1. 04/17/2013 AgreementAMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: April 24, 2013
TO: Bob Shillinger
County Attorney
ATTN: Kathy Peters
FROM: Pamela G. Hanc k D. C.
At the March 20, 2013, Board of County Commissioner's meeting the Board granted approval
and authorized execution of the following:
Item P4 Retainer Agreement with Allen, Norton & Blue to serve as outside counsel for labor and
employment law matters. Enclosed is a copy for your handling.
Item P5 Professional Services Contract with the firm of Nabors, Giblin & Nickerson, P.A. related
to bond validation and related issues. Enclosed are twoduplicate originals for your handling.
Should you have any questions, please feel free to contact our office.
cc: Finance
File✓
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 -289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ( "Agreement ") is made and entered into this L7 ay of
2013 by and between MONROE COUNTY, hereinafter referred to as Client, and ALLEN,
NORTON & BLUE, P.A., hereinafter referred to as Firm:
WHEREAS, the Client requires certain professional legal services; and,
WHEREAS, the Firm represents that it is capable of providing such Services:
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree
as follows:
ARTICLE 1 - EFFECTIVE DATE
The effective date of this Agreement shall be April 17, 2013.
ARTICLE 2 - SERVICE TO BE PERFORMED
The Firm shall provide legal representation with regard to Labor and Employment Law matters
as requested by Monroe County, up to a maximum of five thousand dollars ($5,000.00).
ARTICLE 3 - COMPENSATION
The Client shall pay the Firm as follows:
FEES:
For all services performed by the Firm, the hourly rates of $250.00 will be paid for services
performed by partners, $250.00 for services performed by associates, and $95.00 for services
performed by paralegals. These rates shall be increased to $265.00 per hour for partners and
associates and to $100.00 per hour for services performed by paralegals commencing January
1, 2014.
COSTS:
Photocopies shall be charged at the rate of $.35 cents per page;
2. Fax receipts or transmittals shall be charged at the rate of $.50 per page;
3. The Firm's actual cost for all other expenses such as lodging, travel expenses, court
reporters, service of process, witness fees, electronic research, postage, overnight delivery, etc.
Travel expenses shall be charged at the rate set forth in Section 112.061, Florida Statutes, on a
travel voucher form supplied by the County.
RETAINER
A retainer will not be required.
BILLING
Ali bills shall be sent to the Client on a monthly basis. All bills shall be paid in accordance with
Florida Government Prompt Payment Act unless there are disputed charges. All billing shall be
done in .10 hour increments.
Each bill will include a total to date figure on individual cases. The bills will list the names of the
attorneys or paralegals working on the matter. Each entry will delineate who has done the work
via initials or some other method.
The Client will receive early and frequent evaluation of all cases. If the client is not likely to
prevail in the litigation, the Client will be advised in order to minimize litigation costs, and settle
the case.
ARTICLE 4 - STANDARD OF CARE
The Firm shall exercise the same degree of care, skill, and diligence in the performance of the
Services as is ordinarily provided by Attorneys under similar circumstances and the Firm shall,
at no additional cost to the Client, re- perform services which fail to satisfy the foregoing
standard of care.
ARTICLE 5 - COMPLIANCE WITH LAWS
In performance of the Services, the Firm will comply with applicable regulatory requirements
including federal, state, and local laws, rules regulations, orders, codes, criteria and standards.
ARTICLES - INSURANCE
During the performance of the Services under this Agreement, the Firm shall maintain
Professional Liability Insurance, which shall be written by an insurance company authorized to
do business in Florida. This insurance shall provide coverage against such liability resulting
from this Contract. The minimum limits of coverage shall be $5,000,000 with a deductible not to
exceed $50,000.
ARTICLE 7 - TERMINATION OF AGREEMENT
Client shall have the right to terminate this Agreement or suspend performance thereof without
cause for the Client's convenience upon written notice to the Firm, and the Firm shall have the
right to terminate or suspend performance of Services upon written notice to the Client and
upon terms consistent with the Rules Regulating the Florida Bar and the State and Federal
Rules of Civil Procedure.
ARTICLE 8 - UNCONTROLLABLE FORCES
Neither the Client nor the Firm shall be considered to be in default of this Agreement if delays in
or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the
exercise of reasonable diligence, the non - performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the non - performing party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which the non - performing party could
have, with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The non - performing party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 9 — DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida. The prevailing party in any proceeding to resolve a dispute under this Agreement shall
be entitled to recover reasonable expenses, including attorney's fees and costs.
IN WITNESS WHEREOF, the Client and the Firm have executed this Agreement as of the day
and year first above written
ALLEN, NORTON & BLUE, P.A.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
Y By: c
Attest:
Amy Heavilin, Clerk
b
Deputy Clerk
Name: George R. Neugent
Title: Mayor /Chairman
04/17/2013
MONROE COUNTY ATTORNEY
AP OV D A�TA FARM:
L. HALASSTS 4YNTHIA
NT COUNTY ATTORNEY
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A,� ° CERTIFICATE OF LIABILITY INSURANCE
3/13/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement (s).
PRODUCER NAME:._
Seitlin, A MarshaNCLenn PHONE an Agency LLC Co FAM
(305) 591 0090 Al,Nq {786) 662-6227
9850 NW 41st Street, Suite 100MAILEKt) f ) .............. _ .,... ,
Miami PL 33178 ADDRESS _ .............. --
INSURED
Allen, Norton & Blue, P.A.
121 Majorca Ave.
Coral (cables FL 33134
INSURER A: Endurance American Specialty I ) 41718
INSURER C
COVERAGES CE RTIFICATE NUMBER: Cert ID 33145 REVISION NUMB
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIVU
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SH MAY HAV BEEN REDUCED BY PAID CLAIMS.
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E L. DISEASE - POLICY LIMIT
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Errors & Omissions
PPL10003237101
6/24/2012
6/24/2013
Each Claim/ $ 5,000,000
Aggregate
Deductible $ 25,000
DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Ir more space Is required)
Michael Mattimore and Luke Savage are included as a covered attorneys on the policy. Proof: of
Insurance only.
CERTIFICATE HOL UANUhLLAIIUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
'`#1 ' CERTIFICATE OF LIABILITY INSURANCE DAT 3 /13/ 01Y
/13/3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement (s).
PRODUCER C
NAME:
Seitlin, A Marsh &McLennan Agency LLC Co PHONE FAX
9850 NW 41st Street, Suite 100 tVC,N4..Ext1,,, (305) 591 9 .1. 0 1.111, C (N %Na) (786) 662 6227
MAIL
Miami FL 33178 ADDRESS
INSURER(Sf
INSURER Endurance American Snecialtv I 41718
INSURED
Allen, Norton & Blue, P.A.
121 Majorca Ave.
Coral Gables FL 33134
INSURER C
INSURER E:
f`A \/CDAl�'CCt !`CgTICIf_ATP rdiiMRCR- r.rr Tn 11a1AR RFVISInN N"MRFR*
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I IEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO MAY HA VE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTI OF OPERATION below
E,L DISEASE POLICY LIMIT
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Errors & Omissions
PPL10003237101
6/24/2012
I 6/24/2013
Each Claim/ $ 5,000,000
Aggregate
Deductible $ 25,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required)
Michael Mattimore and Luke Savage are included as a covered attorneys on the policy. Proof of
Insurance only.
CERTIFICAT HOLDER GANGELLATIVN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD