Item P5County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
April 19, 2018
Agenda Item Number: P.5
Agenda Item Summary #4040
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
n/a
AGENDA ITEM WORDING: Approval to negotiate a contract with a law firm consortium led by
Morgan & Morgan, to serve as outside litigation counsel for litigation arising out of the opioid
epidemic, in response to a recently- issued Request for Proposal. If successful negotiations cannot be
reached, approval is requested to negotiate a contract with the next highest ranked respondent until
successful negotiations are reached. Also, request for authority for County Attorney to sign all
necessary agreements.
ITEM BACKGROUND: The purpose of this agenda item is to approve the recommendations of a
Selection Committee regarding the choice of outside counsel to represent the County in possible
litigation to recoup damages as a result of the opioid crisis.
Information regarding the breadth of the national opioid epidemic is widely available. Locally, the
Monroe County Sheriff's Office reports a 340% increase in opioid related arrests countywide since
2007. The 2015 Medical Examiners Commission Drug Report published by the Florida Department
of Law Enforcement (FDLE) indicates that Monroe County has the highest percentage of oxycodone
(page 18 of the report/page 23 of the PDF) related deaths per capita in the state. On November 27,
2017, the County's Substance Abuse Policy Advisory Board expressed considerable concern
regarding the local experience with the opioid crisis and recommended that the County Attorney
conduct further research in the matter.
On January 17, 2018, the Board of County Commissioners authorized the County Attorney's office
to issue a Request for Proposals (RFP), seeking outside counsel interested in representing the County
in potential litigation against parties involved in the manufacture and distribution of opioid
medications, to recoup the costs expended by the County on public services utilized to address the
epidemic.
The County issued the RFP shortly after that meeting. Proposals were received and opened on
March 15, 2018. Two proposals were received — one from a consortium of five law firms headed by
Morgan & Morgan, P.A., and the other from a consortium of seven law firms headed by two lawyers
from the law firms of Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A. and Podhurst
Orseck P.A.
The Selection Committee met on March 26, 2018 to review the proposals. After discussion, the
Selection Committee ranked the proposal from the Morgan & Morgan consortium in first place and
the proposal from the Levin, Papantonio consortium in second place, and agreed to recommend the
consortia to the BOCC in that order. The Selection Committee felt that both firms had considerable
experience with respect to class action litigation and the opioid crisis in particular. The terms of the
fee structure proposed by the Morgan & Morgan proposal were slightly more favorable to the
County than the fees proposed by the Levin, Papantonio proposal (a sliding scale fee of 10 -20%
depending on when the case was resolved from the Morgan proposal; versus a flat fee of 25% from
the Levin proposal).
The firms will represent the County on a contingency basis. The objective of the County is that
there shall be no up -front cost to the County for any fees or costs. Any fees or costs will be
recouped from a settlement or verdict.
Part of the initial work of the firm will be to prepare a cost estimate of the additional damages to the
County, in the form of additional costs as a result of the opioid crisis, for which a third parry
(particularly manufacturer or distributor) could be held liable, and a list of potential defendants.
That information will be presented to the BOCC at a later date.
PREVIOUS RELEVANT BOCC ACTION: 1/17/2018: The BOCC authorized the County
Attorney's Office to issue an RFP, to seek outside counsel for potential opioid litigation.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Scoring table RFP opioid litigation
RFP, Outside Legal Counsel for Opioid Litigation
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
n/a
REVIEWED BY:
Bob Shillinger
Completed
03/27/2018 10:50 AM
Cynthia Hall
Completed
03/28/2018 3:03 PM
Budget and Finance
Completed
03/28/2018 3:10 PM
Maria Slavik
Completed
03/28/2018 3:16 PM
Kathy Peters
Completed
03/29/2018 2:47 PM
Board of County Commissioners
Pending
04/19/2018 9:00 AM
NEMOREM131
Understanding the
15
scope of the
proposed litigation
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ID
10
S
14
as it relates to
Monroe County
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Technical ability
15
of the firm to
1 4
1
3
15
/1
perform the
proposed legal
1 -;P.rvi(7es
Availability/accessibility
15
for consultation and
13
15
1,9
advice
Experience
5
representing local
governments
Location of firm
R
(local preference if
applicable: up to 5
additional points)
Total -- '95
oints
Rank (I or 2)
(highest # of points
is is place)
Signed:
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CL
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E
MONROE COUNTY
REQUEST FOR PROPOSALS
(QUALIFICATIONS AND PRICING)
FOR
OUTSIDE LEGAL COUNSEL FOR OPIOID LITIGATION
NTY COMMISSIONERS
vid Rice, District 4
yluia J. Murphy, District 5
Colhage, District 1
eugent, District 2
irruthers, District 3
NTY ADMINISTRATOR
Roman Gastesi, Jr.
Proposals Will Be Received Until: 3:00 p.m., March 15, 2018
CLERK OF THE CIRCUIT COURT
Kevin Madok
RFP, Outside Legal Counsel for Opioid Litigation
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
(TO BE INSERTED)
RFP, Outside Legal Counsel for Opioid Litigation
TABLE OF CONTENTS
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RFP, Outside Legal Counsel for Opioid Litigation
SECTION ONE
The Board of County Commissioners, Monroe County, Florida, invites your company or
firm to submit a sealed offer on the item(s) as listed in this solicitation request.
All terms and conditions
unless all these conditio
waive informalities in an y
accept the offer(s) that
responsive offeror(s)
1.0 SUMMARY
below are a part of this request, and no offer will be accepted
ns have been complied with. The County reserves the right to
offer; to reject any or all offers, in whole or in part, and /or to
in its judgment is from the lowest and most responsible and
Monroe County is a non - charter county and a political subdivision of the State of Florida. The
County population is approximately 76,000. The Board of County Commissioners, constituted as
the governing body, has all the powers of a body corporate, including the powers to contract; to
sue and be sued; to acquire, purchase, hold, lease and convey real estate and personal property;
to borrow money and to generally exercise the powers of a public authority organized and existing
for the purpose of providing community services to citizens within its territorial boundaries. In
order to carry out this function, the County is empowered to levy taxes to pay the cost of
operations.
Monroe County is the southernmost county in the United States. It is comprised of the Florida
Keys and a portion of the Florida Everglades. The Florida Keys are an archipelago of islands
stretching from Key West, only 90 miles from Cuba, up to the mainland. In addition to the
unincorporated county, there are five municipalities in the Florida Keys: Key West, Marathon, Key
Colony Beach, Layton, and Islamorada. Further information about the demographics of the
County can be found here: http:// www. monroecounty- fl.gov /index.aspx ?NID =27 .
Approximately one -third of the County's population is situated in the City of Key West, which is the
county seat.
The RFP described herein is intended to seek to recover expenses paid for by the County.
However, there is a possibility that the County will enter into interlocal agreements with one or
more of the five municipalities, by which any lawsuit filed would also seek to recover damages on
behalf of the municipality or municipalities, and /or the Key Largo Fire and EMS District.
Alternatively, any of these entities may attempt to piggy back on the County's selection process.
Ambulance/ emergency management services (EMS) in the unincorporated County and the City of
Layton with the exception of the community of Key Largo are run by Monroe County Fire Rescue,
which also operates Monroe County TraumaStar, an air ambulance service. The County bills and
collects for all services provided by TraumaStar. EMS services in Key West, the City of Marathon,
the City of Key Colony Beach and the Village of Islamorada are run by separate fire rescue
departments in those municipalities. EMS services in the Key Largo Fire and EMS District are
operated by that District, which is a separate fire rescue provider.
The Monroe County Sheriff, on behalf of the County Commission, operates three jail facilities - the
Key West detention center, housing up to 604 inmates; the Marathon detention center, housing up
to 60 inmates; and the Plantation Key detention center, housing up to 46 inmates. The average
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RFP, Outside Legal Counsel for Opioid Litigation
daily inmate population in 2017 was 463 inmates. The Sheriff's Corrections Bureau provides for
custody, control, care, and treatment of incarcerated inmates. The facility also offers a variety of
programs to inmates who wish to make a positive change in their lives, including but not limited to
the Jail In -House substance abuse program as well as Jail Health Services. Since 2007, the
Sheriff's office reports a 340% increase in the number of incarcerations due to opioid related
offenses since 2007.
Monroe County is the Plan Administrator of a self- insured PPO health insurance plan, which
covers employees, dependents and retirees and their dependents (including surviving spouses) of
Monroe County Board of County Commissioners, as well as employees, retirees and dependents
of the five constitutional officers within the County (Clerk of the Circuit Court, Tax Collector,
Supervisor of Elections, Property Appraiser and Sheriff), the Monroe County Land Authority, and
certain selected employees within Court Administration, Public Defender and State Attorney's
Office. All told, the Plan has approximately 2300 plan participants. The health plan has not had
stop loss insurance since 2001.
Monroe County also has a workers' compensation plan, covering the employees of the Monroe
County Board of County Commissioners and the same constitutional officers and related entities
listed in the previous paragraph. The workers' compensation plan is self- insured up to a retention
level, currently $500,000.00.
Monroe County also provides funding to the Monroe County Health Department, a state entity
The County also provides funding to non - profit entities providing substance abuse treatment
programs.
2.0 GENERAL INFORMATION
A. PURPOSE
The Board of County Commissioners of Monroe County is seeking proposals from
qualified law firms relating to the representation of the County in potential litigation against
opioid manufacturers and distributors to recover damages incurred by the County arising
out of the opioid epidemic. The determination to retain counsel and the scope of any
such retainer has not yet been determined.
Payment schedule and basis of payment shall be negotiated.
B. OBJECTIVE
The primary objective of this Request for Proposal (RFP) is the potential selection of
the most qualified law firm to represent the County in litigation against opioid
manufacturers and distributors seeking damages incurred by the County arising out of the
opioid epidemic.
C. REQUIREMENTS
The firm must be available to meet with and advise County staff and the Board of
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RFP, Outside Legal Counsel for Opioid Litigation
County Commissioners in Monroe County on a periodic basis. The firm must also be
available to appear at meetings of the Board of County Commissioners on a periodic basis.
The firm must possess a demonstrated ability, knowledge and expertise related to
complex litigation. The firm should also have sufficient knowledge and experience in all
matters relevant to the representation of local governmental entities.
The firm must submit a proposal meeting all requirements of this RFP, and the proposal
must be complete and accurate in all respects.
3.0 GENERAL INFORMATION
All Proposals to be considered shall be in the possession of the Office of Purchasing prior
to the time of the solicitation closing. Proposals must be mailed or delivered in sealed
envelope clearly marked:
Proposal
Outside Legal Counsel for Opioid Litigation
[name of proposer]
Proposals must be delivered to the following address:
Monroe County Purchasing Department
1100 Simonton St.
Suite 2 -213
Key West, FL 33040
Regardless of the method of delivery, each offeror shall be responsible for his offer(s)
being delivered on time as the County assumes no responsibility for same. Offers
offered or received after the time set for solicitation closing will be rejected and returned
unopened to the offeror(s). Please be aware that overnight mail to the Florida Keys
often takes longer than 1 to 2 days.
4.0 CALENDAR
The County intends to follow the following dates. Any changes in dates will be announced
via DemandStar.
Date
Activity
Feb. 1, 2018
RFP Release Date
March 1, 2018, 3:00 pm
Deadline for Vendor Questions
March 5, 2018
Addendum Release Date
March 15, 2018
Bid Opening — 3:00 PM. No late bids will be accepted
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RFP, Outside Legal Counsel for Opioid Litigation
w/o March 26, 2018
Selection Committee Ranking Meeting and Finalist Interviews (if
necessar
April 18, 2018
Monroe County BOCC Meeting — Selection of proposer subject to
negotiation of final contract
The County may wish to interview finalists in Key West during the week of March 26, 2018.
Proposers who are to be invited for finalist interviews will be notified no later than March 18,
2018. The Proposers should be committed to accommodating this time frame to meet in Key
West. Staff present should include all key staff with direct client responsibilities for the
MCBCC account, as well as an individual who is authorized to contractually obligate the firm.
5.0 REQUESTS FOR CLARIFICATION AND ISSUANCE OF ADDENDUM
Requests for additional information or clarification relating to the specifications of this
Request for Proposals shall be submitted in writing via email or fax to:
Facsimile (305) 292 -3516
All requests for additional information or clarification must be received no later than 3:00
p.m. on March 1, 2018.
Any requests received after that date and time will not be answered. All timely requests
for additional information will be answered via an addendum to the RFP, which shall be
distributed to all interested Proposers via Onvia DemandStar on the schedule listed
above. Oral requests will not be answered
All addenda are a part of the contract documents and each Proposer will be bound by
such addenda, whether or not received by him /her. It is the responsibility of each
Proposer to verify that he /she has received all addenda issued before responses are
opened.
6.0 CONTENTS OF THE PROPOSAL
The proposal shall be printed on 8'/" x 11" white paper and shall provide the information
requested herein. The County desires to receive one (1) printed original, plus one (1)
thumb drive or other electronic media containing a complete copy of the proposal. The
Proposer should provide the information stated below, and should not withhold any
information from the written response in anticipation of presenting the information orally.
The following information, at a minimum, must be contained in the Proposal:
RFP, Outside Legal Counsel for Opioid Litigation
A. Cover page: stating Request for Proposal for OUTSIDE LEGAL COUNSEL FOR
OPIOID LITIGATION. The Cover Page should include the Proposer's name, address,
telephone number, and the name of the primary contact person.
B. Tabbed sections:
Please provide complete and concise responses to all required items.
Tab 1 State the complete name and address of the firm and the
name, mailing address, and telephone number of the person the
County should contact regarding the proposal.
Tab 2 Provide a narrative detailing all potential causes of action,
proposed parties to the litigation, and recoverable damages if initiating
an action on behalf of the County in the capacity described in this RFP.
Tab 3 Provide a narrative detailing the firm's experience and qualifications to
serve as counsel in the capacity described in this RFP.
Tab 4 Provide a narrative description and an organizational chart identifying
the personnel assigned to accomplish the work called for in this RFP;
illustrate the lines of authority; designate the individual(s) responsible and
accountable for the completion of each component and deliverable of the
RFP.
Tab 5 Provide a resume for each partner, principal, associate, attorneys of
counsel, or other staff who would be assigned to the project.
Tab 6 Provide a statement certifying that all attorneys who may be assigned
to the project are currently licensed and in good standing with the Florida
Bar or are eligible for admission pro hac vice.
Tab 7 Provide a minimum of three (3) references for similar projects your
firm has completed. At least two (2) of the references should come from
local governments, with preference given to local governments in the State
of Florida. • Each reference at a minimum shall include-
0 Name and full address of the client;
o Name, address, title, and telephone number of the client contact-
0 Identification of services provided, including years for which the
services were offered
Tab 8 Describe the general capabilities of your firm to include information
relating to the total size and staffing, research capabilities, ability to procure
expert witnesses, and available financial resources to provide legal services.
Tab 9 Provide a statement of the firm's local availability and degree of
H.,
RFP, Outside Legal Counsel for Opioid Litigation
accessibility
Tab 10 Provide an affirmative statement that the retention of your firm will not
result in a conflict of interest with any party. If any potential conflicts are
known, please specify the party's name, the nature of the potential conflict
and the means proposed to resolve said conflict.
Tab 11 List all governmental entities in Florida with whom your firm has a
current contractual relationship and briefly describe the nature of the
relationship.
Tab 12 Describe the nature and magnitude of any disciplinary action,
administrative proceeding, malpractice claim or other proceeding against any
attorney affiliated with your firm, whether pending or any such action,
proceeding, or claim occurring within the past five years.
Tab 13 Provide a fee proposal for the services described in this RFP as
described below.
Monroe County is anticipating a contingency fee proposal. Provide
the anticipated fees to include any additional costs as part of the
Proposer's fee proposal. Should there be additional costs include
an itemized list of all direct and indirect fees and costs associated
with the performance of this contract, including, but not limited to,
total number of hours at various hourly rates, direct expenses, payroll,
supplies, overhead assigned to each person working on the project,
percentage of each person's time devoted to the project and profit.
Tab 14 Litigation. In accordance with Section 2- 347(h) of the Monroe
County Code, the Proposer must provide the following information:
(1) A list of the person's or entity's shareholders with five (5) percent or more of the
stock or, if a general partnership, a list of the general partners; or, if a limited
liability company, a list of its members; or, if a solely owned proprietorship,
names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different,
the number of years it has been providing the services, goods, or construction
services called for in the bid specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name
and any prior names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or
directors, ever failed to complete work or provide the goods for which it
has contracted? If yes, provide details;
P7
RFP, Outside Legal Counsel for Opioid Litigation
b. Are there any judgments, claims, arbitration proceeding or suits pending
or outstanding against the person, principal of the entity, or entity, or any
entity previously owned, operated or directed by any of its officers,
directors, or general partners? If yes, provide details;
c. Has the person, principal of the entity, entity, or any entity previously
owned, operated or directed by any of its officers, major shareholders or
directors, within the last five (5) years, been a party to any lawsuit,
arbitration, or mediation with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners, partners, major
shareholders or directors, ever initiated litigation against the county or
been sued by the county in connection with a contract to provide
services, goods or construction services? If yes, provide details;
e. Whether, within the last five (5) years, the owner, an officer, general
partner, principal, controlling shareholder or major creditor of the person
or entity was an officer, director, general partner, principal, controlling
shareholder or major creditor of any other entity that failed to perform
services or furnish goods similar to those sought in the request for
competitive solicitation.
f. Credit references (minimum of three), including name, current address
and current telephone number.
Tab 15 County Forms
Proposer shall complete, execute, and attach the forms specified below which are
located in Section Two in this RFP, as well as a copy of a business tax receipt
from the Tax Collector's Office and shall include it in this section, i.e. Tab 615:
Forms:
• Lobbying and Conflict of Interest Ethics Clause
• Non - Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Any Proposer claiming a local preference as defined in Monroe County
Ordinance 023 -2009 must complete the Local Preference Form and attach
to the Proposal.
7.0 MODIFICATIONS
Written modifications will be accepted from Proposers if addressed to the entity and
address indicated in the Notice of Request for Competitive Solicitation and received prior
to Proposal due date and time. Modifications must be submitted in a sealed envelope
clearly marked on the outside, with the Proposer's name and "MODIFICATION TO
PROPOSAL FOR OUTSIDE LEGAL COUNSEL FOR OPIOID LITIGATION." If sent by
mail or by courier, the above - mentioned envelope shall be enclosed in another envelope
addressed to the entity and address stated in the Notice of Request for Competitive
Solicitation. Faxed or e- mailed modifications shall be automatically rejected.
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RFP, Outside Legal Counsel for Opioid Litigation
8.0 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened.
Proposers names shall be read aloud at the appointed time and place stated in the Notice of
Request for Competitive Solicitation. Monroe County's representative authorized to open the
responses will decide when the specified time has arrived and no responses received thereafter
will be considered. No responsibility will be attached to anyone for the premature opening of a
response not properly addressed and identified. Proposers or their authorized agents are invited to
be present.
The County reserves the right to reject any and all responses and to waive technical error
and irregularities as may be deemed best for the interests of the County. The County also
reserves the right to withdraw the Request for Competitive Solicitation at any time without an
award. Responses that contain modifications that are incomplete, unbalanced, conditional,
obscure, or that contain additions not requested or irregularities of any kind, or that do not comply
in every respect with the Instruction to Proposer, may be rejected at the option of the County.
9.0 AWARD
A Selection Committee will be convened to review the Proposals and recommend which Vendor should
be selected for the project. The recommendation of the Selection Committee will be presented to the
Board of County Commissioners for final selection and award of contract. The successful Proposer will
be chosen based on the following criteria.
Fee proposal
25 points
Background and qualifications of the firm
15 points
Understanding the scope of the proposed litigation as it
relates to Monroe County
15 points
Technical ability of the firm to perform the proposed
legal services
15 points
Availability /accessibility for consultation and advice
15 points
Experience representing local governments
5 points
Location of firm (local preference if applicable: up to 5
additional points)
5 points
Total points earned are on a scale of 1 — 95 points
1 = lowest 95 = highest
A Selection Committee will be analyzing the Proposals, reviewing the Analysis, and providing
recommendations to the County Administrator who will ultimately make a recommendation to the Board of
County Commissioners regarding which Proposer should be hired.
10.0 C OUNTY INSURANCE REQUIRED
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RFP, Outside Legal Counsel for Opioid Litigation
The Proposer shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after
award of contract, with Monroe County BOCC listed as additional insured as indicated. If the
proper insurance forms are not received within the fifteen (15) day period, the contract may be
awarded to the next selected Proposer. Policies shall be written by companies licensed to do
business in the State of Florida and having an agent for service of process in the State of Florida.
Companies shall have an A.M. Best rating of VI or better. The required insurance shall be
maintained at all times while Proposer is providing service to County. The Proposer is responsible
for providing new certificates of insurance following expiration of the policy, to show that the policy
remains in force upon renewal. In the event that any policy lapses, the Proposer is required to
provide notice of the lapse to the County within twenty -four (24) hours of the lapse. Failure to
maintain adequate insurance coverages constitutes a breach of any agreement, and justifies a
termination with cause.
Worker's Compensation
Employers' Liability Insurance
Bodily Injury by Accident
Bodily Injury by Disease, policy limits
Bodily Injury by Disease, each employee
Statutory Limits
$100,000
$500,000
$100,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
Professional Liability
$200,000 per person
$300,000 per occurrence
$200,000 property damage
$1,000,000 per Occurrence
$2,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability.
Receipt of certificates or other documentation of insurance or policies or copies of
policies by the county, or by any of its representatives, which indicate less coverage
than required does not constitute a waiver of the contractor's obligation to fulfill the
insurance requirements herein.
If requested by the County, the contractor a t a n y t i m e shall furnish complete
copies of the contractor's insurance policies, forms and endorsements, and /or such
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RFP, Outside Legal Counsel for Opioid Litigation
additional information with respect to its insurance as may be requested.
For commercial general liability coverage the contractor shall, at the option of the
County, provide an indication of the amount of claims payments or reserves chargeable to
the aggregate amount of liability coverage.
11.0 INDEMNIFICATION
Contractor agrees to save harmless, indemnify, and defend County and their agents,
officers and employees from any and all claims, losses, penalties, interest, demands,
judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any
expense, damage or liability incurred by any of them, whether for personal injury, death,
property damage, direct or consequential damages, or economic loss, including
environmental impairment, arising directly or indirectly on account of or in connection with
the Work done by Contractor under this Agreement or by any person, firm or
corporation to whom any portion of the Work is subcontracted by Contractor or resulting
from the use by Contractor, or by any one for whom Contractor is legally liable, of any
materials, tools, machinery or other property of County. County and Contractor agree the
first $100.00 of the Contract Amount paid by County to Contractor shall be given as
separate consideration for this indemnification, and any other indemnification of County by
Contractor provided for within the Contract Documents, the sufficiency of such
separate consideration being acknowledged by Contractor by Contractor's acceptance and
execution of the Agreement. The Contractor's obligation shall not be limited by, or in any
way to, any insurance coverage or by any provision in or exclusion or omission from any
policy of insurance. The Contractor agrees to pay on behalf of Monroe County, as well
as provide a legal defense for the County, both of which will be done only if and when
requested by the County, for all claims made. Such payment on the behalf of the County
shall be in addition to any and all other legal remedies available to the County and shall not
be considered to be the County's exclusive remedy.
12.0 TERMINATION
The contract will be subject to immediate termination if the services do not comply with
specifications as stated herein or fails to meet the county's performance standards. In
the event that any of the provisions of the contract are violated by awarded vendor, the
County may serve written notice upon the awarded vendor of its intention to terminate
the contract. Such notice is to state the reason(s) for such intention to terminate contract.
The liability of the vendor for any and all such violation(s) shall not be affected by any such
termination and his surety, if any, shall be forfeited.
13.0 TERMINATION (PUBLIC RECORDS REQUEST)
If the contractor refuses to allow public access to all documents, papers, letters, or
other material subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the contractor in conjunction with this agreement then the county may,
without prejudice to any right or remedy and after giving the contractor and his surety, if any,
seven (7) days written notice, during which period contractor still fails to allow access,
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RFP, Outside Legal Counsel for Opioid Litigation
terminate the employment of the contractor. In such case, the contractor shall not be
entitled to receive any further payment until the project is finished. Reasonable terminal
expenses incurred by the county may be deducted from any payments left owing the
contractor (excluding monies owed the contractor for subcontract work.)
14.0 DISCLOSURE
All information submitted in response to this RFP shall become a matter of public record
and shall be subject to disclosure in accordance with Chapter 119, Florida Statutes.
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RFP, Outside Legal Counsel for Opioid Litigation
SECTION TWO
COUNTY FORMS AND INSURANCE FORMS
(the balance of this page intentionally left blank, with forms to
follow
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RFP, Outside Legal Counsel for Opioid Litigation
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrants that he /it has not employed, retained or otherwise had act on his /her behalf
any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990
or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990.
For breach or violation of this provision the County may, in its discretion, terminate this
Agreement without liability and may also, in its discretion, deduct from the Agreement or
purchase price, or otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
personally known to me or has produced
(type of identification) as identification
(name of affiant). He /She is
NOTARY PUBLIC
My Commission Expires:
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RFP, Outside Legal Counsel for Opioid Litigation
NON - COLLUSION AFFIDAVIT
I, of the city of
on my oath, and under penalty of perjury, depose and say that
lam
according to law
_ of the firm of
the bidder making
the Proposal for the project described in the Request for Proposals for
Outside Legal Counsel for Opioid Litigation, and that I executed the said
proposal with full authority to do so;
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
(Signature)
STATE OF
COUNTY OF
Date:
Subscribed and sworn to (or affirmed) before me on
(date) by
known to me or has produced
identification.
(type of identification) as
NOTARY PUBLIC
(name of affiant). He /She is personally
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RFP, Outside Legal Counsel for Opioid Litigation
My Commission Expires:
Zs
RFP, Outside Legal Counsel for Opioid Litigation
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited
in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and will notify the employer
of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 (Florida Statutes) or of any controlled substance law of the United States or
any state, for a violation occurring in the workplace no later than five (5) days after
such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, or any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date) by
produced
(name of affiant). He /She is personally known to me or has
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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RFP, Outside Legal Counsel for Opioid Litigation
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RFP, Outside Legal Counsel for Opioid Litigation
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of
real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
I have read the above and state that neither (Proposer's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
(Signature)
STATE OF:
Date:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He /She is personally known
to me or has produced
identification) as identification.
(type of
NOTARY PUBLIC
My Commission Expires:
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RFP, Outside Legal Counsel for Opioid Litigation
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Contractor or any of its
Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of
omission of the Contractor or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
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RFP, Outside Legal Counsel for Opioid Litigation
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self- insurer, the County shall recognize and honor the Contractor's status. The
Contractor may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details on the Contractor's Excess
Insurance Program.
If the Contractor participates in a self- insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
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RFP, Outside Legal Counsel for Opioid Litigation
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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RFP, Outside Legal Counsel for Opioid Litigation
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor, shall purchase and maintain, throughout
the life of the contract, Professional Liability Insurance which will respond to damages
resulting from any claim arising out of the performance of professional services or any
error or omission of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$1,000,000 per occurrence /$2,000,000 aggregate
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RFP, Outside Legal Counsel for Opioid Litigation
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to
deviate from the standard insurance requirements specified within this manual.
Recognizing this potential and acting on the advice of the County Attorney, the Board of
County Commissioners has granted authorization to Risk Management to waive and
modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the
Insurance Company (not the Agent) is presented, stating that they are unable or
unwilling to name the County as an Additional Insured, Risk Management has not
been granted the authority to waive this provision.
and
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this
reason, every attempt should be made to obtain the standard insurance requirements. If a
waiver or a modification is desired, a Request for Waiver of Insurance Requirement
form should be completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for
execution by the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal
with the County Administrator or the Board of County Commissioners, who retains the
final decision - making authority.
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RFP, Outside Legal Counsel for Opioid Litigation
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract
Contractor
Contract for:
Address of Contractor
Phone:
Scope of Work:
Reason for Waiver
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management
Date
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
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RFP, Outside Legal Counsel for Opioid Litigation
PROPOSER
SIGNATURE
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RFP, Outside Legal Counsel for Opioid Litigation
LOCAL PREFERENCE FORM
0
Vendors claiming a local preference according to Sec
form.
Name of Proposer /Responder
Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector
dated at least one year prior to the notice or request for bid or proposal? (Please
furnish copy.)
Does the vendor have a physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the
goods or services being offered to Monroe County? The physical business
address must be registered with the Florida Department of State as its principal place of business for
at least one year prior to the notice of request for bids or proposals. (Please furnish copy of Florida
Department of State Detail by Entity Name sheet showing Principal Address)
List Address:
Telephone Number:
B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated at least one year prior to the notice or request for bid or proposal.
2. Subcontractor address within Monroe County from which the subcontractor operates:
Signature and Title of Authorized Signatory for Bidder /Responder:
STATE OF _
COUNTY OF
On this day of 20 , before me, the undersigned notary public, personally appeared
known to me to be the person whose name is subscribed above or who
produced as identification, and acknowledged that he /she is the person who
executed the above Local Preference Form for the purposes therein contained.
Notary Public
Print Name
My commission expires:
2 -349, Monroe County Code must complete this
Tel. Number
Print Name:
Seal
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