Resolution 062-1999
062
RESOLUTION No. -1999
A RESOLUTION APPROVING THE ASSIGNMENT OF
THE RETAINER AGREEMENT WITH THE LAW FIRM OF ~ f: :g ."
-- ;::=
APGAR & PELHAM TO ROBERT C. APGAR. Ig("");':; i:' ,..,.
f"Tl ~.:~ ::0 0
("") . r- ,
0(""). - 0'"
c:-
WHEREAS, Monroe County entered into a one-year agreement wit~fR~laVtbfirrTPof
Apgar & Pelham on August 12, 1998, for legal services in matters related ~~ Y~r iij10
Comprehensive Plan; and, r- C"> .. g
'!> I'l1 ~ ;:0
WHEREAS, this agreement specifies that Robert C. Apgar, a partner in the fi~ of
Apgar & Pelham, shall be the lead counsel; and,
WHEREAS, Robert C. Apgar and Thomas G. Pelham, the sole partners in the law firm
of Apgar & Pelham, have decided to end their partnership effective December 31, 1998; and,
WHEREAS, Robert C. Apgar and Thomas G. Pelham have mutually agreed in a
notarized Assignment duly dated and signed on December 30, 1998, to assign all right, title,
and interest held by the law firm of Apgar & Pelham in the agreement for legal services
between Apgar & Pelham and Monroe County, to Robert C. Apgar, effective January 1, 1999;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it
approves the assignment of the retainer agreement between the law firm of Apgar & Pelham to
Robert C. Apgar.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 10th day of February, A. D., 1999.
Mayor Wilhelmina Harvey yes
Mayor Pro Tem Shirley Freeman yes
Commissioner George Neugent yes
Commissioner Mary Kay Reich yes
Commissioner Nora Williams yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~,"'''.1\
. \".-::;;',~
By. "_' ~.
Mayor/Chairman
BY
APPRO
AND LE
ASSIGNMENT
WHEREAS, on August 12, 1998, Monroe County entered into a one year contract for legal
services in matters relating to the Year 2010 Comprehensive Plan with the law firm of Apgar &
Pelham; and
WHEREAS, the contract specifies that Robert C. Apgar, a partner in the firm of Apgar &
Pelham shall be lead counsel; and
WHEREAS, Robert C. Apgar and Thomas G. Pelham, the sole partners in the firm of Apgar
& Pelham, have decided to end their partnership effective December 31, 1998; and
WHEREAS, Robert C. Apgar and Thomas G. Pelham agree that Robert C. Apgar should
continue to provide legal services to Monroe County under the current contract;
NOW, THEREFORE,
Robert C. Apgar and Thomas G. Pelham hereby assign all right, title and interest held by the
law firm of Apgar & Pelham in the contract for legal services between Apgar & Pelham and Monroe
County, a copy of which is attached hereto as Exhibit "A", to Robert C. Apgar, effective January
1, 1999.
Dated this 30th day of December 1998.
APGAR & PELHAM
STATE OF FLORIDA)
COUNTY OF LEON )
CY
BY
Sworn to (or affirmed) and subscribed before me this 30th day of December 1998 by Thomas
G. Pelham and Robert C. Apgar, both of whom are personally known to me.
~' _..."v' l>' '-
~ ,......';...;.'....'1. ,).(<'<'(l.>:'id.i("'l"-\'':':\''i',(''((~':;'
NOT , i~~~~i~~\ Joanne W. Leslie :i
.5:'-,..'6'\ i Notaly Public, State of Florida :<;.
'( \~~~/ Commission No. CC 627447 '1
:\ ....~...... My Commission Exp. 04/03/2001 '~
1 ~
',.>)))))}}}}})))}}}m}))}))))))))))})))>>)))})))))' :
RETAINER AGREEMENT
WHEREAS, Monroe County desires legal counsel to represent it from time to time in
matters relating to the Year 2010 Comprehensive Plan, as determined by, and when requested
by, the Director of Growth Management; and
WHEREAS, the law firm of Apgar & Pelham, 909 E. Park A venue, Tallahassee,
Florida 32301, represents that it is professionally qualified to represent Monroe County in the
above-described matters; and
WHEREAS, Monroe County desires to employ Apgar & Pelham to represent it in such
matters for one year, beginning on the date that this Agreement is executed; and
NOW, THEREFORE,
WITNESSETH
Monroe County and Apgar & Pelham, in exchange for the covenants and promises herein
contained, mutually agree as follows:
1. Apgar & Pelham shall diligently and zealously represent Monroe County 10
matters relating to the Year 2010 Comprehensive Plan when requested by the Director of
Growth Management.
2. Robert C. Apgar shall be lead counsel for the firm, with the assistance of
associate attorneys and legal assistants as necessary to provide high quality representation.
3. Monroe County shall compensate Robert C. Apgar at the rate of $150.00 per
hour, associate attorneys at the rate of $125.00 per hour, and legal assistants at $35.00 per hour.
Monroe County shall reimburse Apgar & Pelham for reasonable, documented, out-of-pocket
costs and travel expenses. The total amount of fees and costs payable under this agreement shall
not exceed $30,000 unless specifically approved by the Board of County Commissioners.
EXHIBIT
I A
4. Apgar & Pelham shall invoice Monroe County monthly through the Director of
Growth Management for services rendered and expenses. The Director of Growth Management
shall certify the invoice for payment by the clerk. Payment shall be made within forty-five (45)
days of receipt of statements.
5. This Agreement shall be effective for a term of one year commencing on the date
of the last party affixing its signature hereto, unless sooner terminated, or unless modified or
amended by mutual consent of the parties. Either party may terminate this Agreement, with or
without cause, with thirty (30) days written notice.
THIS AGREEMENT shall take effect upon the date of the last party affixing its
signature '~[eto.
,.,.,.' ,.,'
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
" ., "" YJ'
;, /'", .\' ',;:, \ I.
t "" ......:-... ]
~.'" \' r'........ .* \ ,:-.,"~~; .
'\ ~..' -~ ,', \: J, t, l<o\ "o.ca....
\~ny L.~e. Clerk
. e;..
~~-
c;s'/r~'/1 r
I I
](,~~~ ,
APPROVED AS TO FORM
~GAL _
I' .,~
B'
By:
~
Date:
2