Item P06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 05/18/2005
Bulk Item: Yes No ~
Division: BOCC
Department: DISTRICT FIVE
Staff Contact Person: Donna Hanson
AGENDA ITEM WORDING: Approval to hire the Seibert Law Firm of Tallahassee, FL to
represent Monroe County at the state and local level to further the ability of the county to create
workforce housing units.
ITEM BACKGROUND: It is anticipated that the rule challenge will soon be determined. It is
critical to have methods to create workforce housing in place when this ruling comes down from
Tallahassee. The Seibert Law Firm will provide community consensus and governmental
concurrence on workforce housing in Monroe County. As this is a regional issue, all parties in
Monroe County need to be involved.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
unknown at this time
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _ UMBlPurchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL: /}:~~~.; E~~~S~~'~
DOCUMENT A TION:
I neluded X
Not Required_
DISPOSITION:
AGENDA ITEM #
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0-" COMMISSIONER
'.:;\ MURAA'tt.NB.SON
V&" ~
II
TO:
Co:o:unissioner Murray Nelson
PHONE It: 305~852.7175
FAX #: 305--552.7162
FROM: Robert C. RE:id/Steve Seibert
DATE:
May 10,2005
Number of Pages (induding cover):
23
CLIENT #: 3832.00
RE: Monroe County, Florida (Workfo!'Ce Housing Advocate)
Comments
Message:
Please see aHaLhed.letter, resumes And sample Retainer Agreement for your
review. Thank you.
201 South MonI'Ot Street. Suite 500 . Tlillahassee. Florid<!. 32301 .850-22.2-8611 . Fax: 850..222..-8%9 . wWW,\:'>mo10lw,corn
TALLAHASSEE. TAMPA. ORlANDO. MIAMI. ATLANTA. TACKSONVILLE
~
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To:
COmmissioner Murr' , ;
.\[onroe (' ay ?\elson
-. . -aUnty, FlOrida
)O() n'hJtehead S
Kev r ..' treet
. . \\ est, Flonda .13040
Dear Cammi",. ".
~:::.lOner l\elson
,
It \Vas . ~.
, my .'>mcere pleasure to meet " , . .
chalJenges Monroe Countv f:a . \.\ llh ?'OU m J aIlahassee and di -, ., h
C- '. . ces m ProvJd' k ~cuss t e many
OllUTIlSSlOn has made this is~ue '. mg War force housinQ. The C .
committed to the effort :::. a pnonty for a long rime, and v;u 1m ounty .
. . 0\\ ill} heart ]S
It appears you are seeking a Workforce housin " , . ."
~e\clop ~ comprehensive strategy to address ~lisa~~~~cate, . One who can help the COUnty
turther thIS effort at all levels of government. As wef 1~,Ult :~sue, ~d who can e~feetivcJ,y
require many professional skl')i ~et~ c . 1 d]sclls:::.cd, th1s advocacy wl11
' " .:-, .), enam y more than a v
l1ghr of the needs of the Countv and SCope of the t k t' ~- one perSOn can provide. In
. . ' as s acmg the Coum .. . .
comprehenSl\'~ strategy to address \vorkforce housing and all relat~d . ~ ) m cIr~atmg a
suggest that ..t h" . bSues. strongl)
a eam approac ' WllJ be critical to the County's SUccess. '
.Accordingly, I ha\'e dis~ussed this matter with my good and talented friend, Cari Roth;
you may' remember Can as the Depanmem of Community Affairs (DCA) General
Counsel during the time I was Secretary. She later became Assistant Secretarv after mv
departure. Cari j s a superb la w)rer and ares pe cted 10 lib yist .., and she a! read v -has a -
detailed knowledge of the many Jaws relating to the Keys. Cari has joined th~ Bn'ant.
\Iiller and Oli\'e la\v finn (Bl\10), and her partner, Bob Reid, is an affordable ho~sing
specialist and an expert in public finance matters, B),fO already represents several local
govenmlents in the Keys and has an excellent reputation.
I believe that a team comprised of Bob Reid, Cari Roth and Steve Seibert encompasses
the distinct group of experiences and skills this effc1l1 will require to be successful. I have
anached a sample "Special Counsel Retainer Agreement" which pro\'ides for the joint
engaaement of both The Seibert Law Firm and BMO to be the County's team to facilitate
_. b
the successful development of a workforce housing vision for the COUnty and to assist in
its implementation. I would he pleased to serve as the Primary Contact for the Team and
would call on my colleagues and T earn Members at BlvIO for their extensive expertise. I
have also attached copies of our resumes for your review.
Conunissioner Murray Nelson
\'1ay 9, 200S
Page 2
\Ve believc therc are several inter-related initiatives the Commission should consider.
I ike a Chinese menu, vve could develop a work order for each one and you could choose
\yhich ane(s) to proceed with. \Ve suggest the follO\ving:
]. The \lanroe County Commission hire us initially to help the County' identify potential
panners in this effort and to develop a strategy to build a coalition of interested groups to
help create a community vision and provide financial support for this process. We might
also seek private foundation support for developing a multi-jurisdictional approach to
support affordable housing.
2. \\ie should collect and organize existing data; all affordable housing eftorts and
reports completed to date, a list of available land, a list of appropriately land-used and
zoned land, a list of citizens \vho have already sho1ATI interest in this issue, and so fanh.
Staffprobahly has most of this information already'.
3. \Ve should hold a series of public meetings to assess the extent of the crisis and the
public appetite to truly address this issue. You don't want to be a year dO\m the road,
having expended much time and money, and find the citizel1f)' is not supportive of your
effons. r ha\-'e significant experience in "convening" public meetings and my colleagues
and the members of the team have worked on many community visioning eftorts.
4. Because many citizen::; cannot attend public meetings, or arc hesitant to speak up in
public, we suggest estahlishing an interactive web~sile, A method for meaningful, .web-
based communication ("digital" citizen input if you will) is critical to understandi ng
what the people really think.
5. We need to provide some oflhe nevv ideas about \vorkforce housing being developed
across the country... there are some "best practices" upon \-vhich we can rely and there is
no reason to reinvent the wheel.
6. \Ve need to help you determine which statutes, and which ordinances need to be
adopted, or modified. Cari and Boh are skilled in this regard, and can both draft and
explain the details of such documents.
7. \Vc may need to advocate these i~sues at the highest levels of state government,
including the Governor's office, the Legislature, the Florida Cabinet, and the appropriate
state agencies.
8. Finally, 'lye need to provide imaginative funding strategies and recommend \vhich
financial tools are best suited to the conummity's needs.
Our team can do all of this. We ha\-'e proposed a contract which sets forth being paid by
either ,m hourly fee basis or on a per Work Order predetermined amount basis, whichever
Commissioner Murray Nelson
May 9, 2005
Page J
hest suits the needs and desires of the County and the subject of each Work Order; if you
ha\'e other preferred methods, we will certainly consider them.
We believe, and clearly recommend, that a predctennined amount for each discrete task
undertaken by the team is the better approach; it gives you certainty about how much you
will pay and it allows us to team up on certain projects \vithout \vorrying about our
combined hourly fees. Not knowing yom thoughts on this subject, we have not proposed
what the predetermined amomlts for each project should be, \Ve await your thoughts and
comments,
Frankly, r expect the tasks will change over time, because the obstacles or needs may
change. In essence, however, we consider our role to be that of a panner \vith the
govenuncnt, and citizens of :Vlonroe Cowlty to help address this most significant
community challenge.
Please feel free to call me if you have any questions, and thank you again for the
opportunity to propose the use of our services in this mm
. te en:'vI. Seibert
The . ert Law Fiml
201 South Monroe Street
Suite 500
Tallahassee, Florida 3230]
LA\V F RM
~r.~ ;:)n.~e-r.:~1 tr ;"~~d .J-:.~ M.jtler~
2964 Wellington Circle, Suite 1
Tallahassee, FL 32309
Phone: 850.222.9022
E-Mail: steve@seibertlaw.com
STEVEN M. SEIBERT
EDUCATION
i9?7
The George Washington UnivGfsity, SA i,1 Phiiosophy/ir;ternatione.! A:fai,s;
2\liarded Phi Bela Kappa
192D
U"iversity of Flor:oa, Juris Doctor
PROFESSIONAL EXPERIENCE
2D03-present Founder, The Seibert Law Firm
. 999 - 2003 Secreta ry, T:1 e Florida Departm en t of Comin u n i:y Altai rs:
Appointed by Governor Jeb Bush, confirmed by the Florida Senate:
Served on:
F:orida Housing Finance Corporation Board oj Directors
Florida COrTIllunilies Trust Goverr.ing Board (Chai,)
INeklva Basin Area Task Force (Chair)
Gave mo r' s G ro\Nth M anagem ent Study Corr,m :ss i on
Renal Lands Stewardship Council
Land .ll..cquisilion and Res;aration Cauna',
;992,1999
Commissioner, Pineilas County Board of County Commissiorers (Chair 1995, 1999:1
Served on:
Pinellas County Metropolitar; P:anning Organization (Cr:a~r)
Agency on Bay Ma;1agement (Chair)
Tampa Bay R,egional Planning COLineil (Chain
Tampa Bay Naliona: Estuary Program (Board of Directors)
Tampa Bay V'J aler ~Board of Directors)
~986.1991
1982 - 1986
1 931 - . 982
Pa~T1er, Law Firm of Johnson, BlakeljI, Pope, Bokor, Ruppe! & Burns
Senior Assistant County Attomey, Pinellas County
AssoGiats, Lavl Fir~ of Koronas, Downey, Glenn & r.erse'""'l
ADDITIONAL 8T A TEWI DE LEADERSHIP ROLES
Member, Florida Council of 100
Board of Directors, Florida Association of Counties
Iv1ember, Florida Cr.amber oj Commerce Water Task raree
,\'1ember, Governor's Task Force on Land Use and WaterJlan'ling
Co-chairma'1, Florida Association of Counties Select Committee on V'jeter Policy
r'.'1ember, Leadership Florida (Class XIII, 1995}
beard of Jirectors, Federal Alliance for Safe Homes
~..1ember, Jrban Land Ir.stitute; Florioa COTMiitee (or Reg;on81 Coopera:;cr
AI'VARDS, CERTIFICATIONS, RATINGS, ETC.
D:stifiguished Service A'Nard; State of Fiorida
Aware of Disti:v:ticn; Florida Chamber of Commerce
Exc e II ence in \1 ad i ation P.w.s.rd; Fiorida Con f I i ot R as 01 uti O:l Go ns 0 r:i J'T
Certified Federai and Cir::uit Civil Mediator
A V Legal Rating
"
L
CARI L. ROTH
PROFESSIONAL EXPERIENCE
Bryant l\-liller & Olive, P. A.
201 South i'vlonroe Street, Suite 500
Tallahassee, Florida
850/222-8611; croth@bmolaw.com
Shareholder in 5 city, 21 attomey finn specializing in a legal and legisl<lti\'C"
practice focused on land use, environmental, growth tnClnZlgcment and
infrastructure issues, intergovernmental relalion::;, and state and local
government finance.
December 2003
Florida Department of Community Affairs
Tallahassee, Florida
Assistant Secretary'
Principal administrative officer of 425 employee state agency. .'\dvised agency
head, coordinated with other members of administration and lobbied legislature
on legislative growth management and proposed merger issues. Headed the
Department's planning effort in advance of proposed merger. Directed
budgetary, financial, human relations, communications, legal and legislative
personnel and division directors.
:Ylarch 2003- July 2003
Florida Department of Community Affairs
Tallahassee, Florida
General Counsel
Directed legal office 0 f state agency with responsibility over growtll
management, emergency management, and COmmUlllty housing and
development. Served as interim director of the Division of Community
Planning from July 20G1-December 2001 \vhile continuing to sen'e as General
Counsel. Advised agency head and administration on grO\vth management
issues and served as principal legislative representatlve for the Departmem Oll
these issues, Assisted head of agency 011 other policy and administrative isslle~.
Frequently represented Department in speaking opPOi1lmities to varions inter,:-sl
groups as well as professional education seminars.
July 1999- .\1arch 2003
Cari L Roth- Resume
Page 2 of4
Le\yis, Longman & Walker, P.A.
Tallahassee, Florida
Founding shareholder of 3 city, 18 altomey firm specializing in govemmen!
affairs and envirOlIDlcntal and land use 1 a\v. Approximately' 60% of my practice
was comprised of legislative affairs. Legal practicc was focused on Florida
administrative law with an emphasIs on land use la\\', representing both private
developers and local govemments.
July 1994 - June 1999
Representative Clients:
Legislative - BellSouih Mobility, Florida Association 0 f Special Di stricts,
Florida .\1 osq ui to Control Association, Florida Occupational Therapy
Association, Florida Psychological Assoclation, .\litigation Solutions, Florida
\Vater Quality Association, GA TX Terminals Corporation
Legal - Monroe County School Board, Leon Count)', Cap Star Hotels, !\1".rina
Jack, Cold Springs Improvement District, CI)'stal Lake Joint Ventme,
Innovation Park, Florida Association of Safety Counci Is
Messer, Vickers, Caparello, ,\ladsen, Lewis, Goldman & :\'Ictz, P.A.
Tallahassee, Florida
Shareholder in Tallahassee office of finn specializing in govemment affmrs and
administrative law,
October] 983 - June 1994 (Panner since January 1987)
PROFESSIONAL ORGANIZATIONS AND HOi\'ORS
Rated "A V" by Martindale-Hubbell
Leadership Florida Graduate, 2002
l'vlember, Second Judicial Circuit Professionalism Committee, 2003
Florida Bar Association, City, County and Local Govenunent Section;
Executive Council, 1997 - present; Chain11an Legislative CommIttee 1995-
1997.
Florida Bar Association, Environmental Land Cse Law Section: Execut;ve
Council member 1987-1995; Editor, Section Reporter, 1986-1988; Chairman
Legislative Committee 1990-1995.
A.merican Bar Association, member State and Local Goyemmcnt Section,
:\'atural Resources Committee
Cari L. Roth - Resume
Page 3 of 4
Tallahassee Women La\vyers
Capita! Women's Network
Leadership Tallahassee Alumni Association
PCBLICATIONS (Selected)
2002 Reforms to Grmvth lvlanagemem, Florida Bar Joumal, \Vll!J Laura J.
Feagan, July 2002.
Special Tax Districts, Environmental and Land use Law, with Terry E. Lewis,
Robert ?vl RllOdes and Victoria Weber. The Florida Bar, 1987 (wi ib biennial
updates).
Contract Zoning and Conditional Zoning, Environmental and Land Use Law,
The Florida Bar, 1999.
Department of Communi!.v Affairs Update, paper delivered to the August 1999,
2000, 2001, 2002, meetings of the Envirotunelllal and Land use La\v Section,
The Florida Bar.
Local Government Comprehensive Planning, paper del i vered to the A llgust
1990 and 1994 meetings of the Environmental and Land CSt Law Section, The
Florida Bar.
Impact Fees ill Florida, paper delivered to the :via}' and October, 1990 Shon
Course Seminars sponsored by the Florida chamber of Commerce.
EDUCATION
Legal
Florida State l;niversity College of Law
Juris Doctor received I\-1ay 1983,
Honors & Activities
President, Student Bar Association, 19S2
Student Member, Faculty Appointments Committee. 1981 &
1982
Finalist, \loot Court CompetitIon, 1981
Li ndergraduate
Florida Slate Cniversity
BS received June 1979
Major - Govcmment; .\1inur .. English
Honors & Activities
Graduated Cum Laude; Dean's List
Attended Overseas Program in Florence, l1aly, 1979
Florida State Uni vcrsity Swim Team, 197 5
Cari L Roth - Resume
Page 4 of 4
COMMU:\'ITY ACTIVITIES
Refuge House Capital Fundraising Committee, 1999
Leadership Tallahassee Alumni, 1 986-prescnl, Board member 1994-1997
United Way of the Big Bend, BOJ.rd lvlember, 1987-1991
Florida Legal Services, Board :tvlember, 1988-1993
Florida Bar Foundation, Member, Legal Assistance to the Poor Committee,
1990-1993
Tallahassee Bar Association Legal Aid Foundation, Bourd Member, 198;,.S8
City of Tallahassee, Concun.ency Revie\v Committee
City! of Tallahassee, Development Process Review Committee
NA~H.:
Robert C. Reid, Shareholder
EDCCA nON.
Memphis Slate University, (B.A,
Psy'Chology, 1973)
Memphis State College of Law
(Juris Doctor, 1976)
University of Horida College of La\\' (198.'3)
Master of 1.a\\'s in Taxation (LLM)
PROFESSION:
Attorney <It La\v. Engaged in the private practice of 1ah' in the firm of
Bryant iv1iller &: Olive P.A., Tallahassee, Florida, '\larch, 1989 to Present
Admitted to The Florida Bar in 1989. (Fl Bar No. S32790)
Rated: "av" by Martindale-Hubbell
PROFESSIONAL HISTORY:
Baker, \Vorthington, Crossley, Stansberry & Wolff, Nashville, Tennessec'
Senior Associate (Senior Tax Attorncv)
JW1C L 1985 to February 2.';, 1989
Conoon & Black Benefits, Ine.
l'ashville, Tennessee
Vice President; Associate Corporate Counsel; Director Tax Clnd FstClte
Planning Department December, 1977 to July', 1984
Private La\v Practice: Full practice, July, 1977 to December, 1977; limileJ
practice, December 1977 ~o July, 1984
Practice Concentration: EITlphasis on closely held businesses, professional
corporations, individual lax planning: wills and trusts.
Tennessee Association of Legal Services/LegJl Aid Projects: J lily. 1976 to
June, 1977 Statewide Coordinator
MUNICIPAL BO:"rD LAW EXPERIENCE:
For the past 24 years \1r. Reid's practice has been concentrated in financial
transactions and tax planning. Since 1985, his concentration in tax-exempt
and taxable financings has increased until he exclusively devotes his entire
practice to this area. He has served 215 issuer's counseL bond cow1sd,
special tax counseL underwriter's counsel 2lnd developer's tax cOtUlsel in
numerous tax-exempt and taxabl.e bond project financings for multifamily
and single family housing, retirement centers, educational, hotels and
convention facilities, manufacturing facilities. professional sports iClcilities,
and numerous governmental projects. hIt. Reid is leCld cowlsel for the FinCl
for several governmental clients, such as thr Key' West and \[onrol' COWL!!'
Housing Authorities, the Cities of CleaT\\-ater, PClllbroke Pines, '\orth
lauderdale, Coral Springs and Lighthouse Point, and for indian lZi\'e~
County and serves as tax counsel for many of the Firms clie!'.ts,
~vlr. Reid is one of the leading Florida" ttomeys in affordable housing and
represents most of the local county housing finance authorities and public
housing authorities. ;",1r. Reid has also served il5 bond counsel Md tax
counsel to the Florida Housing finance Corporation. !\fr. Reid is the co-
chair of the Firm's affordable housing prilchce group.
?vlr. Reid has worked with local housing authorities such ilS tlw Housing
Authorities of the Cities or Delarld, Key \-Vest. Ft. \lyer5, Punta Cord)" St.
Petersburg, Tampa and \-Vinter Haven, and the Housing Authorities of
Hernando arld :-.Ionroe Counties on several il(fordable housing issues, The
issues have involved direct financing of housing bcilities to be owned ,mn
operated by the authorities or their related 501(c)(3) entities. using tilX
exempt debt issued by the housing authurities, \.~'ith some of the issues
involving tax credits obtained directly [yom the Department of Trc,lslHV
On behali of the Hernarldo County HOllsing Aulhori!!', !\lr Reid
successfully validated the ability of a housing authority to act ZlS a conduit
issuer to finance affordable housing that is to be oW1l(~d and opera:ed by
entities oilier thM the housing authority, In some cases, such as with the
Key West and Monroe COlmty Housing Authorities, these iiIlZULClllgS
involved assembling a consortium of local b,mks to provide the financing
and a SAIL loan from Floridill'Iousing, while otlwrs involved VClrlOUS credit
enhancement techniques provided by HeD and other financial institution:,;,
such as yvith the Winter Hilven Housing Authority, }"fT, Reid is C'.1frenlly
working \\.ith the pWlta Garda Housing Authority <IS bond counsel (LllC.
private de':elopers to finance replacement public housing units, al1 of wllich
were destroyed by Hurricane Charlie in August 2U04.
In addition to these some\vhat classic modes of financing projects, My. Eeid
has worked with local housing authorities such as the Tampa Housing
Authority, in implementing energy' savings contracts to achieve
modernization of housing units using projected savings llL energy costs
derived from replacing outdated equipment with nevv' energy efficient
equipment and two HOPE \/1 projects. \Vith the Key \,\'est Housing;
Authority, \ve were able to obtain a $16,OOO,UOO HlJD Section lOR JmUl,
backed by a pledge of the State's CDBG fuhtre grant fWlds to enable the
housing authority to acquire surplus :'-Javy housing and reno'.'ate it for
affordable housing.
SPEAKING ENGAGEMENTS:
Panelist 1997, 1998,2000 and 2001, Bond Attomey's V'':orkshop sponsored
by National Association of Gond Lawyers on the subject of "Singic F,nnily
;vlortgage Revenue Bonds", "\lultifarnily Housing", "Rehmdings ;'lnJ
Reissuance"' .
Plil3UCA TIONS:
"Family-O\vned Businesses and the Carryover Basis Rules", CLC Journal..
Januarv, 1979
"Tax Strategy for the Small Businessman", l\d vantage :vlaguzine, JWlC, 198 1
"United Stutes Tax Implications of International Interest Rate Swaps (C S
Dollar Denominated Agreements)", Cniversity of rlorida Law Review, Vol.
17, No.3, Tax 1985
SPFCIAL COul\SEL RETAli\ER AGREEJ\1ENT
behveen
~ll1:\RDE COCI\Ti' FLORIDA and OTHER PARTICIPATING GOVEl?"\J,\1ENTAL EI\TlTIES
And
THE SEIBERT LAW FlR..\.1 and BRYANT !\1ILLER & OLIVE P.A.
-.------
--_._-~-
Dated :;VIal' 18, 200S
SPECIAL COUNSEl. REfAINER AGREEMENT
This Special Counsel Retainer Agreement is entered into between the Board of Cmmty
Commissioners (the "County Commission") of j\lomoe County, Florida (the "County") and
other participating governmental units located in the County which elect to participate in this
Agreement (collectively, me "'Governmental Cnits"), and The Seibert La\\' Firm and Bryant
\li11er & Olive P.A. (collectively, "Special Counsel").
\NHEREAS, the County Commission has determined that there exists a critical need to
addn_'ss the housing needs of the residents of the County, including housing for low tncome
families, worklorcc housing and other affordable housing, on a comprehensive, Counn' \\ide
basis: Clnd
WHEREAS, the County Commission, together with other local governmental units in
County desires to engage special counsel to assist the COWlt}' Commission and the
c;O\'l~r:Ullental Units in facilitating the creation and implementation ot a long term plan to
address the critical housing needs currently facing the residents of the County; and
WHEREAS, the County Corrunission is encouraging each of the other Governmental
Units located in the County to join the County Commission in this agreement in urder to
facilitate the creation of a comprehensive plan for the citizens and residents of the COlmty; and
WHEREAS, the County Commission, with concurrence of its staff and general cOilll<;eL
has authorized and directed the engagement and use of Special Counsel as special counsel to
the Cmmtv COlnmission and the other Governmental Units.
NOW, THEREfORE, it is agreed as follows:
1. SPECIAL COUNSEL SERVICES. Special Counsel will provide legal and
consulting services as special cOlU1sel to the Govemmenta 1 Units relan ve to the facilitation of
the creation and development of a comprehensive long term plan to address the critical
shortage of available affordable housing to the citizens and residents of the County. Such
special counsel services and assistance are to be provided on an hourly nnd negotiated fee basi;;
b\' separate work orders as provided herein and shall generally include the foUO\.ving:
(A) sharing Special Counsel's experiences and prior exposure in housing and
COT11fi\illlity development and financings, including land use issues, general development issues
with the Florida Department of COITUIlunity Affairs and the Florida Department of
FO\'ITonmental Protection and the Florida Legislature, and by filling a leadership role in
facilitating the development and implementation of a long term plan and vision to address the
anticipated housing needs of the residents of the COilllty. and in identification and development
1
of appropriate revenue resources to hmd and finance the Governmental Cnits housing
in itia tlVE'S:
(B) facilitating the assembling of community needs and public input regarding
housing Issues i.n a manner that maximizes public input and the development of a long term
vision and plan for the County that meets the consensus needs of the residents of the COlmty;
(C) facilitating the development of appropriate ordinances, resolutions, legislation,
intcrlocal agreements or other agreements and documents to collaborCltively and cooperati\'el;:
achieve the Governmental unit's housing objectives by parh1ering with one or more public or
pri\'ate entities;
(D) providing advice and research on housing creahon, alternatives, implementation
and financing stTategies;
(E) rendering of written memoranda or opinions when necessary;
(F) advice and research on the feasibility and legal sufficiency of stahltory and
alternative revenue resources, including. but not liIllited to the use and leverage of public-
private partnerships and the various resources of all of the Gllvemmental Units;
(G) assistance in the prosecution of any administration rule making process, agency
determinations and other forms of litigation, induding validation proceedings; and
[In re\'iew of proposed interlocal struchlfes as to legal feasibility, compliance \\'ith
applicable law and pending or proposed revisions to the lah' including enited States Treasury
re gu 1 a hons.
2. COMPENSA nON FOR SPECIAL COeNSEL SERVICES. SPECIAL
COLNSEL will be compensated for special cOlmsel services at negotiated tees and....of hourh'
ri1tes as i1uthorized by specific \\'ork orders.
(A) Specii1l Counsel will be compensated for legal services at the following hourly
ra tes:
(1) Bryant ivli1ler & Olive shareholders and Steven 1\1. Seibert of The Seibert
Law Firm at the rate of $250 per hour:
(2)
S 19.) per hour; and
Bry'ant :\1iller & Olive attorneys other than shareholders at the rate of
n)
Bryant Miller & Olive paralegals or law clerks at the rate of $50 per hour.
2
(B) Any negotiated fee for legal services shall include a scope of services and ree
stmchue authorized by the Governmental Units in '.....riting as provided for herein.
(C) In addition to any negotiated fees or houri)' rates, Special Counsel shall be
entitled to receive reimbursement for actual costs incurred, such as computer printing or
photocopies, long distance telephone charges, travel expenses and overnight delivery charges.
Any b'avel expenses 1,.vill be reimbursed in accordance v\'ith the Count}' Commission's
procedures and guidelines.
(0) The process of developing and implementing the housing availability vision may
require the acquisition or disposition of real property' as well as the acquisition or real property
in a development regime, including intangible and tangible personal property. To the extent
the Governmental Units acquires or disposes of real property interests, Special Counsel agrees,
ii so requested by the Governmental Lmts, to coordinate with the Governmental L'nits to
additionally use and provide appropriate title research and title insurance policies insuring the
rea] property involved at the minimum premium rates promulgated by the Florida Insurance
Cu mmissioner.
(E) Special CoW1scl shall bill the Covernmental L;nits periodically, but not more
often than monthly, and provide an itemized statement of fees and costs incrnred to date. All
invoices shaH be submitted to, approved and processed for payment by the Contract
Administrator as designated herein.
3. IDENTIFlCA nON OF NECESSARY CONSUl T ANTS; APPROV At
PROCEDURE. The development of the proposed housing alternatives initiative contemplated
l"wrein ,,'ill likely require mOTe than legal expertise. Subject to the recommendation of the
Contract Administrator and the approval of the Covernmental Units, Special Counsel shall ha\'e
the authority' to use or retain on behalf of the Goverrunental Cnits such additional consultants,
experts, or cowlsel that it deems necessary to implement fue creation ,md development of the
housing alternatives initiative of the Covernmental lJnits. Such approval shall be first
requested in 'inihng and shall include a scope of services and metlLod of compensation for each
ilddilional consulti.U1t, expert, or counsel requested. If requested, statements for fees and costs
incurred by any approved consultant, expert, or cOlUlseL shall be first reviewed bi' Special
Counsel and, upon approvaL submitted to toe Contract Administr2\tor ior payment.
4. DISCLOSURE,
(A) Special Counsel, and specifically Bryant ;"iil1er & Olive, has disclosed to the
Cnunty Commission that it has, and may in the future, serve as disclosure cOUJ1sel or bond
counsel to several municipalities and other local goverrunental entities in the County, many of
\vnurn may join the County Commission in this Agreement as a Governmental l~nit. The
parties heretn acknovdedge and agree that Special COW1sel's role as bond cowlsel or disclosure
counsel to any Governmental Unit is not likely to create or cause any adual conflict, and service
3
as disclosure or bond counsel to other Firm clients will not per se be construed as a conflict or
be objectionable to the Governmental Units.
5. CONTRACT ADMINISTRATION.
(Al For ease and convenience of administration, the CoverrunentalUnits shall from
tirrw to time designate one or more persons to provide policy direction and instructions to
Special Counsel in the administTation of its duties hereunder, approving and authorizing work
orders and all other matters necessary to administer this Agreement on behalf of the
Governmental Units (the "Contract Administrator"). The initial Contract Administrator
directed and authorized to act on behaU of the Governmental Units shall be
(B) Special Counsel shall be entitled to reasonably' rely upon direction received from
the designated Contract Administrator.
(C) Special Counsel and Contract Administrator are hereby directed and authorized
to process tile initial work order under this agreement in substantially the form attached as
Exhibit A hereto. Subsequent amendments to the foregoing work order or subsequent work
orders shall be in substantially similar format and approved by the Contract Administrator.
(D) The representative for Special Counsel shall be as follows:
(1) The primary contact person shall be Ste\'en rd. Seibert of The Seibert La\~'
firm.
(2) it is understood that Eobert C. Eeid of Bryant \hlJer & Olive shall be
primarily responsible for finance and housing related matters and that Cari Roth, of
Bryant ]\1iller & Olive shall be primarily responsible for managing legislative relations-
(3) All work performed by all)' Special Counsel shall bc (oordinatE'd \-Vitil
each other Special Cotmsel and the Contract Administrator.
6. GENERAL.
(A) This agreement shall be governed by and construed in aCCOrdalLCe with the laws
of the State of Florida. This agreement may be amended only by a written agreement entered
into bv the pilTties-
(B) This agreement may be terminated with or without cause by the ContraLt
.,\dministratOI or by Special Counsel at any time upon thirty (30) days prior written notici'. In
the event of termination, Special Counsel shall assume respunsibility fOT completion of and shall
be compensated for all representation requested prior to the notice of termination. Provided
howc\-er. the Contract AdministTator may terminate this agreement for breach by Special
4
Cowlsel with such notice as may be reasonable llilder the circumstances. In the event of
termination, with or \,.'ithout cause, Special Counsel shall be compensated in accordance
herewith for approved time and expenses, expended prior to the date of termination.
(C) This agreement may be executed in multiple counterparts.
(D) This agreement shall be effective on the last date this agreement is executed by
the County Conunission and Special COlmsel.
IN \VITNESS WHEREOF, tbe Board of COillltv Commissioners of ?vIonroc
COWlty, Florida and other local governmental units subsequently joining into this Agreement,
The Seibert Law Firm and Bryant )VEller & Olive P.A. have caused this Special Counsel I{etaincr
Agreement to be executed as of this__ day of __-----' 2005.
THE BOARD OF COUXTY CO\rl~nSSIOl"ERS
OF :\10NROE COUI\':TY, FLORIDA
By:
Dixie )vI. Spehar, :vlayor
A ttes t:
Clerk of the Circuit Court
THE SElBERT LAW FIRM
By:
BRYA~T MILLER & OLIVE P.A.
By:____
Shareholder and Authorized Signator}'
5
EXHIBIT A
FORM OF WORK ORDER
WORK ORDER
~o. 200 -1
TO:
Special Counsel
Attention:
[Addrcss1
Tallahassee, Florida 323_
FROM:
as Contract Administrator
1. Scope of Services: Special counsel legal services to be provided by Special
Counsel are to provide assistance \yith facilitation of the development and implementation of a
housing illternatives initiative for the Governmental Cnits. Included with this task will be those
services and acti\'ities identified on the Attachment hereto and incorporated herein by
reference- Additiona lly, Special Counsel will assist and advise the Governmental L;ni ts and
their oificials, staff, attorneys and consultants in a leadership or facilitative role in developing
an D'.'eral1 approach to assist the Governmental Units in their development of a strategy to
create housing opportunities for the residents of the County. Deliverables may include drafting
notices interlocal agreements, resolutions, memorandums of understanding, or other
agreements, reports or documents, vvhkh will provide the basis for decision making and the
establishment of the housing altematives initiative.
2. Compensation: [Hourly rates and reimbursement for actual costs as
pYCwided in Special Counsel Retainer Agreement dated ___ __,2003.] [Fixed compensation
in the amount of :; [and reimbursement fOT actual costs as pro\'ided in Special
COlmsel Retainer Agreement dated __ ~ 2005.]
3. Cse of Necessary Consultants: Pursuant to the Special Counsel Retainer
Agreement, the Govemmental Cnits direct and authorize Ihe llse of
and the srope of services and method of compensation
attached to this work order is Olpprovcd.
4. \Vork Order Budget: TI1e initial budget appropriation for this Work Order shall
not exceed the amount of ______ and no/lOO DOLLAI\S ('j;_-_l However, it is
LU1derstood that the direction of the Governmental Coits will control the v..'Ork effort and
JJdit~onal budget appropriations ma")' be and are expected to be required.
A- 1
Authorized by:
Title: Contract Administrator
Dale:
And accepted by:
Special Counsel
Date:
A-2
A IT ACHivlE"\:T TO WORK ORDER 200_- i
Scope of Services and Method of Compensation
A-3