Item P02
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21. 2001
Division:
County Administrator
Bulk Item: Yes -K- No
Department: County Administrator
AGENDA ITEM WORDING:
Approval of Amendment to Consulting Contract with Robert F. Reyes and W. Douglas Moody of the
law firm of Graham Moody & Sox.
ITEM BACKGROUND:
The current Contract was entered into in May of 1998, but which had an effective date ("nunc pro
tunc") of January 14, 1998. This Amendment includes an expiration date of January 14,2002.
PREVIOUS REVELANT BOCC ACTION:
As stated above.
ST AFF RECOMMENDATIONS:
Approval.
TOTAL COST:
$5.000/month
BUDGETED: Yes ~ No
COST TO COUNTY:
$5.000/month
REVENUE PRODUCING: Yes
Nol AMOUNT PER MONTH_ Year
APPROVED BY: County Atty-X.
OMB/Purchasing --X-
Risk Management _ X_
DIVISION DIRECTOR APPROVAL:
~~
~~" ~
James L. Roberts
DOCUMENTATION:
Included lL
To Follow Not Required
AGENDA ITEM # 1.I?Z-
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Graham Moody & Sox Effective Date:02/21/01
Expiration Date:O 1/14/02
Contract Purpose/Description:Amendment to Consulting Contract with Robert F. Reyes and W.
Douglas Moody of the law firm of Graham Moody & Sox to include an exoiration date.
Contract Manager:Debbie Frederick
(Name)
4741
(Ext. )
County Administrator's Office
(Department)
for BOCC meeting on 02/21/01
Agenda Deadline: 02/07/01
CONTRACT COSTS
Total Dollar Value of Contract: $55.000 Current Year Portion: $
Budgeted? Yescg] No D Account Codes: 00 I -o()/()/. - ~3C.;-:;1(j
Grant: $ _-_-_-_
County Match: $ _-_-_-_
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dolIar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed ~kwer
I-J.>I~I YesDNo[2r' -./__.x-.~
1\31\01 YesONog/rl. U~~---\;"j{"
(1)I}OIYesDNor::r~~^- () ~
YesONo8 ~IL.-t:;r- ~f'CI
Date Out
I-,).v:: et
Risk t0an~g ent
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O:tf'B./P asing
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County Attorney
Comments:
'.
OMS Form Revised 9/ll/95 MCP #2
AMENDMENT TO CONSUL TINS CONTRACT
THIS contract amendment is entered into this
day of February, 2001, by and
between Monroe County, a political subdivision of the State of Florida, Public Service Building,
5100 College Road, Stock Island, Key West, FL 33040, and Robert F. Reyes and W. Douglas Moody,
Jr., of the law firm of Graham & Moody, 101 North Gadsden Street, Tallahassee, FL 32301, and the
parties mutually agree as follows:
The parties entered into a consulting contract dated May 13, 1998, but which had an
effective date ("nunc pro tunc") of January 14, 1998. A copy of that contract (the original
contract) is attached hereto. The original contract term is hereby modified to expire on January
14, 2002. In all other respects, the original contract between the parties remains in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
GRAHAM & MOODY, P.A.
By
Witness
R.F.Reyes
By
Witness
W. Douglas Moody, Jr.
jdconlobby
. .
CONSULTING CONTRACT
THIS CONTRACT entered into this / 306 ~ay of ;vi a V
./
. 1998. by and between Monroe
County. a political subdivision of the State of Florida. Public Service Building. 5100 College Road. Stock .~
Island. Key West. FL 33040. hereinafter County. and Robert F. Reyes and W. Douglas Moody. Jr.. of the
law firm of Graham & Moody. 101 North Gadsden Street. Tallahassee. FL 32301. hereinafter Consultant.
1. The Consultant represents that it is professionally qualified to provide services for
representation of the County's interests before state and federal bodies. specifically including the
Legislature. Florida Land and Water Adjudicatory Commission. the Department of Community Affairs.
and other agencies and tribunals which ere ;:Jon of the state or federal gov~rnment.
2. The Consultant will be paid a monthly retainer of $5.000 payable in arrears. for the
representation services described in paragraph one. Such services are to be performed under the
supervision and direction of the County Administrator.
3. If the County. in its discretion. fails to appropriate funds for this contract. the County must
immediately notify the Consultant in writing. The Consultant must cease performing all services upon
receipt of the County's nonappropriation letter. The Consultant must also turn over to the County any
work product generated for the County pursuant to this contract. whether complete or not. The County
must then pay the Consultant the monthly fee. or proportional monthly fee if terminated during a
month. due at the time the Consultant received the nonappropriation notice.
4. The Consultant warrants that all services performed at the direction of the County
Administrator will be carried out in a competent and professional manner. Further. the Consultant must.
without additional compensation. promptly correct any errors. omissions. deficiencies or conflicts in any
work product created pursuant to this contract.
5. When approved by the County Administrator. reasonable monthly expenses incurred in
providing the services may also be paid in addition to the retainer. However. travel expenses may only
be paid to the extent authorized by Sec. 112.061. Florida Statutes.
6. The Consultant warrants that any work product created under this contract does not
infringe upon or violates the patent. copyright or trademark of any third person. If a claim of
infringement or violation is made by a third person against the County. the County must notify the
Consultant within ten business days of the date the County received the claim. The Consultant must
then indemnify and defend the County against the third party's claim bearing all costs. fees. and
expenses of the defense. The County's failure to timely notify the Consultant is a waiver of this warranty. ._
7. All data and documents produced or obtained in the course of carrying out any work
requested by the County Administrator - and will remain - the property of the County. and must be
delivered to the County Administrator before the County may make the final payment to the
Consultant for the work requested. The Consultant may retain copies of the documents and data
delivered to the County. but the copies must be prepared at the Consultant's expense.
8. The Consultant may only use qualified personnel to perform the services required of it
under the contract. At the time of the execution of this contract. the parties expect that the following
individuals will perform those services:
A. Robert F. Reyes
B. W. Douglas Moody. Jr.
C. Any other person approved by the County Administrator or the County Attorney.
If any of these individuals leave the Consultant's employ. he or she must be promptly replaced
with a similarly qualified individual. The replacement individual is also subject to the approval of the
County. Administrator. whose approval will not be unreasonably withheld.
9. The Consultant may not assign or subcontract its obligations under this contract without
the written consent of the County.
10. Records of the Consultant's direct personnel payroll and reimbursable expenses
pertaining to the project and project tasks and records of the accounts between the County and the
Consultant must be kept on a generally recognized accounting basis and must be available to the
County or its authorized representative during normal business hours. The Consultant must keep the
records for three years following the project.
11. The Consultant is an independent contractor. Nothing in this contract may create a
contractual relationship with. or any rights in favor of. any third party including subcontractors or
materialmen of the Consultant. The Consultant's use of a subcontractor(s) to perform any service or to
create any work product will not in any way relieve the Consultant of its obligations under this contract.
even though the subcontractor was approved by the County.
2
12. The Consultant acknowledges that all records. data. and documents created as part of
the project are public records under Chapter 119. Florida Statutes. As a result. they must be made
available at a reasonable place and time upon the request of a member of the public. Failure to do so
is a breach of this contract entitling the County to treat the contract as terminated on the date of the
violation of Chapter 119. Florida Statutes. with the County's obligation to pay extending only to work
completed os of that date.
13. Either party may terminate this contract because of the failure of the other party to
perform its obligations under the contract. If the County terminates this contract because of the
Consultant's failvre fo perform. then the County must pay the Consultant the monthly fees. or portion
thereof if terminated during a month. due for all services performed and work product satisfactorily
completed (os determined by the County Administrator) up to the date of the Consultant's failure to
perform but minus any damages. both direct and consequential. the county suffered as a result of the
Consultant's failure. The damage amount must be reduced by the amount saved by the County as a
result of the contract termination. The Consultant is liable for any additional amount necessary to
compensate the County if the amount due the Consultant is insufficient to compensate the County for
the damages suffered.
14. This contract has been carefully reviewed by both the Consultant and the County.
Therefore. this contract is not to be strictly construed against any party on the basis of authorship.
15. This contract represents the parties' final and mutual understanding. It replaces any
earlier agreements or understandings. whether written or oral. This contract cannot be modified or
replaced except by another signed contract.
16. Nothing in this contract should be read as modifying the applicable statute of limitations.
The waiver of the breach of any obligation of this contract does not waive another breach of that or
any other obligation.
17. The Consultant warrants that he/it has not employed. retained or otherwise had act on
his/its 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.
3
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. or
otherwise recover, the full amount of any fee. commission. percentage. gift. or consideration paid to...
the former County officer or employee.
18. This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County. Florida.
19. The Consultant agrees that it will not unlawfully discriminate against any of its employees
of applicants for employment because of their race, color. religion. sex. national origin or disability. The
Consultant must insert a provision similar to this paragraph in any subcontrocts awarded under this
contract except those for the purchase of commercial supplies and raw materials.
20. All communication between the parties should be through the following individuals:
Monroe County
Jim Roberts. County Administrator
Public Service Building
5100 College Road.
Stock Island
Key West. FL 33040
305/292-4641
Consultant:
Robert F. Reyes. Govt. Consultant
W. Douglas Moody. Jr., Esq.
Graham & Moody
101 Gadsden Street
Tallahassee. FL 32301
904/222-6656
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
~
By
G-A. ~Q) VY\. '2erdQl!
Witness
By
;conivlobby
4
GRAHAM MOODY & SOX
ATTORNEYS AT LAW
WIU.JAM B. GRAHAM
w. DOUGLAS MOODY, JR.
RICHARD N. SOX, JR.
Certain Attorneys Also
Admitted in Geol1lia
and T eDS
ROBERT F. REYES.
GOVERNMENTAL CONSULTANT
"NOT A MEMBER OF THE FWRIDA BAR
JAMES B. REDNER, OF COUNSEL
January 8, 2001
Mr. James Roberts
Administrator
Monroe County Florida
5100 College Road
Stock Island
Key West, FL 33040
Dear Jim:
Please accept this letter as a request to renew our Consulting Contract with Monroe
County for an additional year. We have attached a copy of the original contract and the
amendment to consulting contract for your convenience.
Thank you and please call us if you need any additional information. ----
Sincerely,
~(
/~~ReyeS
RECEIVED
Post Office Box :U74, Tal18husee, FlorIda 32316-1174
115 South Monroe Street, Suite 600, TaJ18luwee. Florida 32301
(850) 111-1107' Fu (850) 111-7878" E-maH: dmoody@mcfarlaln.coll'l
www.lawyen.comIlnhammoody&lOx !
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