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2. 05/21/2014 AgreementAMY REAVILIN, CPA CLERK Of CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: June 24, 2014 TO: Roman Gastesi County Administrator ATTN. Connie Cyr FROM. • Vitia Fernandez, D. At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item 04 Enter into a Retainer Agreement with Allen, Norton and Blue to serve as outside counsel for labor and employment law matters. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney (electronic copy) Finance (electronic copy) 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 is made and entered MONROE COUNTY, hereinafter referred hereinafter referred to as Firm: A a A into this / day of — Z 2 d/�by and between to as Client, and ALLEN, RTON & BLUE, P.A., 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, 2014. 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 ten thousand ($10,000.00) dollars. ARTICLE 3 - COMPENSATION The Client shall pay the Firm as follows: FEES: For all services performed by the Firm, the hourly rates of $265.00 will be paid for services performed by partners, $265 .00 for services performed by associates, and $100.00 for services performed by paralegals. 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 All 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. ARTICLE 6 - 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. Name: Robert L. Norton Title: ��IC��t i �11� f ►PX w ac M 0 Lt. C3 W J MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Name: Sylvia J. Murphy MONROE COUNTY ATTORNEY V , cv Q PRO ED A T F RM: '>: J CYNTHIA L. ALL .Qx ASSI ANT COUNTY ATTORNEY ":,� c�c Date_._'.: N Z -�-% W v- G o e.r g Name: Sylvia J. Murphy :ti r ® DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE `..------ 5/21/2014 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 CONTACTJason Davis NAME: Seitlin, A Marsh&McLennan Agency LLC Co PHONE FAX 9850 NW 41st Street, (A/C.No.Ext): (305) 591-0090 (NC,No):(786) 662-6227 Suite 100 E-MAIL ADDRESS: Miami FL 33178 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Endurance American Specialty Ins 41718 INSURED INSURER B: Allen, Norton & Blue, P.A. INSURER C: 121 Majorca Avenue INSURERD: Coral Gables FL 33134 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 43566 REVISION NUMBER: 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 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD MD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE RETED CLAIMS-MADE OCCUR PREMISESO(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC j : RISK PRODUCTS-COMP/OP AGG $ JECT AGEMENT OTHER: pp;iv $ AUTOMOBILE LIABILITY BY I, ` - COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO DAT' IL Sh• - BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS WAIVER N/A._._ YES PROPERTY-- HIRED AUTOS AUTONON-OWS mED (Per accident) DAMAGE $ Ras,EN G $ UMBRELLA LIAB OCCUR )(�( EACH OCCURRENCE $ gol EXCESS LIAB CLAIMS-MADE ek\ 2 9 20 bk AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER Y/N �+ G Gc, L �r�(},I TU.��� Y STATUTE OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE N A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Errors and Omissions PPL10003237102 6/24/2013 6/24/2014 EEach acheClaim! 5,000,000 RetroDate:Full Prior Acts Deductible 25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Proof of Insurance only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1111 - 12 Street, Suite 408 AUTHORIZED REPRESENTATIVE Key West FL 33040 • - . I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD