Item T3
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: ApriI1? 2002
Division:
County Administrator
Bulk Item: Yes -X- No
Department: County Administrator
AGENDA ITEM WORDING:
Approval of Amendment to Consulting Contract with Robert F. Reyes and W. Douglas Moody ofthe
law firm of Mitchell & Reyes, Inc.
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, An Amendment was approved on February 21, 2001 with an expiration
date of January 14, 2002. This Amendment is to extend the expiration date to January 31,2003.
PREVIOUS REVELANT BOCC ACTION:
As stated above.
CONTRACT/AGREEMENT CHANGES:
Extending expiration date of Contract to January 31,2003. Updating firm name to Mitchell & Reyes,
Inc.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
$5.000/month
BUDGETED: Yes -2L No
COST TO COUNTY:
$5.000/month
REVENUE PRODUCING: Yes
Nol AMOUNTPERMONTH Year
DIVISION DIRECTOR APPROVAL:
-"
OMB/Purchasing~ Risk Management _X\..;S~\.....'
~
James L. Roberts
APPROVED BY: County Atty---X
DOCUMENTATION:
Included lL
To Follow
Not Required
DISPOSITION:
AGENDA ITEM # ~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Mitchell & Reyes, Inc, Contract #
Effective Date: 1/15/02
Expiration Date: 1/31/03
Contract Purpose/Description:
Amendment to Consulting Contract with Robert F. Reyes and W. Douglas Moody, Jr. of
the law firm of Mitchell & Reyes, Inc.
Contract Manager: Debbie Frederick 4741 County Administrator/Stop # 1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on April 17, 2002 Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 60,000
Budgeted? Y es~ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
001-00101-530-310-
- - -
----
- - -
----
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, ianitorial, salaries, etc,)
CONTRACT REVIEW
Changes ~
Date In Needed eVl r
Division Director 0/ _ ,--:. crL.- Y esD Nora------=______
Risk Management-+ 1;- ia'7- YesD NO~'r.J '
Q,M,B.lPurchasing 4 \<:;I02-YesD NoQ/
Date Qut
tl_ ,---~
County Attorney
YesDNoQ/
Comments:
OMS Fonn Revised 2/27/01 Mep #2
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I-~ID r.ULfU' r-IDI
Mitchell & Reye:,
Go\<enuafDIaI COlWlldaC
April 3, 2002
VIA FACSIl\flLE 305-292-4544
Mr. James L. Roberts
CoUllty Administrator
Historic GatO Building
1100 Simontc,n SU'CeI
Key West, Flurida 33040
Dear Jim;
The unde:signcd hereby request that the subject of a cllntraCt renewal for legislative and
adminismuiVt~ n:presentaUon on behalf of the Monroe County (:ommission be placed on the next
Monroe CoUllI)' Commission Agenda as a County AdminiSb'aIOr':; itml.
The only modification requested is to change the finn niwe on the contract to Mitchell &.
Reyes. 1m:.
I thanJ, you in advance for your kind consideration alIbis request.
Sincerely,
L-----~
w. Douglas Moody, Jr.
,------
21' So MOJ\lROt ..run, SLm-. 'r~~ PI. JUOI
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AMENDMENT TO CONSULTING CONTRACT
THIS contract amendment is entered into this
day of
, 2002, by
and between Monroe County, a political subdivision of the State of Florida, Gato Bldg., 1100
Simonton Street, Key West, FL 33040, and Mitchell & Reyes, Inc., successor in interest to Graham
& Moody, PA, 215 South Monroe Street, #600, 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
31, 2003. 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
(SEAL)
Attest:
MITCHELL & REYES, INC.
By
By
B ..
ROBERT N
DATE#'-~' t:J'Z
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AMENDMENT TO CONSUL TINS CONTRACT
THIS contract amendment is entered into this 2/A.C 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 Q consulting contract dated May 13, 1998, but which had an
effective date rnunc 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 ather respects, the original contract between the parties remains in full farce and
effect.
ESS WHEREOF, the parties hereto have set their hands and seals the day and
L KOLHAGE, CLERK
BOARD OF COUNlY COMMISSIONERS
JF MONROE COUNlY, FLORIDA
~~,e *~
Mayar/Otairman
GRAHAM & MOODY, P.A.
By,
/
By,
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CONSULTING CONTRACT
THIS CONTRACT entered into this /3-t ~ay of tf4 a V
.",
. 1998, by and between Monroe
County. a political subdivision of the State of Rorida, Public Service Building. 5100 College Road, Stock _
Island. Key West. Fl33040. hereinafter County. and Robert F. Reyes and W. Douglas Moody. Jr.. of the
law firm of Graham & Moody. 101 North Gadsden Street. TaUahassee. Fl32301. 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. Rorida Land and Water Adjudicatory Commission. the Department of Community Affairs.
and other agencies and tribunals which ere jjcrt of the state or federal govtm1ment.
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 tum over to the County any
wone 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 wRl be conied out in a competent end professional manner. Further. the Consultant must.
without additional compensation. promptly correct any errors, omissions. deficiencies or confficts in any
wone 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. 112061. Rorida 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
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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 parly's claim bearing an costs, fees, and
expenses of the defense. The County's failure to timefy notify the Consultant is a waiver of this warranty.
7. All data and documents produced or obtained in the course of canying out any work
requested by the County Administrator - and wm remain - the property of the County. and must be
delivered to the County Administrator before the County may malee 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 mcy 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 Attomey .
If any of these individuols leave the Consultant's employ, he or she must be promptly replaced
with 0 similarly qualified individual. The replacement Individual is also subject to the approvaJ 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 tasJcs 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 normaJ business hours. The Consultant must keep the
records for three years fotlewing the project.
11. The Consultant is an independent contractor. Nothing in this contract may aeate a
contractuat 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 wortc product will not in any way relieve the Consultant of its obligations under this contract,
even though the subcontractor was approved by the County.
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12. The Consultant acknowledges that aD records, data. and documents created as part of
, the project are public records under Chapter 119. Rorida 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. Rorida Statutes, with the County's obligation to pay extending only to worle
completed as of that date.
13. 8ther party may tenninate 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 failure to 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 worle product satisfactorily
completed (as 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.
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.010-1990. For breach or violation of this provision the County may. in its discretion. terminate this
contract without Iiabffity 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 wm not unlawfully discriminate against any of its employees
of applicants for employment because of their race, color. religion. sex. national origin or disabffitx. The
Consultant must insert a provision similar to this paragraph in any subcontrpcts 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 CoUege Road,
Stock Island
Key West, Fl33040
305/292-4641
Consultant:
Robert F. Reyes. Govt. Consultant
W. Douglas Moody, Jr.. Esq.
Graham & Moody
101 Gadsden Street
Tallahassee. Fl3230 1
904/222-6656
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, flORIDA
.,.
By
~-A (\~ V'(\. ~~
Witness
By
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