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Fr- -7 <br />MAY 8 1990 <br />BOOK 80 FACE 75 <br />TO: James E. Chandler, <br />County Administrator <br />FROM: James W. Davis, P.E., CR <br />Public Works Director <br />SUBJECT: Indian River Boulevard Phase 3 - <br />Agreement for Professional Services - <br />Expert Witness Services - Boyle Engineering Corp. <br />DATE: May 1, 1990 <br />DESCRIPTION AND CONDITIONS <br />Staff is currently meeting with legal and environmental <br />consultants (Boyle Engineering Corp) to prepare for the <br />Florida DER FS Chapter 120 Administrative Hearing on the <br />FDER Dredge and Fill Permit for Indian River Boulevard Phase <br />III. The hearing will be held in the City of Vero Beach <br />City Hall Chambers on June 5-7, 1990. The attached <br />agreement provides for Boyle Engineering Corp. to provide <br />expert witness service at $900 per day per person. It is <br />anticipated that approximately five days of depositions and <br />expert testimony services will be required, in addition to <br />preparation for testimony. <br />RECOMMMU DATIONS AND FUNDING <br />It is recommended that the subject Agreement be approved and <br />the Chairman be authorized to execute it. Funding to be <br />from Fund 309, Indian River Boulevard North. <br />Chairman Eggert wished to know why the expert witness is <br />more costly than all of the other of Boyle's personnel as listed <br />on their chart of hourly rates. This is $900 per day, and she <br />believed there is supposed to be just one person. <br />Administrator Chandler noted that it was supposed to be a <br />flat fee for the company, and Attorney Vitunac referred to the <br />last paragraph of Exhibit A of the same contract in which they <br />did their other hourly rates and pointed out that said for Expert <br />Witness - $900 a day. <br />Commissioner Bowman believed that charge is not for the use <br />of one person but for the use of their whole staff. <br />Administrator Chandler agreed that it is all encompassing, <br />but it amounts to $900 per person per day, and at this point in <br />time, they are estimating 5 days maximum and one person. <br />Chairman Eggert felt we should be careful to watch out for <br />things such as this in the future. <br />72 <br />