Item B04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
October 19,2000
X No
Division: Growth Management
Department: Planning
AGENDA ITEM WORDING: Approval of contract between J. Jefferson Overby and Monroe County to provide
services as Hearing Officer for vested rights and beneficial use hearings for the Planning Department.
ITEM BACKGROUND: A contract is now needed to formalize the relationship between the County and Judge
Overby, as provided for in Section 2.1.1, Monroe County Code.
PREVIOUS RELEVANT BOARD ACTION: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: $8,000
BUDGETED: Yes X No
COST TO COUNTY: $8,000
AMOUNT PER MONTH PER YEAR
APPROVED BY: County Attorney X
OMB/Purchasing X
DIVISION DIRECTOR APPROVAL:
Timothy J. Me
Risk Management
X
ning & Environmental Resources
irector of Growth Management
DOCUMENTATION: Included
x.
Not required
Agenda Item #: ~
DISPOSITION:
MOl'l"ROE COUNTY BOARD OF COUNTY. ~,Of\{l\nSSIONERS
1:"....,- CONTRACT SUMMARY
Contract #
Contract witb: X Je..(fer.5OYl OVe(btj Effective Date:_/_/_
. Expiration Date: / /
Contract Purpose/Description:yOVILr, sr-.fifiCJfJ c1S rrdfill~ fffirer-
:fOr- ~1&nril~Y\t " .-(Or IJ'tLt'Q (9h~~. ~f'fAOJOL l!::R.,
Contract Manager: t./vbrerc ~ 2-532. ~r)lfQ'iff)v~ QQ.:s.
(Name) (Ext.) -:J(Depanment)
for BOCC meeting on 10.f I 9 I CO
Agenda Deadline: ~f Z. I CO
Total Dollar Value of Comract: $
Budgeted? Yes ~ No
Grant: $ -
County Match: $
CONTRACT COSTS
8/ o::D Current Year Portion: $ ~ b 0 ()
Account Codes: /48- >'~5!)O -S3~I./O-
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance. utilities, janitorial. salaries. etc.)
Division Director
CONTRACT REVIEW
Changes
Date In Needed Reviewer
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Date Out
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County Attorney
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Comments :
OMB Fonn ReVIsed 8/30/95 MCP t2
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 J. Jefferson
Overby, whose address is P.O. Box 126, Key West, Florida, 33041, hereafter ATTORNEY.
WITNESSETH:
WHEREAS, the COUNTY has adopted Sections 9.5-171 through 9.5-184, Monroe
County Code, that provide procedures for determination of vested rights and beneficial use
before a hearing officer;
WHEREAS, the COUNTY desires to employ an attorney to perform the duties of the
hearing officer in accordance with Section 2.1.1, Monroe County Code;
WHEREAS, the ATTORNEY represents that he is professionally competent to perform
the duties of the hearing officer;
NOW, THEREFORE, in consideration of the mutual promises contained in this contract
the parties agree as follows:
1. The ATTORNEY shall conduct the hearings and issue recommended orders
required by Article VI, Monroe County Code and Florida Statutes Chapter 163, in a timely
manner. All hearings must be held in County owned facilities on regular business days during
regular business hours. The ATTORNEY shall coordinate the scheduling of hearings with the
County's land use attorney and planning director.
2. The county shall pay the ATTORNEY up to a maximum of $8,000 in monthly
installments of $500 every month for conducting a monthly vested rights and beneficial use
hearing plus any additional hearings needed as a result of continuances from a scheduled
hearing. The payments due the ATTORNEY under this paragraph include all compensation for
preparation for and scheduling of the hearings, conducting the hearings, any phone
conversations in connection with the hearings, and the drafting of all necessary orders. No
payment is due under this paragraph for any month in which the ATTORNEY did not conduct
at least one hearing, however the ATTORNEY is entitled to compensation for any hearing
which was scheduled but which was canceled due to no fault of the ATTORNEY if cancellation
is less than ten business days.
3. If the application load reqUires additional hearings not involving any
continuances described in paragraph 2, then the County shall pay the ATTORNEY $500 for
each additional hearing. The additional payment(s) due the ATTORNEY under this paragraph
include all compensation for preparation and scheduling of the additional hearing(s),
conducting the additional hearing(s), any phone conversations in connection with the additional
hearing( s), and the drafting of all necessary orders.
4. The ATTORNEY must bill the County Administrator 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 15
business days of the Clerk's receipt of the bill.
5. The ATTORNEY is employed as a hearing officer 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 the Board's termination decision. Upon
receipt of the notice or upon any 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 services performed - but
unpaid - up to the date of the ATTORNEY's receipt of the notice or other effective date, which
may be specified by the Board.
6. The ATTORNEY may terminate this contract by giving the COUNTY at least
30 days written notice. This notice requirement is for the COUNTY to have time to employ
substitute special masters and to prevent the frustration of the right to due process of both the
individuals cited for violations and the COUNTY. The ATTORNEY must be paid for all
services performed - but unpaid - up to the effective date of his termination.
7. The ATTORNEY is the primary hearing officer. The COUNTY intends that the
A TTORNEY conduct all County vested rights and beneficial use hearings. However, in the
event of scheduling conflicts, vacation, illness, or other unavailability of the ATTORNEY, the
COUNTY reserves the right to employ other person as hearing officer.
8. 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.
9. All written notices required under this contract will 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.
10. The term of this contract begins on the date oflast signature.
11. 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.
12. Per Fla. Statutes, Chapter 287.0582 all contracts which bind Monroe County for
the purchase of services of tangible personal property for a period in excess of one (1) fiscal
year must have the following statement included in the contract. "Monroe County's
performance and obligation to pay under this contract, is contingent upon an annual
appropriation by the BOCC."
13. Public Entity Crime Statement. All invitations to bid, request for proposals and
any contract document shall contain a statement which reads as follows (Section 287.133 FS):
"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 contact 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
1. Jefferson Overby
DATE