Item Q05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 18. 2002
Division:
County Administrator
Bulk Item: Yes..lL- 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 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. Amendments were approved in February of 2001 and April of 2002. The
current Amendment expires on January 31, 2003. This Amendment is to extend the expiration date to
January 31, 2004.
PREVIOUS RELEVANT BOCC ACTION:
As stated above.
CONTRACT/AGREEMENT CHANGES:
Extending expiration date of Contract to January 31, 2004 and updating the firm's address.
ST AFF RECOMMENDATIONS:
Approval.
TOTAL COST:
$5.000/month
BUDGETED: Yes..lL- No
COST TO COUNTY:
$5.000/month
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ----K- OMBlPurchasing-X-
Risk Management _X_
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James L. Roberts
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
(16
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARy
Contract with: Mitchell & Reyes, Inc. Contract #
Effective Date: 02/01/03
Expiration Date: 01/31/04
Contract Purpose/Description:
Amendment to Consulting ContnJct 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 12/18/02 Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 60,000 Current Year Portion: $
Budgeted? YesrgJ No 0 Account Codes: 001-00101-S3a3JO
Grant: $ _ _ _
--------
County Match: $ _-_-_-_
- - -
-------
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director "L -~ _ Gl..-
Changes ~
Needed ~ Rev' er
YesONo~
-
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YesO Nol:i:}" .Je flJl>..f.IH}Ju:; t
Risk Management /,j -(I-c,)--..
O.M.B.IPurchasing
County Attorney
Comments:
~
OMB Fonn Revised 2/27/01 MCP #2
Date Out
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AMENDMENT TO CONSUL TINt; CONTRACT
Mitchell cl Reyes, Inc.
THIS contract amendment is entered into this
day of
,2002, by
and between Monroe County, Q political subdivision of the State of Florida, Gato Bldg., 1100
Simonton Street, Key West, FL 33040, and Mitchell & Reyes, Inc., successor in interest to Groham
& Moody, PA, 305 South Gadsden Street, Tallahassee. FL 32301, and the parties mutually agree as
fallows:
The parties entered into Q consulting contract dated May 13. 1998, but which had an
effective date rnunc pro tunc") of JonuQry 14, 1998. A copy of that contract (the original
contract) is attached hereto. The original contrQct term is hereby modified to expire on January
31, 2004. In all other respects, the original contrQct between the parties remQins 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)
A rTEST: 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
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AMENDMENT TO CONSULnNS CONTRACT
1-1. L1.
THIS contract amendment is entered into this /7 aay of rr ;; r I' /
. 2002, by
and between Monroe County, a political subdivision of the State of Florida, Gato Bldg., 1100
Simonton Street, Key W~t, 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 Cnunc 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
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A T1csT~#A~iw r1 'KOLHAGE, CLERK
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By~:l:tr6. &.,~
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Deputy Clerk
BOARD OF COUNrt. COMMISSIONERS
: MONROE co~ flORIDA
Mayor/Chairman
(SEAL)
Attest:
By
MITCHElL & REYES, INC.
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I~;;:. Kay T. Crail
f.r~"\.! MYCOMMISSIONI can579 EXPIRES
:'\f6.t! February 26. 2005
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APPRO~D AS TO FORM
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ROBERT N
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CONSULTING CONTRACT
THIS CONTRACT entered into this .l::t tJ day of - -m ~ . 1998. by and between Monroe
County, a political subdivision of the State of Rorida. Public Service Building, 5100 College Road, Stock
Island, Key West. Fl3304Q, hereinafter County, and Robert F. Reyes and W. Douglas Moody, Jr., of the
law firm of Graham & Moody, 101 North Gadsden Street, Tallahassee, 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 incJuding the
legislature, Florida land and Water Adjudicatory Commission, the Department of Community Affairs.
and other agencies and tribunals which are part of the state or federal govemment.
2. The Consultant will be paid a monthly retainer of $5,000 payable in arrears. for the
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representation services described in paragraph one. Such services are to be per;~ ~m. erMhe
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supervision and direction of the County Administrator. ~~~ ;: ~
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3. If the County. in its discretion, fails to appropriate funds for this contraa;ffieiccftD\ty :Bust
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immediately notify the Consultant in writing. The Consultant must cease performinil~ll~rvfifes ~on
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receipt of the County's non appropriation letter. The Consultant must also tum 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. 112061, 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 cJaim 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 parfy's claim bearing all 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 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 quartfied 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 normat 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 parfy inclUding subcontractors or
materialmen of the Consultant. The Consultant's use of a sUbcontractor(sJ 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.
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12. The Consultant acknowledges that all records. data. and documents created as - part of
the project are public records under Chapter 119. Rorida Statutes. As a result. they must bEt 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 work
completed as of that date.
13. Bther party may terminate this contract because of the failure of the other party to
perform its obligations under the contract. If the County tenninates 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 work 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 sfrictly 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
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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 govemed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County. Rorida.
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 pcrcgraph in any subcontracts 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 Consultant:
Jim Roberts. County Administrator Robert F. Reyes. Govt. Consultant
Public Service Building W. Douglas Moody. Jr.. Esq.
5100 College Road. Gra~am & Moody
Stock Island 101 Gadsden Street
Key West. Fl33040 Tallahassee. Fl32301
305/292-4641 904/222-6656
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"r.~ .WHEREOF. the Parfies hereto have set their hands and seab the day and year firs1
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A . .~'OAblNY" L KOlHAGE. CLERK
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By~1-C.. ~---
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY. FLORIDA
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Witness
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By
By
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