Item R02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/20/05 - KW
Division:
County Attorney's Office
Bulk Item: Yes --X- No
Department: County Attorney's Office
Staff Contact Person: John R. Collins
AGENDA ITEM WORDING:
Request for approval of First Amendment to Professional Services Contract between Monroe County
and Thomas D. Wright for legal services retroactive to March 1, 2005.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved contract with Thomas Wright on April 16, 2003, (Resolution No. 149-2003).
CONTRACT/AGREEMENT CHANGES:
Replaces Paragraph "3"ofthe Professional Services Contract amending the Contract to provide both a
flat monthly rate and an additional rate for services rendered which exceed two (2) full days in any
month. Provides an effective date retroactive to March 1, 2005 to cover anticipated legal services.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: TBD
BUDGETED: Yes -X- No
COST TO COUNTY: TBD
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No-X. AMOUNTPERMONTB_ Year
APPROVED BY: County A~ OMB/Purchasing _ Risk Management ~
DIVISION DIRECTOR APPROVAL: /1/1 Lb-~ (}.3 }03 J f
'"==I;'bHN R_ COLLINS, COUNTY ~TTORNEY
DOCUMENTATION:
Included X
Not Required_
DlsposmON:
AGENDA ITEM #
Revised 2/05
FIRST AMENDMENT TO PROFESSIONAL SERVICES CONTRACT
THIS AMENDMENT shall revise the Professional Services Contract datcd
December 18,2002 and January 16,2003, by and between Monroe County, a political
subdivision of the State of Florida, hereinafter COUNTY, whose address is Gato
Building, 1100 Simonton Street, Key West, FL 33040, and Thomas Wright. \vhose
address is P.O. Box 500309, Marathon, FL 33050-0309. hereinafter, ATTORNEY.
WITNESSETH:
WHEREAS, the COUNTY and ATTORNEY entered into a Professional Services
Contract on the dates set forth hereinabove and wish to amend the terms of the said
Contract;
NOW, THEREFORE, in consideration of the mutual promises contained in this
Contract, the parties agree as follows:
I. Paragraph "3" of the Professional Services Contract is hereby deleted in its
entirety and the following is substituted:
(a) "3. Hereinafter the COUNTY shall pay the ATTORNEY at tho;;
rate of TWO THOUSAND AND NOll 00 DOLLARS ($2,OOtLOO) per
month. The ATTORNEY shall make himself available from time to
time for such Hearings or Cases as may be necessary. In the event that
the necessary services under this Contract exceed two (2) full days in any
month (including preparation time) the ATTORNEY shall be entitled to
LAW on'ICES OF
THOMAS D. WRIGHT
CHARTERED
THOMAS D. WRIGHT
9711 OVERSEAS HIGHWAY
POST OFFICE BOX 500309
MARATHON, FLORIDA 33050-0309
TELEPHONE (305) 743-8 II 8
F'AX (305) 743-8198
F"LORIOA BAR BOARD
CERTIFIED REAL ESTATE. ATTO~N~Y
ADI"HTTED TO BARS OF:
FLORIDA
OHIO
E-MAIL twIaw@bellsouth.net
SENT VIA FACSIMILE: 292-3516 & U.S. Mail
February 25, 2005
Richard Collins, County Attorney
County Administration Office
P.O. Box 1026
Key West, FL 33041-1026
RE: Professional Services Contract Amendment
Our File: 05-052
Dear Richard:
I thought it would be best to go ahead and prepare the Amendment so we can get this
matter taken care of before my next Hearing. Please provide me with a fully executed
copy when it has been signed on behalf of the County.
As always, I thank you sincerely for your courtesy and cooperation.
Very truly ~..{ n. / ~
~ VF1-1'
Thomas D. Wright
TDW/nab
Enclosure
RECEIVED
FEB 2 8 2005
MONROE COUNTY ATTORNEY
RII....LU'nON "0.149 -2003
A RlSOLUTlON AMENDINEi RESOLUnON NO. ....2002, WHICH AUTHORIZED THE
APPOINTMENT OF ALTERNATE CODI ENFORCEMINT SPECIAl. MASTERS AND THE
COMPENSATION TMIMFORE
WHEREAS, the Board of County Commissioners adopted Resolution No. 586-2002, on
December 18, 2002, appointing Thomas Wright, Richard Fowler, and Brandon DiMando to serve as
alternate code enforcement special master; and
WHEREAS, Brandon DIMando has declined to serve as alternate code enforcement special
master; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that
Section 1.
Resolution No. 586.2002, is hereby amended to read as follows:
1. Thomas Wright .IIld Richard Fowler, aAtt Bra.uileR DIHaREle are appointed
alternate code enforcement special masters;
2. The County AdminJstrator is directed to appoint one of the alternate code
enforcement spedal masters to hear a particular case when Informed by the Director of Code
Enforcement that the code enforcement special master Dsslgned to thi!!lt particular case has
recused himself or herself;
3. The compensation for an alternate code enforcement special master shall be
set at $150.00 per hour, inclusive of travel time; and
4. The selection of these two alternate code enforcement SpeclBI masters shall not
preclude the Board from appointing an additional alternate should a qualified attorney
express a willingness to serve In this capacity and the Board deem It necessary to make such
appointment.
PASSeD AND ADOPTeD by the Board of County Commissioners of Monroe County. Aorida
at a regular meeting held on the 16th day of April, A.D., 2003.
Mayor Spehar
Mayor Pro Tem Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
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(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
Bya61J~. ~
Deputy Clerk
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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 Gato Building, 1100
Simonton Street, Key West, FL 33040, and THOMAS WRIGHT, whose address is P.O. Box
500309, Marathon, FL 33050-0309, hereafter ATTORNEY.
WITNESSETH:
WHEREAS, the COUNTY has adopted Section 6.3-3, Monroe County Code, that
authorized the prosecution of County Code violations before a special master instead of the
Code Enforcement Board;
WHEREAS, Section 6.3-3 requires that any person serving as a Code Enforcement
Special Master be approved by the Board of County Commissioners;
WHEREAS, the COUNlY desires to employ the above-named attorney to perform the
duties of an alternate Code Enforcement Special Master;
WHEREAS, the A TIORNEY represents that he or she has been a member of the
Florida Bar for more than 5 years, has experience in land use and local government law, and is
professionally competent to handle the duties of Code Enforcement Special Master;
WHEREAS, it has become necessary to appoint an Alternate Code Enforcement Special
Master due to the recusal of the primary Code Enforcement Special Master on certain cases;
NOW, THEREFORE, in consideration of the mutual promises contained in this
contract the parties agree as follows:
1. The Attorney understands that he or she is one of several alternate Code
Enforcement Special Masters approved by the Board of County Commissioners.
The Anomey further understands that the County Administrator, upon
notification of a recusal by the primary Code Enforcement Special Master, will
designate one alternate to serve on the cases which triggered. the recusal. If the
designated alternate Code Enforcement Special Master is unable to Of unwilling
to hear those cases, he or she will notify the County Administrator who will
select another alternate Code Enforcement Special Master.
2. The ATTORNEY shall conduct the hearings and issue the orders required by
Chapter 6.3, Monroe County Code and Florida Statues Chapter 162, in a timely
mannef on the assigned cases. All hearings must be held in County owned
facilities on regular business days during regular business hours. The
A TIORNEY shall coordinate the scheduling of hearings with the County's code
enforcement attorney. code enforcement director and when appropriate, the
persons cited as violators.
3. The COUNTY shall pay the ATTORNEY at a rate of $150.00 (ONE
HUNDRED FIFTY DOLLARS) per hour, including travel time, for services
rendered at the discretion of the County Administrator.
4. The A ITORNEY 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 ATIORNEY within 15 business days of the County Administrator's or his
designee's, receipt of the bill.
S. The ATTORNEY is employed as an alternate Code Enforcement Special Master
at the pleasure of the COUNTY'S Board of County Conunissioners. The Board
may terminate this contract by providing the ATTORNEY with 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 contact. The
COUNTY will remain obligated to pay the A TIORNEY for all services
performed -but unpaid - up to the date of the A TIORNEY'S receipt of the
notice or the effective date, which may be specified by the Board. which shall
not be less than 30 days unless mutually agreed to. in writing. between the
panies.
6. The ATTORNEY may terminate this contact by giving the COUNTY at least 30
days written notice. This notice requirement is for the COUNTY to have time
to appoint a different alternate Code Enforcement Special Master(s) and to
prevent the frustration of the right to due process of both the individuals cited
for violations and the COUNTY. The ATTORNEY must be paid for all
services performed - but unpaid - up to the effective date of his termination.
7. The ATTORNEY is one of several alternate Code Enforcement Special Masters.
The COUNTY intends that the A TIORNEY conduct County code violations
hearings that are assigned to this alternate special master by the County due to
conflicts of interest, scheduling conflicts or recusals of the primary special
master. The COUNTY will provide the A TIORNEY with at least 15 days
notice of any scheduled hearing.
8. The ATTORNEY warrants that he bas 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 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.
9. AU written notices required under this contact 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.
10. The tenn of this contract begins on the date of last signature.
11. In the event of litigation 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.
12. Per Fla. Statutes. Chapter 287.0582 all contracts which bind Monroe County for
the purchase of services or tangible personal property for a period in excess of
one (1) fiscal year must bave the following statement included in the contract:
"Monroe County's performance and obligation to pay under this contract, is
contingent upon an annual appropriation by the BOCC. "
13. Public Entity Crime Statemem. All invitations to bid, request for proposals and
any contract document shall contain a statement which reads as follows (Section
287.133 FS): "A person or affiliate who has been placed on the convicted
vendor list folJowing 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 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 consultant under a contract with any public entity in excess of
the threshold amount provided in Section 280.017 FS, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor
list.
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(SEAL)
Attest: DANNY L. KOLHAGE. CLERK
By~_~c: &...0~
Deputy Clerk ./
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FWRJA
BY~ >n ,~
The hIe Dixie M. pehar, Mayor
DATE
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Thomas Wright
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