08/12/2008 Contract LEGAL SERVICES CONTRACT
THIS AGREEMENT is entered into this'2th day of August, 2008, 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 VAB wishes to enter into this agreement with the Attorney so that the
Attorney will act as private legal counsel to the VAR;
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the
parties agree as follows:
1. Term: The term of this agreement is for a three year period commencing September 1,
2008 and terminating August 31, 2011. The VAB may exercise one option for an additional two
(2)years upon giving written notice to the Attorney no less than sixty (60) days prior to the original
expiration date. The V AB'ss 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 funding 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 funding appropriated.
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 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.
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 or she 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
VAB Legal Counsel Ag I
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 or she is competent and available to handle that matter. 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 or her 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 or she 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 Pricing attached hereto as Exhibit
A. Payment will be made monthly upon receipt of a proper invoice with documentation of services
rendered, pursuant to the Florida Prompt Payment Act. Attorney shall provide detailed, itemized
bills which shall, at a minimum:
a) Description. Provide a general description of the matter; clearly identify each person
performing services, record the time expended by each person separately; state the amount of time
expended by each person daily (and, within each day, broken down by task where more than one
project or task was worked upon within the same day); describe within each itemized daily task
entry, in sufficient detail to readily allow the VAB to determine the necessity for and
reasonableness of the time expended, the services performed, the project or task each service
relates to, the subject and purpose of each service, and the names of others who were present or
communicated with in the course of performing the service.
b) Travel expenses .will be reimbursed in accordance with the applicable provisions for
"approved travelers" of the Monroe County Code, and will be summarized on the Monroe County
Travel Form with all applicable receipts attached thereto.
c) Non-reimbursable expenses: The following expenses will in no event be reimbursable,
unless specifically agreed to in advance in a writing executed by VAR:
Personnel and Office Costs. Meals for time-keepers, overtime, word processing or
computer charges, personal expenses, expenses that benefit other clients, expenses for books, costs
of temporary employees, periodicals or other library materials, internal filing or other document
VAB Legal Counsel Ag 2
handling charges, clerical expenses, stationery and other supply expenses, utilities, and any other
expense that is either unreasonable or unnecessary. (The fact that the firm charges other clients or
that other firms charge their clients for an expense does not make it reasonable or necessary.)
d) 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.
e) VAB will not pay any markup for expenses. VAB will only reimburse the Attorney for
actual approved out-of pocket costs and expenses, whether incurred personally by an approved
time-keeper or incurred by other approved personnel (such as experts, consultants, support services
personnel, or outsourced services personnel). VAB will not pay for any "expense" items that are in
fact part of Attomey's overhead which should be included within Attorney's fee.
f) Attorney shall include copies of receipts for all expenses with the itemized monthly bill.
VAB may refuse to pay any expense item for which documentation is not provided by Attorney.
5. Termination: The agreement can be terminated by either party with or without cause with
120 days prior written notice.
6. Accounting Records: 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 Attorney'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 or her 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.
a) Access to Records. 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
VAR Legal Counsel Ag 3
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
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.
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. It 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 employees and/or agents.
9. Insurance. Professional Liability Insurance shall be maintained. In the event the completion
of the project (to include the work of others) is delayed or suspended as a result of the Attorney's
failure to purchase or maintain the required insurance, the Responder shall indemnify the
COUNTY from any and all increased expenses resulting from such delay.
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 the COUNTY prior to any cancellation of said coverage. Said coverage shall be
written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the
COUNTY.
The Attorney shall obtain and maintain the following policies:
SLf
cit(a-'-k-'.Q a) Workers' Compensation insurance as required by the State of Florida.
wa vt
0.r b) Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease,
policy limits. $100,000 Disease each employee.
VAB Legal Counsel Ag 4
c) Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use of
motor vehicles, including onsite and offsite operations, and owned, hired or non-owned
vehicles, with minimum limits of $100,000 Combined Single Limit, and if split limits are
provided, the minimum acceptable limits shall be $50,000 per person, $100,000 per
occurrence,$25,000 property damage.
d) Commercial general liability covering claims for injuries to members of the public or
damage to property of others arising out of any covered act or omission of the Attorney or
any of its employees, agents or subcontractors or subconsultants, including Premises and/or
Operations, Independent Contractors; Broad Form Property Damage and a Contractual
Liability Endorsement with $300,000 Combined Single Limit, , and if split limits are
provided, the minimum acceptable limits shall be $100,000 per person, $300,000 per
occurrence, $50,000 property damage.
e) COUNTY shall be named as an additional insured with respect to Attorney's liabilities
hereunder in insurance coverages identified in Paragraphs C and D.
1) Attorney shall require its subconsultants to be adequately insured at least to the limits
prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of
insurance for subconsultants.
g) Attorney shall provide to the COUNTY certificates of insurance or a copy of all insurance
policies including those naming the COUNTY as an additional insured. The 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 it nor its 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.
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 VAB.
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.
VAR Legal Counsel Ag 5
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 shall give notice to Attorney of any meetings at which the Attorney's presence is required or
requested.
21. Ethics Clause: The Attorney warrants that it has not employed, retained or otherwise had
act on its 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 fce, commission, percentage, gift, or
consideration paid to the former or present County officer or employee.
VAB Legal Counsel Ag 6
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 or her 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 or her firm nor disclosed by Attorney or his or her firm to
others, except in the normal course of Attorney'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.
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
VAB Legal Counsel Ag 7
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 and 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 attomey'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 VAB.
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,
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.
VAR Legal Counsel Ag
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 may be 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.
IN WETNESS WHEREOF, the parties have executed this agreement the day and year first above
writte$t. __
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(Attorney)
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5a Robert Tischenkel, Esq.
(SEAL) ` VALUE ADJUSTMENT BOARD
Attest: DANNY L. KOLHAGE, Clerk OF MONRO COUT7i�TTY, FL RUM
By:� By: 2ALc ///
Deputy Clerk Mayor/Chairman
MONROE COUNTY ATTORNEY
fVED AS T F My
E ZANNE A. HU/TTTTON
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PRICING INFORMATION
NAME OF RESPONDENT. in Oaf 7 Sc{#,vua
BILLING ADDRESS: 0161 f*ttiT STitt Tr Sut Ter 331
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TIME-Keepers(List by Name) Professional Status Hourly rate
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Responder's Signature: (UW C4"
Date: 7/14/o
27
VAB Private Legal Counsel RFP:2008
Florida
fir - ,1AWYERS
Insurance Company®
Created by The Florida Bar for its members.
Lawyers Professional Liability Policy
This is a Claims Made and Reported Policy. Please read it carefully.
Declarations
Policy Number: 20080227
Item 1. Named Insured: Robert Tischenkel
Mailing Address: 201 Front Street, Suite 331
Key West,Florida 33040
Item 2. Policy Period: From 09/01/2008 to 09/01/2009 at 12:01 A.M.
Standard Time at Your Address Shown Above
Item 3. Limit of Liability: $100,000 Per Claim
$300,000 Total Limit
Item4. Deductible: $2,500 Annual Aggregate
Item S. Premium: $539
Item 6. Forms and Endorsements Attached at Policy Issuance:
FLPL-101 (R.08/01/2006) FLPL-200 (R.01/01/2005) FLPL-103 (R.08/01/2006)
The Policy is not valid until signed by Our authorized representative.
August 27,2008 tz esentative
Date Issued
FLPL-100(R.08/01/2006) Page I of I
907 382 1400•800.6336958• lax:907382.3130• xwwllmic.corn
3504 Lake Lynda Drive•Sure 325 •Orlando,Florida 32817-1904
2005 Edition
MONROE COUNTY,FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be
waived or modified on the following contract.
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Adninbmaion Instmnion
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COPY
REQUEST FOR PROPOSAL FOR PRIVATE LEGAL COUNSEL— VAB
Robert Tischenkel
201 Front Street, Suite 331
Key West, FL 33040
Phone (305) 987-7057
Contact: Robert Tischenkel
Respectfully submitted,
�-� r 1.. (
Narrative Self-Analysis.
I, Robert Tischenkel, am an attorney in private practice in Key West,
Florida. I am a sole practitioner with a concentration in governmental law.
I served as the City Attorney of Key West between 1996 and 2006. In this
capacity, I advised the City Commission and numerous administrative
boards of the City. I performed legal services for other municipalities before
commencing work for Key West in January of 1995. I have extensive
experience advising administrative boards and special magistrates, both in
the substance and in the procedures of their duties.
For the past two years I have served as a special magistrate for the Monroe
County Value Adjustment Board. I have heard and made recommendations
to the VAB in ad valorem exemption cases.
I have taught the general principles of ad valorem taxation for almost 25
years. First at the University of Miami School of Law in the 1980s and
eventually for BARBRI of Florida (the firm that prepares law graduates for
the bar exam), I have lectured in Florida Constitutional Law, of which ad
valorem taxation is a part.
I will fulfill the contract, if awarded, by attending all meetings of the VAB
and all hearings of the special magistrates. I will provide active legal counsel
to them, including written memoranda when appropriate. I understand the
distinct roles of the VAB attorney and the attorney for the Property
Appraiser's Office.
Finally, per the terms of the Request For Proposals, I am a citizen of the
United States; I am not a member or an employee of a taxing authority; and I
do not represent property owners in administrative or judicial review of
property tax issues.
References.
Edwin A. Scales III P.A.
201 Front Street, Suite 333
Key West, FL 33040
Contact: Ed Scales
Phone: 305 292-8950
Mr. Scales became a Key West City Commissioner in 2001. I served him as
City Attorney during his tenure on the City Commission. The duties are
comparable because they both involve providing legal counsel to a
governmental board.
BARBRI of Florida, Inc.
2810-28 Sharer Road
Tallahassee, FL 32312
Contact: Susan Canning
Phone: 800 950-7277
I have lectured in Florida Constitutional Law for BARBRI since 1987.
Susan Canning has been my supervisor for that time. I developed an
understanding of the principles of ad valorem taxation by teaching this
course.
Staffing.
All staffing will be undertaken by Robert Tischenkel.
(I am not a minority under Federal definitions.)
Pending/Past Litigation
While the City of Key West has some ongoing litigation that was
commenced when I was City Attorney, I am no longer involved in any of the
cases. Those cases, or any others within the past five years, do not involve
Monroe County, the Monroe County School Board or the Monroe County
Value Adjustment Board.
•
RESPONSE FORM
RESPONSE TO: Request for Proposal -Private Legal Counsel for
Monroe County Value Adjustment Board
do PURCHASING DEPARTMENT
GATO BUILDING,ROOM 1-213
1100 SIMONTON STREET
KEY WEST,FLORIDA 33040
I acknowledge receipt of Addenda No(s)
I have included:
the Qualifications It Ethics Clause ✓
the Non-Collusion Affidavit ✓ Drug Free Workplace Form ✓
Pricing Quote I
In addition, I have included a current copy of the following professional and occupational licenses:
MONRtE Lamy A.' O CITY OF I(Gy wr5r OCCOPAmoNAL Licewwc I.LO QI oA BA4
HEMBansiliP
(Check mark items above,as a reminder that they are included.1
Mailing Address: aZol F&Dt..1T STLFFt, Suilc 531 Telephone: 3°S ¶171057
kJY wor pt. 33o`fa Fax: 365 7-4 to- 6629
Date: 7/aY/o
By signing aid submitting this Proposal, I am certifying that (a) I am a citizen of the United
States; (b) . . :: • • I I I • .. •• _ . . , (c) I am not a member or an employee
of any taxing authority; and (d) I do not represent any property owner in an administrative or
judicial review of property tax issues. I, Iyy'
Signed: WGA Witness: v`^ 'I( , U P'�11 v
(Seal) _
Re Bet iSafe44<uL
(Name)
(Title)
23
VAB Private Legal Counsel RFP: 2008
NON-COLLUSION AFFIDAVIT
1, 3o0t%LT rSL,uar.e;L ofthe city of u-Y wJe-STI FLO AIOA according to law
on my oath,and under penaltyof perjury,depose and say that:
I. lam goontr Ti scHer4c L
of the firm of btIO
in response to the Notice for Calling for Proposal for:
Legal Counsel Services for Monroe County Value Adjustment Board and that I executed the
said proposal with full authority to do so.
2. This response has been arrived at independently without collusion,consultation,communication or
agreement for the purpose of restricting competition,as to any matter relating to qualifications or responses of any other
responder or with any competitor;and
no attempt has been made or will be made by the responder to induce any other person,partnership or corporation to submit,
or not to submit,a response for the purpose of restricting competition;
3. The statements contained in this affidavit are true and correct,and made with full knowledge that Monroe
VAB relies upon the truth of the statements contained in this affidavit in awarding contracts for said project.
Rei..r e a..Lk 1/ty/o8
,r(ySaiignaturet�of Responder) (Date)
STATE OF: 1�r�. (l�Jft IJ�
VAB OF: I I y/ R:* �,,�7,, ,7-r L(, ��/�
PERSONALLY APPEARED BEFORE ME,the undersigned authority, Qrtkil t I I'n*K-I who,
e first being swor�n by me,(name of individual signing)affixed hisrhs signature in the space provided above on this
ii
day of )lnl 200Ei .
+lN"rs% Notary Publice ane of Florida `�y'" I t1 1-L v
+�� g Linea L ROU Sal / 1 r^t/'-��
AE My Commission DD553579 NOTARY PUBLIC
on. Expires 0511712010
My Commission Expires:
24
VAB Private Legal Counsel REP:2008
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Responder) 201301-t AJrtft- warrants that he/ithas not employed,
retained or otherwise had act on histils behalf any former COUNTY officer or employee in violation of
Section 2 of 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 this provision the Value Adjustment Board may, in
its discretion,terminate this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee,commission, percentage,
gift, or consideration paid to the former COUNTY officer or employee.lo
a
_(Attorney) 1Cr(w.( (Hu"�
(Signature)
/72Y/0a
A ,r� (Date)
STATE OF W'�Y,--\jt.1'71,",t/�
COUNTY OF I Y vnM1UC, -;K�ry- 'V�"
PERSONALLY APPEARED BEFORE ME,the undersigned authority, a t151 tR1 th who,after
first b,Fingswom by me Affixed his. ter signature(name,L� of individual signing)in the space provided above on
this. - day of �u1� ,20 UA
P Notary Public te Stale of Pi%
Linda Raherman , �l � } µr\
Ma • d My Cammissicncc`- NOT Y PUBLIC
w Expires 05/17/20
My commission expires:
OMB-MCP FORM 144
25
VAB Private Legal Counsel REP: 2008
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
RO par "fit SCNCNiZt }
(Name of Business)
1.Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use ofa
controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free
workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be
imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under response/bid a copy of
die statement specified in subsection(I).
4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or
contractual services that are under response/bid,the employee will abide by the terms of the statement and will notify the
employer of any conviction of,or plea of guilty or nob contendere to,any violation of Chapter 893 (Florida Statutes)or of
any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five
(5)days after such conviction.
5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such
is available in the employee's community,or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements.
Responder's Signature
1/xyro8
Date
A-f earn*, IZebert fsc4rntt.t k.c elo eel(e.�tr S.
26
VAB Private Legal Counsel RFP: 2008
7005 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that die insurance requirements,as specified in the County's Schedule of Insurance Requirements,
be waived or modified on the following contact.
Contractor: jZDSslf '(t ScHCar/r4GL
Contract for: PIC /RTG L46RL L.coNfrL Fpt2 not coo dir ✓Au)F AtudSTMnOT 004~9
Address of Contractor: 9-0i 11abgir ,ST4alcT , SUITC 331
Ki Y west- p_ 330'to
Phone: 3DS Q87- 7oS7
Scope of Work: PM I IC Lg&M- San oicr3 To 6041 AtSTRRT'J4
GDAttO (Aft 40 JAcerl4M TA*A7wt N4771MLS
Reason for Waiver. to Uctc3 Ara( ftete V/tr- T to The Co,JTAACrdv
Policies Waiver Wolutens tom Paw it 7avid FMehoUeytS Li A AILI N (dNMefCA(•
will apply to:
VLraAi1LM- Li4o1l ITY. ALSO, *fon revc4 nosot.A4ce- is peVif rugs Nor
,.. ads,Anrss,
n
Signature of Contractor: Itil4N Cee2 "')
Approved _ Not Approved
Risk Management
Date
County Administrator appeal.
Approved: Not Approved: ,
Date
Board of County Commissioners appeal:
Approved: Not Approved: _
Meeting Date. _--
Admims:ration Instruction
P7500
•
`T. ;N P 46112-0096593
2007-2008 MONROE LxH FS
1 , E 1 c ulr,A SEPT 30, 2008
RIES MUST BE DI A IAVEO IN CONSPICUOUS PLACE
HMES ROOMS SEATS EMI'IOYEES
SUPPLEMENTAL
RENEWAL
OF NEW 1AX
NESS 46112 ATTORNEY TRANSFER
ORIGINAL 1AR 30 .00
NESS
Iris
201 FRONT ST 331
01 — CITY OF KEY WEST
.029t1668 — vrrvAOI ry
NC TISCHENICEL ROBERT COLLEcuoN c-OS1
Hi TOTALss 201 FRONT ST STE 331 - 30 .00
KEY WEST FL 33040
BECOMESATAX DANISE IL HENRIQUE2 TAX COLLFZ t E THIS IS ONLY A TAX. YOU MUST
FIPTWHFN VALIDATED PO BOX 1129, KEY WEST FL 33041- 1129 S MEET ALL COUNTY AND/OR
MUNICIPALITY PLANNING AND
0000000000 0000003000 0000461120096593 1001 2 ZONING REQUIREMENTS,
CITY OF KEY WEST, FLORIDA
Business Tax Receipt
A City Occupational License is a business tax .
Holder must meet all City zoning and use provisions .
P. O . Box 1409 , Key West , Florida 33040 ( 305 ) 809- 3955
Business name . . TISCHENKEL , ROBERT Ctl nbr . . 17261
Location addr 201 FRONT ST
Lic Nbr/Class . . 08 00021153 SERVICE - PROFESSIONAL
Issue date . . . 9/11/07 Expiration date . . 9/30/08
Lic Fee 295 . 00
Penalty . 00
Total • 295 . 00
Comments . ATTORNEY
This license must be prominently displayed .
Dpec: KEYNtNN Type: 7L DDawer:
TISCHENKEL , ROBERT Date: 9/13:07 51 Receipt no: 113945
201 FRONT ST STE 331 ROB_ER1201um (.1$,EL
KEY WEST FL 33040 '..n LI � _C ee H. i {235.L0
i rans mete : 2290775
44 C€7: :od 1295.00
trans date: 9/13i07 Tan: i:40:58
42 H..\
•Member Sinc•
. ,
01/25/1980 'I
Robert William Tischenkel
MIEN029s68
Pricing Information.
The attached Form reflects an hourly rate of$200.00 per hour. Please note
that this rate includes all ordinary expenses (e.g. phone, ordinary copying,
faxing, gas and mileage) and excludes extraordinary expenses (e.g. travel
outside of Monroe County, court filing fees, large-scale copying).
PRICING INFORMATION
NAME OF RESPONDENT: ?oDas 7 5c1fa&Iva L
BILLING ADDRESS: a I Fla t-2T ST.t rrr Surf( 3 31
u;Y uest, FL 33o'fD
TIME-Keepers(List by Name) Professional Status Hourly rate
1?beat ?I s444NKFr- RTroatiY do o.op
Responder's Signature: OAS Ca.&.ii
Date: 1/14/0
27
VAB Private Legal Counsel RFP: 2008
1/41
Other Information.
Ad valorem taxation is an area of the law in flux. Some of the bedrock ideas
that go back to the adoption of the 1968 Florida Constitution may be
changing. In January of this year, citizens approved by referendum
amendments to the ad valorem taxation article of the Constitution. This
November, the Taxation and Budget Reform Commission is placing an
additional seven referendum questions before the voters. I have been
tracking the changes and will be prepared to give updated legal counsel to
the VAB. But certain things aren't changing: the right to a fair hearing under
due process, the procedures of Florida's open government system, and the
relationship between the VAB and its special magistrates, and I am prepared
to provide counsel on these critical matters as well.