Item Q14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16. 2007 - KL
Bulk Item: Y es ~ No
Division: County Attorney
Department:
Staff Contact Person: Suzanne Hutton x 3470
AGENDA ITEM WORDING:
Approval of contract with Robert Tischenkel, Esquire, limited to services of preliminary review of
Municode analysis and advice as to corrections, deletions and revisions.
ITEM BACKGROUND:
The County entered into a contract with Municipal Code Corporation to republish a revised Code Book
after analyzing existing Code provisions, internal inconsistencies and inconsistencies with state
statutes. The County Attorney's office still must review all of the noted problems and ascertain the
validity of the stated inconsistency, redundancy or obsolescence. Since the time that the Municode
contract was entered, the County's attorneys have become immersed in a number of ongoing issues
including contractual problems with the Key West Airport and the Freeman Justice Building. The
Assistant County Attorney originally assigned to the codebook project has been assigned to Growth
Management. The anticipated hire of a new attorney for Growth Management will not alleviate Ms.
Grimsley's responsibilities to that department significantly for a number of months after the new hire
occurs. In order for the contracted work with Municode to be completed, the County Attorney's office
needs additional in-house staff, outside counsel services for a short period of time, or the workload
involving all the construction projects greatly reduced. Mr. Tischenkel, in his service as the City
Attorney, conducted the exact same review for the City of Key West Code Book as is required for the
County Code Book. It is desired to complete this project in the most economical and efficient manner,
which hiring Mr. Tischenkel it is considered to be.
PREVIOUS RELEVANT BOCC ACTION:
Contract for republication of County Code approved April 19, 2006.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: Less than $16,000
BUDGETED: Yes X
No
COST TO COUNTY: $150 per hour
REVENUE PRODUCING: Yes
SOURCE OF FUNDS:
No~
AMOUNTPERMONTH~ Year ~
APPROVED BY: County Atty ~ OMBlPurchasing _Risk Management _
DOCUMENTATION:
Included xx
Not Required_
DISPOSITION:
AGENDA ITEM #
AGREEMENT BETWEEN MONROE COUNTY
and
ROBERT T1SCBENKE~ ESQUIRE.
This Agreement is made and entered into, on the date last below written, by and between
the MONROE COUNTY BOARD of COUNTY COMMISSIONERS, 500 Whitehead Street,
Key West, FL 33040 (hereinafter referred to as "COUNTY"), and ROBERT TISCHENKEL,
ESQUIRE (hereinafter referred to as "ATTORNEY"),
1. RECITALS.
1.1 On April 19, 2006, COUNTY contracted with Municipal Code Corporation to
republish the County Code, a process which includes but is not limited to re-organization of the
existing Code and ordinances enacted subsequent to the existing Code, a legal review & statutory
reference table to eliminate duplications, inconsistencies and obsolete provisions, consultation
regarding corrections needed to effect the elimination of same, editorial work, publication of the
new Code after its approval by the County, and placement of the Code on the Internet.
1.2 The process started under the contract requires the COUNTY's attorney to review the
re-organized Code and notes concerning duplications, inconsistencies and obsolete provisions in
order to determine the changes which should be made during the process, and which suggested
changes should not be incorporated into the republication for any reason, including but not
limited to reasons for having certain statutes reiterated in the County Code due to things such as
lack of state agencies' enforcement of the state laws.
1.3 Due to the numerous COUNTY projects which have co-opted the in-house attorneys
to handle issues unforeseen at the time of contracting with CONTRACTOR, there is insufficient
staff to do the review necessary to work with the CONTRACTOR in resolving the issues of
redundancy, inconsistency, and obsolescence.
1.4 ATTORNEY conducted the same type of review for the City of Key West Code
Book republication while serving as the City Attorney for the City of Key West.
1.5 COUNTY, in order to bring the project to completion, desires to contract with
ATTORNEY to conduct the basic review required of the COUNTY's attorney.
NOW TIIEREFORE, the parties agree as follows:
2. SERVICES
2.1 ATTORNEY shall perform professional services which shall include preliminary
review ofMUNICODE analysis and provide to County Attorney advice as to corrections,
deletions and revisions.
2.2 ATTORNEY and COUNTY agree that time is of the essence and that the work shall
be done no later than July 15,2007, unless extended by County Attorney for a period not to
exceed two weeks if the review process becomes more cumbersome than anticipated. Said
extension shall not increase the maximum amount payable under this agreement unless the
Tischenkel 05/16/2007
1
increased amount is approved by the COUNTY Commission in a written amendment to this
agreement.
3. FEES.
3.1 The COUNTY shall pay ATTORNEY at the rate of One Hundred Fifty Dollars
($150.00) per hour for services under this Agreement, limited to a maximum of Sixteen
Thousand Dollars ($16,000.00).
3.2 No travel expenses shall be paid under this Agreement.
4. TERMJTERMINATION.
4.1 The term of this Agreement shall commence, retroactive to, the 26th day of April,
2007, and continue until no later than July 29,2007, as noted in Section 2.2 above.
4.2 This Agreement may be terminated by either party, with or without cause, by written
notice to the other party of the intent to terminate. Such termination shall be effective
immediately upon receipt of such written notice of intent to terminate. However, no termination
for cause will be effective unless the defaulting party is first given ten (10) calendar days after
receipt of notice of intent to terminate in which to cure the cause for termination.
4.3 In the event of termination, Contractor shall be entitled to compensation for services
rendered through the effective date of termination. All finished or unfinished documents
prepared by Contractor shall become the property of the COUNTY and shall be delivered by
ATTORNEY to the COUNTY immediately upon the effective date of termination.
5. METHOD OF BILLING AND PAYMENT.
5.1 ATTORNEY shall submit billings for payment of services actually rendered on a
monthly basis to the County Attorney for processing. Billings shall provide the nature of the
services performed and shall include a summary of any amounts previously billed and any
credits for amount previously paid.
5.2 ATTORNEY acknowledges that each billing must be reviewed and approved by the
County Attorney and the County Finance Office. Should the County Attorney and the County
Finance Office determine that the billing is not commensurate with services performed, work
accomplished or hours expended, ATTORNEY shall adjust billing accordingly. However,
ATTORNEY shall be entitled to payment of any portion of a billing not in dispute.
5.3 The COUNTY shall pay ATTORNEY's billings in accordance with Section 218.70
through 218.79, Florida Statutes, the Local Government Prompt Payment Act.
6. STANDARDS AND CORRECTIONS ERRORS. ATTORNEY shall perform
professional services in accordance with the generally accepted standards of ATIORNEY's
Tischenkel 05/16/2007
2
profession and in accordance with any laws, statutes, ordinances, codes, rules and regulations
governing ATTORNEY's services hereunder.
7. NO CONTINGENT FEES. ATTORNEY certifies that ATTORNEY has not employed
or retained any company or person, other than a bona fide employee working solely for
ATTORNEY, to solicit or secure this Agreement and that ATTORNEY has not paid or agreed to
pay any person, company, individual or firm, other than a bona fide employee working solely for
ATTORNEY, 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 this
provision, the COUNTY shall have the right to terminate the Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
8. NO ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances by ATTORNEY without the prior
written consent of the COUNTY. Further, no portion of this Agreement may be performed by
subcontractors or sub-consultants without written notice to and approval of such action by the
COUNTY.
9. 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.
10. GOVERNING LAWNENUE. This Agreement shall be governed and construed in
accordance with Florida law. In the event litigation arises involving the parties in connection
with this Agreement, venue for litigation shall be in Monroe County, Florida.
11. INDEPENDENT CONTRACTOR STATUS. ATTORNEY is an independent
contractor and is not an employee, servant, agent, partner or joint venturer of Monroe County.
IN WITNESS WHEREOF, the parties hereto have caused the execution of these
premises as of the May 16, 2007.
ROBERT TISCHENKEL, ESQ.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
w-t,'cW
Signature of Contractor
46 Spoonbill Way #1
Key West, FL 33040.
By:
MAYOR MARIO DIGENNARO
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Tischenkel 05/16/2007
3
Date