FY2022-2025 10/1/2021 to 09/30/2025 cc:a4 Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: August 12, 2021
TO: Michelle Yzenas
Planning& Environmental
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21n BOCC Meeting
Attached, for your handling, is an electronic copy of K13, Professional Services Contract
with Thomas D. Wright to continue to serve as legal counsel for the Contractors' Examining
Board and to include services to the Planning Commission.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Horida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 3301
305-294-4641 305-289-6027 305-852-7145 305-852-7145
PROFESSIONAL SERVICES CONTRACT
.............
21 st July
TINS CONTRACT is made and entered into this 28P1 day of June, 2021, by and between the
Board of County Commissioners,of Monroe County, a political subdivision of the State of
Florida, Ihiereafter COUNTY, whose address, is Gato Buflidling, 110:0,Simonton Street, Key West, EL
33040, and THOMAS D. WRIGHT,whose address is PD. Box 500309, Marathon, FL,, 330,510-0309,
hereafter ATTORNEY.
WITNES SET H:
WHEREAS, Chapter 6,Article III, IMonrole County Code, authorize the Contractors
Examining Board (CEB) to conduct hearing to determine if contractors licenses,or certificates of
competency should be suspended or revoked, or state certified contractors should have their
permitting,privileges suspended or revoked for violations of Chapter 6, and
WHEREAS, the CEB has traditionally been provided legal counsel for their quasi-judicial
hearings but the County staff has had to provide the full extent of prosecution of the state
cases without legal counsel to assist in presenting their cases; and
WHEREAS,the COUNTY deems it in the best interest of the residents and property
of in Monroe County to provide an: attorney for both prosecutorial purposes and advice to
the CEB; and
WHEREAS,there is a conflict of iinterest for members of the County Attorney's Office,to
serve in both, capacities; and
WHEREAS, it is deemed most efficient to have the prosecutorial, attorney be the
attorney assigned to prosecute cases before the Code Eniforcemienit Special hearing magistrate
as the CEB,cases generally overlap those of Code Enforcement and for the attorney advising the
CEB to be a contracted attorney with experience in handling administrative hearings;
NiOW,THEREFORE, in consideration of the mutual promiises contained in this contract
the plartiies agree as follows:
1. The ATTORNEY shall serve as legal counsel to the Contractors Examining Board.The
Attorney further understands that the County will contract for one alternate to serve on
dates when there are scheduled cases which require the At�torn,ey's, recusall and for
dates on which there are scheduling conflicts, although Attorney is expected,to,the
greatest degree possible,to avoid such scheduling conflicts.
1 Scope of Services. The ATTORNEY shall advise the CEB on procedures for the conduct Of
the hearings and substantive legal matters, pertaining to the hearings, including but not
limited to interpretations of Code and statutory provisions applicable to the hearings, as
well as such administrative questions as may arise.
I
A. Amend M� oniiroe County Code Section 6-2 7 to change the code
requirements for CEB meeting,dates as determined by the Assistant County
Administrator and the County Attorney; and
B, Draft rules and Procedures for the CEB, in consultation with,the Assistant
County Administrator and the County Attorney; and
C Amend Monroe County Code Section; 6-270 to clairify the language regarding
repeat violations and amend any related statutes to eliminate any
contradictions; and
D. Amend Section 6-56 to clarify the duties, responsibilities, and: membership of
the Construction Bioa,rd of Adjustment and Appeals;
E. Amend Monroe County Code section from time to time as called upon to do
so in; consultation with the Assistant County Administrator and the County
Attorney; and
F. Provide legal research related to the CEB and the Construction Board of
Adjustment and,Appeals, from,time,to time as calliedi, upon to do so in
consultation with, the Assistant County Administrator and County Attorney.
G Provide services on an as needed basis in the event that counsel for the
Monroe County Planning Commission is unavailable due to vacation or other
unanticipated absence.
The ATTORNEY shall provide the Assistant County Administrator with at Ileast three (3) day's
notice prior to a hearing if it should become inecessary to recuse himself from a matter or if he
otherwise has any schieduiling conflict, requiring that an alternate attorney be provided to the
CEB, The ATTORNEY understands that the County Attorney's Office will continue to provide the
CEB with ordinance drafting services, and that from time to time, the CEB may schedule a
poirtion of a meetinig,for consultation on such matters, The ATTORNEY may Participate in such
discussions although the primary purpose of this,Agreement is to provide outside counsel for
the conduct of quasi-judicial hearings.
3, Compensation,The COUNTY shall pay the ATTORNEY at a rate of One Thousand Five
Hundred Dollars ($1,500,00) per meeting of the CEB, at which ATTORNEY provides
counsel, If a meeting is continued for a second day, ATTORNEY shall be paid at the rate
of one Hundred Fifty Dollars ($150.00) per hour for additional time.
2
In addition to the compensation, for hearings, when the Attorney is requested to perform
other responsibilities as set forth in this agreement, the Attorney shall be paid at the rate of
One Hundred Fifty Dollars ($150.00) per h!ouir for the le gall tirne spent piroviding such services.
The maximum amount of compensation for the hourly rate shall be limited to and shall not
exceed Twenty Five Thousand Dollars ($25,000.00) in any calendar year. It is the responsibility
of the Attorney not to exceed this amiounit. Attorney agrees that he is not authorized to exceed
that amount and will not be compensated for hours worked in excess of that amount without
prior approval of the Board of County Commissioners.
4 Billing. The ATTORNEY shall submit a:, payment request iin the form of an invoice to the
Assistant Count y Administrator on or before the tenth of each month for the services
performed during the previous month; late submission of the invoice may cause clielay in
payment of the invoice. The bill must list the date of service, the service performed, and
the amount of time expended on the service divided into tenths of an hour, with such
specificity that the service can be understood by the clerk and shall provide any back-up
documentation if required by the clerk and shall conform to all statutory requirement
anid all requirements specified by the local government entity to which:the bill is
submitted. The bill must in a form satisfactory to the Cou�nity Clerk who is responsible for
review of invoices prior to payment. This contract is subject to the Local Government
Prompt Payment Act, Florida Statue Chapter 218, Paragraph VII,
5, Termination by County. The ATTORNEY serves at the pleasure of the COUNTY' Board of
County Commissioners. The Board may terminate this contract Ibly providing the
ATTOR NEY with, 30,days written notice of termination. Upon receipt of'the notice or
upon ainy later effective termination date described in the notice, the ATTORNEY must
immediately cease performing any further services under this contact, The COUNTY will
remain obligated to plaiy the ATTORNEY for all services performed-but unpaid-up to the
date of the ATTORNEY' receipt of the notice or the effective date, whiich, may be
specified by the Board, which shall not be less than 30 days unless Mutually agreed to, in
writing" between the parties.
C. 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
or Ordinance No.010-1990 or any County officer or employee in violation of Section 3
or Ord I nance No. 0101-1990, For breach or violation of this provision th,e COUNTY may, iin
its discretion,terminate this,contract without liability and miay also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of
any fees commission, percentage, gift,or consideration: paid to the former County
officer or employee.
3
7, The COUNTY will provide the ATTORNEY with at least fifteen, (15) days' notice of ainy
scheduled hearing, and at least five (5) days' notice of the persons scheduled to appear
before the CEB for disciplinary hearings,
& Term of Agreement. The term of this,Agreemient begins on October 1, 2021 aind
terminates four (4) years thereafter, unless earlier terminated in accordance with the
terms of this agreement,
9, Termination by Attorney, The ATTORNEY may terminate his contract by giving the
COUNTY'at least thirty(301) days' written notice.The ATTOIMEY shall be paid for all
services performed-bust u n paid- u p to the effective date of his termination.
10, Notice, All written notices of intent to terminate will be considered to have been
delivered and received if hand delivered or sent by certified US Mail or a nationally
recognized courier service to the addresses first written above. All written notices of
scheduling of meeting, conflicts and recusals shall be delivered by hiand, through US
mail,, or through e-imad, Notices, shall be provided to the following:
FOR COUNTY:
Assistant Cloulnity Administrator and County Attorney
2798 Overseas Highway, Ste. 400 11111211 Street, Suiite 408
Marathon, FL 050 Key West, FL 330,40
OR ATTORNEY
9711 Overseas Highway
Marathon, FL 33050
11. Attoriney"s Fees. Venue, Applicable Law. lin the event of litigation to enforce payment or
ainiy of the terms of the agreement, the prevaiding,party shall be entitled to receive
reasonable attorneys fees, including appellate attorneys fees, if necessary, This
Agreement shall be governed by and construed in accordance,with the legal action
which may arise out of or under this agreement shall be in, Monroe County, Florida
12. 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
olin a conitract to provide any goods or services to a, public entity,, may root submit a bid
on a contract with a public entity for the construction or repair of a public building or
pu bl ic work, may not submit bids on leases of real property to a public entity, maws not
be awarded or perform:, work as a contractor, supplier, subcontractor, or consultant
under a, contract with any pubfic entity in excess of the threshoild amouinit provided in
4
Section 280.0117, F.,S,./for CATEGORY TWO for a, Iperiod of thirty six (316) months from the
date of being pllaced on the convicted vendor list.
13. Entire Agreement. The entire agreement between the COUNTY and ATTORNEY with
respect to thie subject matter hiereof is contained in this,Agreement supersedes all prior
oral and written proposals and communications between the COUNTY and ATTORNEY
related to this Agreement. No provision of this Agreement shall be deemed waived,
amended or modified by either party unless such waiver, amendment or modification is
clainned. This Agreement shall) be binding upon and inure to the benefit of the parties
hereto; their permitted successors and assigns,.
14. Florida Go:vernm ent- In-The- Sunshine Law. ATTORNEY agrees that, unless specifically
exempted or excepted by Florida law, the provisions of Chapter 286, Florida Statutes,
generally require full and public discussion of matters to be voted upon by the
Contractors Examining Board, ATTORNEY agrees to consult with the COUNTY
ATTOiRNEY'S,office concerning the application of the Sunshine Law from time to,time
concerning specific circumstances that may arise during,the term of this Agreement,
15, Florida Public Records Law. ATTORNEY agrees that, unless specifically exempted or
excepted by Florida law or Rules aind Regulations of The Florida Bar; the provisions of
Chapter 119, Florida Statutes, generaHy require pubik access to all records and'
documents which may be made or received under this Agreement. ATTORNEY agrees to
consult with the County Attorneys office concerning the application of the Public
Records Law from time to time concerning specific circumstances that maws arise cliuring
the te r m of this Agreement.
16, No Assignments. ATTORNEY shall not assign or subcontract its obligations under this
agreement, except iin writing and with the prior written approval of the Board Of County
Commissioners of Monroe County, whii�ch approval shalll be subject to such conditions
and provisions as the Board may deem necessary. This paragraph shall be incorporated
by reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provision s of this,Agreement. U niess expressly provided for
therein, such approval shall iin no manner or event be deemed to impose ainy additional
obligation upon the Board,
17. Severability. if a term, covenant, condition,or provision of this Agreement shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction,
the remaining terms covenant, conditions and provision of this Agreement shall not be
affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valicl and shall be enforceable to,the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants, conditions and provision of
-5
thiis Agreement would (prevent the accomplishment of the oirig,inial intent of this
Agreement, The COUNTY and ATTORNEY agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision,
I& Captions, The captions set forth herein are for convenience of reference only and shall'
not define, modify,or limit any of the terms hereof.
M Legall bligations And Responsibilities; Non DeIlegation, Of Constitutional Oir Staitutory
Duties, This Agreement is not intended to relieve, nor shall it be construed as, relieving,
either the COUNTY or ATTORNEY from any obligation or responsibility imposed upon
each by law except to the extent of actual:, and timely performance thereof by the other;
in which case the performance may be offered in satisfaction of the obligation or
responsibility . Further,this Agreement is not Intended to authorize, nor shall it be
construed as authorizing, the delegation of the constitutional or statutory duties of the
COUNTY, except to the extent permitted by the Florida Constitution, state statutes, case
llaw, and, specifically,the provisions of Chapter 125, Florida Statutes,
20. Records, ATTORNEY shall maintain all books, records,, and documents directly pertinent
to performance, under this Agreement, including,the documents referred to in thiis
Agreement, in accordance with generally accepted accounting principles, consistently
applied. Upon ten (10) business days written notice to the other, representatives of
either the COUNTY or ATTORNEY shall have access, at all reasonable times, to all the
other party's books, records, correspondence, instructions, receipts, vouchers, and
mlemoranda(excluding computer s,olftware), pertaining,to work Under this Agreement for
the purpose of conducting,a complete independent fiscal audit. ATTORNEY shall retain
all records required to be kept under this Agreement for, a minimum of five years, and
for at least four (4) years,after the terimination of this, agreement, ATTORNEY shall keep
such records, as are necessary to,document the performance of the agreement and
expenses as incurred, and give access to these records at the request of the COUNTY,
the State of Florida or authorized agents and representatives of said governmental
bodies. It is the responsibility of ATTORNEY to maintain appropriate records to insure a
proper accounting of all collections,and remittances. ATTORNIEY shall be responsible for
repayment of any and all audit exceptions which are, identified by the Auditor General
for the State of Florida, the, Clerk of Cou:rt for Monroe County,the Board of County
Commissioners for INw onroe Couinity or their agents andl repres,entaitiives,.
21. Public Access, The COUNTY and ATTORNEY shall allow and permit reasonable access to
and inspection of, all documents, papers, letters, or other materials subject to the,
Florida, Public Records Law, as provided in Chapter 119, Flo6da Statutes, andl made oir
received, by the them, unless specifically exemipted by State Statute, Rules and
6
Regulations of The Florida Bar, or wise law, COUNTY shall have the right to cancel this
agreement upon violation, of this provision by ATTORNEY.
22. Anti-Kickback, ATTORNEY warrants that no person has been employed or retained to
solicit or secure this Agreement upon any contract or understanding,for a commission,
percentage, brokerage or contingent fee, and that no employee or officer of the
COUNTY has any interest, financially or otherwis,e, in this Agreement, except as
expressly stated herein, For breach or violation of this w�arr,ainity, the COUNTY shall have
the right to annul this agreement without liability or, in its,discretion,to deduct any
surns to be paid by COUNTY under this Agreement, or otherwise recover,the full
amount of such, cornmission, percentage, brokerage or contingent fee.,
23. Modifications and Amendments,.This.Agreement may not be imodif ieid in any way
without the express,written consent of both parties. Any and all modifications and
Arnendments of the terrns of this Agreement shall be in writing and executed by the
Board of County,Commissioners for Monroe County and by ATTORNEY in the same
miainner is this Agreement.
24. Independent Contractor. At al1l times and'for all purposes hereunder, ATTORNEY is an
independent contractor and not an employee of the Board of County Cornmissioneirs,of
Monroe County. No statement contained in this,Agreement shall be construed so as to,
find ATTORNEY or any of the authorized time keepers to be the employees of the Boa,rd
of County Commissioners of Monroe County, and they shall, be entitled to none of the
rights, privileges or benefits of employees of Monroe County,
25. Compliance with Law,, In carrying out ATTORNEY's obligations under this agreement,
ATTORNEY shall abide by all statutes, ordinances, rules and regulations, pertaining to or
regulating the provisions of this Agreement, including those now in, effect and hereafter
adopted.Any violation of saild statutes, ordinances, rules and regulations shall
consfitute a, imateriiail breach of this Agreement and shall entitle COUNTY to terminate
this,Agreement immediately upon delivery of written notice of termination to
ATTORNEY.
26. Licensing. ATTORNEY warrants that ATTORNEY presently has, and at all times during said
work, a I I required I ic enis es, whether federal, state; County or City,
27'. Non-Reliance By Non-Parties, No persolin or entity shall be entitled to rely upon the
termis, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or prograrn contemplated
hereunder, and the COUNTY and ATTORNEY agree that neither the COUNTY nor
ATTO,RN EY or any officer, agent, or employee,of each shall have the authority to ilinform,
2
counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefit under this Agreement separate and
apart, inferior to,or superior to be community in general or for the purposes
contemplated under this Agreement.
28.Attestations.ATTORNEY agrees to execute such documents as the COUNTY may
reasonably require, including a Drug-Free Workplace Statement, and a Public Entity
Crime Statement.
29. County Authority.This Agreement has been duly noticed at a legally held public meeting
conducted in Monroe County, Florida.COUNTY's performance and obligation to pay
under this contract, is contingent upon annual appropriation by the Board of County
Commissioners.
30. Hold Harmless and Insurance. Prior to execution of this agreement,ATTORNEY shall
furnish COUNTY Certificates of Insurance indicating the minimum professional liability
coverage for ATTORNEY.ATTORNEY agrees to keep the same amount of coverage or
more at all times and to provide proof of said coverage to COUNTY at COUNTY'S request
at any time during the term of the Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and
date first written above.
,
Board of County Commissioners
4 ,4),
u o
Of Monroe County
By.a
Michelle Caldron, Mayor
Attest: - -
Kevin Madok,Clerk
-q =2
By: < , v . LIS
As De ty Clerk
Thomas Wright: �� .a
Signature
OE COCNry AiruxNEY
8 Ae xo AsmR xne
SCULL
ASSISTANT COUNTY ATTORNEY
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that;
(Name of Business)
1„ Publish a statement notifying employees that the unlawful anufa ure, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
1 Inform employees about the dangers of drug abuse in the workplace, thebusiness' policy
of maintainingdrug-free workplace, any available drug counseling, rehabilitation, an
employee assistance programs, and the penalties that may be imposed upon employees
r drug abuse violations,
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statementspecified in subsection (1).
m In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
bide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo con en ere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five(5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6° Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this sections
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
_... .._.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed an swam o
ire me, by ens of physical presence or online
�
notarization, on
( mr _. (date)
,F a s e d). ��
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known to me or hasP , lly
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identificatii,"ri)as identification, -
NOT Y"P„ IC .,
y Commission Expires: �w�°°��....
o;ffia Notary pubiic-State of Mosida
ComrniWon#GG 964736
my Camrra°Expires Jun 26,2024
Banded through National Notary AIM
"A person or affiliate who has been placed on the convicted vendor list following a convicuon 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 contract 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 CONTRACTOR
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO fora period
of 36 months from the date of being placed on the convicted vendor list
I have read the above and state that neither (Respondent's name)
nor any Affiliate has been placed on the convicted vendor°list'within the last 36 months.
(Signature) . �.�.
STATE OF: ;COUNTY OR,
Subscribed and sworn to (or a irrn ) before me, by means of 9 physical presence or 0 online
mw
notarization o ..�i (date)
.� .�(na e of Waffiant, '��.
by_. he is personally known
to identifi tion.. °
me or has produced (type of }.° as
identification, t
,TA PUBLIC
Icy Commission Expires:
SUSANµ°LOVLEY
y Notary PU51ic State of Florida
Comrr4siOn#CC 964736
`°°.., .,•°° M�CoNarvr°ip6rss Jun 26,2024
�ridec thr4%;gh National Notary Assn,