Item L05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2003
Bulk Item: Yes X No
Division: Growth Management
Department: N/ A
AGENDA ITEM WORDING: Approval of a professional services contract with John J. Wolfe, P.A. for the provision
of legal services to the Growth Management Division in legal sufficiency review of draft resolutions, ordinances, and
other legal instruments related to administration of Chapter 9.5, Monroe County Code.
ITEM BACKGROUND: The law finn of Morgan and Hendrick is under contract with the County to provide Land Use-
Growth Management representation for the Growth Management Division. However, the increased level of litigation
activity for the County handled by that finn has made it difficult to expeditiously accommodate the Division for routine,
but very necessary legal assistance, such as review for legal sufficiency of draft resolutions and ordinances and approval
of warranty deeds, restrictive covenants and other legal instruments. The law finn of Morgan and Hendrick will still
represent the Growth Management Division staff at Planning Commission meetings when necessary to avoid a conflict
of interest.
Therefore with the approval of John R. Collins, County Attorney, the Growth Management Division has reached
agreement with John Wolfe to provide these services to the Growth Management Division. The draft professional
services agreement with John Wolfe, who already serves as Legal Counsel to the Planning Commission and as a Special
Hearing Officer, calls for an upset limit of $16,000 and a billing rate of $250 per hour, excluding any expenses. Any
direct expenses to Mr. Wolfe, which are expected to be very nominal, are covered by his hourly fee rate.
The contract is intended to run though September 30,2003. Based on billing rate and upset limit, it is expected that Mr.
Wolfe would provide on the average about 10 hours of services to the Division each month.
The Growth Management Division intends to fully review its need for outside legal in coordination with the County
Attorney's office during the preparation ofFY 2004 Budget. Therefore, the proposed contract runs only through the end
of this fiscal year.
PREVIOUS RELEVANT BOARD ACTION: On September 18,2002, the BOCC approved contract with law finn of
Morgan and Hendrick to provide Land Use and Growth Management representation thought this fiscal year.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST:
$16,000
BUDGETED: Yes X
No
COST TO COUNTY:
$16,000
SOURCE OF FUNDS:
148 Fund
REVENUE PRODUCING:Yes N/A No_ AMOUNT PER MONTH N/AYEAR
APPROVED BY: County Attorney
x
OMB/Purchasing X
Risk Management X
DIVISION DIRECTOR APPROVAL:
A1CP
DOCUMENTATION: Included
x
To follow
Not Required
DISPOSITION:
AGENDA ITEM #:
/-d-
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: John J. Wolfe, P.A. Contract #
Effective Date: 03/01/03
Expiration Date: 09/30/03
Contract Purpose/Description:
Provide legal service to the Monroe County Growth Management Division on issues
related to land use planning and the administration of development codes.
,
Contract Manager: Tim McGarry 2519 Growth Management # 11
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on Feb. 19,2003 Agenda Deadline: February 3, 2002
CONTRACT COSTS
Total Dollar Value of Contract: $ 16,000.00
Budgeted? Yesrg] No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 16,000.00
148-51000-530-318-
----
----
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $O.OO/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
County Attorney d /"' / t 3 Y esD N~'_ _
Comments: dYfJlJ' fl.lH;/LJ~./ ~ (;;O~~/dVoz,
OMB Form Revised 2/27/01 Mep #2
Date Out
Feb 06 03 10:148
Growth Mr;t
(305)289-2854
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
p.2
CONTRACT SUMMARY
Contract with: John 1. Wolfe, P.A. Contract #
Effective Date: 03/01/03
Expiration Date: 09/30/03
Contract Purpose/Description:
Provide legal service to the Monroe County Growth Management Division on issues
related to land use planning and the administration of development codes,
I
I
Contract Manager: Tim McGarry 2519 Growth Management # 11
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on Feb. 19,2003 Agenda Deadline: February 3, 2002
CONTRACT COSTS
Total Dollar Value of Contract $ 16,000.00
Budgeted? Yesl:8J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 16,000.00
148-51000-530-318-
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $O.OO/yr For:
(Not included ill dollar value above) (eg. maintenance, utilities,janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
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 1100 Simonton Street, Key
West, FL 33040, and John J. Wolfe, P.A. whose address, is 2955 Overseas Highway, Marathon,
Florida, 33050, hereafter ATTORNEY.
WITNESSETH:
WHEREAS, the COUNTY desires to employ an attorney to provide legal services to the
Monroe County Growth Management Division in carrying out its duties and responsibilities under
Chapters 163 and 380, Florida Statutes, and Chapter 9.5, Monroe County Code; and,
WHEREAS, the ATTORNEY represents that he is professionally competent to provide legal
services to the Monroe County Growth Management Division,
NOW, THEREFORE, in consideration ofthe mutual promises contained in this contract the
parties agree as follows:
1. Upon specific request of the Growth Management Division Director or his designee,
the ATTORNEY shall provide legal services to the Growth Management Division in
the following areas: review and approval for legal sufficiency of draft ordinances and
resolutions prepared by the staff for consideration by the COUNTY'S Board of County
Commissioners; review and approval for legal sufficiency of warranty deeds,
restrictive covenants, and other legal instruments required in the administration of
Chapter 9.5 of the Monroe County Code; and, advise the Growth Management
Division on legal issues related to land use planning and the administration of
development codes.
J :\DOCUMENT\CONSUL T\gmdwolfecont.doc
Page 1 of 4
2. The COUNTY shall pay the ATTORNEY up to a maximum of sixteen thousand
dollars ($16,000) through September 30,2003. The fees for the ATTORNEY shall be
billed at $250 per hour.
3. 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
I
within fifteen (15) business days of the County Administrator's or his designee's,
receipt of the bill.
4. The ATTORNEY is employed at the pleasure of the COUNTY'S Board of County
Commissioners. The Board may terminate this contract by providing the ATTORNEY
with thirty (30) days 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, which shall not be less than
thirty (30) days unless mutually agreed to, in writing, between the parties.
5. 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.
6. 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
J:\DOCUMENT\CONSUL T\grndwolfecont.doc
Page 2 of4
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.
I
7. All written notices required under this contract shall be considered to have been
delivered and received ifhand delivered or sent by certified U.S. Mail or a nationally
recognized courier service to the addresses first written above.
8. The term of this contract begins on the date oflast signature..
9. In the event oflitigation 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.
10. 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 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 CATERGORY TWO for a period of36 months from the date
of being placed on the convicted vendor list.
J :\DOCUMEN1iCONSUL T\gmdwolfecont.doc
Page 3 of4
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
DATE
Witnesses
DATE
J :\DOCUMENT\CONSUL T\gmdwolfecont.doc
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
John Wolfe
Page 4 of4