Item M7 M.7
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
June 19, 2019
Agenda Item Number: M.7
Agenda Item Summary #5648
BULK ITEM: Yes DEPARTMENT: County Clerk of Court
TIME APPROXIMATE: STAFF CONTACT: Pamela Hancock(305) 292-3314
N/A
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for Private Legal
Counsel for the Monroe County Value Adjustment Board.
ITEM BACKGROUND: The contract with the current legal counsel is expiring.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
VAB Outside legal counsel 2019 RFP 5.31.2019
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:
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M.7
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Kevin Madok Skipped 06/03/2019 9:50 AM
Cynthia Hall Completed 06/03/2019 5:29 PM
Kathy Peters Completed 06/04/2019 9:35 AM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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M.7.a
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REQUEST FOR PROPOSALS
(QUALIFICATIONS AND PRICING)
for
PRIVATE LEGAL COUNSEL
FOR THE >
MONROE COUNTYIt-
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VALUE ADJUSTMENT BOARD Ci
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MONROE COUNTY VALUE ADJUSTMENT BOARD N
County Commissioner Danny Kolhage U)
County Commissioner David Rice
School Board Member John Dick
BOCC Citizen Member John Repetto
MCSD Citizen Member James Leonard
All responses submitted to this solicitation
should be addressed to and received >
no later than 3:00 p.m., July 30, 2019 at:
Monroe County Purchasing Office
1100 Simonton Street, Room 2-213
Key West, FL 33040
Phone: (305) 292-4466
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M.7.a
NOTICE OF REQUEST FOR PROPOSALS
(Qualifications and Pricing)
NOTICE IS HEREBY GIVEN that on Tuesday, July 30, 2019, at 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
PRIVATE LEGAL COUNSEL FOR THE
MONROE COUNTY VALUE ADJUSTMENT BOARD
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www.flolidgpublicnotices.com, a searchable Statewide repository for all published legal notices. �
Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at
www.demandstar.com OR www.monroecou The Public Record is available at the
Monroe County Purchasing Office located in the Gato Building, 1100 Simonton Street, Room 2-213,
Key West, Florida 33040. 00
All responses must be sealed and must be submitted to the Monroe County Purchasing Office.
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Publication Dates:
Citizen: Sat., 06/29/19 N
Keys Weekly: Thur., 07/04/19
The News Barometer: Fri., 07/05/19
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TABLE OF CONTENTS
Page
Notice of Request for Proposals 2
Section One—Instructions to Respondents 4
Section Two—Draft Legal Services Contract 13
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Section Three—Response/Bid Forms 23
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SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 OBJECTIVE OF REQUEST FOR PROPOSALS (RFP)
The objective of this RFP is to select a Respondent to provide legal counsel services for Monroe County
Value Adjustment Board (VAB).
To be eligible for submission/consideration, Respondents:
■ Must have practiced law for over five(5) years.
■ May not represent a property appraiser, tax collector, or any taxing authority in any
capacity.
■ May not represent any property owner in any administrative or judicial review of property
taxes.
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1.02 CALENDAR >
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Expected dates are shown below. The County reserves the right to modify the dates as necessary. CD
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Date Activity
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June 25, 2019 RFP Release Date
July 12, 2019 Deadline for Vendor Questions
July 16, 2019 Addendum Release Date (if required) N
July 30, 2019 Bid Opening—3:00 PM. No late bids will be accepted 6
TBD Selection Committee Ranking Meeting
August 21, 2019 Monroe County BOCC Meeting—Bid Award 0i
October 1, 2019 Contract Effective Date
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1.03 SCOPE OF WORK TO BE PROVIDED BY RESPONDENT
The scope of services is described in Paragraph 2.02 of the draft Contract attached to this RFP and Rule
12D-9.009, Florida Administrative Code.
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The Attorney who contracts to provide these services will be expected to fulfill all of the requirements 2
of board legal counsel listed in Rule 12D-9.009, Florida Administrative Code. The Attorney shall
attend all meetings of the VAB and all hearings before the Special Magistrates for the VAB, as well as
provide advice throughout the year to VAB and the Clerk staff assigned to VAB as needed regarding
procedural issues, valuation and homesteads and other matters such as the portability of homesteads.
In FY 2018-2019 (October 1, 2018 through September 30, 2019), there were 2 meetings of the VAB
and 9 total hearings before a Special Magistrate for the VAB. The VAB expects the number of
meetings and hearings to remain approximately consistent in the years to come, during the term of any
Contract resulting from this RFP.
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1.04 TERM OF CONTRACT
The term of the contact shall be for a three-year period beginning on October 1, 2019 and continuing
until September 30, 2022. The VAB may exercise one option to extend the Contract for an additional
two (2) years by approving a Resolution at its final meeting prior to expiration of the contract. The
VAB's performance and obligation under this Contract is contingent upon annual appropriations by the
Monroe County Board of County Commissioners and the Monroe County School Board.
1.05 REQUESTS FOR ADDITIONAL INFORMATION OF CLARIFICATION
Request for additional information or clarification relating to the specifications of this RFP shall be
submitted in writing via first class US mail, overnight mail, or e-mail, directly to:
Sally M. Abrams, VAB Clerk
Administrative Office
Monroe County Clerk of the Circuit Court & Comptroller
500 Whitehead St.
Key West, FL 33040
sabrams@monroe-clerk.com M
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All requests for additional information must be received no later than 3:00 p.m. on July 12, 2019. Any It-
requests received after that date and time will not be answered. LO
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All questions regarding the RFP received prior to the deadline will be answered to the best of the
County's ability and will be distributed to all interested Respondents in the form of an Addendum to
this RFP on Demand Star on or before July 16, 2019. Oral requests for additional information will not Z
be answered. U'
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All addenda are a part of the contract documents and each Respondent will be bound by such addenda,
whether or not received by him/her. It is the responsibility of each Respondent to verify that he/she has
received all addenda issued before responses are opened.
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1.06 NUMBERS OF COPIES OF PROPOSALS REQUIRED; BID OPENING DATE; 0
DELIVERY LOCATION.
See also Notice of Request for Proposals.
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Respondents shall submit a total of four(4) documents (one (1) signed original plus three (3) complete
copies) and one(1) complete document saved, electronically tabbed and indexed in Adobe Acrobat file
(pdf) format delivered on a current common electronically saved form (i.e., flash drive, etc.) of the
proposal, all in a sealed envelope.
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The envelope shall be clearly marked on the outside with:
REQUEST FOR PROPOSALS
(QUALIFICATIONS AND PRICING)
for
PRIVATE LEGAL COUNSEL
FOR THE
MONROE COUNTY
VALUE ADJUSTMENT BOARD
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and shall be addressed to:
Monroe County Purchasing Department
1100 Simonton Street, Room 2-213
Key West, FL 33040.
The proposal must be received on or before 3:00 P.M. local time on July 30, 2019. No proposals will M
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be accepted after 3:00 P.M. CD
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Hand delivered proposals may request a receipt. Faxed or e-mailed proposals shall be automatically LO
rejected. It is the sole responsibility of each Respondent to ensure its proposal is received in a timely LL
fashion. Respondents should be aware of the fact that overnight delivery services to the Florida Keys M
often take more than one day. CD
1.07 GOVERNING LAWS AND REGULATIONS
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The Respondent is required to be familiar with and shall be responsible for complying with all federal,
state, and local laws, ordinances, rules, and regulations that in any manner affect the work.
1.08 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space provided for
the signature. If the Respondent is a professional association or other business entity, the title of the >
officer signing the response on behalf of the entity must be stated and evidence of his authority to sign a
the response must be submitted. The Respondent shall state in the response the name and address of E
each person interested therein.
1.09 SUBMISSION OF RESPONSES
The following proposals shall be submitted:
- One full copy on electronic media electronically tabbed and indexed in Adobe Acrobat file (pdf)
format delivered on a current common electronically saved form (i.e., flash drive, etc.) of the
proposal.
- One (1) signed original
- Three(3)hard copies
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All proposals shall be submitted in a sealed envelope, which shall be marked so as to clearly indicate its
contents and the name of the Respondent. If forwarded by mail, the above-mentioned envelope shall be
enclosed in another envelope addressed to the entity and address stated in the Notice of Request for
Proposal, and preferably by special delivery, registered mail; if forwarded other than by mail, it shall be
delivered to the same address. Responses will be received until the date and hour stated in the Notice of
Request for Proposal.
Each Respondent shall submit with his or her response the required evidence of his or her qualifications
and experience. Submission of response to RFP does not preclude application to be a special
magistrate.
1.10 CONTENT OF SUBMISSION a
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Hard copies submitted in response to this RFP shall be printed on 8-1/2" x 11" white paper; shall be
clear and concise and provide the information requested herein. The response shall be bound, or in a 0
three-ring binder or equivalent folder, and tabbed. Submissions shall be organized as indicated
below. The respondent should not withhold any information from the written response in anticipation co
of presenting the information orally or in a demonstration. Each Respondent must submit adequate >
documentation to certify the Respondent's compliance with the VAB's requirements. Respondent C)
should focus specifically on the information requested.
The Respondent is solely responsible for all costs of preparing and submitting the response, regardless LO
of whether a contract award is made by the VAB. LL
Responses to the RFP shall be organized in sections as follows:
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A. Cover Page—name of RFP, also contact information for Respondent.
B. Qualifications — The Respondent shall provide a history of the firm, its areas of special 0
expertise, and how the attorney(s) to provide services will fulfill the needs of the VAB if
awarded a contract pursuant to this RFP process. Preference will be given to an attorney that
can demonstrate experience in real or personal property tax matter, Florida Public Records Law,
Florida Sunshine law.
C. Proof of Florida Bar membership, and current business tax receipt for business. 0
D. Price proposal section — Fixed monthly fee. The VAB will not pay for any additional costs,
travel, per diems, telephone, photocopies, postage, courier costs, or general office overhead. >
The VAB also will not authorize, and will not pay for, any expert witnesses, additional counsel, a
consultants, or support staff. E
Exception: If the VAB directs the legal counsel to travel outside Monroe County for VAB
business, the attorney's reasonable travel expenses will be reimbursed at rates set forth in
Monroe County Code, upon presentation of an authorized Travel Voucher Form with all receipts
attached.
E. References -- Each Respondent shall provide at least two (2) references for which the reference
is in a position to recommend the organization's qualifications for the same or similar services
during the past three (3) years. Each reference shall include, at a minimum:
Name and full address of reference organization
Name of contact person for contract
Telephone number(s)
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Date of initiation of contract with reference
Brief summary comparing the referenced services to these proposed services
F. A statement confirming compliance with requirements for legal counsel in F.S. 194.015 and
Rule 12D-9.008, Florida Administrative Code.
G. Answers to the following questions (required by Monroe County Code):
(1) A list of the persons 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 a
years it has been providing the services, goods, or construction services called for in the bid W
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 0
names;
(5) Answers to the following questions regarding claims and suits: CO
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 M
complete work or provide the goods for which it has contracted? If yes, provide
details; ,
b. Are there any judgments, claims, arbitration proceeding or suits pending or LO
outstanding against the person, principal of the entity, or entity, or any entity LL
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, Z
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 0
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 0
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 a
officer, director, general partner, principal, controlling shareholder or major creditor E
of any other entity that failed to perform services or furnish goods similar to those
sought in the request for competitive solicitation.
H. Response/Bid Forms (from Section Three to this RFP)
Response Form
Non-Collusion Affidavit
Ethics Clause
Drug Free Workplace
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1.11 MODIFICATION OF RESPONSES
Written modification to proposals that have already been submitted will be accepted from Respondents,
if addressed to the entity and address indicated in the Notice of Request for Proposal and received prior
to the deadline for submission of the proposals.
Modifications must be submitted in a sealed envelope clearly marked on the outside with the
Respondent's name and "Modification to Proposal—Private Legal Counsel for the Value
Adjustment Board". 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 Proposals.
Faxed or e-mailed modifications shall be automatically rejected. U_
1.12 DISQUALIFICATION OF RESPONDENTS
A. NON-COLLUSION AFFIDAVIT: Any person submitting a response to this invitation must
execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among
the Responders, the response of all participants is such collusion shall be rejected, and no participants in
such collusion will be considered in future responses for the same work.
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B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor a.
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list following a conviction for a public entity crime may not submit a response/bid on a contract to
provide any goods or services to a public entity, may not submit a response/bid on a contract with a
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public entity for the construction or repair of a public building or public work, may not submit N
response/bids on leases or perform work as a contractor, supplier, subcontractor, or consultant under a U)
contract with any public entity, and may not transact business with any public entity in excess of the 0
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from 1
the date of being placed on the convicted vendor list. Category Two: $10,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a response or proposal in
response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit
it with his response or proposal. Failure to complete this form in every detail and submit it with your
response or proposal may result in immediate disqualification of your response.
D. CONFLICT OF INTEREST: Any attorney who is deemed to have a conflict of interest
prohibited by the Florida Bar Rules or Chapter 112, Florida Statutes, shall be disqualified.
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1.13 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and read aloud at the
appointed time and place stated in the Notice of Request for Proposal. The responses will be sent to the
Clerk for the VAB for dissemination to the VAB members and the County Attorney for review and
selection. No responsibility will be attached to anyone for the premature opening of a response not
properly addressed and identified. Respondents or their authorized agents are invited to be present.
1.14 EVALUATION CRITERIA
An award shall be made to the responsible Respondent whose proposal is determined to be most
advantageous for the VAB. Proposals will be evaluated based on the following criteria:
Experience and Qualifications 40 points
Proposed costs/fee schedule 20 points
Reports from references 20 points
Responsiveness and completeness of the proposal 20 points o0
Total 100 points
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Total points earned are on a scale of 1 —100 points
1 =lowest 100 = highest ,
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The VAB reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the VAB. Responses which contain M
modifications or are incomplete, unbalanced, conditional, obscure, or which contain additions not N
requested or irregularities of any kind, or which do not comply in every respect with the instruction to
Respondents, and the contract documents, may be rejected at the option of the VAB. Final selection of
the successful respondent(s) shall be made by the VAB at a noticed public meeting. 0
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1.15 AWARD OF CONTRACT
The VAB reserves the rights to award separate contracts for each service area and to waive any
informality in any response, or to re-advertise for all or part of the work contemplated. If responses are 0
found to be acceptable by the VAB, written notice will be given to the selected Respondent(s) of the
award of the contract(s). >
If the award of a contract is annulled, or the awarded responder fails to execute a contract, the VAB
may award the contract to another Respondent or the work may be re-advertised or may be performed
by other qualified personnel as the VAB decides.
The VAB also reserves the right to reject the response of a Respondent who has previously failed to
perform properly or to complete contracts of a similar nature on time.
1.16 EXECUTION OF CONTRACT
The Respondent to whom a contract is awarded will be required to sign a contract substantially in the
form of the draft Legal Services Contract attached in Section Two to this RFP.
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1.17 INSURANCE
Each Respondent shall include in its solicitation response package proof of insurance capabilities,
including but not limited to, the following requirements: [This does not mean that the Respondent must
have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase order or
contract being executed by the County.]
An original certificate of insurance, indicating that the awarded Respondent has coverage in accordance
with the requirements of this section, shall be furnished by the Respondent and must be received and
accepted by the County prior to contract execution and/or before any work begins.
The Respondent shall provide and maintain at all times during the term of any contract, without cost or
expense to the County, policies of insurance, with a company or companies authorized to do business in
the State of Florida, and which are acceptable to the County, insuring the vendor against any and all
claims, demands or causes of action whatsoever, for injuries received or damage to property relating to
the performance of duties, services and/or obligations of the Respondent under the terms and provisions
of the contract. The Respondent is responsible for timely provision of certificate(s) of insurance to the
County at the certificate holder address evidencing conformance with the contract requirements at all
times throughout the term of the contract. Such policies of insurance, and confirming certificates of
insurance, shall ensure the Respondent is in accordance with the following minimum limits:
Commercial general liability covering claims for injuries to members of the public or damage toLO
property of others arising out of any covered act or omission of the Attorney or any of its employees, a.
agents or subcontractors or subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with the following
minimum limits:
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Combined single limit: $300,000 0
If split limits are provided, the minimum acceptable limits shall be $100,000 per person,
$300,000 per occurrence, $50,000 property damage.
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Automobile liability insurance, including owned-non-owned, and hired autos with the following
minimum limits and coverage:
Combined single limit: $300,000 0
If split limits are provided, the minimum acceptable limits shall be:
$200,000 per person,
$300,000 per occurrence,
$200,000 property damage.
Workers' Compensation insurance as required by the State of Florida.
Employers Liability Insurance with the following minimum limits:
Each accident $500,000
Disease—each employee $100,000
Disease—policy limits $100,000
Professional Liability in the minimum amount of$500,000 per occurrence/ $1 million aggregate.
The COUNTY shall be named as an additional insured with respect to Attorney's liabilities on the
general liability and automobile liability policies.
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The Attorney shall provide to the COUNTY certificates of insurance or a copy of all insurance policies
at time of execution of the contract or within five (5) days thereafter. The Attorney shall also provide
new certificates whenever the term of the prior policy expires. The COUNTY reserves the right to
cancel the contract at any time if proof of proper insurance coverage is not provided.
The Attorney is responsible for subcontractors and their insurance.
Failure to obtain and maintain the insurance coverages set out above will be considered a breach of
contract and may result in termination for default.
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SECTION TWO
LEGAL SERVICES CONTRACT
THIS Legal Services Contract ("Contract") is entered into this day of October, 2019, by and
between the MONROE COUNTY VALUE ADJUSTMENT BOARD , hereinafter referred to as the
VAB and Name , hereinafter referred to as the Attorney.
WHEREAS, the VAB wishes to enter into this Contract with the Attorney so that the Attorney
will act as private legal counsel to the VAB;
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the
parties agree as follows: U_
1. Term: The term of this Contract is for a three-year period commencing October 1, 2019 and
terminating September 30, 2022. Thereafter, the VAB may exercise an option to extend the Contract
for an additional two (2) years upon giving written notice to the Attorney no less than sixty (60) days <
prior to the original expiration date by approving a Resolution at its final meeting prior to expiration of
the contract. If the option is exercised, the contract shall be extended on the same terms as the initial
term.
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The VAB's performance and obligation to pay under this Contract is contingent upon annual a.
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appropriations by the Monroe County Board of County Commissioners and the Monroe County School
Board. Should funding be appropriated in amounts insufficient to cover the services under this contract,
the required services may be modified in writing and executed by both parties to provide a level of N
service commensurate with the funding appropriated. U)
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2. Scope of Services: The Attorney will provide all services required under Rule 12D-9.009,
Florida Administrative Code.
Attorney shall attend all meetings of the VAB and all hearings before the Special Magistrates for
the VAB, and shall advise the VAB and VAB Special Magistrates on an as-needed basis regarding such
legal issues as may arise, including but not limited to valuation, homestead and other exemptions late 0
filing, and the admission of evidence, and any other legal matters concerning Value Adjustment Board
business. VAB hearings and meetings shall be held throughout Monroe County. Attorney shall, on an
as-needed basis, also provide advice to the clerical staff provided by the Clerk to the VAB.
This Contract is personal to the Attorney. Attorney has been retained specifically because
Attorney, personally, is understood by VAB to be able to handle this matter. Employment of additional
individuals, whether attorneys, paralegals, or others, who will bill time to VAB is not permitted without
the advance written approval of VAB.
3. Special Conditions Regarding Representation:
a) The Client is the Monroe County Value Adjustment Board (VAB), and to the extent ethically
permissible, its elected and appointed officers and its employees. In the event that Attorney
cannot ethically represent individuals in addition to VAB, Attorney shall advise VAB in writing
of that fact immediately.
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b) Attorney is licensed to practice law in all jurisdictions relevant to this matter and meets the
statutory criteria for private counsel to a value adjustment board in the State of Florida.
c) The Attorney must at all times comply with F.S. 194.015 and must immediately advise the VAB
of any conflict. F.S. 194.015 currently states: "The private counsel may not represent the
property appraiser, tax collector, any taxing authority, or any property owner in any
administrative or judicial review of property taxes." The Attorney must also at all times comply
with Rules 12D-9.008 and 12D-9.009, Florida Administrative Code and must immediately
advise the VAB of any inability to comply with the requirements of these rules.
d) If Attorney practices with others who may also provide services to VAB, he or she understands
that VAB expects that Attorney will be responsible for managing the representation, assuring a.
compliance of others with the terms of this Contract and ethical requirements, preparing and W
substantiating all bills, and communicating with VAB. Attorney may not delegate or outsource
this work without full written disclosure to, and prior written approval from, the VAB. 0
e) Attorney has been retained by VAB to provide the scope of services described in Section 2 co
above. Attorney represents that he or she is competent and available to handle that matter. In
the event that additional matters are assigned by VAB to Attorney, this Contract shall apply to
those matters as well, unless a separate Contract is required by the VAB. r„
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f) Review of ethical obligations before initiating representation: Attorney has conducted a LO
thorough investigation and determined that neither Attorney nor his or her firm has any ethical LL
impediment, real or potential, to representing VAB. To the extent that any ethical impediment, M
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real or potential, is discovered or ever arises, Attorney shall immediately inform VAB in writing CD
of the impediment (regardless of whether Attorney believes he or she has taken all steps Z
necessary to avoid the impediment and regardless of whether Attorney believes that the
impediment is insubstantial or questionable), make full disclosure of the situation to VAB, 0
obtain VAB's express, written consent to continue the representation of the other client, and
take all steps requested by VAB to avoid or mitigate the impediment. Attorney understands that
if a direct or indirect conflict of interest arises which, in the opinion of the VAB, cannot be
avoided or mitigated under the Rules of Professional Conduct of The Florida Bar, VAB may, in
its discretion, (a) obtain reimbursement from Attorney for all fees and expenses paid to Attorney 0
in this matter; (b) obtain cancellation of all amounts allegedly owed by VAB to Attorney; and
(c) obtain reimbursement for consequential expenses incurred by VAB, including the cost of >
replacement counsel.
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4. Payment:
The VAB shall compensate the Attorney according to the terms of this paragraph. Payment shall be
made monthly upon receipt of a proper invoice with documentation of services rendered,pursuant to the
Florida Prompt Payment Act. The Attorney shall submit monthly invoices by the tenth (10 h) calendar
day of each month to the following address: Monroe County Attorney's Office, 1111 121' St., Suite
408, Key West FL 33040.
a) The VAB shall pay to Attorney a fixed monthly amount of ("Monthly
Payment"), less taxes if Monroe County determines that the withholding of taxes is required. The
Monthly Payment shall include payment for all legal services rendered by Attorney in the preceding
month. The Monthly Payment shall be inclusive of all costs, including but not limited to travel costs
and per diems, within the exception of the travel expenses outlined in paragraph 4(b)below.
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b) If VAB directs Attorney to travel outside Monroe County for VAB business, then Attorney's
reasonable travel expenses will be- reimbursed in accordance with the applicable provisions for
"approved travelers" of the Monroe County Code, and will be summarized on the Monroe County
Travel Voucher Form with all applicable receipts attached thereto. VAB will not pay for any markup of
expenses.
c) All other expenses are not reimbursable, including but not limited to: telephone, postage,
overnight mail, courier, overhead.
d) Attorney is not authorized to retain and VAB will not pay for experts, additional counsel,
consultants, support staff, or the like, or to outsource or delegate work, without prior written approval of
the VAB.
5. Termination: The Contract can be terminated by either party with or without cause with 120
days prior written notice. Attorney shall be paid through the date of services rendered.
6. Accounting Records: Records of the Attorney pertaining to this Contract shall be kept on CO
generally recognized accounting principles, acceptable to the Monroe County Clerk, and shall be >
available to the VAB or to an authorized representative for audit. Attorney understands that Attorney M
must have documentation to support all aspects of each bill, including fees and expenses, and must
maintain that documentation until at least one year after the termination of the representation. This ,
documentation shall be made available by Attorney to Monroe County, VAB or their designated L6
representative, including an accountant, the Monroe County Clerk or Monroe County Clerk's LL
representative, or legal bill auditor upon written request. Attorney agrees to cooperate with any
examination of this documentation and Attorney's fees and expenses, e.g., by responding promptly and
completely to any questions Monroe County, VAB or its designated representative may have. Attorney Z
shall notify VAB in writing at least 60 days in advance of destroying any such records and, in the event
that VAB requests that they be preserved, shall preserve them at least one additional year or, at the 0
option of the VAB, delivered to the VAB for storage by the VAB, with VAB responsible for paying the
actual cost of storage. This documentation shall include, for example, original time records, expense
receipts, and documentation supporting the amount charged by Attorney for expense items generated by
the Attorney or his or her firm. VAB reserves the right not to pay any fee or expense item for which
sufficient documentation is not available to determine whether the item was necessary and reasonable. 0
Upon the execution of an Agreement or Amendment to this Contract by the VAB, Attorney may CO
provide the documentation in digital electronic form in Adobe Portable Document Format (PDF) or in >
Alchemy format in lieu of the manual preservation requirements detailed above.
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a) Access to Records. Attorney shall maintain all books, records, and documents directly
pertinent to performance under this Contract, including but not limited to the documents referred to in
Section 4 of this Contract, in accordance with generally accepted accounting principles, consistently
applied. Upon ten (10) business days written notice to the other, representatives of Monroe County, the
VAB or Attorney shall have access, at all reasonable times, to all the other party's books, records,
correspondence, instructions, receipts, vouchers and memoranda (excluding computer software)
pertaining to work under this Contract for the purpose of conducting a complete independent fiscal
audit. Attorney shall retain all records required to be kept under this Contract for a minimum of five
years, and for at least four years after the termination of this Contract. Attorney shall keep such records
as are necessary to document the performance of the Contract and expenses as incurred, and give access
to these records at the request of Monroe County, the VAB, the State of Florida or authorized agents
and representatives of said government bodies. It is the responsibility of Attorney to maintain
appropriate records to insure a proper accounting of all collections and remittances. Attorney shall be
15
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M.7.a
responsible for repayment of any and all audit exceptions which are identified by the Auditor General
for the State of Florida, the Clerk of Court for Monroe County, the VAB, or their agents and
representatives.
Florida Public Records Law: Attorney agrees that, unless specifically exempted or excepted by Florida
Law or Rules and Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes,
generally require public access to all records and documents which may be made or received under this
Contract. Attorney agrees to consult with the County Attorney's office concerning the application of
the Public Records Law from time to time concerning specific circumstances that may arise during the
term of this Contract.
Pursuant to F.S. 119.0701, Attorney shall comply with all public records laws of the State of Florida,
including but not limited to:
a. Keep and maintain public records required by the VAB in order to perform the service.
b. Upon request from the public agency's custodian of public records,provide the public agency with co
a copy of the requested records or allow the records to be inspected or copied within a reasonable time >
at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise C)
by law. It-
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c. Ensure that public records that are exempt or confidential and exempt from public records LO
disclosure requirements are not disclosed except as authorized by law for the duration of the contract LL
term and following completion of the contract if the Attorney does not transfer the records to the public C)
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agency.
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d. Upon completion of the contract, transfer, at no cost, to the VAB all public records in possession of r-
the Attorney or keep and maintain public records required by the public agency to perform the service. 0
If the Attorney transfers all public records to the public agency upon completion of the contract, the
contractor shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Attorney keeps and maintains public records upon
completion of the contract, the Attorney shall meet all applicable requirements for retaining public
records. Attorney shall comply with the State of Florida Records Retention GS1-SL time schedule for 0
retention and destruction. All records stored electronically must be provided to VAB, upon request from ®o
the VAB's custodian of records, in a format that is compatible with the information technology systems
of the VAB.
IF THE ATTORNEY HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE ATTORNEY'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, VAB CLERK, AT (305) 292-3550,
vabclerk cr,monroemclerk.com, c/o Monroe County Clerk's Office, PO Box 1980, Key
West, FL. 33041-1980.
This provision shall survive the termination of this Contract.
7. Modification: Additions to, modification to or deletions from the provisions set forth in this
Contract shall be effective only in writing and approved by VAB.
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M.7.a
8. Indemnification and Hold Harmless: The Attorney agrees to indemnify and hold Monroe
County Value Adjustment Board harmless for any and all claims, liability, losses and causes of action
which may arise out of its fulfillment of the Contract. It agrees to pay all claims and losses, including
related court costs and reasonable attorneys' fees, and shall defend all suits filed due to the negligent
acts, errors or omissions of the Attorney employees and/or agents.
9. Insurance. The Attorney shall provide and maintain at all times during the term of any contract,
without cost or expense to the County, policies of insurance, with a company or companies authorized
to do business in the State of Florida, and which are acceptable to the County, insuring the Attorney
against any and all claims, demands or causes of action whatsoever, for injuries received or damage to
property relating to the performance of duties, services and/or obligations of the Attorney under the
terms and provisions of the Contract. The Attorney is responsible for timely provision of certificate(s) C
of insurance to the County at the certificate holder's address evidencing conformance with theCcontract W
requirements at all times throughout the term of the Contract. Such policies of insurance, and
confirming certificates of insurance, shall ensure the Attorney is in accordance with the following
minimum limits:
Commercial general liability covering claims for injuries to members of the public or damage to
property of others arising out of any covered act or omission of the Attorney or any of its employees,
agents or subcontractors or subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with the following LO
minimum limits: LL
Combined single limit: $300,000
If split limits are provided, the minimum acceptable limits shall be $100,000 per person, a
$300,000 per occurrence, $50,000 property damage.
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Automobile liability insurance, including owned-non-owned, and hired autos with the following
minimum limits and coverage:
Combined single limit: $300,000 a�
If split limits are provided, the minimum acceptable limits shall be: U)
$200,000 per person,
$300,000 per occurrence, $200,000 property damage.
Workers' Compensation insurance as required by the State of Florida.
Employers Liability Insurance with the following minimum limits:
Each accident $500,000
Disease—each employee $100,000
Disease—policy limits $100,000
Professional Liability in the minimum amount of$500,000 per occurrence/ $1 million aggregate.
The VAB shall be named as an additional insured with respect to Attorney's liabilities on the general
liability and automobile liability policies.
The Attorney shall provide to the VAB certificates of insurance or a copy of all insurance policies at
time of execution of the contract or within five (5) days thereafter. The Attorney shall also provide new
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M.7.a
certificates whenever the term of the prior policy expires. The VAB reserves the right to cancel the
contract at any time if proof of proper insurance coverage is not provided.
The Attorney is responsible for subcontractors and their insurance.
Failure to obtain and maintain the insurance coverages set out above will be considered a breach of
contract and may result in termination for default.
10. Taxes: The VAB, Monroe County and Monroe County School Board are exempt from Federal
Excise and State Florida Sales Tax.
11. Finance Charges: The VAB, Monroe County, and Monroe County School Board will not be a
responsible for any finance charges.
12. Independent Contractor: It is the intent of the parties hereto that the Attorney shall be legally
considered as an independent contractor and that neither it nor its employees or agents shall, under any
circumstance, be considered servants or agents of the VAB and VAB shall at no time be legally co
responsible for any negligence on the part of said successful responder, its employees or agents,
resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. C)
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13. Disclosure: At any time during the term of this Contract, the Attorney is required to list any or ,
all potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics LO
Ordinance. The Attorney shall disclose all actual or proposed conflicts of interest, financial or LL
otherwise, direct or indirect, involving any client's interest which may conflict with the interests of the
VAB.
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14. Assi_ng ment: the Attorney shall not assign, transfer, convey, sublet or otherwise dispose of this
Contract, or of any or all of its right, title or interest therein, or his or its power to execute such contract 0
to any person, company or corporation without prior written consent of the VAB.
15. Compliance With Laws: Attorney shall comply with all international, federal, state and local
laws and ordinances applicable to the work or payment for work thereof.
16. Force Majeure: The Attorney shall not be liable for delay in performance or failure to perform,
in whole or in part, the services due to the occurrence of any contingency beyond its control or the >
control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or a
act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil E
commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm,
flood, drought, or other act of God, act of any governmental authority, jurisdictional action, or
insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the Attorney
has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute
a breach of this Contract.
17. Governing Law/Venue: This Contract shall be governed and construed by and in accordance
with the laws of the State of Florida and constitutes the entire Contract between the VAB and Attorney.
Venue of any court action filed relative to this Contract shall lie in Monroe County, Florida.
18. Antisolicitation: The Attorney warrants that no person has been employed or retained to solicit
or secure this contract upon an understanding for a commission, percentage, brokerage, or contingent
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M.7.a
fee and that no member of the Monroe County government or the VAB has any interest, financially or
otherwise in the Attorney or its subcontractors.
19. Severability: If any provision of the Contract shall be held by a Court of competent jurisdiction
to be invalid or unenforceable, the remainder of this Contract, or the application of such provision other
than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of
the Contract shall be valid and enforceable to the fullest extent permitted by law.
20. Notice: Any notice required or permitted under this Contract shall be in writing and hand-
delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as
follows:
For VAB: For Attorney:
Monroe County Clerk of Court
500 Whitehead Street
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Key West, FL 33040
VAB shall give notice to Attorney of any meetings at which the Attorney's presence is required or
requested. Said hearings and meetings shall be held throughout Monroe County in Key West, Marathon
and Key Largo.
21. Ethics Clause: The Attorney warrants that it has not employed, retained or otherwise had act onLO
its behalf, any former Monroe County officer or employee in violation of Section 2 or Ordinance No. a.
104990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For
breach or violation of the provision, the VAB may, at its discretion terminate this Contract without
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liability and may also, at its discretion, deduct from the Contract or purchase price, or otherwise N
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recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or U)
present County officer or employee. 0
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22. Public Entity Crime Statement: A person or affiliate who has been placed on the convicted CD
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vendor list following a conviction for public entity crime may not submit a response on a contract to
provide any goods or services to a public entity, may not submit a response/bid on a contract with a 2
public entity for the construction or repair of a public building or public work, may not submit
responses/bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant 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,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
23. General Requirements of Attorney
a) Ownership of Attorney Files and Work Product. Attorney understands that all files and work
product prepared by Attorney or his or her firm at the expense of VAB (or for which VAB is otherwise
billed) are the property of VAB. Without VAB's prior written approval, this work product may not be
used by Attorney or his or her firm nor disclosed by Attorney or his or her firm to others, except in the
normal course of Attorney's representation of VAB in this matter. Attorney agrees that VAB owns all
rights, including copyrights, to materials prepared by VAB or by Attorney on behalf of VAB. Attorney
shall notify VAB in writing at least 60 days in advance of destroying any such records and, in the event
that VAB requests that they be preserved, shall preserve them at least one additional year (with VAB
responsible for paying the actual cost of storage). Attorney shall comply with the State of Florida
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M.7.a
Records Retention GS1-SL time schedule for destruction. Attorney shall provide VAB with prompt
access to (including the ability to make copies of) all attorney files and work product, regardless of
whether the representation or matter is ongoing and whether attorney fees and expenses have been paid
in full.
b) Dispute Resolution. Attorney and VAB agree that all disputes regarding Attorney's fees or
expenses are to be resolved pursuant to the procedures and practices for mediation by the Attorney
Consumer Assistance Program of the Florida Bar.
c) Entire Contract. The entire Agreement between the VAB and Attorney with respect to the
subject matter hereof is contained in this Contract. This Contract supersedes all prior oral and written
proposals and communications between the VAB and Attorney related to this Contract. No provision of a
this Contract shall be deemed waived, amended or modified by either party unless such waiver, W
amendment or modification is in writing and signed by the party against whom the waiver, amendment
or modification is claimed. This Contract shall be binding upon and inure to the benefit of the parties
hereto, their permitted successors and assigns.
d) Captions. The captions set forth herein are for convenience of reference only and shall not define,
modify, or limit any of the terms hereof.
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e) Conflicts in Interpretation. The VAB and Attorney agree that, in the event of conflicting ,
interpretations of the terms or a term of this Contract by or between them, the final interpretation by the L6
VAB shall apply. LL
f) Adjudication of Disputes and Disagreements. The VAB and Attorney agree that all disputes and
disagreements between them shall be attempted to be resolved by a meet and confer session between
representatives of the VAB and Attorney. If the issue or issues are still not resolved to the satisfaction
of both within 30 days after the meet and confer session, then either shall have the right to seek such 0
relief as may be provided by this Contract or by Florida law.
g) Cooperation. In the event any administrative or legal proceeding is instituted against either the
VAB or Attorney relating to the formation, execution,performance, or breach of this Contract, the VAB
and Attorney each agree to participate, to the extent required by the other, in all proceedings, hearings, 0
processes, meetings, and other activities related to the substance of this Contract. The VAB and co
Attorney each agree that neither shall be required to enter into any arbitration proceedings related to this >
Contract or any Attachment or Addendum to this Contract.
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h) Legal Obligations and Responsibilities - Non-delegation of Constitutional or Statutory Duties.
This Contract is not intended to relieve, nor shall it be construed as relieving, either the VAB or
Attorney from any obligation or responsibility imposed upon each by law except to the extent of actual
and timely performance thereof by the other, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further this Contract is not intended to authorize, nor
shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the VAB,
except to the extent permitted by the Florida Constitution, state statutes, case law, and, specifically, the
provisions of Chapter 125, Florida Statutes.
i) Attorney's Fees and Costs. In the event any administrative proceeding or cause of action is
initiated or defended by the VAB or Attorney relative to the enforcement or interpretation of this
Contract, the prevailing party shall be entitled to an award of reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
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M.7.a
include reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Contract or as may be
required by a court of competent jurisdiction shall be conducted in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.
j) Authority. Attorney warrants that Attorney is authorized by law and the Rules and Regulations
of The Florida Bar to engage in the performance of the activities encompassed by this Contract. If
Attorney is a member of a law firm, either as partner, shareholder, associate, or other relationship,
Attorney warrants that he/she is authorized to enter into this Contract by Attorney's law firm.
k) Non-Discrimination. Attorney shall not discriminate, in its employment practices and in
providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, (L
ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall abide by all
federal and state laws regarding non-discrimination. Upon a determination by a court of competent
jurisdiction that such discrimination has occurred, this Contract automatically terminates without any
further action by the VAB, effective the date of the court order. Attorney is aware of the provisions of
Section 13-101 through 13-106, Monroe County Code, relating to non-discrimination, and agrees to CO
abide by the Code's nondiscrimination requirements.
C)
1) Claims for State or Federal Aid. The VAB and Attorney agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract, ,
provided that all applications, requests, grant proposals, and funding solicitations by Attorney shall be L6
approved by the VAB prior to submission. LL
m) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or
any of them, of this Contract to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the VAB and Attorney agree that neither r_
the VAB nor Attorney or any officer, agent, or employee of each shall have the authority to inform, 0
counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated under this Contract.
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n) Attestations. Attorney agrees to execute such documents as the VAB may reasonably require, 0
including a Drug-Free Workplace Statement, and a Public Entity Crime Statement.
o) Signatures of Parties Required. This Contract shall not be effective until executed by both VAB
and Attorney and received in final executed form by an authorized representative of VAB.
p) No Personal Liability. No covenant or obligation contained in this Contract shall be deemed to
be a covenant or obligation of any member, officer, agent or employee of the Value Adjustment Board in
his or her individual capacity and no member, officer, agent or employee of the Value Adjustment Board
shall be liable personally on this Contract or be subject to any personal liability or accountability by
reason of the execution of this Contract.
q) Execution in Counterparts. This Contract may be executed in any number of counterparts, each
of which shall be regarded as an original, all of which taken together shall constitute one and the same
instrument and the VAB and Attorney may execute this Contract by signing any such counterpart.
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M.7.a
IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above
written.
(SEAL) (Attorney)
Attest:
By
(SEAL) VALUE ADJUSTMENT BOARD
Attest: KEVIN MADOK, CPA, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM: LO
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Assistant County Attorney @
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Date:
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M.7.a
SECTION THREE
RESPONSE /BID FORMS
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M.7.a
RESPONSE FORM
RESPONSE TO: Request for Proposals —Private Legal Counsel for
Monroe County Value Adjustment Board
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No(s)
I have included:
Response Form IJ Non-Collusion Affidavit IJ
Ethics Clause Ll Drug-Free Workplace L
(Check mark items above, as a reminder that they are included.) �!
Mailing Address: Telephone: IL
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Fax:
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Date: a)
By signing and submitting this Proposal, I am certifying that (a) I have practiced law for over five 0i
(5) years; (b) I am not a member or an employee of any taxing authority; and (c) I do not
represent any property owner in an administrative or judicial review of property tax issues.
as
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Signed: Date:
(Name)
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(Title)
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M.7.a
NON-COLLUSION AFFIDAVIT
I of the city of according to
law on my oath, and under penalty of perjury, depose and say that:
l. I am
of the firm of
in response to the Notice for Request for Proposal for:
Legal Counsel Services for Monroe County Value Adjustment Board and that I executed the said
proposal with full authority to do so.
2. This response has been arrived at independently without collusion, consultation, 2
communication or Agreement for the purpose of restricting competition, as to any matter relating to
qualifications or responses of any other responder or with any competitor; and 00
no attempt has been made or will be made by the respondent to induce any other person,partnership or
corporation to submit, or not to submit, a response for the purpose of restricting competition;
3. The statements contained in this affidavit are true and correct, and made with full LO
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knowledge that Monroe County VAB relies upon the truth of the statements contained in this affidavit LL
in awarding contracts for said project.
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(Signature of Respondent) (Date) 0i
STATE OF:
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COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, who,
after first being sworn by me, (name of individual signing) affixed his/her signature in the space E
provided above on this day of 20
NOTARY PUBLIC
My Commission Expires:
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M.7.a
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Attorney) warrants that he/she 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. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance
No. 10-1990. For breach or violation of this provision the Value Adjustment Board may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract 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. U-
(Attorney)
(Signature)
(Date)
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STATE OF
COUNTY OF cv
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PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after 0
first being sworn by me, affixed his/her signature (name of individual signing)in the space provided above on
this day of , 20
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NOTARY PUBLIC
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My commission expires:
OMB -MCP FORM 44
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M.7.a
DRUG-FREE WORKPLACE FORM
The undersigned respondent, in accordance with Florida Statute 287.087, hereby certifies that:
(Name of Firm)
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's 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
responseibid a copy of the statement specified in subsection (1).
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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 response/bid, the employee will abide by the LO
terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo LL
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. Z
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5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or 0
rehabilitation program if such is available in the employee's community, or any employee who is so @I
convicted.
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6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of
this section. 0
As the person authorized to sign the statement, I certify that this firm complies fully with the above >
requirements.
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Respondent's Signature
Date
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