Item N06BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: N.6
Agenda Item Summary #3037
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292 -3470
No
AGENDA ITEM WORDING: Approval of first amendment to Professional Services Agreement
between Monroe County and the law firm of Allen Norton & Blue, P.A., which provides outside
counsel representation to the County in labor and employment law matters.
ITEM BACKGROUND: In May 2014, the BOCC approved a Professional Services Agreement
with the law firm of Allen, Norton & Blue, P.A., for legal advice and representation in labor and
employment law matters. The law firm is one of the preeminent law firms in the State in this subject
matter area. The Agreement capped the total expenditures at ten thousand dollars ($10,000). Since
that time, in the past three (3) years, the County has only used the firm infrequently. However, the
County's usage of the firm has increased recently as a result of a grievance filed by the Teamsters.
As a result, total bills from the law firm have now exceeded the spending cap. Rather than amending
the agreement to raise the dollar amount per year, staff recommends amending the Agreement to
provide that the County can spend up to $10,000 per fiscal year. While this dollar amount probably
will not be necessary, amending the Agreement to authorize this amount will avoid the need for
future amendments. The Amendment also revises the hourly rates to be paid to attorneys by $10 to
$275, to update the billing rates to the firm's 2017 prices.
PREVIOUS RELEVANT BOCC ACTION:
5/21/2014: The BOCC approved a Professional Services Agreement with the law firm of Allen,
Norton & Blue, P.A., for legal representation in labor and employment law matters.
CONTRACT /AGREEMENT CHANGES:
Changes max spending from $10,000 total to $10,000 per fiscal year; revises attorney billing rates.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
First Amendment Allen Norton & Blue
Allen Norton & Blue 052114
FINANCIAL IMPACT:
Effective Date: June 21, 2017
Expiration Date: No expiration date.
Total Dollar Value of Contract: Up to $10,000 per fiscal year.
Total Cost to County: Up to $10,000 per fiscal year.
Current Year Portion:
Budgeted: Yes
Source of Funds: Ad valorem
CPI: No
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
The maximum spending cap is revised from $10,000 total to $10,000 per fiscal year. In addition,
the billing rate for attorneys is increased by $10 per hour.
REVIEWED BY:
Cynthia Hall
Completed
05/25/2017 3:17 PM
Bob Shillinger
Completed
06/05/2017 10:26 AM
Budget and Finance
Completed
06/05/2017 11:31 AM
Maria Slavik
Completed
06/05/2017 11:35 AM
Kathy Peters
Completed
06/05/2017 7:25 PM
Board of County Commissioners
Pending
06/21/2017 9:00 AM
FIRST AMENDMENT
TO PROFESSONAL SERVICES AGREEMENT
This amendment ( "Amendment") is entered into this day of June 2017, by and between the
Board of County Commissioners of Monroe County, Florida ( "County "), and Allen, Norton, and
Blue, P.A. ( "Firm ").
WITNESSETH
WHEREAS, the parties previously entered into a Professional Services Agreement on May 21,
2014 ( "Agreement ") whereby the County hired the services of the Firm for labor and
employment law counselling and representation; and
WHEREAS, the Professional Services Agreement provided that the County could expend a total
of ten thousand dollars ($10,000.00), maximum, over the term of the Agreement;
WHEREAS, it is necessary to raise the hourly rate for attorneys by ten dollars ($10.00) per hour;
and
WHEREAS, the parties have reached the upper limit of that contractual amount and now wish to
revise the Agreement in order to increase the total dollar amount authorized to be spent under the
Agreement;
NOW THEREFORE, in consideration of the provisions contained herein, the parties agree as
follows:
1. Article 2 of the Agreement is hereby revised to state: "The Firm shall provide legal
representation with regard to Labor and Employment law matters as requested, up to a
maximum of ten thousand dollars ($10,000.00) per fiscal year."
as
2. Article 3 of the Agreement is revised to reflect an hourly rate of $275.00 for attorneys'
fees, for services performed by partners and associates.
3. In all other respects the terms of the Agreement, dated May 21, 2014, between Monroe
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County and the Firm remains the same.
LL
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IN WITNESS WHEREOF, the County and the Firm have executed this Amendment, which shall
be effective as of the day and year first above written.
Attest:
Kevin Madok, Clerk
B:
Deputy Clerk
Board of County Commissioners
Of Monroe County, Florida
By:
George Neugent, Mayor
Norton, Managing Partner
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For the Firm,
Allen, Norton and Blue, P.A.
PROFESSIONAL SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this; day of - Z 2 d/�by and between
MONROE COUNTY, hereinafter referred to as Client, and ALLEN, RTON & 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, 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.
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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
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
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Name: Robert L. Norton
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