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Item B24 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Bulk Item: Yes July 27, 2000 X No Division: Growth Management Department: N/ A AGENDA ITEM WORDING: Approval of contact between Monroe County and John Wolfe to serve as legal counsel to the Monroe County Planning Commission. ITEM BACKGROUND: With the departure of Garth Collar, the Monroe County Planning Commission lost its full-time legal counsel. In his place, Ms. Karen Cabanas of the law firm of Morgan and Hendrick has been serving as legal counsel to both the Planning Commission and Growth Management Division staff. Serving the Planning Commission and Growth Management Division staff creates awkward situations for legal counsel concerning a conflict of interest. Furthermore, in recognition of the need to reduce expenditure in response to incorporation, the Growth Management Division is recommending the elimination of the position of Land Use Attorney in the upcoming fiscal year budget. The Growth Management Division proposes to continue to secure legal services for its staff from the County Attorney and under contract with a private firm. Legal services for the Monroe County Planning Commission will be secured though contract with qualified private attorneys with land use experience. John Wolfe is such an attorney. A copy of his resume is attached. PREVIOUS RELEVANT BOARD ACTION: None STAFF RECOMMENDATION: Approval TOTAL COST: $36,000 BUDGETED: Yes X No COST TO COUNTY: $36,000 APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DIVISION DIRECTOR APPROV A lrector of Growth Management DOCUMENTATION: Included X To follow Not required Agenda Item #: 1~BJLj DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMl\USSIONERS Contract with: CONTRACT SUMMARY Contract # ::ro,^~ Wo\~e. Effective Date: 81-1-1 00 Expiration Date:-1:/IAI_ Contract Purpose/Description: Sef'Ve. Cl.So\e,al l.OlJ~sel ~~ rhM, JI~M'~7 Co "'''''"''''~ . ..., "', ch r- ~..., u I rp.5: n I.Ie "d.:.,.. ff. ~ a 1/ I'P% ulo.-Iy S<-~ 0J\.d. sreCla.\ mee fr.. far:, j rev LeU) a.....II! O-ppmlA.l at tc torLi ~ll wr,~AJ Oanc:l..h'\~ ~ dt- ~-\-, CCMtWSlCA\)!; 0' b end re ~o\\JhlA'\( c.lro.(t,J \'1 ~lc.w,tJ.~ C,lU,'UC;Sh) j IN'1~ ad,.."s''''1 l 'k \1 f~f\"",,,~~lnlo,J c~ le~Q.IQl\d prrud...un..fls~ues I't.lalel ~ r"" c..wJCJc..ltJi~d.tlhe~ Contract Manager: hM(l /-l.t ~ .;>$"/9 61pr&,1U, IY7nQarMlIA t f),oIlJ'''l (Name) (Ext.) (Department) for BOCC meeting on ()7.f ;1,7' 00 Agenda Deadline: 071 II 1 t:)O ' Total Dollar Value of Comract: $ Budgeted? Yes ;x. No ' Grant: $ U" County M:atch: $ tJJ A CONTRACT COSTS 3G"oOO Current Year Portion: $ ~,OOO Account Codes: / '18 - S 000 J - S3~- 3' s - ADDmONAL COSTS Estimated Ongoing Costs: S 3l"OC)t) Iyr For: (Not included in dollar value above) (eg. maintenance. utilities. janitorial. salaries, etc.) CONTRACT REVIEW Changes Needed Yes No Division Director :]J 1:1/ 00 ( ) (.;(" Ri~gement ~/I'f/j;JQ (~) O.M.B.lPurchasing 2/ 13ttJO ( ) ~ tJ a~ County Attomey :lJ~/~ ( ) (~ Comments: V<t'A ~~'~. ~ tp~'^-~ -~~ ~ ~'VL- ~ p{?\O I ) Date In Date Out .,~ :Jj .J1!OO Lt 1:1/ ..9.... 0 '7/3/ VlJ --- ~J1L/~ t;~ OMS Form Revised 8/30/95 MCP #2 PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made and entered into by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, whose address is Public Service Building, 5100 College Road, Stock Island, Key West, FL 33040, and John Wolfe, whose address is Cunningham, Miller, Heffernan & Wolfe, L.L.P., 2975 Overseas Highway, Marathon, Florida, 33050, hereafter ATTORNEY. WITNESSETH: WHEREAS, the COUNTY desires to employ an attorney to provide legal counsel to the Monroe County Planning Commission acting under Chapter 9.5, Monroe County Code; and, WHEREAS, the ATTORNEY represents that he is professionally competent to perform the duties of legal counsel to the Monroe County Planning Commission ("Commission", hereafter), NOW, THEREFORE, in consideration of the mutual promises contained in this contract the parties agree as follows: 1. The ATTORNEY shall serve as legal counsel to the Commission. As the Commission's legal counsel, the ATTORNEY shall be required to: be present at all regularly scheduled and special Commission meetings; review and approve as to form all written findings of fact, conclusions of law and resolutions prior to approval by the Commission; and to advise the Commission on legal and procedural issues related to its duties and responsibilities under Chapter 163, Florida Statutes, and Chapter 9.5 of the Monroe County Code. 2. The COUNTY shall pay the ATTORNEY for basic services at the rate of thirty-six thousand dollars ($36,000) per year, payable in twelve (12) monthly installments of Page 1 of 4 three thousand dollars ($3,000). The payments due the ATTORNEY under this paragraph include all basic services, including without limitation for travel time, preparation for Commission meetings, attendance at all Commission meetings (not exceeding two meetings per calendar month), any correspondence or contacts with Commission and Growth Management Division staff related to carrying out duties and responsibilities as legal counsel to the Commission, and approval of Commission findings offact, conclusions oflaw, and resolutions. 3. In addition to compensation for basic services, if the COUNTY'S Planning Director determines that Commission workload requires more than two meetings per month, then the County shall pay the ATTORNEY as additional compensation one thousand five hundred dollars ($1,500) for each Commission meeting in excess of two per calendar month. 4. The ATTORNEY must bill the County Administrator, or his designee, by the tenth of each month for services performed during the previous month. The bill must be in a form satisfactory to the County Clerk. Payment must be made to the ATTORNEY within fifteen (15) business days after the County Administrator or his designee, receives the bill. 5. The ATTORNEY serves at the pleasure of the COUNTY'S Board of County Commissioners. The Board may terminate this contract by providing the ATTORNEY with written notice of termination. Upon receipt of the notice or upon any later effective termination date described in the notice, the ATTORNEY must immediately cease performing any further services under this contract. The COUNTY will remain obligated to pay the ATTORNEY for all service performed - Page 2 of4 but unpaid - up to the date of the ATTORNEY'S receipt of the notice or such later effective date specified by the Board provided, that compensation for basic services shall not be terminated sooner than thirty (30) days after the date of written notice unless mutually agreed to, in writing, between the parties. 6. The ATTORNEY may terminate this contract by giving the COUNTY at least thirty (30) days written notice. The ATTORNEY must be paid for all services performed - but unpaid - up to the effective date of his termination. 7. The ATTORNEY warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, to otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 8. All written notices required under this contract shall be considered to have been delivered and received if hand delivered or sent by certified U. S. Mail or a nationally recognized courier service to the addresses first written above. 9. The term of this contract begins on the date oflast signature. 10. In the event of litigation to enforce payment or any of the terms of the agreement, the prevailing party shall be entitled to receive reasonable attorneys' fees, including appellate attorney fees, if necessary. Page 3 of 4 11. The COUNTY'S performance and obligation to pay under this contract, is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 12. 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 bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit 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 in excess of the threshold amount provided in Section 280.017 FS, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman DATE Witnesses John Wolfe DATE Page 4 of 4 .. . . I . cipal. duties: include: (i) all aspects of ireal estate trans~ctions, including residential i and mmercial pro~ and business sales and lender financed transactions; (ii) land use law, including senting clients.in connection with various matters, working with County Staff, Planning epartment~ Boaro jof County COmmissioners as well as St~te Department of Environmental Ptotection and nbPartment of Health; and (Hi) general busines~ law. I , , I i i : I Group Vice Pre..~ident and General Counsel I I I Waste Management, Inc:. . Ifving, Texu. i' . I JUDe, 1991 _ 1997 /: I : . I : .R/esp.,DSible. for ~ .Group legal deJ>artment consisting pf fiveattom~s in Irving and two omeys in Mexico City. Principal duties include managing a1~ aspects of: (p preparation. review d negotiation of agreements concerning soli~ and hazardous w~te collection and disposal, landfill o tion and maintenance, recycling and SCaffolding and tank c~eaning services; (ii) environmental nnitting matt~rs; (ill) litigation and dispute resolution; (iv) environmental and anti-trust mpliance maners; (v) government affairs; (vi) employek relations matters and internal . vestigations; artd (yii) matters 'relating to operations in Mexicot includin& 'Cdl'poratestructure, tax, oPerations and cqmp'Iiancewith legal requirements pertaining t4 the export of maquilladora waste to the U.S. . I JOHN J. WOLFE JC=ed: Texas. 1975 , Florida, 1997 qate of Birth: June 1, 1948 ~ta1 Status: Manied. Four Children rlEGAL EXPERiENCE 1 I I ~er I 1 . , , unningbalD, l\filler, Heffernan & Wolfe, L.L.P. athoD, Florida ' 253 :West Seaview Circle Duck Key, Florida 33050 : (305) 743-0101 (H) , (305) 743-9427 (0) September, 1997 - Present i i'ice Pres I'd~n t, ~he Rosewood Corporation . eneralCounstjl - Corporate and Secretary : osewood Reso_rces, Inc. . ,alias, T~.xas i ' July, 1983 _ June~ 1991 ~~iPa1d.. u.tie~a~"RoseWOO.d~. es.o.. ute. e. S'Inc.,.apriV~IY-h. eld.ex~...l.ora. tio.... n.. an. ,d. .P:odu.....Cti.onco. mPflI1Y'. nslsted of: (1) general corpor,at~ matters, mcluding negotiation. OfiacqUlSltion' agreements land p. eparati.Q.n and~. ing of H~-Scq~-~odino filin~s; (ii) ~egoti~.o~ Of,variOUS.financings.(Prir.ate pJacements, term loans, commercial' paper; foreign cUlTency reject fmancmg)) and rendenng , , l. , i i i I I : oPinions and hatldling compliance matters related to such finan,bings; (iii) drafting and negotiation ~f joint ventW'e ~eements for domestic and international explOration activi~es; (iv) working with 'l1ax Manager. anp counsel in fOreign countries to establish appropriate le~ entities to conduct qusmess and ad~sitig on legal matters arising from business aFtivities in s~ch countries; and (v) nlumaging numerbus litigation matters. Also supervised attome~ responsible for natural gas contract ahd regulatory matters. Lead attorney on the sale of a substantial portion of the company'.s domestic ~I and gas pl'OJmti.. in the Swnmor of 1990. i ~ the sale o~ oila:od gas assets, promoted to Vice Prosidb (legal) .Df the pmont company. Ipctice consiste~ of continuing to represent the substantially d~-sized oil Company and working on matters relateq to venture capital investments, employee bene~it plans, employee relations matters ahd general corpc?rate and finance matters. Also served as primaiy management committee member o~ a lubricants bl~n~ing joint venture with Texaco Oil Comp~. . , I : ' I ~I . A I d. S Dlorttorn~~ an:. ecretary, eneral Amencan Oil Company of Texas I I naHas, Tens I .. I , (r , I Ii. !-fired to ban. dle fgeneral corporate and SEC. matters for the New York Stock Exchange listed e~ploration and iproduction company and to learn and h~m e legal matters arising from the c~mpanY'$ oil ~d gas operations. Two months after hiring ac uired responsibility of overseeing tJ1.e day-to-day affairs of the legal department and reporting d' ,y to the General Counsel who also h~d significant management responsibilities. Elected SecretalJ1 in November, 1982. I; i . . I I . . ;ties included: (i) Sppervisingtwo attorneys; (ii) SEe comp1ian~ work inchlflingwriting the proxy tement and preparing the legal portions of the I O-Q and 1 O-K~eports; (Ui) handling legal matters I . . !. , arising from the ~ompany)s North Sea exploration activities; (iv) shareholder correspondence; (v) Jl/anaginglitigatii>n mattenl; a:od (~~ keeping the mi?ute books 1fthe ~o~y ~ its subsi~... ~lso worked on/legal matters ansmg from a hostile tender offer, Including acting as pnnclpal n~gotiator of a bap.{( financing underl)ing a self-tender offer and ~elping prepare the proxy statement for approval of ~e sale of the Company to Phillips Petroleum aompany. I. I I I ! I I February, 1982 - June, 1983 ! ~SSOciate Gene~al Counsel ; t Continental Leasing Corporation j : aU... Texas : I August, 1979 - January,l982 P/n,cipal rospo~bilities included structuring, negotiating and <;losing tax exempt equipment lease ~actions wi~ state agencies, cities and other political subdivisions. This included preparing r~sponses to Invitations to Bid and drafting, negotiating and prepkmg documehts for the lessees and investors involved in the transactions. j ! I , , ~ j i I I I first a Staff Atiomey and later General Counsel, principal duti~s included negotiating and closing c mputer equipment lease transactions with the lessees typicaDly being Fortune 500 companies, ajor banks and :insurance companies. Negotiations centered pn accomplishing the goals of the I sees, lenders, equity participants and trustees involved in the! transactions. I ' I! I . I I . I , : I sociate I ewelt Johnsooi Swuson & Barbee I alias, Tens ! I August, 1975 - June, 1977 I . I eneral practice 0f corporate law consisting primarily of represe~ting clients with respect to matters . volving: (i) .ne,otiation and drafting of contracts; (ii) acquisitions and mergers; (ill) corporate organizati~ns; {iv):form~on of new business entities; (v) S~C filings; and (vi) bank loans and 01 er financings.l Practice involved researc~ Ptemoranda and qpinions relating to issues involved i the above types of transactions. Special eXpertise was deve~ped in state troth-in-Iending laws d state usury laws. : ! . i I I I I I ' S ff Attorney, General Counsel tercapCorpo~tion lias, Texas ' July, 1977 - August, 1979 , e University of-Texas School of Law, Austin, Texas J.D. with honors (tPP 15%) · ii, , i' . eorgetown University, Washington, D.C. B.A. in Econo~cs (top 20%) I 1975 1970 ~ ., ; ~.