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Item Q02"o Yq County of Monroe BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 The Florida Keys Mayor Pro Tern George Neugent, District 2 }' Danny L. Kolhage, District I : David Rice, District 4 Sylvia J. Murphy, District 5 County Coirunission Meeting October 19, 2016 Agenda Item Number: Q.2 Agenda Item Summary #2012 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292-3470 N/A AGENDA ITEM WORDING: Approval of Second Amendment to Agreement with Marr & Associates for Expert Witness Services ITEM BACKGROUND: The County has an agreement with Marr & Associates for Expert Witness Services with in regulatory takings and Bert Harris Act matters, including Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No. CAK 02-595) and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379). The amendment increases the hourly rate from $175.00 to $225.00, and includes new statutory language required for service provider contracts regarding public records. The amendment also expands the scope of the agreement to handle additional matters. PREVIOUS RELEVANT BOCC ACTION: Approval of Agreement for Expert Witness Services (dated August 18, 2010) & Approval of Amendment to Agreement for Expert Witness Services (dated November 17, 2010). CONTRACT/AGREEMENT CHANGES: Amends contract to increase hourly rate, allows for additional case work, provide for maintenance and access to financial and public records. STAFF RECOMMENDATION: Approval DOCUMENTATION: Marr Second Amendment w Revised Mailing Address (DH 10 18 16) August 2010 contract with Marr & Associates for Expert Witness Services November 2010 first amendment to Marr contract for expert witness services FINANCIAL IMPACT: Effective Date: Retroactive to August 1, 2016 Expiration Date: N/A Total Dollar Value of Contract: 150,000.00 (cap) Total Cost to County: Current Year Portion: Budgeted: Source of Funds: 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: REVIEWED BY: Bob Shillinger Completed 10/04/2016 3:00 PM Derek Howard Skipped 10/04/2016 11:57 AM Budget and Finance Completed 10/04/2016 3:05 PM Maria Slavik Completed 10/04/2016 3:06 PM Kathy Peters Completed 10/04/2016 3:26 PM Board of County Commissioners Pending 10/19/2016 9:00 AM SECOND AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES THIS SECOND AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES is made as of this _ day of , 2016, to the Agreement for Expert Witness Services dated August 18, 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT"), whose address is 2665 Aucilla Rd., Monticello, FL 32344. WITNESSETH: WHEREAS, COUNTY desires to continue engaging the services of CONSULTANT in the matter of Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379) and other regulatory takings and Bert J. Harris Act cases that may be filed against Monroe County; NOW, THEREFORE, COUNTY and CONSULTANT agree as follows: The Preamble shall be amended as follows: THIS AGREEMENT is made as of this day of , 2016, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT") a Florida corporation, whose address is 2665 Aucilla Rd., Monticello, FL 32344, for expert witness and consulting services in connection with regulatory takings and Bert J. Harris Act cases, including but not limited to Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No. CAK 02-595); and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379) ("Litigation"); 2. Section II shall be amended as follows: SECTION II. COMPENSATION CONSULTANT shall be paid an hourly rate of TWO HUNDRED TWENTY FIVE DOLLARS AND NO/cents ($225.00) for services performed under this Agreement. Compensation for services provided by CONSULTANT shall not exceed One -Hundred Fifty Thousand Dollars ($150,000.00). Section XVII shall be added to read as follows: SECTION XVII FINANCIAL RECORDS OF CONSULTANT 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. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT. 4. Section XVIII shall be added to read as follows: SECTION XVIII PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" 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 Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIAN(a�MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 3 5. This Amendment is effective retroactive to August 1, 2016. 6. The remaining terms of the Agreement for Expert Witness Services dated August 18, 2010, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Expert Witness Services as of the day and year first written above. (SEAL) Attest: AMY HEAVILIN, Clerk By: Deputy Clerk MARR AND ASSOCIATES APPRAISAL COMPANY, INC. Witnesses to CONSULTANT Name: Name: LIM BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Heather Carruthers Date: Signature Date Signature Date 4 AGREEMENT FOR EXPERT WITNESS SERVICES THIS AGREEMENT is made as of this ! 0- day of 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT") a Florida corporation, whose address is 5307 Pimlico Drive, Tallahassee, Florida, for expert witness and consulting services in connection with the regulatory takings cases known as Emmerts v. Monroe County v. Florida Department of Community Affairs (Circuit Court Case No. CAP-02- 520) and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379) ("Litigation"); WHEREAS, COUNTY desires to engage CONSULTANT to provide expert witness and consulting services in the area of real property appraisals in connection with the Litigation; and WHEREAS, CONSULTANT desires to render these Services as described in SECTION I, Scope of Services; NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES CONSULTANT, by and through its principal officer Trent Marr, shall assist the County in preparing for and defending the County in the Litigation with regard to property valuation. CONSULTANT's services shall include the following as necessary and required: (a) reviewing background documents and other materials relevant to the performance of all duties under this Agreement; (b) performing appraisals in full compliance with the Uniform Standards of Professional Appraisal Practice; (c) conducting necessary or required research and analysis; (d) reviewing other appraisals of the properties at issue in the Litigation; and (e) preparing for and testifying at any depositions and/or trials of the Litigation. SECTION IL COMPENSATION CONSULTANT shall be paid an hourly rate of ONE HUNDRED SEVENTY FIVE DOLLARS AND NO/cents ($175.00) for services performed under this Agreement. Compensation for services provided by CONSULTANT shall not exceed Forty-five Thousand Dollars ($45,000.00). SECTION III. PAYMENT In addition to the Compensation for CONSULTANT'S Services provided for herein, Consultant shall be reimbursed for expenses (including air and ground transportation, meals, and lodging) incurred in connection with travel performed at COUNTY'S request. Consultant shall be reimbursed for expenses only to the extent and in the amounts authorized by Section 112.061, Florida Statutes and the Monroe County Code, payment will be made periodically, but no more frequently than monthly, in arrears. 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 an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 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 IV. PERIOD OF SERVICE This Agreement shall become effective upon signature by all parties and shall continue in effect until the services are completed or terminated. This Agreement may be terminated by either party, with or without cause, upon seven days written notice to the other party. SECTION V. NON -WAIVER OF IMMUNITY AND HOLD HARMLESS COUNTY and CONSULLANT 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 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 VIII. NONDISCRIMINATION CONSLrLTANT 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. CONSULTANT or COUNTY agrees 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 maybe 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; 1.1) 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 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: Mr. Robert Shillinger Chief Assistant County Attorney 1111 12`h Street, Suite 408 Key West, Florida 33040 FOR CONSULTANT: Mr. Trent Marr Marr and Associates Appraisal Company, Inc. 5307 Pimlico Drive Tallahassee, Florida 32309 SECTION X. 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 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 XIII. 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 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. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and. yeAr first witten above. (SEAL) *'^. A At D14 L. KOLHAGE, Clerk B Deputy Clerk Date: AUG 1 8 2010 MARR AND ASSOCIATES APPRAISAL COMPANY, INC. "CONSULTANT BY: / !l� �P NAME: Trent Marr, MAI, SRPA BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY, FLORIDA By: yor/C Date: AUG 1 8 2010 Witnesses to Consultant NAME: Date: President TITLE: Marr & Associates Appraisal Company, Inc. 5307 Pimlico Drive ADDRESS: Tallahassee, Fl, 32309 NAME: Date: Date: 8-17-10 5 MONROE COUNTY ATTORNEY — APPROVED AS TO FORM: CHRISTINE M. MABERT-BARROWS ASSIST T COUNTY ATTORNEY Date LL rn 0 -T1 CD rn n O M 0 AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES THIS A MEN TO A REEMENT FOR EXPERT WITNESS SERVICES is made as of this �/'c3aY of� 2010, to the Agreement for Expert Witness Services dated August 18, 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT"), whose address is 5307 Pimlico Drive, Tallahassee, Florida. 32309. WITNESSETH: WHEREAS, COUNTY desires to continue engaging the services of CONSULTANT in the matter of Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No. CAK 02-595); NOW, THEREFORE, COUNTY and CONSULTANT agree as follows: The Preamble shall be amended as follows: THIS AGREEMENT is made as of this / 2.d— day of /7L►Tj�rt{' , 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT") a Florida corporation, whose address is 5307 Pimlico Drive, Tallahassee, Florida, for expert witness and consulting services in connection with the regulatory takings cases known as Emmerts v. Monroe County v. Florida Department of Community Affairs (Circuit Court Case No. CAP-02- 520); Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No. CAK 02-595): and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379) ("Litigation"); 2. Section II shall be amended as follows: SECTION II. COMPENSATION CONSULTANT shall be paid an hourly rate of ONE HUNDRED SEVENTY FIVE DOLLARS AND NO/cents ($175.00) for services performed under this Agreement. Compensation for services provided by CONSULTANT shall not exceed Sixty-five Thousand Dollars ($65,000.00). 3. This Amendment is effective retroactive to October 1, 2010. 3. The remaining terms of the Agreement for Expert Witness Services dated August 18, 2010, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Expert Witness Services as of the day and year first written above. lit)#Elf MARR AND ASSOCIATES APPRAISAL COMPANY, INC. Witnesses to CONSULTANT Name::'-o2Y ri-►-ir Name: M ANY S i_E.! t.� BOARD OF COUNTY COMISSIONERS OF MO$`ROE CPIJNTY, FLORIDA /5 IV Date: Signature Signature 2 MONN01000f f AiMI N€Y APPROVE© AS TOFO DEREK V. HOWARD ASSISTANT QOJUVY ATTORNEY DATE ,mil ;,ll0 c � c O ti O � y � Q1 p BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 ( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: Q2 Agenda Item Summary #2012 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292-3470 N/A AGENDA ITEM WORDING: Approval of Second Amendment to Agreement with Marr & Associates for Expert Witness Services ITEM BACKGROUND: The County has an agreement with Marr & Associates for Expert Witness Services with in regulatory takings and Bert Harris Act matters, including Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No. CAK 02-595) and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379). The amendment increases the hourly rate from $175.00 to $225.00, and includes new statutory language required for service provider contracts regarding public records. The amendment also expands the scope of the agreement to handle additional matters. PREVIOUS RELEVANT BOCC ACTION: Approval of Agreement for Expert Witness Services (dated August 18, 2010) & Approval of Amendment to Agreement for Expert Witness Services (dated November 17, 2010). CONTRACT/AGREEMENT CHANGES: Amends contract to increase hourly rate, allows for additional case work, provide for maintenance and access to financial and public records. STAFF RECOMMENDATION: Approval DOCUMENTATION: Second Amendment to Agreement for Expert Witness Services with Marr & Associates August 2010 contract with Marr & Associates for Expert Witness Services November 2010 first amendment to Marr contract for expert witness services FINANCIAL IMPACT: Effective Date: Retroactive to August 1, 2016 Expiration Date: N/A Total Dollar Value of Contract: 150,000.00 (cap) Total Cost to County: Current Year Portion: Budgeted: Source of Funds: 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: REVIEWED BY: Bob Shillinger Completed 10/04/2016 3:00 PM Derek Howard Skipped 10/04/2016 11:57 AM Budget and Finance Completed 10/04/2016 3:05 PM Maria Slavik Completed 10/04/2016 3:06 PM Kathy Peters Completed 10/04/2016 3:26 PM Board of County Commissioners Pending 10/19/2016 9:00 AM SECOND AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES THIS SECOND AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES is made as of this _ day of 2016, to the Agreement for Expert Witness Services dated August 18, 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT"), whose address is 5307 Pimlico Drive, Tallahassee, Florida. 32309. WITNESSETH: WHEREAS, COUNTY desires to continue engaging the services of CONSULTANT in the matter of Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379) and other regulatory takings and Bert J. Harris Act cases that may be filed against Monroe County; NOW, THEREFORE, COUNTY and CONSULTANT agree as follows: 1. The Preamble shall be amended as follows: THIS AGREEMENT is made as of this day of , 2016, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT") a Florida corporation, whose address is 5307 Pimlico Drive, Tallahassee, Florida, for expert witness and consulting services in connection with regulatory takings and Bert J. Harris Act cases, including but not limited to Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No. CAK 02-595); and Collins, el. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379) ("Litigation"); 2. Section 11 shall be amended as follows: SECTION II. COMPENSATION CONSULTANT shall be paid an hourly rate of TWO HUNDRED TWENTY FIVE DOLLARS AND NOP'cents ($225.00) for services performed under this Agreement. Compensation for services provided by CONSULTANT shall not exceed One -Hundred Fifty Thousand Dollars ($150,000.00). 3. Section XVII shall be added to read as follows: SECTION XVII FINANCIAL RECORDS OF CONSULTANT 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. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT. 4. Section XVIII shall be added to read as follows: SECTION XVIII PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" 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 Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under sectionl 19.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIAN(a),MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, BEY WEST, FL 33040. I 5. This Amendment is effective retroactive to August 1, 2016. 6. The remaining terms of the Agreement for Expert Witness Services dated August 18, 2010, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Expert Witness Services as of the day and year first written above. (SEAL) Attest: AMY HEAVILIN, Clerk By: Deputy Clerk MARR AND ASSOCIATES APPRAISAL COMPANY, INC. Witnesses to CONSULTANT BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Heather Carruthers Date: Name: Signature, Date Name: Signature Date. E AGREEMENT FOR EXPERT WITNESS SERVICES "t'HIS AGREEMENT is made as of this ! day of 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT") a Florida corporation, whose address is 5307 Pimlico Drive, Tallahassee, Florida, for expert witness and consulting services in connection with the regulatory takings cases known as Emmerts v. Monroe County v. Florida Department of Community Affairs (Circuit Court Case No. CAP-02- 520) and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379) ("Litigation"); WHEREAS, COUNTY desires to engage CONSULTANT to provide expert witness and consulting services in the area of real property appraisals in connection with the Litigation; and WHEREAS, CONSULTANT desires to render these Services as described in SECTION I, Scope of Services; NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES CONSULTANT, by and through its principal officer Trent Marr, shall assist the County in preparing for and defending the County in the Litigation with regard to property valuation. CONSULTANT's services shall include the following as necessary and required.: (a) reviewing background documents and other materials relevant to the performance of all duties under this Agreement; (b) performing appraisals in full compliance with the Uniform Standards of Professional Appraisal Practice; (c) conducting necessary or required research and analysis; (d) reviewing other appraisals of the properties at issue in the Litigation; and (e) preparing for and testifying at any depositions and/or trials of the Litigation. SECT143N H. COMPENSATION CONSULTANT shall be paid an hourly rate of ONE HUNDRED SEVENTY FIVE DOLLARS AND NO/cents ($175.00) for services performed under this Agreement. Compensation for services provided by CONSULTANT shall not exceed Forty-five Thousand Dollars ($45,000.00). SECTION III. PAYMENT In addition to the Compensation for CONSULTANT'S Services provided for herein, Consultant shall be reimbursed for expenses (including air and ground transportation, meals, and lodging) incurred in connection with travel performed at COUNTY'S request. Consultant shall be reimbursed for expenses only to the extent and in the amounts authorized by Section 112.061, Florida Statutes and the Monroe County Code, payment will be made periodically, but no more frequently than monthly, in arrears. 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 an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 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 IV. PERIOD OF SERVICE This Agreement shall become effective upon signature by all parties and shall continue in effect until the services are completed or terminated. This Agreement may be terminated by either parry, with or without cause, upon seven days written notice to the other party. SECTION V. NON -WAIVER OF IMMUNITY AND HOLD HARMLESS COUNTY and CONSUTLANT 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 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 VIII. 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. 2 CONSULTANT or COUNTY agrees 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 sate, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe 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; 1.1) 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 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: Mr. Robert Shillinger Chief Assistant County Attorney 1111 1 P Street, Suite 408 Key West, Florida 33040 FOR CONSULTANT: Mr. Trent Marr Marr and Associates Appraisal Company, Inc. 5307 Pimlico Drive Tallahassee, Florida 32309 SECTION X. NO THIRD PARTY BENEFICIARIES 3 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 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 XH. 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. SECT113N XIII. 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. SECTI13N 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. SECT143N 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. L! IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day an&year first written above. (SEAL) BOARD OF COUNTY COMISSIONERS OF A# D i L. KOLHAGE, Clerk MONROE COUNTY, FLORIDA B De uty Clerk Date- AUG 1 8 2010 MARK AND ASSOCIATES APPRAISAL COMPANY, INC. "CONSULTANT" n G� BY: NAME: Trent Marr, MAI, SRPA By: , . � . 9� yor/C Date: AUG 1 8 2010 Witnesses to Consultant NAME: Date: President TITLE;', Marr & Associates Appraisal company, Inc. 5307 Pimlico Drive ADDRESS: Tallahassee, FL 32309 NAME: Date: Date: 8-17-10 MONROE COUNTY ATTORNE`! - APPROVED AS TO FORM: CHRISTIN'E M. L M-BERT-BARROWS ASSISTAAff COUNTY ATTORNEY Dated ! � -1 5 AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES THIS AMENDMENT T'1 O AGREEMENT FOR EXPERT WITNESS SERVICES is made as of this ay of 2010, to the Agreement for Expert Witness Services dated August 18, 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT"), whose address is 5307 Pimlico Drive, Tallahassee, Florida. 32309. WITNESSETH: WHEREAS, COUNTY desires to continue engaging the services of CONSULTANT in the matter of Galleon Bay v. Monroe County & Stale of Florida (Circuit Court Case No. CAK 02-595); NOW, THEREFORE, COUNTY and CONSULTANT agree as follows: The Preamble shall be amended as follows: THIS AGREEMENT is made as of this 121z day of /7Q"!e , 2010, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company, Inc. ("CONSULTANT") a Florida corporation, whose address is 5307 Pimlico Drive, Tallahassee, Florida, for expert witness and consulting services in connection with the regulatory takings cases known as Emmerts v. Monroe County v. Florida Department of Community Affairs (Circuit Court Case No. CAP-02- 520); Galleon Bay v. Monroe County & Stale of Florida (Circuit Court Case No. CAK 02-595): and Collins, et. at v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379) ("Litigation"); 2. Section II shall be amended as follows: SECTION II. COMPENSATION CONSULTANT shall be paid an hourly rate of ONE HUNDRED SEVENTY FIVE DOLLARS AND NO/cents ($175.00) for services performed under this Agreement. Compensation for services provided by CONSULTANT shall not exceed Sixty-five Thousand Dollars ($65,000.00). 3. This Amendment is effective retroactive to October 1, 2010. 3. The remaining terms of the Agreement for Expert Witness Services dated August 18, 2010, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Expert Witness Services as of the day and year first written above. -; or) YJL/ MARR AND ASSOCIATES APPRAISAL COMPANY, INC. Witnesses to CONSULTANT Name::'rD9l g — —Ecl !J-,/ BOARD OF COUNTY COMISSIONERS OF MO$kOE CRPNTY, FLORIDA By: M IV Date: Signature Name:_MA�Q�/ S. �_fJ: �y Signature, B M®NN®R COUNTY AM N9f APPReVEB AS TO FO DEREK V. HO RD ASSISTANT CO ATTORNEY DATE— -/r ;yo , � +; n w V O �d zz _ c fi Q r-n =5 ve p