Item Q4BOARD OF COUNTY COMMMONERS
AGENDA ITEM SUMMARY
111
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AGENDA rUM WORDING:
Approval of sand Amendment to Agreement for Expert Witness services with IL Markm
Conaway.
ITEM BACHGROtmD:
Monroe County cum dy has an agreement with IL Marlene Conaway to provide expert witness
services relating to regulatory takings and other litigation against Momoe County. 7be parties entered
into the agmcment in W. The amendment increases Ms. Conaway's discounted hourly rue from
$150-0 to a standard rate of $20000.
PREVIOUS RELEVANT BOCC ACTION:
The Hoard previously approved a conbW with K Marlene Conaway m 2007.
CONUA MAGRREMEM CHANGES:
Increase from $150 per lour to per hour.
STAFF RECONSENDATIONS:
A al
TOTAL COST: INDIRECT COST: - UDGETED: Yes _ ILNo _,
DIFFERENTIAL OF LOCAL RENCE:
COST TO COUNI'Y: URGE OF FUNDS:
REVENUE PRODUCING: Yes _,_, No X AMOUNT PER MONTH ynr
APPROVED BY: A �"
County ay la—.� MB/P:u+chasiag Risk Management
DOCUMENTATION: Inchid ed _ - x Not Required
DISPO=ON: AGENDA rrEM g
7109
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CaZ�
Contras Purpos criptim- .
Approval of Second AmmWmew
,.�� to Ageement for Exput Wit Saym with K
K Marlene Conaway
Contract 0
Effvct Date: April 1. 2011
Expiration Date• Until
Contract MMW. Howard 305-394- County Auomey's Office
1524
(Name) (EXt) Ston #1
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on ?120/11
2/5/11
Total Dollar Value of Contract: $ 200 per hr Current Year Portion: $
Bud ? YesC7 No ❑ Aommt Cow
Giant: $
County Match: $
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Comments:
SECOND AMENDMENT TO
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"U',,IkS, Section XVI of the existing Agreement fbr Expert Witness Services
authorizes amendment 1 that agreement :1 written i nstrument duly executed the
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This amendment shall be retroactive to April 1, 2011.
K. Marlene Conaway, "Consultant"
B y :
Date:
MONHOE C LINTY A NEY -
APPAO AS TO 0 M ;.
Date:
FIRST AMENDMENT TO
AGREEMENT FOR EXPERT WITNESS SERVICES
THIS FIRST AMENDMENT 10 THE AGREEMENT FOR EXPERT WITNESS
SERVICES is made as of this ; ;)j'AL day of 2007, between
Monroe County ( "COUNTY "), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and K. Marlene Conaway
( "CONSULTANT "), whose address is 1143 Circle Drive Tallahassee, FL 32301:
WHEREAS Section XVI of the existing Agreement for Expert Witness Services
authorizes amendment to that agreement by written instrument duly executed by the
parties; and
WHEREAS the Consultant's testimony would be useful to the County in other
pending matters in addition to Florida Keys Citizens Coalition & Last Stand v. Dept. of
Community Affairs and Monroe County, DOAH 06 -2449; and
WHEREAS the Consultant has already provided expert assistance in some of the
matters ]listed below;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the
mutual covenants contained herein, amend Section I, entitled Scope of Services, of their
Agreement for Expert Witness Services approved by the County on or about February 21,
2007, which shall read in its entirety as follows:
SECTION 1. SCOPE OF SERVICES
The CONSULTANT will provide expert witness testimony, necessary related research
and investigation in the following matters as more specifically set forth below or in
ancillary cases related to the following matters:
Florida Keys Citizens Coalition & Last Stand v. Dept. of Community Affairs and Monroe
County, DOAH 06 -2449;
Monroe County v. Dept. of Community Affairs, DOAH 06 -2856;
Emmert v. Monroe County, CA P 02 -520;
Collins, et al. v. Monroe County v. State of Florida, CA M 04 -379;
Galleon Bay Corp. v. Monroe County v. State of Florida, CA K 02 -595;
Bauknigght, et al. v. Monroe County, CA P 04 -451;
Neuman! v. Monroe County, CA K 04 -663;
Lightner, et al. v. Monroe County, CA K 07 -280;
Kalan v. Monroe County, CA P 03 -155;
Good v. Monroe County, CA K 01 -977, as well as an asserted yet unfilled claim by Lloyd
Good under the Bert J. Harris Act;
Lloyd Johnson v. Marlene Conaway and/or ArefJoulani, CA K 02 -1248;
Kenneth Dorn & Katie Pearce v. Monroe County, CA P 06 -203;
This amendment shall authorize payments for work performed on any of the above - listed
matters regardless of whether that work was performed prior to the date this agreement
was approved, however, nothing in this agreement shall authorize any payment to the
Consultant for work she performed while she was a salaried employee of Monroe County
or the Florida Department of Community Affairs.
WHEREOF, the parties hereto have executed this Agreement as of the day
tten above.
BOARD OF COUNTY
COMISSIONERS OF
t . a Y L. KOLHAGE, Clerk MONROE COUNTY, FLORIDA
Deputy Cle& MAR 2 1
Date:
K. Marlene Conaway, "Consultant"
By: - <
2007 Mayor Mario DiGennaro
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Name: Marlene (;na.
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Date:
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MONROECO N NE
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RO R SHIM INGER, JR.
CHIEF A IST ATTQRNEY
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AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AGREEMENT is made as of this _ j , 1o0 day of 2007, between
Monroe County ("COUNTY'), a political subdivision of the 5ta 4 of Florida h se address is 1100
Simonton Street, Key West, Florida 33040 and K. Marlene Conaway ( "CONSULTANT "), whose
address is 11-43 Circle Drive
Tallahassee, FL 32301, for expert witness and consulting services in connection with the lawsuit or
claim known as Florida Keys Citizens Coalition & Last Stand v. Dept. of Community Affairs and
Monroe County, DOAH 06 -2449, an administrative challenge to the adoption of County's tier
ordinances ( "Litigation ");
WHEREAS, COUNTY desires to engage CONSULTANT to provide expert witness and
consulting services in the area(s) of natural resources and environmental planning in connection with
the Litigation; and
WHEREAS, CONSULTANT desires to render these Services as described in SECTION 1, Scope
of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual covenants
contained herein, agree as follows:
SECTION L, SCOPE OF SERVICES
CONSULTANT will provide expert witness testimony, necessary related research and investigation
in the litigation.
SECTION Ill. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be at the rate of $150.00
per hour.
SECTION III. PAYMENT
Consultant shall be reimbursed for travel and other expenses only to the extent and in the amounts
authorized by Article XXVI of 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
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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 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. 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; 11) Any other
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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
P.O. Box 1026
Kew West, Florida 33041
FOR CONSULTANT:
K. Marlene Conaway
1143 Circle Drive
Tallahassee, FL 3230I
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 X.I. 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
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
f above. M "'
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Board of County Commissioners M .
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Attest:` Danti L. Kolha e, Clerk Y� :•�; --+ -.. •.;
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Deputy Clerk Mayor /Chairman
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Date: FEB 2 12007
K. Marlene Conaway, "Consultant"
B 2 '
Name:
Date: o 1 &r m
M
ONROE COUNTY A NEY
iA R V
O R B. S kLLi , JR.
CHIEF AS IS T C TY ATTORNEY
Date:
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