Item Q3 BOARD OF COUNTY COMINUSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 11, 2013 Department: County Attorney
Bulk Item: Yes X No _ Staff Contact Person: Natileene Cassel
Phone#: 305-292-3470
AGENDA ITEM WORDING: Approval for contract with Chapman Consulting Services, Inc. in the amount
Lump sum amount of$6,890.00 for expert witness review in the case of Monroe County vs.Gonzalez.
Funding shall come from the litigation fees account related to this lawsuit.
ITEM BACKGROUND: This consultant was hired to assist in the litigation of the lawsuit against Gonzalez
Architects. Due to issues which arose under the contract with Ira Libanoff this consultant was not
compensated.At the November 2013 BOCC meeting the Libanoff contract was amended to require that
consultants have separate contracts. Therefore this contract is submitted for services provided by this
consultant.This is the only payment to this consultant that will be required.
PREVIOUS RELEVANT BOCC ACTION: On November 20, 2013 the BOCC approved changes to the
Libanoff contract in order to complete the Gonzalez case.
CONTRACT/AGREEMENT CHANGES:none
P
STAFF RECOMMENDATIONS:Approval
TOTAL COST: $6,890.00 INDIRECT COST: -0- BUDGETED: Yes X No_
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: unknown SOURCE OF FUNDS:001-22001-530318
REVENUE PRODUCING:Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty ""' OMB urchasing&Risk Management M TK
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Chapman Consulting Contract#
Effective Date:
Expiration Date:
Contract Purpose/Description:
One time lump sum to expert in Gonzalez case
Contract Manager: Nat Cassel/Ann 3580 Legal/project Man
Riger
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 12-11-03 Agenda Deadline: 11-27-13
CONTRACT COSTS
Total Dollar Value of Contract: $ 6,890.00 Current Year Portion: $
Budgeted? Yes❑ No ❑ Account Codes: 001-2200 30318- -
Grant: $ _
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg.maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[:] No❑
Risk Management ... Yes No
g � �
O.M.B./Purchasing Yes❑ No® d; <.
,1 ��—R�
�� p�._,
� Count Attorney � r�, Yes No
Comments:
OMB Form Revised 2/27/01 MCP#2
AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AGREEMENT is made as of this 11`h day of December, 2013, between Monroe
County("COUNTY"),a political subdivision of the State of Florida,whose address is 1100
Simonton Street, Key West, Florida 33040 and Chapman Consulting Services("CONSULTANT")
whose address is 10133 Pointview CT.,Orlando, FL 32836,for expert witness and consulting
services in connection with the lawsuit, Monroe County vs. Gonzalez("Litigation");
WHEREAS,COUNTY desires to compensate the CONSULTANT for work he performed in
the above lawsuit at the request of outside counsel with consent of the Office of the County
Attorney to provide expert witness and consulting services in connection with the Litigation;and
WHEREAS,CONSULTANT has rendered the services for the County in the litigation and
has consulted on the Litigation;
NOW,THEREFORE, COUNTY and CONSULTANT in consideration of the mutual covenants
contained herein, agree as follows:
SECTION 1. SERVICES. CONSULTANT has provided the consultation needed in the above
references lawsuit, but has not been compensated for those services.CONSULTANT provided
the services as required by the County.
SECTION 11. COMPENSATION. Compensation for the services provided shall be in the lump
sum of Six Thousand, Eight Hundred Ninety Dollars and no/cents($6,890.00).
SECTION 111. PAYMENT. Consultant shall be paid the above sum as soon as possible after this
Agreement is approved by the Board of County Commissioners.
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..
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 parry of any provision,term or condition shall not be construed by the other parry as a
waiver of any subsequent breach of the same provision,term or condition.
SECTION Vlll. 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.
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
1
shall be dated and signed by an authorized representative of the CONSULTANT.The
correspondence shall be directed to:
FOR COUNTY: FOR CONSULTANT:
Office of the County Attorney Chapman Consulting Services
P.O.Box 1026 10133 Pointvlew CT.
Key West,Florida 33041 Orlando,FL 32836
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 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 Statute
s,re ardin but not limited g g. to,solicitatio
n or acceptance of gifts;doing
business with ones unauthorized compensation,
agency; misuse of public position, conflicting ctin
g
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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
Attest. MONROE COUNTY,FLORIDA
Amy Heavilin,Clerk }
By; w .. W
By: z g -1
Deputy Clerk Mayor/Chairman o jr p W o
Date: Date: Q O J a
Chap n Consulting ices z < 3 Z�
a Za1
BY. I v > \ w aj
Mackie Chapman W cc w< '
¢a ~~
ZQ z�u
g •
2 U