Item L3
LAND AUTHORITY GOVERNING BOARD
AGENDA ITEM SUMMARY
Meeting Date: October 15, 2003
Bulk Item: Yes No X
Department: Land Authority
Agenda Item Wording: Approval of a contract with Larry R. Erskine to provide legal services.
Item Background: Mr. Erskine has served as legal counsel and provided real estate closing services
for the Land Authority since 1987 via a series of contracts. The terms of Mr. Erskine's compensation
have not increased during this 16-year period. The current contract with the firm of Meyer & Erskine
expires October 19, 2003. The Executive Director, with input from the County Attorney, has negotiated
a new 3-year contract with Mr. Erskine in accordance with the attached documentation for consideration
by the Board.
Advisory Committee Action: N/A
Previous Governing Board Action: The Board approved the current contract for legal services on
October 19, 2000.
Contract/Agreement Changes: Changes from the current contract include insurance requirements,
hourly rate, certain closing fees, and the provision of office space/equipment. There is no change in
annual limit ($17,500) for hourly charges. See attached summary.
Staff Recommendation: Approval.
Total Cost: $17,500/year + closing fees Budgeted: Yes -.2L. No
Cost to Land Authority: $17,500/year + closing fees Source of Funds: Land Authority
(Tourist Impact Tax and State Park Surcharge)
Approved By: Attorney ~
County Land Steward
Executive Director Approval:
~~ch
Documentation: Included: X
To Follow:
Not Required:
Disposition:
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!E L-
O.E
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is made and entered into this day of ~_~, 2003, by and
between the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
(hereinafter "AUTHORITY"), 1200 Truman Avenue, Suite 207. Key West, FL 33040, and
Larry R. Erskine, Esq. (hereinafter "FIRM"), 31211 Avenue A, Big Pine Key, FL 33043.
WITNESSETH:
WHEREAS, the AUTHORITY has previously contracted with FIRM to provide legal counsel
for over ten years; and
WHEREAS, the AUTHORITY desires to enter into a new contract with FIRM for another term;
and
WHEREAS, the FIRM is willing to continue to represent the AUTHORITY;
NOW, THEREFORE, in consideration of the mutual promises contained in this contract the
parties agree as follows:
1. SCOPE OF SERVICES.
A. FIRM shall provide the following services:
i) Legal opinions and general counseling to the AUTHORITY, its Executive
Director, and its Advisory Committee;
ii) Drafting and review of rules and other documents as requested by the
Executive Director of the Land Authority;
iii) Attendance at each scheduled meeting of the AUTHORITY and its Advisory
Committee;
iv) The FIRM will handle the closings on all properties acquired and sold by the
AUTHORITY.
B. BOND ISSUES. If the AUTHORITY elects to issue bonds, the FIRM, at the discretion
of the AUTHORITY, may act as counsel and ifso shall be paid in the general manner and
amount customary to the industry.
C. LITIGA nON It is not anticipated that litigation will be necessary. Should the need
arise, the FIRM shall handle the litigation at its customary hourly rate to the extent
directed by the AUTHORITY.
D. LOBBYING - The duties of the FIRM specifically do not include lobbying before the
Legislature of the State of Florida.
E. OFFICE SPACE - The AUTHORITY shall provide suitable office space, utilities,
telephone service, custodial serVIce, postage, office supplies, photocopy equipment,
furniture, and office equipment as necessary for the FIRM's work pursuant to this
contract.
2. TERM. The term of this agreement is October 20,2003, through October 19, 2006.
3. PAYMENT.
A. For all of the above services, except closings, litigation, and bond related services, a fee of
two hundred twenty-five dollars ($225.00) per hour shall be paid by the AUTHORITY to the
FIRM. Expenses shall be billed monthly as accumulated. Bond work is covered by
Paragraph lB above, and litigation by Paragraph lD above. The AUTHORITY shall pay the
FIRM an amount not to exceed $17,500 per year for services under this contract, excluding
closing fees and related charges set forth in Paragraph 3B, below.
B. Closing fees for each transaction shall be five hundred dollars ($500.00) plus the cost for an
owners' title insurance policy at the promulgated rates shown in Attachment A. These fees
shall be collected at and as a cost of closing.
C. No travel expenses shall be paid for routine travel to and from the sites of the hearings and
normal office supplies consumed in the course of representation will not be reimbursable.
D. The FIRM shall submit all bills to the AUTHORITY'S Executive Director, or his designee,
for review by the tenth of each month for services performed during the previous month. The
bill shall be in a form satisfactory to the AUTHORITY'S Executive Director. Payment of
approved bills shall be made to the FIRM within the time required by the Florida Prompt
Payment Act.
4. TERMINATION.
A. The FIRM serves at the pleasure of the AUTHORITY. The AUTHORITY may terminate
this contract by providing the FIRM with written notice of termination. Upon receipt of
the notice or upon any later effective termination date described in the notice, the FIRM
shall immediately cease performing any further services under this contract. The
AUTHORITY will remain obligated to pay the FIRM for all service performed but
unpaid up to the date of the FIRM'S receipt of the notice or such later effective date
specified by the AUTHORITY, provided that compensation for services shall not be
terminated sooner than thirty (30) days after the date of written notice unless mutually
agreed to, in writing, between the parties.
B. The FIRM 'may terminate this contract by giving the AUTHORITY at least thirty (30)
days written notice. The FIRM shall be paid for all services performed but unpaid up to
the effective date of termination.
2
5. STANDARDS AND CORRECTIONS
A. The FIRM shall perform or furnish professional services in accordance with the generally
accepted standards of the FIRM's profession or occupation and with any laws, statutes,
ordinances, codes, rules and regulations governing the FIRM's services hereunder.
B. The FIRM shall, without additional compensation, correct and revise any errors,
omissions, or other deficiencies in the FIRM's work product, services, or materials
arising from the negligent act, error or omission of the FIRM. The foregoing shall be
construed as an independent duty to correct rather than waiver of the AUTHORITY's
rights under any applicable statute of limitations. The review of, approval of, or payment
for any of the FIRM's work product, services, or materials shall not be construed to
operate as a waiver of any of the AUTHORITY's rights under this Agreement, or cause
of action the AUTHORITY may have arising out of the performance of this Agreement.
6. CONFLICTS OF INTEREST
A. The FIRM will not represent parties before the AUTHORITY, the Monroe County
Commission, or their staff in any matters related to the Land Authority during the term of
this contract. However, the FIRM shall be permitted to represent clients before the
Monroe County Commission and its staff in matters unrelated to the Land Authority.
B. The FIRM shall notify the Executive Director of the AUTHORITY of any conflict of
interest, which would preclude FIRM from representing AUTHORITY. Further, the
FIRM shall notify the Executive Director of the AUTHORITY should the FIRM
determine that additional counsel needs to be retained to assist the FIRM in its
representation of the AUTHORITY.
C. During any hours the FIRM provides services to AUTHORITY, the FIRM shall devote
its full time and effort to the services being performed for the AUTHORITY. The FIRM
shall truthfully and accurately maintain all records and make such reports as the
AUTHORITY may require.
7. INSURANCE. Recognizing that the work governed by this contract involves the furnishing
of advice or services of a professional nature, the FIRM shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
damages resulting from any claim arising out of the performance of professional services or
any error or omission of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$500,000 per Occurrence/$l ,000,000 Aggregate.
3
written consent of the AUTHORITY. Further, with the exception of title searches, no portion
of this Agreement may be performed by subcontractors or sub-consultants without written
notice to and approval of such action by the AUTHORITY.
9. ANTI-SOLICITATION. The FIRM warrants that it has not employed, retained or otherwise
had act on its behalf any former County officer or employee subject to the prohibition of
Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
AUTHORITY 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.
10. DELIVERY. All written notices required under this contract shall be considered to have
been delivered and received if hand delivered or sent by certified U.S. Mail or a nationally
recognized courier service to the addresses first written above.
11. VENUE. GOVERNING LAW. AND ATTORNEYS FEES. Venue for any litigation arising
out of or under this agreement shall be in Monroe County, Florida. The governing law shall
be that of the State of Florida. 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. 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 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 of36 months from the date of being placed on the convicted
vendor list.
4
13. SEVERABILITY /NO WAIVERS. In the event any provision of this Agreement shall be held
invalid and unenforceable, the remaining provisions shall be valid and binding upon the
parties. One or more waivers by either party of any breach of any provision, term, condition
or covenant shall not be construed by the other party as a waiver of any subsequent breach.
IN WITNESS WHEREOF, the parties hereto have set their signatures the date first above
written.
Attest:
MONROE COUNTY LAND AUTHORITY
By:
Mark J. Rosch, Executive Director
By:
Murray E. Nelson, Chairman
LARRY R. ERSKINE
By:
Larry R. Erskine, Esquire
5
LAND AUTHORITY RATE SHEET
Effective: October 20, 2003
PROMULGATED RATES FOR TITLE INSURANCE
POLICY AMOUNT
PREMIUM
POLICY AMOUNT
$17,000
$18,000
$19,000
$20,000
$21,000
$22,000
$23,000
$24,000
$25,000
$26,000
$27,000
$28,000
$29,000
$30,000
$31,000
$32,000
$33,000
$34,000
$35,000
$36,000
$37,000
$38,000
$39,000
$40,000
$100.00
$103.50
$109.25
$115.00
$120.75
$126.50
$132.25
$138.00
$143.75
$149.50
$155.25
$161.00
$166.75
$172.50
$178.25
$184.00
$189.75
$195.50
$201.25
$207.00
$212.75
$218.50
$224.25
$230.00
$41,000
$42,000
$43,000
$44,000
$45,000
$46,000
$47,000
$48,000
$49,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
PLUS THE FOLLOWING FEES:
TITLE SEARCH AND TITLE EXAMINATION FEE
ATTORNEY FEE
$125.00
$500.00
FOR CLOSINGS BETWEEN $100,000 AND $1,000,000, TITLE INSURANCE
PREMIUMS ARE BASED ON $5.00 PER $1,000.
PREMIUM
$235.75
$241.50
$247.25
$253.00
$258.75
$264.50
$270.25
$276.00
$281.75
$287.50
$345.00
$402.50
$460.00
$517.50
$575.00