Item P02Meeting Date: 5/21/08 - KL
Bulk Item: Yes X No
BOARD OF COUNTY COMMISSION
AGENDA ITEM SUMMARY
Division County Attorney's Office
Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING:
Approval to terminate contract with Richard Fowler, Esq. to serve as an Alternative Code Enforcement
Special Master.
ITEM BACKGROUND:
On December 18, 2002, the County entered into a Professional Services Contract with Richard Fowler,
Esq. to serve as an Alternate Code Enforcement Special Master in certain cases where the primary
Special Master must recuse himself The County has since moved to the State of Florida Division of
Administrative Hearings and an Alternate Code Enforcement Special Master is no longer required by
the County for this purpose. The contract provides for a 30-day written termination notice by either
party.
PREVIOUS RELEVANT BOCC ACTION:
12/18/2002 BOCC approved Professional Services Contract.
CONTRACT/AGREEMENT CHANGES:
Termination.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
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 RICHARD FOWLER, whose address is 323
Fleming Street, Key West, FL 33040, 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 COUNTY desires to employ the above -named attorney to perform the
duties of an alternate Code Enforcement Special Master;
WHEREAS, the ATTORNEY represents that he or she has been a member of the
Florida Bar for more than S 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 recusaI 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:
The Attorney understands that he or she is one of several alternate Code
Enforcement Special Masters approved by the Board of County Commiissioners.
The Attorney 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 or 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
manner on the assigned cases. All hearings must be held in County owned
facilities on regular business days during regular business hours. The
ATTORNEY 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 ATTORNEY 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 ATTORNEY within 15 business days of the County Administrator's or his
designee's, receipt of the bill.
5. The ATTORNEY is employed as an alternate Code Enforcement Special Master
at the pleasure of the COUNTY'S Board of County Commissioners. 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 ATTORNEY for all services
performed --but unpaid - up to the date of the ATTORNEY'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
parties.
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 ATTORNEY 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 ATTORNEY with at least 15 days
notice of any scheduled hearing.
8. The ATTORNEY warrants that he has 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. All 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 term 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 have 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 Statement. 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 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
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a bid oh 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.
(SEAL)
Attest: DANNY L. KO(n�LHAGE, CLERK
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIA
By /14'�; 111-17. acw�
The Honorable Dixie M. Spehar, Mayor
Date
PP OVED O FORM
A CY
BY TORN ' OFFICE
DATE �" f 0
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