04/26/2013 Contract LEGAL SERVICES CONTRACT
THIS AGREEMENT is entered into this C Hi day of 4 P n u. , 2013,
by and between the MONROE COUNTY VALUE ADJUSTMENT BOARD ("VAB"), and
ROBERT TISCHENKEL, ESQUIRE, ("Attorney").
WHEREAS, the VAB wishes to enter into this Agreement with the Attorney so that the
Attorney will act as private legal counsel to the VAB;
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the
parties agree as follows:
1. Term:
a) The term of this Agreement is for a three year period commencing June 1, 2013 and
terminating May 31, 2016. The VAB may exercise one option for an additional two (2) years by
approving a Resolution therefor at its final meeting of the 2015-16 VAB year. The VAB's
performance and obligation to pay under this Agreement is contingent upon annual appropriations
by the Monroe County Board of County Commissioners and the Monroe County School Board.
Should finding be appropriated in amounts insufficient to cover the services under this contract,
the required services may be modified in writing and executed by both parties to provide a level of
service commensurate with the finding appropriated.
b) The Agreement between the VAB and the Attorney, dated August 12, 2008, as
amended, shall be null and void upon the execution of this agreement.
2. Scope of Services: The Attorney will provide the following services:
Attorney shall attend all meetings of the VAB and all hearings before the Special
Magistrates for the VAB, and shall advise the VAB and VAB Special Magistrates on an as-needed
basis regarding such legal issues as may arise, including but not limited to valuation, homestead
and other exemptions, late filing, and the admission of evidence, and any other legal matters
concerning Value Adjustment Board business. Attorney shall, on an as-needed basis, also provide
advice to the clerical staff provided by the Clerk to the VAB. If necessary and authorized by VAB,
Attorney shall also represent VAB in Court and other administrative proceedings.
_... Attorney has been retained specifically because Attorney, personally, is understood by VAB
to be able to handle this matter. Employment of additional individuals, whether attorneys,
paralegals, or others, who will bill time to VAB is not permitted without the advance written
approval of VAB.
3. Special Conditions Regarding Representation:
a) The Client is the Monroe County Value Adjustment Board (VAB), and to the extent ethically
permissible, its elected and appointed officers and its employees. In the event that Attorney cannot
ethically represent individuals in addition to VAB, Attorney shall advise VAB in writing of that
fact immediately.
VAB Legal Services feb 2013 sg
2
b) Attorney is licensed to practice law in all jurisdictions relevant to this matter and meets the
statutory criteria for private counsel to a value adjustment board in the State of Florida.
c) If Attorney practices with others who may also provide services to VAB, he understands that
VAB expects that Attorney will be responsible for managing the representation, assuring
compliance of others with the terms of this Agreement and ethical requirements, preparing and
substantiating all bills, and communicating with VAB. Attorney may not delegate or outsource this
work without full written disclosure to, and prior written approval from, the VAB.
d) Attorney has been retained by VAB to provide the scope of services described in Section 2
above. Attorney represents that he is competent and available to handle all such matters. In the
event that additional matters are assigned by VAB to Attorney, this Agreement shall apply to those
matters as well, unless a separate agreement is required by the VAB.
e) Review of ethical obligations before initiating representation: Attorney has conducted a
thorough investigation and determined that neither Attorney nor his firm has any ethical
impediment,real or potential, to representing VAB. To the extent that any ethical impediment, real
or potential, is discovered or ever arises, Attorney shall immediately inform VAB in writing of the
impediment (regardless of whether Attorney believes he has taken all steps necessary to avoid the
impediment and regardless of whether Attorney believes that the impediment is insubstantial or
questionable), make full disclosure of the situation to VAB, obtain VAB's express, written consent
to continue the representation of the other client, and take all steps requested by VAB to avoid or
mitigate the impediment. Attorney understands that if a direct or indirect conflict of interest arises
which, in the opinion of the VAB, cannot be avoided or mitigated under the Rules of Professional
Conduct of The Florida Bar, VAB may, in its discretion, (a) obtain reimbursement from Attorney
for all fees and expenses paid to Attorney in this matter; (b) obtain cancellation of all amounts
allegedly owed by VAB to Attorney; and (c) obtain reimbursement for consequential expenses
incurred by VAB, including the cost of replacement counsel.
4. Payment:
The VAB shall compensate the Attorney according to the terms of this Section 4. Payment
will be made monthly upon receipt of a proper invoice by the Clerk of VAB with documentation of
services rendered, pursuant to the Florida Prompt Payment Act.
a) VAB shall pay to Attorney a monthly fixed payment of $1,750.00 (the "Monthly
Payment"), less taxes if Monroe County determines that the withholding of taxes is appropriate.
The Monthly Payment shall include payment for all legal services rendered by Attorney to VAB in
the preceding month, all travel costs, and all other expenses incurred by Attorney during such
month, except as provided in Subsection 4b). Attorney shall provide to the Clerk of VAB the first
invoice for a Monthly Payment on or about June 1, 2013.
b) If VAB directs Attorney to travel outside of Monroe County for VAB business,
Attorney's reasonable travel expenses shall be reimbursed in accordance with the Monroe County
Code, and summarized on an authorized Travel Form with all receipts attached thereto. VAB will
not pay for any markup of expenses.
VAB Legal Services feb 2013 sg
3
c) Attorney is not authorized to retain experts, additional counsel, consultants, support
services, or the like, or to out source or delegate work outside Attorney's law firm, without prior
written approval by VAB.
5. Termination: The agreement can be terminated by either party with or without cause with
60 days prior written notice. Attorney shall be paid through the date of services rendered.
6. Records:
a) Records of the Attorney pertaining to this agreement shall be kept on generally
recognized accounting principles, acceptable to the Monroe County Clerk, and shall be available to
the VAB or to an authorized representative for audit. Attorney understands that Attorney must
have documentation to support all aspects of each bill, including fees and expenses, and must
maintain that documentation until at least one year after the termination of the representation. This
documentation shall be made available by Attorney to Monroe County, VAB or their designated
representative, including an accountant, the Monroe County Clerk or Monroe County Clerk's
representative, or legal bill auditor upon written request. Attorney agrees to cooperate with any
examination of this documentation and Attomey's fees and expenses, e.g., by responding promptly
and completely to any questions Monroe County, VAB or its designated representative may have.
Attorney shall notify VAB in writing at least 60 days in advance of destroying any such records
and, in the event that VAB requests that they be preserved, shall preserve them at least one
additional year or, at the option of the VAB, delivered to the VAB for storage by the VAB, with
VAB-responsible for paying the actual cost of storage. This documentation shall include, for
example, original time records, expense receipts, and documentation supporting the amount
charged by Attorney for expense items generated by the Attorney or his firm. VAB reserves the
right not to pay any fee or expense item for which sufficient documentation is not available to
determine whether the item was necessary and reasonable. Upon the execution of an Agreement or
amendment to this agreement by the VAB, Attorney may provide the documentation in digital
electronic form in Adobe Portable Document Format (PDF) or in Alchemy format in lieu of the
manual preservation requirements detailed above.
b) Attorney shall maintain all books, records, and documents directly pertinent to
performance under this Agreement, including but not limited to the documents referred to in
Section 4 of this Agreement, in accordance with generally accepted accounting principles,
consistently applied. Upon ten (10) business days written notice to the other, representatives of
Monroe County, the VAB 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 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 Monroe
County, the VAB, the State of Florida or authorized agents and representatives of said government
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
VAB Legal Services feb 2013 sg
4
Clerk of Court for Monroe County, the VAB, or their agents and representatives.
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.
7. Modification: Additions to, modification to or deletions from the provisions set forth in this
agreement shall be effective only in writing and approved by VAB. If during the term of this
agreement the Florida Legislature amends the statutes governing the Value Adjustment Board in
such a way as to affect the position of Legal Counsel, then this Agreement shall be modified or
nullified, as the case may be, accordingly.
8. Indemnification and Hold Harmless: The Attorney agrees to indemnify and hold Monroe
County Value Adjustment Board harmless for any and all claims, liability, losses and causes of
action which may arise out of its fulfillment of the agreement. He agrees to pay all claims and
losses, including related court costs and reasonable attorneys' fees, and shall defend all suits filed
due to the negligent acts, errors or omissions of the Attorney's employees and/or agents.
9. Insurance. Professional Liability Insurance shall be maintained. Coverage shall be
$100,000 per claim, $300,000 total limit. A copy of a current Declaration page is attached hereto
as Exhibit"A."
The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of
VI or better, that is licensed to business in the State of Florida and that has an agent for service of
process within the State of Florida. The coverage shall contain an endorsement providing sixty(60)
days notice to Monroe County prior to any cancellation of said coverage. Said coverage shall be
written by an insurer acceptable to Monroe County and shall be in a form acceptable to Monroe
County.
Attorney shall provide to Monroe County certificates of insurance or a copy of all insurance
policies including those naming Monroe County as an additional insured. Monroe County reserves
the right to require a certified copy of such policies upon request.
10. Taxes: The VAB and Monroe County are exempt from Federal Excise and State Florida
Sales Tax.
11. Finance Charges: The VAB and Monroe County will not be responsible for any finance
charges.
12. Independent Contractor: It is the intent of the parties hereto that the Attorney shall be
legally considered as an independent contractor and that neither he nor his employees or agents
shall, under any circumstance, be considered servants or agents of the VAB and VAB shall at no
time be legally responsible for any negligence on the part of said successful responder, its
employees or agents, resulting in either bodily or personal injury or property damage to any
individual, firm,or corporation.
VAB Legal Services feb 2013 sg
5
13. Disclosure: The Attorney shall be required to list any or all potential conflicts of interest, as
defined by Florida Statute 112 and Monroe County Ethics Ordinance. The Attorney shall disclose
all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any
client's interest which may conflict with the interests of the VAR
14. Assignment: the Attorney shall not assign, transfer, convey, sublet or otherwise dispose of
this agreement, or of any or all of its right, title or interest therein, or his or its power to execute
such contract to any person, company or corporation without prior written consent of the VAB.
15. Compliance With Laws: Attorney shall comply with all international, federal, state and
local laws and ordinances applicable to the work or payment for work thereof.
16. Force Majeure: The Attorney shall not be liable for delay in performance or failure to
perform, in whole or in part, the services due to the occurrence of any contingency beyond its
control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor
shortage, war or act of war whether an actual declaration thereof if made or not, insurrection,
sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident,
fire, explosion, storm, flood, drought, or other act of God, act of any governmental authority,
jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical
failure where the Attorney has exercised reasonable care in the prevention thereof, and any such
delay or failure shall not constitute a breach of this agreement.
17. Governing Law/Venue: This agreement shall be governed and construed by and in
accordance with the laws of the State of Florida and constitutes the entire agreement between the
VAB and VAB and Attorney. Venue of any court action filed relative to this agreement shall lie in
Monroe County, Florida.
18. Antisolicitation: The Attorney warrants that no person has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee and that no member of the Monroe County government or the VAB
has any interest, financially or otherwise in the Attorney or its subcontractors.
19. Severability: If any provision of the agreement shall be held by a Court of competent
jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application of
such provision other than those as to which it is invalid or unenforceable, shall not be affected
thereby; and each provision of the agreement shall be valid and enforceable to the fullest extent
permitted by law.
20. Notice: Any notice required or permitted under this agreement shall be in writing and hand-
delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as
follows:
For VAB: For Attorney:
Monroe County Clerk Robert Tischenkel, Esq.
500 Whitehead Street 201 Front St., Ste. 331
Key West, FL 33040 Key West, Fl. 33040
VAB Legal Services feb 2013 sg
6
VAB shall give notice to Attorney of any meetings at which the Attomey's presence is required or
requested.
21. Ethics Clause: The Attorney warrants that it has not employed, retained or otherwise had
act on his behalf, any former Monroe County officer or employee in violation of Section 2 or
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 10-1990. For breach or violation of the provision, the VAB may, at its discretion terminate this
agreement without liability and may also, at its discretion, deduct from the agreement or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former or present County officer or employee.
22. 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 response on a contract
to provide any goods or services to a public entity, may not submit a response/bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit responses/bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount provided in
section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
23. General Requirements of Contractors:
a) Ownership of Attorney files and work product: Attorney understands that all files and
work—product prepared by Attorney or his firm at the expense of VAB (or for which VAB is
otherwise billed) is the property of VAB. Without VAB's prior written approval, this work product
may not be used by Attorney or his firm nor disclosed by Attorney or his firm to others, except in
the normal course of Attomey's representation of VAB in this matter. Attorney agrees that VAB
owns all rights, including copyrights, to materials prepared by VAB or by Attorney on behalf of
VAB. Attorney shall notify VAB in writing at least 60 days in advance of destroying any such
records and, in the event that VAB requests that they be preserved, shall preserve them at least one
additional year (with VAB responsible for paying the actual cost of storage). Attorney shall
provide VAB with prompt access to (including the ability to make copies of) all attorney files and
work product, regardless of whether the representation or matter is ongoing and whether attorney
fees and expenses have been paid in full.
b) Dispute resolution: Attorney and VAB agree that all disputes regarding Attorney's fees or
expenses are to be resolved pursuant to the procedures and practices for mediation by the Attorney
Consumer Assistance Program of the Florida Bar.
c) Entire Agreement. The entire agreement between the VAB and Attorney with respect to
the subject matter hereof is contained in this Agreement. This Agreement supersedes all prior oral
and written proposals and communications between the VAB 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 in writing and signed by the party
against whom the 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.
VAB Legal Services feb 2013 sg
7
d) Captions. The captions set forth herein are for convenience of reference only and shall not
define, modify,or limit any of the terms hereof.
e) Conflicts in interpretation. The VAB and Attorney agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between them, the final interpretation
by the VAB shall apply.
f) Adjudication of Disputes and Disagreements. The VAB and Attorney agree that all disputes
and disagreements between them shall be attempted to be resolved by a meet and confer session
between representatives of the VAB and Attorney. If the issue or issues are still not resolved to the
satisfaction of both within 30 days after the meet and confer session, then either shall have the right
to seek such relief as may be provided by this Agreement or by Florida law.
g) Cooperation. In the event any administrative or legal proceeding is instituted against either
the VAB or Attorney relating to the formation, execution, performance, or breach of this
Agreement, the VAB and Attorney each agree to participate, to the extent required by the other, in
all proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement. The VAB and Attorney each agree that neither shall be required to enter into any
arbitration proceedings related to this Agreement or any Attachment or Addendum to this
Agreement.
h) 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 VAB or
Attorney from any obligation or responsibility imposed upon each by law except to the extent of
actual mod-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 VAB, except to the extent permitted by the Florida Constitution, state statutes, case
law, and, specifically, the provisions of Chapter 125, Florida Statutes.
i) Attorney's Fees and Costs. In the event any administrative proceeding or cause of action is
initiated or defended by the VAB or Attorney relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, court
costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and
shall include reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses in
appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement
or as may be required by a court of competent jurisdiction shall be conducted in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court-of Monroe VAR
j) Authority. Attorney warrants that he and the authorized time keepers are authorized by law
and the Rules and Regulations of The Florida Bar to engage in the performance of the activities
encompassed by this Agreement. If Attorney is a member of a law firm, either as partner,
shareholder, associate, or other relationship, Attorney warrants that he is authorized to enter into
this Agreement by Attorney's law firm.
k) Non-Discrimination. Attorney shall not discriminate, in its employment practices and in
providing services hereunder, on the basis of race, color, sex, religion, disability, national origin,
VAB Legal Services feb 2013 sg
8
ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall abide by
all federal and state laws regarding non-discrimination. Upon a determination by a court of
competent jurisdiction that such discrimination has occurred, this Agreement automatically
terminates without any further action by the VAB, effective the date of the court order. Attorney is
aware of the provisions of Section 13-101 through 13-106, Monroe VAB Code, relating to non-
discrimination, and agrees to abide by the Code's nondiscrimination requirements.
I) Claims for State or Federal Aid. The VAB and Attorney agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement, provided that all applications, requests, grant proposals, and funding solicitations by
Attorney shall be approved by the VAB prior to submission.
m)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 VAB and
Attorney agree that neither the VAB 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 benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated under
this Agreement.
n) Attestations. Attorney agrees to execute such documents as the VAB may reasonably
require, including a Drug-Free Workplace Statement, and a Public Entity Crime Statement.
o) Signatures of Parties Required. This Agreement shall not be effective until executed by both
VAB and Attorney and received in final executed form by an authorized representative of VAB.
p) No Personal Liability. No covenant or obligation contained in this Agreement shall be
deemed to be a covenant or obligation of any member, officer, agent or employee of the Board of
VAB Commissioners of Monroe VAB in his or her individual capacity and no member, officer,
agent or employee of the Board Of VAB Commissioners of Monroe VAB shall be liable personally
on this Agreement or be subject to any personal liability or accountability by reason of the execution
of this Agreement.
q) Execution in Counterparts. This Agreement maybe executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and
the same instrument and the VAB and Attorney may execute this Agreement by signing any such
counterpart.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
VAB Legal Services feb 2013 sg
9
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above
written.
ATTORNEY {
By 1 'RNU"�^�� (ia ljt`
Robert Tischenke►,Esq.
(SEAL) VALUE ADJUSTMENT BOARD
Attest: 2AMY HEAVIL[N,Clerk OF MONROE C FLORIDA
By:A]'^.„. -"^" U By:
Deputy Clerk Chairman Da id Rice
e n
5 — —
C 'rn
rn
0 0
.70
-0
rn
7-1 o
r
co
v pqO- COUNTY ATTORNEY
APPROVED AS TO FORM.
-- 3U N M, GRIMSLE
N'r COUNTY ATTORNEY
VAB Legal Services feb 2013 sg
A. TrACFWk<k;T A
r i� ll F�lo��ri�dJan�
\ Florida
1 E1�..7 541 E. Mitchell Ha 'imock Road • Oviedo, Florida 32765
Phone:800-433-6458 • Fax; 800-78I-2010
M u t u a l www.flmic.com
Insurance Companyr
Created by The Florida Bar for its members.
Lawyers Professional Liability Poll y
This is a Claims Made and Reported Policy. Please read it carefully.
Declarations
Policy Number: 20080227
Item I. Named Insured: Robert Tischenkel
Mailing Address: 201 Front Street, Suite 331
Key West, Florida 33040
Item 2. Policy Period: From 09/01/2012 to 09/01/2013 at l2:<7 A.M.
Standard Time el Your Address Shown Above
Item 3. Limit of Liability: $I00,000 Per Claim
$300,000 Total Limit
Item 4. Deductible: $10,000 AnnualAggrega.e
Item I Premium: $843
Item 6. Forms and Endorsements Attached at Policy Issuance:
FLPL-101 (R.08/01/2011) FLPL-200R(R.08/0I/2011) FI.PL-I03 (R.08/01/201 I)
FLPL-108(R.08/01201 1) FLPL-I09(R.08/01/201 I)
The Policy is not valid until signed by Our authori:ed representative.
August 14,2012 r envy)
Date Issued utho - ire
Fl.PI.100 (R.08/01;301/) Page / of
To: Members of the Value Adjustment Board
From: Robert Tischenkel, Legal Counsel
Re: Legal Counsel Contract
Date: April 18, 2013
1. Enclosed is a proposed contract renewing my position as the VAB legal counsel
for another five years (three years with a two-year option, the same as the
current contract). The County Attorney confirms that this contract is not required
to go to bid. You may prefer to do so.
2. The County Attorney has reviewed the contract for legal sufficiency.
3. The contract is the same contract as the current one with some changes that I
will describe. The primary change concerns payment (Section 4). I have proposed
a raise and changed the method of payment. Experience tells me that this is a 75-
hour per year job (though there were fewer hours this year due to hearings
cancellations). I currently bill at $200/hour, plus expenses. In the new contract I
would receive $21,000 spread over 12 equal payments of $1750 per month. Then
the raise is reduced by the incorporation of all expenses, travel, mileage, etc. into
the monthly payment (except expenses for travel outside of the county, which
has never happened).
4. There are three other changes to note: (1) The new contract will commence on
June 1, 2013, thereby terminating the existing contract which would expire in
August (Section 1); (2) During the term of this contract, the Florida Legislature
might consider changes to all VABs. If legislative amendments were to affect the
legal counsel position, then this contract must be changed accordingly (Section 7);
and (3) The insurance provision has been simplified (Section 9).
5. Thank you for your consideration.
AMENDMENT TO LEGAL SERVICES CONTRACT
THIS AMENDMENT to LEGAL SERVICES CONTRACT is entered into this 15Rh day of April, 2011, by and between
the MONROE COUNTY VALUE ADJUSTMENT BOARD, hereinafter referred to as the VAB and ROBERT
TISCHENKEL, ESQUIRE, hereinafter referred to as the Attorney.
WHEREAS,the parties entered into an agreement on August 12,2008, for the provision of legal services to the
VAB; and
WHEREAS,a recent complaint has been filed against the VAB requiring that the scope of services be expanded;
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein,the parties agree as follows:
1. Paragraph 2, Scope of Services, of the contract entered August 12, 2008,shall be revised to read as follows:
2. Scope of Services: The Attorney will provide the following services:
Attorney shall attend all meetings of the VAB and all hearings before the Special Magistrates for the VAB,and
shall advise the VAB and VAB Special Magistrates on an as-needed basis regarding such legal issues as may arise,
including but not limited to valuation, homestead and other exemptions, late filing, and the admission of
evidence, and any other legal matters concerning Value Adjustment Board business. Attorney shall,on an as-
needed basis,also provide advice to the clerical staff provided by the Clerk to the VAB. Attorney shall represent
and appear on behalf of the VAB in any legal matters filed in a state court or before a state agency.
Attorney has been retained specifically because Attorney, personally, is understood by VAB to be able to
handle this matter. Employment of additional individuals, whether attorneys, paralegals, or others, who will bill
time to VAB is not permitted without the advance written approval of VAB.
2. All other provisions of the contract entered August 12, 2008, not inconsistent herewith shall remain in full
force and effect.
IN WITNESS WHEREOF,the parties have caused these presents to be executed in their respective names on
the date first set above. -- r o -D
cp
<'-\ Robert Tischenkel, Esquire - -n
_l c p
x
-o
(SEAL) VALUE ADJUSTMENT BOARD
Attest DANNY L.K LHAGE,Clerk OF MONT E COUNTY _co ifs
je
Deputy Clerk // Mayor/ man