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Item C21DUAKU UY UOUNTY COMIVIISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2012 Division: Airports Bulk Item: Yes XX No Staff Contact Person: Peter Horton/Pedro Mercado AGENDA ITEM WORDING: Approval of Consulting Agreement with FTI Consultants. ITEM BACKGROUND: The Construction Management group the County hired, the Morganti Group Inc., has filed a breach of contract action against the county. The Morganti Group is seeking additional monies over and above the Guaranteed Maximum Price they provided the county for the additional time it took Morganti to complete construction and renovation of the Key West International Airport. FTI consultants specialize in delay claims and would be used by the county as aq scheduling consultant in the breach of contract action. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approve TOTAL COST: TBD BUDGETED: Yes No XX COST TO COUNTY•N/A SOURCE OF FUNDS: Airport Operating REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH Year APPROVED BY: County Att " OMB/Purchasing Risk Management DOCUMENTATION: Incl ded XX Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: FTI Consultants, Inc. Effective Date: April 18, 2012 Expiration Date: until completed Contract Purpose/Description: Consulting services in the case of The Morganti Group, Inc. Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: April 18, 2012 Agenda Deadline: April 3, 2012 Total Dollar Value of Contract: $TBD Budgeted? Grant: County Match: NA Estimated Ongoing Costs: (not included in dollar value above) CONTRACT COSTS Current Year Portion: $TBD Account Codes: 404-63001-530310 ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director 4 /0 / 12 ( ) �/4 Risk Management 4L2-/-(-1 P Ho 0 ( ) (4 / _` o / 2 O.M.B./Purchasing r Risk Management County Attorney _/_/_ ( )} Co t Comments: PROFESSIONAL SERVICES AGREEMENT BETWEEN MONROE COUNTY AND FT CONSULTING, INC. THIS AGREEMENT made and entered into this 18`h day of April, 2012, by and between the MONROE COUNTY (hereinafter "COUNTY"), a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West, Florida 33040, and FTI Consulting, Inc. (hereinafter "CONSULTANT), a Maryland Corporation authorized to do business in the state of Florida, with an address of 1375 Piccard Drive, Rockville, Maryland 20854, in order to provide consulting services in the case of The Morganti Group, Inc, vs. Monroe County, Case No. 11-CA- 892-K . WHEREAS, COUNTY desires to continue the services of CONSULTANT to provide expert technical consultation and review of construction documents, contracts, drawings, architectural work and related information in order to provide expert opinion and, if necessary, expert testimony in the above case; and WHEREAS, CONSULTANT desires to provide the services to the COUNTY; NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: 1. CONSULTANT will provide expert consultation and technical advice in the areas of construction documents, related research, contracts, drawings, architectural work and related information in order to provide expert opinion, and, if necessary, expert testimony if requested, by COUNTY in the above litigation. 2. This Agreement shall become effective upon signature by all parties and shall continue in effect until services are completed or terminated by either party, with or without cause, upon fifteen (15) days written notice to the other party or upon final termination of the litigation. 3. CONSULTANT warrants that CONSULTANT and additional timekeepers do presently have, shall have prior to commencement of work under this Agreement, and at all times during said work, all required licenses and permits whether federal, state, County or City that are applicable to the expertise required under the Agreement. 4. CONSULTANT shall bill COUNTY at the hourly rate and time for approved time keepers. Records of the time expended and description of the service performed by each time- keeper shall be detailed separately on the invoices. Personnel who are not listed as timekeepers will not be paid unless approved in writing by amendment with the same formalities as this Agreement. I I P a g e Hourly Rates, and Changes to hourly rates are set at: Approved Time Keepers: Name: Hourly Rate: Testimony Rate: Barry Brower (Maryland Office) $375.00 $375.00 Larue Hamman (Maryland Office) $210.00 NA Mark Davies (Florida Office) $295 $295.00 George Armbruster (Maryland Office) $140.00 NA Matthew Flax (Florida Office) $210.00 NA Testimony rate shall include time spent in Deposition, Mediation & Settlement Conferences and Trial. Unless COUNTY approval is obtained, CONSULTANT will not have more than one time- keeper bill for the same court appearances, attendance at depositions and meetings, including meetings with COUNTY representatives, and internal conferences. In the event that more than one person attends, only the time of the person with the highest rate will be billable, unless additional billing for another time keeper is approved in writing by the County Attorney. CONSULTANT is not permitted to use this matter to provide on the job training for a time- keeper, and bill for that time -keeper's services, without COUNTY' S advance approval. 5. The COUNTY and CONSULTANT agree that travel time and expenses shall be billed and paid as follows: a. All Travel time shall be calculated at the Hourly rate, not the Testimony rate. b. Travel expenses within the CONSULTANT'S local or metropolitan area will not be reimbursed. Local and Metropolitan area is defined as being within fifty (50) miles of the CONSULTANT'S usual office space and does not include travel to or from the residence to the office. C. Reimbursable travel expenses are the cost of transportation by the least expensive practicable means (e.g., coach class air travel), the cost of reasonable hotel accommodations, includes the cost of parking at the airport or taxi to and from the airport, and the cost of transportation while out of town (e.g., by cab or rental car, whichever seems reasonable, at the lowest available rate). Airplane travel shall be verified by the attachment of a boarding pass or by a waiver. Travel expenses will be reimbursed in accordance with the applicable provisions of the Monroe County Code for "approved travelers" and shall be summarized on the Monroe County Travel Form by CONSULTANT with all applicable receipts attached thereto as Exhibit A. d. Payment of travel time and expenses will be made periodically but no more frequently than monthly, in arrears. Expenses shall be submitted by CONSULTANT and authorized by COUNTY in writing with backup 21Page documentation as required by the Clerk of Court. Invoices shall include copies of receipts for all expenditures for which CONSULTANT seeks reimbursement. 6. The COUNTY and CONSULTANT agree that reimbursable expenses, unrelated to travel, shall be billed and paid as follows: a. COUNTY will pay the actual reasonable cost of the following expense items if incurred in accordance with the guidelines below and promptly itemized in CONSULTANT'S monthly bill and shall be accompanied by backup documentation as required by the Clerk of Court. COUNTY will not pay any multiplier for these expenses. COUNTY will not pay any markup for expenses and COUNTY will only reimburse the CONSULTANT for their actual approved out-of-pocket costs and expenses, whether incurred personally by an approved time -keeper b. COUNTY will pay the actual cost for necessary long distance telephone calls, overnight or expedited delivery, couriers, photocopying at S.25 per page, postage, court fees, and other expenses approved by COUNTY or requested in discovery for the litigation. C. CONSULTANT is expected to avoid using expedited or emergency services, such as express delivery services, couriers, telecopying, overtime, and so on, unless necessary because of unexpected developments or short deadlines. COUNTY may refuse to pay for any such expenses when incurred routinely or because of CONSULTANT'S failure to manage the matter efficiently. d. CONSULTANT is encouraged to use outside copying services to reduce the cost of large -volume copying, provided that these expenses are efficient, cost- effective, and incurred and billed in accordance with this Agreement. CONSULTANT is responsible for insuring that all copying complies with copyright obligations. e. Transcripts should not be ordered without approval from County Attorney. Transcripts should not be ordered on an expedited basis unless necessary and approved by COUNTY. 7. The COUNTY and CONSULTANT agree that the following expenses will not be paid or be reimbursable without written approval by County Attorney: a. Meals for time -keepers not related to travel, overtime, word processing or computer charges, personal expenses, expenses that benefited other clients, expenses for books, costs of temporary employees, stationery and other supply expenses, utilities, and any other expense that is either unreasonable or unnecessary. 31P��=� 8. CONSULTANT shall comply with the following requirements as to billing fees and expenses as a condition precedent to COUNTY'S obligation to pay each bill: a. CONSULTANT shall provide detailed, itemized bills which shall, at a minimum, provide a general description of the matter for which consultant services are being performed (e.g. Richard Roe v. Monroe County); a description of the work performed in enough detail so that each item is distinguishable from other listed items and sufficient to allow COUNTY to determine the necessity for and reasonableness of the time expended. For example, simply the word "research" is not acceptable, more detail about the type of research and what was determined by the research is necessary. b. Clearly identify each timekeeper performing services in conjunction with each entry and the amount of time being billed by the timekeeper and the service performed. C. The time expended by each time -keeper shall be recorded separately. d. CONSULTANT shall include copies of receipts for all expenses with the itemized monthly bill. COUNTY may refuse to pay any expense item for which documentation is not provided by CONSULTANT. e. CONSULTANT must maintain support documentation for services and bills until at least one year after the termination of the representation. This documentation shall be made available by CONSULTANT to COUNTY (or COUNTY'S designated representative, including an accountant, the County Clerk or County Clerk's representative, or legal bill auditor) upon COUNTY'S written request. CONSULTANT agrees to cooperate with any examination of this documentation and CONSULTANT'S fees and expenses, e.g., by responding promptly and completely to any questions COUNTY or its designated representative may have. CONSULTANT shall notify COUNTY in writing at least 60 days in advance of destroying any such records and, in the event that COUNTY requests that they be preserved, shall preserve them at least one additional year or, at the option of the COUNTY, delivered to the COUNTY for storage by the COUNTY, with COUNTY responsible for paying the actual cost of storage. This documentation shall include, for example, original time records, expense receipts, and documentation supporting the amount charged by CONSULTANT for expense items generated by CONSULTANT or his or her firm. f. COUNTY reserves the right not to pay any fee or expense item for which sufficient documentation or expense item for which sufficient documentation is not available to determine whether the item was necessary and reasonable. 9. CONSULTANT agrees that, unless specifically exempted or excepted by Florida law, the provisions of Chapter 286.011, Florida Statutes, apply to this Agreement. CONSULTANT agrees to consult with the County Attorney's office concerning the application of the Sunshine 4 1 P a g e Law from time to time concerning specific circumstances that may arise during the term of this Agreement. 10. CONSULTANT agrees that, unless specifically exempted or excepted by Florida law, the provisions of Chapter 119, Florida Statutes, generally require public access to all records and documents which may be made or received under this Agreement. CONSULTANT agrees to consult with the County Attorney's office concerning the application of the Public Records Law from time to time concerning specific circumstances that may arise during the term of this Agreement. 11. CONSULTANT agrees to allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control as relate to this Agreement which are subject to the provisions of Chapter 119, Florida Statutes, also known as the Public Records law, and records made or received by the COUNTY and CONSULTANT in conjunction with this Agreement. CONSULTANT specifically acknowledges that any costs incurred or charged for records under the Public Records law shall be charged in accordance with the law, which shall take precedence over the terms of this Agreement. The COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT; however, CONSULTANT acknowledges that termination of this agreement by either COUNTY or CONSULTANT shall not exempt the CONSULTANT from the requirements of Chapter 119. 12. CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay such monies. 13. CONSULTANT is not authorized to retain additional experts, additional consultants, support services, or the like, or to out -source or delegate work outside CONSULTANT'S firm, without prior written approval by COUNTY. 14. The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. 15. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of CONSULTANT and COUNTY in this Agreement and the acquisition of any commercial 5 1 P a g e liability insurance coverage, self-insurance, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by COUNTY be required to contain any provision for waiver. COUNTY and CONSULTANT acknowledge that COUNTY does not waive any immunity nor does COUNTY agree to hold CONSULTANT harmless. Notwithstanding the foregoing, County agrees that Consultant shall not be liable to County for damages in excess of the total amount of fees paid to Consultant under this Agreement. 16. CONSULTANT agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 17. In carrying out CONSULTANT'S obligations under this agreement, CONSULTANT 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 said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONSULTANT. 18. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: 61Pagc FOR COUNTY: County Attorney PO Box 1026 Key West, FL. 33040 (305) 292-3470 FOR CONSULTANT: Barry A. Brower 1375 Piccard Drive, Suite 225 Rockville, Maryland 20850 19. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. Venue for any legal action which may arise out of or under this agreement shall be in Monroe County, Florida. 20. The entire agreement between the COUNTY and CONSULTANT with respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and written proposals and communications between the COUNTY and CONSULTANT 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 in writing and signed by the party against whom the waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. 21. CONSULTANT agrees to forward to COUNTY along with Notice of Termination or upon receipt of Notice of Termination, depending upon which party terminates the Agreement, copies of all documents in his or her possession of any nature whatsoever related to CONSULTANT'S consultation with COUNTY or obtained thereto, after fees or expenses are paid under this Agreement. 22. Prior to execution of this agreement, CONSULTANT shall furnish COUNTY Certificates of Insurance indicating the minimum professional liability coverage for CONSULTANT and additional time -keepers in the total amount of one million dollars. CONSULTANT 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. 71Page 23. No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation of any member, officer, agent or employee of the Board of County Commissioners of Monroe County in his or her individual capacity; and no member, officer, agent or employee of the Board of County Commissioners of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 24. 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, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provision of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT 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. 25. This Agreement may not be modified in any way without the express, written consent of both parties. Any and all modifications and Amendments of the terms of this Agreement shall be in writing and executed by the Board of County Commissioners for Monroe County and by CONSULTANT in the same manner as this Agreement. 26. CONSULTANT is not authorized to identify COUNTY as a Client, e.g., for purposes of marketing or advertising, without COUNTY'S prior approval. 27. CONSULTANT understands that all files and work product prepared by CONSULTANT or his or her firm at the expense of COUNTY (or for which COUNTY is otherwise billed) is the property of COUNTY. Without COUNTY' S prior written approval, this work product may not be used by CONSULTANT or his or her firm nor disclosed by CONSULTANT or his or her firm to others, except in the normal course of CONSULTANT'S representation and as required by law in this matter. CONSULTANT agrees that COUNTY owns all rights, including copyrights, to materials prepared by COUNTY or by CONSULTANT on behalf of COUNTY to be used by the COUNTY in connection with the above referenced matter only. CONSULTANT shall retain ownership of works, materials, programs, processes, etc., proprietary to CONSULTANT which have been developed or created by CONSULTANT prior to this Agreement or outside the scope of the services for use in its business or provision of services generally. Notwithstanding any provision to the contrary, nothing in this Agreement grants COUNTY any right, title or interest in any intellectual property developed by CONSULTANT prior to the date of this Agreement or outside the scope of services. 81Pa�ze 28. CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall 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 provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 29. COUNTY and CONSULTANT agree that nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 30. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and the COUNTY and CONSULTANT may execute this Agreement by signing any such counterpart. 31. COUNTY and CONSULTANT agree to waive their rights to trial by jury; and further agree that if any dispute or disagreement arises between them they shall first attempt to resolve the dispute or disagreement by a meet and confer session between representatives of each party. If the issue or issues are still not resolved to the satisfaction of both parties, then the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. If the issues are still not resolved any party shall have the right to seek such relief or remedy as may be provided under the Agreement or under Florida law. This Agreement is not subject to arbitration 32. COUNTY and CONSULTANT agree that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 33. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 34. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary county and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. 91P�,�r� 35. COUNTY and CONSULTANT covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 36. At all times and for all purposes hereunder, CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find CONSULTANT or any of the authorized time keepers, to be employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 37. The COUNTY and CONSULTANT warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 38. CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 39. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 40. THIS AGREEMENT will become effective when executed by both the CONSULTANT and executed by the Board of County Commissioners of Monroe County, Florida. 101Page IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized representative on the day and year first written above. SEAL BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk (SEAL) Attest: By: WITNESS for CONSULTANT: By: Print Name: Date: Mayor/Chairman For CONSULTANT: By: Print Name: Title: Date: STATE OF FLORIDA COUNTY OF On this day of 2012, before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Agreement with Monroe County for the purposes therein contained. Notary Public My commission expires: Print Name 11IPag0 Remote User Mercado- Pedro Microsoft Word - KWIA - FTI consultant agmt V2 . 04/17/12 11 :48 AM .........,,,.W... .......... i r "J U"D , PROFESSIONAL SERVICES AGREEMENT BETWEEN MONROE COUNTY AND FrI CONSULTING,INC. THIS AGREEMENT made and entered into this 18 1h day of, 2012, by and between the MONROE COUNTY (hereinafter "COUNTY"), a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West, Florida 33040, and FTI Consulting, Inc. (hereinafter "CONSULTANT), a Maryland Corporation authorized to do business in the state of Florida, with an address of 1375 Piccard Drive, Rockville, Maryland 20854, in order to provide consulting services in the case of The Morganti Group, Inc, vs. Monroe County, Case No. I I-CA- 892-K . WHEREAS, COUNTY desires to continue the services of CONSULTANT to provide expert technical consultation and review of construction documents, contracts, drawings, architectural work and related information in order to provide expert opinion and, if necessary, expert testimony in the above case; and �LWIJEREAS, CONSULTANT desires to provide the services to the COUNTY; NOW -rHEREFORE, in consideration of the mutual covenants and provisions contained herein the parties agree as follows: L CONSULTANT will provide expert consultation and technical advice ill the areas of construction documents, related research, contracts, drawings, architectural work and related infon-nation in order to provide expert opinion, and, if necessary, expert testimony if requested, COUNTY in the above litigation. 2. This Agreement shall become effective upon signature by all parties and shall continue in effect until services are completed or terminated by either party, with or without cause, upon fifteen (15) days written notice to the other party or upon final termination of the litigation. 3. CONSULTANT warrants that CONSULTANT and additional timekeepers do presently have, shall have prior to commencement of work under this Agreement, and at all times during said work, all required licenses and permits whether federal, state, County or City that are applicable to the expertise required under the Agreement. 4. CONSULTANT shall bill COUNTY at the hourly rate and time for approved time keepers. Records of the time expended and description of the service performed by each time- keeper shall be detailed separately on the invoices. Personnel who are not listed as timekeepers will not be paid unless approved in writing by amendment with the same formalities as this Agreement. PROFESSIONAL SERVICES AGREEMENT BETWEEN MONROE COUNTY AND THIS AGREEMENT made and entered into this — day of ___, 2012, by and between the MONROE COUNTY(hereinafter"COUNTY"),a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West, Florida, 33040, and pg�qj,tAM..,,hic. (hereinafter "CONSULTANT), a Maryland Corporation,whc*it-w t n address of, 1375 Piccard Drive, Rockville, Maryland 20854, in order to provide consulting services in the case of The Morganti Group, Inc,vs. Monroe County,Case No. I I-CA-892-K . WHEREAS, COUNTY desires to continue the services of CONSULTANT to provide expert technical consultation and review of construction documents, contracts,, drawings, architectural work and related information. in order to provide expert opinion and, if necessary, expert testimony in the above case; and WHEREAS,CONSULTANT desires to provide the services to the COUNTY, NOW THEREFORE, in consideration, of the mutual covenants and provisions contained herein, the parties agree as follows: 1m CONSULTANT will provide expert consultation. and technical advice in the areas of construction scheduling and delay claims and issues, related research, documents, drawings, and related infon-nation in order to provide expert opinion, and, if necessary, expert testimony if requested,by COUNrY in the above litigations. 2. This Agreement shall become effective upon signature by all parties and shall continue in effect until services are completed or terrninated by either party, with or without cause, upon fifteen(15) days written notice to the other party or upon final temiina.tion of the litigation. 1 3. CONSULTANT warrants that CONSULTANT and additional timekeepers do presently have, shall have prior to comrnencement of work under this Agreement, and at all times during said work, all required licenses and permits whether federal, state, County or City that are applicable to the expertise required under the Agreement. 4. ' CONSULTANT shall bill COUNTY at the hourly, rate and time for approved time keepers. Records of the time expended and description of the service performed by each time- keeper shall be detailed separately on the hivoices. Personnel who are not listed as timekeepers will not be paid unless approved in writing by amendment with the same formalities as this Agreement.