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BRANCH OFFICE CLERIC OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEI4EAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
TO: Debbie Frederick, Executive Administrator
County Administrator's Office
FROM: Isabel C. DeSantis,
Deputy Clerk .9.Q .pr
DATE: March 24, 1998
As you know, at the meeting of March 11, 1998, the Board adopted
Resolution No. 123-1998 approving an Agreement with the firm of
Gustafson, Tilton, Henning & Metzger, P.A. , to identify periods
of time of such work for payment from previously authorized
expenditures from County funds, and to defer decision to form a
Transportation Management Association. The Board also authorized
execution of an Engagement Letter and Project Budget for the JPA.
Attached for your handling are three duplicate originals of each
document above.
Should you have any questions concerning the above, please do not
hesitate to contact this office.
copies:
Finance
County Attorney
dFile
DATE
TO: Gary Donn, P.E.
District Director of Planning & Programs
FDOT District 6
602 South Miami Avenue
Miami, FL 33130
cc: Dave Henderson, FDOT
FROM: Jack London, Mayor/Chairman
Monroe County
RE: FDOT Approval of Third Party Agreements and Project Budget
Pursuant to section 12.10 of the Joint Participation Agreement, WPI #6590028,
Contract#AF601, dated February 10, 1998, please sign below to approve the attached third
party agreement between Monroe County and Gustafson, Tilton, Henning& Metzger, P.A.,
as well as the related expert/consultant agreements (Zimring, Keller, Burden,
Abbate/Archer and O'Brien). Your signature below will also signify approval,pursuant to
section 6.10 of the JPA, of the Project Budget Finally, please find attached Monroe
County's certification of compliance with the Consultants Competitive Negotiation Act
pursuant to Section 12.20 of the JPA
Please sign below to approve the third party agreements and the project budget.
APPROVE]) BY FLORIDA DEPARTMENT OF TRANSPORTATION, PURSUANT TO
THE JOINT PARTICIPATION AGREEMENT, WPI #6590028, CONTRACT #AF601,
DATED FEBRUARY 10,1998
By: -
Gary Donn, P.E.
District Director of Planning and Programs
FDOT District 6
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To: Gary Donn, P.E.
Department of Transportation
From: Jim Hendrick
Monroe County Attorney
Date: 2/26/98
Re: Compliance with Consultants'Competitive Negotiations Act
Chapter 287, Florida Statutes
I hereby certify that Monroe County has complied with the Consultants'
Competitive Negotiations Act, pursuant to section 1220 of the Joint Participation
Agreement (Contract #AF601, WPI#6590028) dated February 10, 1998. Attached is a
memorandum of law supporting that selection of consultants has been accomplished in
compliance with the Consultants'Competitive Negotiation Act
Court homey
GUSTAFSON, TILTON, HENNING & METZGER, P.A.
ATTORNEYS AT LAW
ERIC B.TILTON Suite 440
THOMAS F.GUSTAFSON 4901 North Federal Highway
JoN M.HENNING* Fort Lauderdale,FL 33308
KENNETH J.METZGER Telephon�e(954)492-0071
Fax(954)492-0074
Frump E.ROTHSCHILD
MARIZELLE D.POBLETE Suite 200
204 South Monroe Street
OF COUNSEL Tallahassee,FL 32301
MALVIN ENGLANDER Telephone (850)425-2466
MONICA L. SIERRA,P.A. Fax(850)425-2463
JEROME R.SCHECHTER,P.A.
Florida Bar Board Certified Please Reply To:
'City,County and Fort Lauderdale Office
Local Government Law
MEMORANDUM
TO: Jack London, Mayor/Chairman
CC: Jim Roberts,County Administrator
Jim Hendrick,County Attorney
FROM: Tom Gustafson
Gustafson,Tilton,Henning&Metzg&,P.A.
DATE: 2/23/98 (As corrected March 3,1998)
RE: Project Budget for WA,Contract No.AF601
OUR FILE NO: 707.001
The Joint Participation Agreement QPA) between the County and FDOT for
preparation of the Federal Transit Administration (FTA) funding request requires
Cubmission of a Project Budget (section 6.10). What follows is the project budget for the
County's submittal to FDOT:
Total Project Budget: $170,000
GUSTAFSON,TILTON,HENNING&METZGER,P.A. $109,050.00
(inclusive of fees and costs associated with develpment of request for funds and related
documentation. Our deliverable includes our recommended funding request.)
Y
Project Budget
February 23, 1998 (As corrected March 3, 1998)
Page 2
SUBCONTRACTORS
Walter Keller,Inc. $15,000 per attached scope of work N,
Marda L. Zimring,Inc. not to exceed$15,000 per attached scope of work
Walkable Communities, Inc. $15,000 per attached scope of work
The Market Share Company $9,850 per attached scope of work
Anthony Abbate/Jay Archer not to exceed $6,100 per attached scope of work
Total Project Budget: $170,000
NOTE: URS Consultants, Inc. will perform an additional $30,000 of services for
inclusion in the FTA funding request, but to be paid directly by FDOT pursuant to a
previously approved contract between FDOT and URS Consultants,Inc.
2
GUSTAFSON, TILTON, HENNING & METZGER, P.A.
ATTORNEYS AT LAW
ERIC B.TILTON Suite 440
THOMAS F.GUSTAFSON 4901 North Federal Highway
JON M.HENNING* Fort Lauderdale,FL 33308
KENNETH J.METZGER Telephone(954)492-0071
Fax(954)492-9975
PHILIP E.ROTHSCHILD Suite 200
MARIZELLE D.POBLETE 204 South Monroe Street
Tallahassee,FL 32301
OF COUNSEL Telephone(850)425-2466
MALVIN ENGLANDER Fax(850)425-2463
MONICA L. SIERRA,P.A.
JEROME R. SCHECHTER,P.A. Please Reply To:
Fort Lauderdale Office
Florida Bar Board Ceded
*City,County and
Local Government Law
March 10,1998
ice
James Roberts,County Administrator = y 03 -II
County of Monroe msa- t RI
College Road,Room 212 ra. PO
471
Key West,Florida 33040 CC>• r ca
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James T. Hendrick,County Attorney -.> a XI
County of Monroe . m
310 Fleming Street, Room 28 `t c
Key West, Florida 33040
Re: Engagement Letter
Our File No.: 707.001
Dear Sirs:
As a part of our routine in undertaking new matters, Gustafson, Tilton,Henning &
Metzger P.A. (the "Firm") provides an engagement letter (the "Engagement Letter") to its
clients. In addition, the Joint Participation Agreement, Contract No. AF601 ("JPA"),
between Monroe County and the Florida Department of Transportation ("FDOT")
provides for FDOT approval of a project budget (Section 6.10) and all third party
agreements (Section 12.10). The purpose of this letter is thus to memorialize our
agreement, comply with the IPA and to set forth our understanding of the legal services
to be performed for you by the Firm and the basis on which the Firm will be paid for its
services.
Engagement Letter
March 10, 1998
Page 2
Accordingly, this will confirm your authorization and our agreement to represent
Monroe County (the "Client"), with work commencing January 14, 1998, in the following
matter: A funding request report for Monroe County transit greenways to the Federal
Transit Administration("FTA"),and related materials.
1. Partner in Charge: The undersigned member of the Firm will be the partner in charge
of your legal matters.
2. Fees, Costs and Retainer. Subject to the approval by the Florida Department of
Transportation of the attached budget, this Agreement and the attached consultant
agreements,you agree to pay the Firm the fees billed for services rendered as follows:
Consistent with the attached fee schedule, you agree to pay, pursuant to the
attached budget to be approved by FDOT, to the Firm a sum not to exceed $170,000.00 for
fees and costs incurred by the Firm including consultant/expert fees and costs, for the
preparation of a funding request to the FTA to be submitted in draft form on March 17,
1998 to the County Administrator, and the review and revision of said document through
March 31,1998. It is anticipated that such funding request will be subject to review by the
County Commission and approved or disapproved on or about March 26, 1998. As
provided for in the JPA, the Florida Department of Transportation (FDOT) has agreed to
provide funds to Monroe County in the amount of $70,000.00 toward the preparation of
the FTA funding proposal. Pursuant to JPA Section 6.10, please find attached as part of
this letter the consultant agreements and the project budget. In addition, FDOT has
agreed to provide$30,000.00 of services as described in the attached URS Consultants,Inc.
Scope of Services. The Firm agrees to utilize the work product of URS Consultants, Inc. as
it becomes available in the FTA funding request.
The Firm shall not discriminate against any employee or applicant for employment
because of race,age, creed, color, sex or national origin. No member, officer, or employee
of Monroe County during his tenure or for two years thereafter shall have any interest,
direct or indirect, in this contract or the proceeds thereof. The Firm agrees to comply with
the restriction on lobbying provisions as referenced in the JPA(Section 21.00)
With respect to this matter, statements will be forwarded to you, according to
Monroe County and the JPA guidelines, describing the work done and the amounts due
for fees and costs.
After your review of the foregoing, if you have any questions or if any of the terms
of our agreement are not acceptable to you in all respects,please let me know. If you find
these arrangements satisfactory, please sign this copy of the Engagement Letter and
return it to me.
'Engagement Letter
March 10, 1998
Page 3
Upon the Firm's receipt of the signed copy of this letter, this Engagement Letter
will constitute the entire agreement between the Client and the Firm with respect to the
matters set forth herein. This agreement shall not be amended,altered or modified except
by written agreement signed by the party against whom enforcement is sought.
Thank you for agreeing to engage the Firm for preparation of the FTA funding
request. We look forward to working with you on this matter.
Very truly yours,
GUSTAFSON,TILTON,HENNING &METZGER, P.A.
Thomas F. Gustafson
APPROVED AND AGREED to by the undersigned, which constitutes the Client for
purposes of this agreement:
Date: 03- T1- 9Y
BOARD OF COUNTY COMMISSIONERS
OF it ROE COUNTY,FLORIDA
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, GUSTAFSON, TILTON, HENNING & METZGER, P.A.
ATTORNEYS AT LAW
ERIC B.TILTON Suite 440
THOMAS F. GUSTAFSON 4901 North Federal Highway
JON M. HENNING* Fort Lauderdale,FL 33308
KENNETH J. METZGER Telephone(954)492-0071
Fax(954)492-0074
PHILIP E. ROTHSCHILD
MARIZELLE D. POBLETE Suite 200
204 South Monroe Street
OF COUNSEL Tallahassee, FL 32301
MALVIN ENGLANDER Telephone (850)425-2466
MONICA L. SIERRA,P.A. Fax (850)425-2463
JEROME R. SCHECHTER, P.A.
Florida Bar Board Certified Please Reply To:
'City,County and Fort Lauderdale Office
Local Government Law
MEMORANDUM
SCHEDULE OF STANDARD HOURLY RATES
EFFECTIVE OCTOBER 1,1997
Thomas F. Gustafson 225.00
Eric B. Tilton 200.00
Jon M. Henning 200.00
Kenneth J. Metzger 150.00
Philip E. Rothschild 135.00
Marizelle D. Poblete 100.00
Mary T. Mitchell 60.00