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HomeMy WebLinkAbout2006-365 AGREEMENT FOR PROFESSIONAL LEGAL SERVICES BETWEEN INDIAN RIVER COUNTY, FLORIDA AND DORMAN & GUTMAN , P . L. THIS AGREEMENT is entered into at Indian River County, Florida , on this 24th day of October, 2006, by and between INDIAN RIVER COUNTY, FLORIDA, hereinafter referred to as the "County") , with its address at 1840 25`h Street, Vero Beach , Florida 32960, and Dorman & Gutman , P . L. , hereinafter referred to as the "Firm " , the address of which is 305 South Brevard Street Suite 100, Tampa , Florida 33606 . WHEREAS , the County is pursuing the acquisition of several real estate parcels through eminent domain proceedings throughout Indian River County , Florida ; and WHEREAS , the County requires legal representation to pursue these eminent domain cases, and WHEREAS , the Firm has the requisite training and experience to fully and ably represent the County in said proceedings and related negotiations . NOW, THEREFORE , in consideration of the mutual covenants , promises , and representations herein contained , the County and the Firm agree as follows : ARTICLE I . SCOPE OF SERVICES . The Firm shall provide legal services to the County in connection with eminent domain and the voluntary and involuntary acquisition of property for various County facilities . Such legal services shall be requested and assigned by the County Attorney, or his designee , and performed in the manner prescribed by the County Attorney. At all times relevant to this Agreement, the Firm and its employees shall be independent contractors and not considered employees of the County for any purpose . ARTICLE ll . PERIOD OF AGREEMENT. This Agreement shall take effect from the date of execution by both parties and shall terminate at the conclusion of the services provided hereunder, unless earlier cancelled as hereinafter provided . ARTICLE III . COMPENSABLE EXPENSES . A. The County shall pay the Firm as consideration for legal services rendered pursuant to this Agreement an hourly rate of One Hundred Eighty Five Dollars ($ 185 . 00) for lawyers and Seventy Dollars ($70 . 00) per hour for all paralegal services performed on behalf of the County . B . Reimbursement shall be made by the County to the Firm for reasonable out-of-pocket expenses , without mark-up or addition of an overhead or general and administrative factor, including , but not limited to , long distance calls , copying or reproducing documents , postage , court costs, appeal expenses , parking costs , witness fees , and discovery costs, incurred by the Firm in the performance of its duties hereunder. Copies shall be reimbursed at the rate of $ . 25 per page and facsimile and scanning at $ . 25 per page . The county will contract directly with experts needed by the Firm to properly represent the County in eminent domain proceedings . ARTICLE IV. PAYMENTS . The Firm shall submit invoices to the County on a monthly basis and on each invoice provide a detailed description of the services performed and the date thereof. Original receipts for non- in-house expenses must be submitted with each invoice. Upon receipt and verification of such statements the County shall pay the Firm as promptly as possible . ARTICLE V. FIRM'S REPRESENTATION OF OTHER CLIENTS ; CANCELLATION OF AGREEMENT. The Firm may represent a client with an interest adverse to the County if the County consents in writing to the representation of such other client after full disclosure of the possible effect of such representation on the exercise of his independent professional judgment on behalf of the County. Consequently, the Firm 's representation of County in matters shall not be deemed to constitute a conflict affecting the Firm's general ability to represent clients before the County, except as to matters directly involving or substantially related to the legal services rendered pursuant to Article I . The Parties may cancel or terminate this Agreement upon thirty (30) days advance written notice . In the event of cancellation , the Firm shall cease work hereunder and shall be compensated for billable hours of service and reimbursement for eligible and documented reimbursable expenses incurred prior to the effective date of cancellation , as approved by the County. In the event of termination , the Firm shall transmit the file(s) to a firm designated by the County within five days . ARTICLE VI . NONASSIGNABILITY. The Firm may not assign this Agreement, in whole or in part . ARTICLE VII . MODIFICATION , AMENDMENT OR EXTENSION . This Agreement may not be modified , amended or extended verbally or by conduct but only by a writing duly executed by the parties as prescribed by law. ARTICLE VIII . STATEMENT OF ASSURANCE REGARDING COMPLIANCE WITH CIVIL RIGHTS LEGISLATION During the performance of this Agreement, the Firm herein assures the County that the Firm is in compliance with Title VII of the 1964 Civil Rights Act, as amended , and the Florida Human Rights Act of 1977 . The Firm does not , on the grounds of race color, national origin , religion , sex age, handicap or marital status discriminate in any form or manner against the Firm 's employees or applicants for employment . The Firm understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance . Furthermore , the Firm herein assures the County that the Firm will comply with Title VI of the Civil Right Act of 1964 , as amended , when Federal grant(s) are involved . Other applicable Federal and State laws , executive orders and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto . This Statement of Assurance shall be 2 interpreted to include Vietnam Era Veterans and Handicapped persons within its protective range of applicability. ARTICLE IX . HEADINGS . All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the day and year first above written . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Y �1 Deputy Clerk to the Board of County Commissioners The Honorable Arth - r Chairman of the Boar .lqf• ' + qty mitossioners BCC Approved : Octobefsx,�4 � - -209 ' DORMAN & GUTMAN , P. L . By : YL4 , � ,, ,I &'N- , Mary Jewell Porfian , Manager By : Ja N . Gut a , Manager APPROVED AS TO FORM AND L� qAL SUE % By ///07 WILLIAM K. DEBRAAL ASSISTANT COUNTY ATTORNEY J