Item O4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2014 Division: County Attorney's Office
Bulk Item: Yes x No _ Departmen
Staff Contact Person/Phone #: Cynthia Hall, x 3174
AGENDA ITEM WORDING:
Approval to enter into retainer agreement with Allen, Norton & Blue to serve as outside counsel for
labor and employment law matters.
11 L1Vl BAUKUROUND: The law firm of Allen, Norton & Blue is one of the State's preeminent law
firms in the areas of labor and employment law. The firm provides counsel to numerous public
employers in labor negotiations, including Monroe County Sheriffs Office and the Monroe County
School Board. On April 17, 2013, the BOCC approved a contract with the law firm, in order to receive
advice on certain labor matters. This agreement will continue the representation.
rMLvivUb KELEVANT ISUCC ACTION: April 17, 2013, BOCC approval of first agreement
with law firm.
CONTRACT/AGREEMENT CHANGES:
The hourly rate for partners and associates is raised from $250 to $265. The cap on expenditure is
raised from $5,000 (20 hours) to $10,000 (37.7 hours).
TOTAL COST: Wto t000 INDIRECT COST: N/A BUDGETED:
COST TO COUNTY: up to $10,000 SOURCE OF FUNDS: Primarily ad valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
®
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required.
DISPOSITION: AGENDA ITEM #
CONTRACT SUMMARY
Contract with: Allen, Norton & Blue Contract #
Effective Date: April 17,2014
Contract Purpose/Description: Expiration Date: April 16, 2015
Retainer agreement with Allen, Norton & Blue to serve as outside counsel for labor and
epployment law matters
-----------
Contract Manager:
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on Agenda Deadline:
Total Dollar Value of Contract: $ $5K Current Year Portion: $ 5K
Budgeted? Yes [Z No F1 Account Codes:
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $—/Yr For:
(Not included in dollar value above) fpa
CONTRACT REVIEW
Changes
D4ten Needed
Division Director 5151ILe YesF] NoE�
Risk Management YesF1 No[-]
I O.M.B./Purchasing _ YesF-1 No[--]
0
County Attorney 'rj51z0lj Yes[:] NoR
Comments:
-- . IV v &avu r, V I lnvJ[ tri.
Date Out
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 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, 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:
1. 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
By
COMMISSIONERS
By:
Name: Robert L. Norton Name:
Title: dais �� ice Title:
MONROE COUNTY ATTORNEY
PRO ED A T FOR. M:
CYNTHIA L. ALL
ASSI ANT COUNTY ATTORNEY
Date r--------•