additional language for when he asked to serve as alternate legal counsel for the
Monroe County Planning Commission. The contract provides for a set fee for hearings of $1,500,
and an hourly rate of $150.00 for a second day of hearings and additional services with an annual
cap of @25,000.00. This item is included in the approved budget for FY2018.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved previous contract with Mr. Thomas Wright on 8/1/09.
BOCC approved a first amendment to the contract on 4/20/11.
BOCC approved contract with Mr. Thomas Wright on 10/16/2013
CONTRACT /AGREEMENT CHANGES:
Approval of a Professional Services Contract with Thomas D. Wright to continue to serve as legal
counsel for the Contractors' Examining Board with a change to inculde services to the Planning
Commission
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Professional services contract T. Wright CEB 2018 - signed
FINANCIAL IMPACT:
Effective Date: October 1, 2017
Expiration Date: September 30, 2021
Total Dollar Value of Contract: NTE 75,000
Total Cost to County: $1,500.00 per CEB meeting plus $150.00 per hour for additional
services with annual cap of $25,000 for hourly fees
Current Year Portion:
Budgeted: 12,000 FY 2018
Source of Funds: 180 - 52502 - 530318
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
$1,500 per CEB meeting plus $150.00 per hour for additional services with annual cap of
$25,000 for hourly fees.
09/20/17 180 -52502 -BUILDING DEPARTMENT
Legal Fee account 530318 -12k per year, 10 meetings x $1,500.
I to] XTAi Do 1111"
Rick Griffin
Completed
Steve Williams
Completed
Budget and Finance
Completed
Jaclyn Carnago
Completed
Maria Slavik
Completed
Assistant County Administrator Christine Hurley
09/05/2017 3:18 PM
Reynaldo Ortiz
Completed
Kathy Peters
Completed
Board of County Commissioners
Completed
$60,000.00
08/31/2017 8:47 AM
09/01/2017 3:00 PM
09/01/2017 3:02 PM
09/01/2017 3:25 PM
09/03/2017 3:11 PM
Skipped
09/05/2017 3:29 PM
09/05/2017 4:18 PM
09/20/2017 9:00 AM
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is made and entered into this 20 day of September, 2017, by and between
the Board of County Commissioners of Monroe County, a political subdivision of the State of
Florida, hereafter COUNTY, whose address is Gato Building, 1100 Simonton Street, Key West, FL
33040, and THOMAS D. WRIGHT, whose address is P.O. Box 500309, Marathon, FL, 33050 -0309,
hereafter ATTORNEY.
WITNESSETH:
WHEREAS, Chapter 6, Article III, Monroe County Code, authorize the Contractors
Examining Board (CEB) to conduct hearing to determine if contractors licenses or certificates of
competency should be suspended or revoked, or state certified contractors should have their
permitting privileges suspended or revoked for violations of Chapter 6, and
WHEREAS, the CEB has traditionally been provided legal counsel for their quasi - judicial
hearings but the County staff has had to provide the full extent of prosecution of the state
cases without legal counsel to assist in presenting their cases; and
WHEREAS, the COUNTY deems it in the best interest of the residents and property
owners in Monroe County to provide an attorney for both prosecutorial purposes and advice to
the CEB; and
WHEREAS, there is a conflict of interest for members of the County Attorney's Office to
serve in both capacities; and
WHEREAS, it is deemed most efficient to have the prosecutorial attorney be the
attorney assigned to prosecute cases before the Code Enforcement Special hearing magistrate
as the CEB cases generally overlap those of Code Enforcement and for the attorney advising the
CEB to be a contracted attorney with experience in handling administrative hearings;
NOW, THEREFORE, in consideration of the mutual promises contained in this contract
the parties agree as follows:
1. The ATTORNEY shall serve as legal counsel to the Contractors Examining Board. The
Attorney further understands that the County will contract for one alternate to serve on
dates when there are scheduled cases which require the Attorney's recusal and for
dates on which there are scheduling conflicts, although Attorney is expected, to the
greatest degree possible, to avoid such scheduling conflicts.
Scope of Services. The ATTORNEY shall advise the CEB on procedures for the conduct of
the hearings and substantive legal matters pertaining to the hearings, including but not
limited to interpretations of Code and statutory provisions applicable to the hearings, as
well as such administrative questions as may arise.
A. Amend Monroe County Code Section 6 -267 to change the code
requirements for CEB meeting dates as determined by the Assistant County
Administrator and the County Attorney; and
B. Draft rules and procedures for the CEB in consultation with the Assistant
County Administrator and the County Attorney; and
C. Amend Monroe County Code Section 6 -270 to clarify the language regarding
repeat violations and amend any related statutes to eliminate any
contradictions; and
D. Amend Section 6 -56 to clarify the duties, responsibilities, and membership of
the Construction Board of Adjustment and Appeals;
E. Amend Monroe County Code section from time to time as called upon to do
so in consultation with the Assistant County Administrator and the County
Attorney; and
F. Provide legal research related to the CEB and the Construction Board of
Adjustment and Appeals, from time to time as called upon to do so in
consultation with the Assistant County Administrator and County Attorney.
G. Provide services on an as needed basis in the event that counsel for the
Monroe County Planning Commission is unavailable due to vacation or other
unanticipated absence.
The ATTORNEY shall provide the Assistant County Administrator with at least three (3) day's
notice prior to a hearing if it should become necessary to recuse himself from a matter or if he
otherwise has any scheduling conflict requiring that an alternate attorney be provided to the
CEB. The ATTORNEY understands that the County Attorney's Office will continue to provide the
CEB with ordinance drafting services, and that from time to time, the CEB may schedule a
portion of a meeting for consultation on such matters. The ATTORNEY may participate in such
discussions although the primary purpose of this Agreement is to provide outside counsel for
the conduct of quasi - judicial hearings.
3. Compensation. The COUNTY shall pay the ATTORNEY at a rate of One Thousand Five
Hundred Dollars ($1,500.00) per meeting of the CEB at which ATTORNEY provides
counsel, If a meeting is continued for a second day, ATTORNEY shall be paid at the rate
of One Hundred Fifty Dollars ($150.00) per hour for additional time.
In addition to the compensation for hearings, when the Attorney is requested to perform
other responsibilities as set forth in this agreement, the Attorney shall be paid at the rate of
One Hundred Fifty Dollars ($150.00) per hour for the legal time spent providing such services.
The maximum amount of compensation for the hourly rate shall be limited to and shall not
exceed Twenty Five Thousand Dollars ($25,000.00) in any calendar year. It is the responsibility
of the Attorney not to exceed this amount. Attorney agrees that he is not authorized to exceed
that amount and will not be compensated for hours worked in excess of that amount without
prior approval of the Board of County Commissioners,
4. Billing. The ATTORNEY shall submit a payment request in the form of an invoice to the
Assistant County Administrator on or before the tenth of each month for the services
performed during the previous month; late submission of the invoice may cause delay in
payment of the invoice. The bill must list the date of service, the service performed, and
the amount of time expended on the service divided into tenths of an hour, with such
specificity that the service can be understood by the clerk and shall provide any back -up
documentation if required by the clerk and shall conform to all statutory requirement
and all requirements specified by the local government entity to which the bill is
submitted. The bill must in a form satisfactory to the County Clerk who is responsible for
review of invoices prior to payment. This contract is subject to the Local Government
Prompt Payment Act, Florida Statue Chapter 218, Paragraph VII.
5. Termination by County. The ATTORNEY serves at the pleasure of the COUNTY'S Board of
County Commissioners. The Board may terminate this contract by providing the
ATTORNEY with 30 days written notice of termination. Upon receipt of the notice or
upon any later effective termination date described in the notice, the ATTORNEY must
immediately cease performing any further services under this contact. The COUNTY will
remain obligated to pay the ATTORNEY for all services performed -but unpaid -up to the
date of the ATTORNEY'S receipt of the notice or the effective date, which may be
specified by the Board, which shall not be less than 30 days unless mutually agreed to, in
writing, between the parties.
6. The ATTORNEY warrants that he has not employed , retained or otherwise had act on
his behalf any former County officer or employee subject to the prohibition of Section 2
or Ordinance No. 0101 -1990 or any County officer or employee in violation of Section 3
or Ordinance No. 010 -1990. For breach or violation of this provision the COUNTY may, in
its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County
officer or employee.
7. The COUNTY will provide the ATTORNEY with at least fifteen (15) days' notice of any
scheduled hearing, and at least five (5) days' notice of the persons scheduled to appear
before the CEB for disciplinary hearings.
8. Term of Agreement. The term of this Agreement begins on October 1, 2017 and
terminates four (4) years thereafter, unless earlier terminated in accordance with the
terms of this agreement.
9. Termination by Attorney. The ATTORNEY may terminate his contract by giving the
COUNTY at least thirty (30) days' written notice. The ATTORNEY shall be paid for all
services performed -but unpaid- up to the effective date of his termination.
10. Notice. All written notices of intent to terminate will be considered to have been
delivered and received if hand delivered or sent by certified US Mail or a nationally
recognized courier service to the addresses first written above. All written notices of
scheduling of meeting, conflicts and recusals shall be delivered by hand, through US
mail, or through e-mail. Notices shall be provided to the following:
FOR COUNTY:
Assistant County Administrator and
2798 Overseas Highway, Ste. 400
Marathon, FL 33050
OR ATTORNEY
9711 Overseas Highway
Marathon, FL 33050
County Attorney
1111 12"' Street, Suite 408
Key West, FL 33040
11. Attorney's Fees. Venue, Applicable Law. In the event of litigation to enforce payment or
any of the terms of the agreement, the prevailing party shall be entitled to receive
reasonable attorney's fees, including appellate attorney's fees, if necessary. This
Agreement shall be governed by and construed in accordance with the legal action
which may arise out of or under this agreement shall be in Monroe County, Florida
12. Public Entity Crime Statement. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity in excess of the threshold amount provided in
4
Section 280.017, F.S./ for CATEGORY TWO for a period of thirty six (36) months from the
date of being placed on the convicted vendor list.
13. Entire Agreement. The entire agreement between the COUNTY and ATTORNEY with
respect to the subject matter hereof is contained in this Agreement supersedes all prior
oral and written proposals and communications between the COUNTY and ATTORNEY
related to this Agreement. No provision of this Agreement shall be deemed waived,
amended or modified by either party unless such waiver, amendment or modification is
claimed. This Agreement shall be binding upon and inure to the benefit of the parties
hereto; their permitted successors and assigns.
14. Florida Government- In -The- Sunshine Law. ATTORNEY agrees that, unless specifically
exempted or excepted by Florida law, the provisions of Chapter 286, Florida Statutes,
generally require full and public discussion of matters to be voted upon by the
Contractors Examining Board. ATTORNEY agrees to consult with the COUNTY
ATTORNEY'S office concerning the application of the Sunshine Law from time to time
concerning specific circumstances that may arise during the term of this Agreement.
15. Florida Public Records Law. ATTORNEY agrees that, unless specifically exempted or
excepted by Florida law or Rules and Regulations of The Florida Bar; the provisions of
Chapter 119, Florida Statutes, generally require public access to all records and
documents which may be made or received under this Agreement. ATTORNEY agrees to
consult with the County Attorney's office concerning the application of the Public
Records Law from time to time concerning specific circumstances that may arise during
the term of this Agreement.
16, No Assignments. ATTORNEY shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This paragraph shall be incorporated
by reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this Agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the Board.
17. Severability. If a term, covenant, condition or provision of this Agreement shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction,
the remaining terms covenant, conditions and provision 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 provision of
this Agreement would prevent the accomplishment of the original intent of this
Agreement, The COUNTY and ATTORNEY 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.
18. Captions. The captions set forth herein are for convenience of reference only and shall
not define, modify, or limit any of the terms hereof.
19. Legal Obligations And Responsibilities; Non Delegation Of Constitutional Or Statutory
Duties. This Agreement is not intended to relieve, nor shall it be construed as relieving,
either the COUNTY or ATTORNEY from any obligation or responsibility imposed upon
each by law except to the extent of actual and timely performance thereof by the other;
in which case the performance may be offered in satisfaction of the obligation or
responsibility . Further this Agreement is not intended to authorize, 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 statutes, case
law, and, specifically, the provisions of Chapter 125, Florida Statutes,
20. Records. ATTORNEY shall maintain all books, records, and documents directly pertinent
to performance under this Agreement, including the documents referred to in this
Agreement, in accordance with generally accepted accounting principles, consistently
applied. Upon ten (10) business days written notice to the other, representatives of
either the COUNTY or ATTORNEY shall have access, at all reasonable times, to all the
other party's books, records, correspondence, instructions, receipts, vouchers, and
memoranda (excluding computer software) pertaining to work under this Agreement for
the purpose of conducting a complete independent fiscal audit. ATTORNEY shall retain
all records required to be kept under this Agreement for a minimum of five years, and
for at least four (4) years after the termination of this agreement. ATTORNEY shall keep
such records as are necessary to document the performance of the agreement and
expenses as incurred, and give access to these records at the request of the COUNTY,
the State of Florida or authorized agents and representatives of said governmental
bodies. It is the responsibility of ATTORNEY to maintain appropriate records to insure a
proper accounting of all collections and remittances. ATTORNEY shall be responsible for
repayment of any and all audit exceptions which are identified by the Auditor General
for the State of Florida, the Cleric of Court for Monroe County, the Board of County
Commissioners for Monroe County ortheir agents and representatives.
21. Public Access. The COUNTY and ATTORNEY shall allow and permit reasonable access to
and inspection of, all documents, papers, letters, or other materials subject to the
Florida Public Records Law, as provided in Chapter 119, Florida Statutes, and made or
received by the them, unless specifically exempted by State Statute, Rules and
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Regulations of The Florida Bar, or case law, COUNTY shall have the right to cancel this
agreement upon violation of this provision by ATTORNEY.
22. Anti - Kickback. ATTORNEY warrants that no person has been employed or retained to
solicit or secure this Agreement upon any contract or understanding for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the
COUNTY has any interest, financially or otherwise, in this Agreement, except as
expressly stated herein. For breach or violation of this warranty, the COUNTY shall have
the right to annul this agreement without liability or, in its discretion, to deduct any
sums to be paid by COUNTY underthis Agreement, or otherwise recover, the full
amount of such commission, percentage, brokerage or contingent fee.
23. Modifications and Amendments. This Agreement may not be modified in any way
without the express, written consent of both parties. Any and all modifications and
Amendments of the terms of this Agreement shall be in writing and executed by the
Board of County Commissioners for Monroe County and by ATTORNEY in the same
manner as this Agreement.
24. Independent Contractor. At all times and for all purposes hereunder, ATTORNEY is an
independent contractor and not an employee of the Board of County Commissioners of
Monroe County. No statement contained in this Agreement shall be construed so as to
find ATTORNEY or any of the authorized time keepers to be the employees of the Board
of County Commissioners of Monroe County, and they shall be entitled to none of the
rights, privileges or benefits of employees of Monroe County.
25. Compliance with Law. In carrying out ATTORNEY's obligations under this agreement,
ATTORNEY shall abide by all statutes, ordinances, rules and regulations pertaining to or
regulating the provisions of this Agreement, including those now in effect and hereafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this Agreement and shall entitle COUNTY to terminate
this Agreement immediately upon delivery of written notice of termination to
ATTORNEY.
26. Licensing. ATTORNEY warrants that ATTORNEY presently has, and at all times during said
work, all required licenses, whether federal, state; County or City.
27. 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 ATTORNEY agree that neither the COUNTY nor
ATTORNEY or any officer, agent, or employee of each shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefit under this Agreement separate and
apart, inferior to, or superior to be community in general or for the purposes
contemplated under this Agreement.
28. Attestations. ATTORNEY agrees to execute such documents as the COUNTY may
reasonably require, including a Drug -Free Workplace Statement, and a Public Entity
Crime Statement.
29. County Authority. This Agreement has been duly noticed at a legally held public meeting
conducted in Monroe County, Florida. COUNTY's performance and obligation to pay
under this contract, is contingent upon annual appropriation by the Board of County
Commissioners.
30. Hold Harmless and Insurance. Prior to execution of this agreement, ATTORNEY shall
furnish COUNTY Certificates of Insurance indicating the minimum professional liability
coverage for ATTORNEY. ATTORNEY agrees to keep the sauce amount of coverage or
more at all times and to provide proof of said coverage to COUNTY at COUNTY'S request
at any time during the term of the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
date first written above.
Board of County Commissioners
Of Monroe County
By:
George Neugent, Mayor
Attest:
Kevin Madok, Clerk
By:
Deputy Clerk
Thomas Wright:
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ATTORNEY
Signature