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Item R2 R.2 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 November 20, 2019 Agenda Item Number: R.2 Agenda Item Summary #6200 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470 No AGENDA ITEM WORDING: Approval of Second Amendment to Professional Services Agreement between Monroe County and the law firm of Allen Norton & Blue, P.A., which provides outside counsel representation to the County in labor and employment law matters. ITEM BACKGROUND: In May 2014, the BOCC approved a Professional Services Agreement with the law firm of Allen, Norton & Blue, P.A., for legal advice and representation in labor and employment law matters. The law firm is one of the preeminent law firms in the State in this subject matter area. The current Agreement caps the total expenditures at ten thousand dollars ($10,000)per fiscal year. Staff is asking to raise the maximum slightly, to $11,000 per fiscal year. PREVIOUS RELEVANT BOCC ACTION: 5/21/2014: The BOCC approved a Professional Services Agreement with the law firm of Allen, Norton & Blue, P.A., for legal representation in labor and employment law matters. CONTRACT/AGREEMENT CHANGES: Changes max spending from $10,000 per fiscal year to $11,000 per fiscal year. STAFF RECOMMENDATION: Approval. DOCUMENTATION: DIGITALLY STAMPED AND EXECUTED ANB Second Amendment 10.2.19 (10 21 19) EXECUTED First Amendment Allen Norton & Blue 114 19 Allen Norton & Blue 052114 FINANCIAL IMPACT: Effective Date: June 21, 2017 Expiration Date: No expiration date. Packet Pg. 2785 R.2 Total Dollar Value of Contract: Up to $11,000 per fiscal year. Total Cost to County: Up to $11,000 per fiscal year. Current Year Portion: Budgeted: Yes Source of Funds: Ad valorem CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes —as specified in the original agreement. Additional Details: The maximum spending cap is revised from $10,000 to $11,000 per fiscal year, retroactive to August 1, 2019. REVIEWED BY: Cynthia Hall Completed 10/11/2019 2:26 PM Bob Shillinger Completed 11/03/2019 2:04 PM Budget and Finance Completed 11/04/2019 11:33 AM Maria Slavik Completed 11/04/2019 3:08 PM Kathy Peters Completed 11/04/2019 4:56 PM Board of County Commissioners Pending 11/20/2019 9:00 AM Packet Pg. 2786 co z 0 SECOND AMENDMENT TO PROFESSONAL SERVICES AGREEMENT E nits Second Amendment ("Amendment")is entered into this _day of November 2019,by E and between the Board of County Commissioners of Monroe C'ounty,Florida("County"), and Allen,Norton, and Blue, P.A. ("Firm"). 0 WITNESSETI-1 WHEREAS,the parties previously entered into an Professional Services Agreement on May 21, 2014 ("Agreernent") whereby the County hired the services of the Firm for labor and employment law counsellingmd representation; and WHEREAS,the parties entered into as First Arriendrnent'l'o Professional Services("First Amendinent") or).June, 21, 2017 to increase the tatted dollar arnount authorized to be spent under C14 the Agreement up to $10,000,06 per fiscal year; and WHEREAS,the parties have exceeded the$10,000.00 maximurri by approximately $326,85 in fiscal year 18/19 and therefore now wish to revise the Agreement in order to allow for payment of services in excess ofthe $10,000,00 for fiscal year 2018/19 and to increase the allowable E arnount fwr future years. E NOW TFIERETORE, in consideration of the provisions contained herein, the parties agree as follows: 0 1. Article 2 of the A,greement is hereby revised to statea "The Firm shall provide legal (n co representation with regard to Labor and Employment law matters as requested, up to as z maximurri of elleven thousand dollars ($11,000,00)per fiscal year." w 2. '"rhis Amendment shall apply retroactiv(;,,1y to August 1, 2019,and shall. apply to fiscal w year 2018/19 as well as.future fiscal years, X w 3. In all other respects the tennis of the Agreement, dated May 21, 2014, as amended June z 21, 2017, not inconsistent with the terms here in remain in full. force and effect. w [The remainder of this page intentionally left bhuik] E Packet Pg. 2787 R.2.a co IN WITNESSI- �, ��`,the County and the Firm have executed this Amendment. Board of County Commissioners f Monroe County,Florida 0 y: . ....._. . ....,_.. _ Mayor g a� a� N For the Finn, .Allen,No, h. and Blue, ,A. E Z"f.Norton, Managing Partner � 0 APPROVED AS TO FOR MONROE COUNTY ATTORNEYS OFFICE Digitally signed by Cynthia t...Hall DN:cn Cynthia L.Halt,o-.Munroe , County BDCC,a.,email-hall- cynth[ah!'.+monroeeo only-ft.gov, c,.Uti Date:2019.10,21 14:39:58-04'00' f� 4� 2 Packet Pg. 2788 FIRST AMENDMENT TO PROFESSONAL SERVICES AGREEMENT This amendment("Amendment") is entered into this 9/d y of June 2017, by and between the 6 Board of County Commissioners of Monroe County, Florida("County"), and Allen, Norton, and Blue, P.A. ("Firm"). 0 co WITNESSETH 0 WHEREAS,the parties previously entered into a Professional Services Agreement on May 21, 2014 ("Agreement") whereby the County hired the services of the Firm for labor and E employment law counselling and representation; and WHEREAS, the Professional Services Agreement provided that the County could expend a total of ten thousand dollars ($10,000.00), maximum, over the term of the Agreement; WHEREAS, it is necessary to raise the hourly rate for attorneys by ten dollars ($10.00) per hour; and WHEREAS,the parties have reached the upper limit of that contractual amount and now wish to revise the Agreement in order to increase the total dollar amount authorized to be spent under the Agreement; NOW THEREFORE, in consideration of the provisions contained herein, the parties agree as follows: 06 1. Article 2 of the Agreement is hereby revised to state: "The Firm shall provide legal 0 representation with regard to Labor and Employment law matters as requested, up to a maximum of ten thousand dollars ($10,000.00)per fiscal year." 2. Article 3 of the Agreement is revised to reflect an hourly rate of$275.00 for attorneys' fees, for services performed by partners and associates. E 3. In all other respects the terms of the Agreement, dated May 21, 2014, between Monroe County and the Firm remains the same. W / [The remainder of this page intentionally left blank.] t c� 1 Packet Pg. 2789 IN WITNESS WHEREOF, the County and the Firm have executed this Amendment, which shall be effective as of the day and year first above written. Board of County Commissioners U Of Monroe County, Florida By: 5 le in Mac ,'`Clerk George Neugent, Mayor By:� Deputy Clerk E For the Firm, 0 Allen, Norton and Blue, P.A. (n B Norton, Managing Partner 06 o CO a 0 In _7 O N � O � UO N YULA- � tal O R vc � 2 � �- N MONROE COUNTY ATTORNEY AP MOVE AST (gRty�l:� YNTHIA L. ALL -/ ASSjSTANT COUNTY ATTORNEY Date s-as- 2,o 2 Packet Pg. 2790 R.2.b Client#:7580 ALLENNOR DATE(MMiDD/YYYY) ACORD- CERTIFICATE OF LIABILITY INSURANCE 3/16/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the 0) certificate holder in lieu of such endorsement(s). PRODUCER CONPA f O NAME: 0 Bouchard Insurance(CLW) PHO Nc Ex1�:727 447-6481 1 FAvc.No); 727 449-1267 as 101 N Starcrest Dr. E-MAIL ADDRESS: cicertsftmyers@bouchardinsurance.com Clearwater,FL 33765 i U) INSURER(S)AFFORDING COVERAGE NAIC# 727 447-6481 I � � - O INSURER A:Allied P&C Ins Co 42579 INSURED INSURER B Zenith Insurance Company 13269 Allen,Norton&Blue, PA INSURER C: 121 Majorca Ave. INSURER 0 O : Coral Gables, FL 33134 ------.. INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLISUBR POLICY EFF POLICY EXP LTR _ TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYYj_(MMID.,YYYYl___ _..LIMITS O A GENERAL LIABILITY Y Y ACP5964392062 3/16/2017 03/16/2O1 EACH OCCURRENCE 1$1 000000 X COMi1FRCIAt.GENERAL LIABILITY DAMAGE Tp RENTED PREMISES(, o cwr9ncej $300e000 CLAIMS-MADE OCCUR MED EXP{Anp one person) $5,000 PERSONAL&AW INJURY $1,000,000 r GENERAL AGGREGATE j$2,000,000 _ ° G N L AGGREGATE LIMIT APPLIES PER: PRODUCTS,-COMP/OP AGG r$2,000,000 °U) Xl POL-1C 1 -I PEA -- - AUTOMOBILE LIABILITY COMBINED SINGLE LIh411 A it_ ACP5964392062 3/1612017 03/16/201 EaaccJdantl, t$1,000,000 _ s ANY AUTO BODILY INJURY(Per person) IS ALL OWNED SCHEDULED r A'JTOS AUTOS; I BODILY INJURY(Per accident)I i i AONo WNED J21Y DAMAGE ' X HIREDAUTOS X � — par a-odentl A ,? X UMBRELLA LIA9 r X occur, ACP5964392062 3/16/2017 03/16/2018 EACH OCCURR NCE $5,000,000_ __ EXCESS LIAB CLAIMS-MADE AGGREGATE i$5,000,000 DED] X1RETENHONS10,000 WORKERS COMPENSATION WCSfATU- `fU1H B Y Z127531501 1/01/2017 01/01/201 X ITORYLIMITS I IER I � AND EMPLOYERS'LIABILITY YIN N j ANY PROPRIETORIPARTNER/EXECUTIVE N I A E.L.EACH ACCIDENT I$500,000 I OFFICER/MEMBER EXCLUDED "—`" "--" 1(Mandatory In NH) N i i E L DISEASE EA E nPLovtE�s500,000 If yes,describe under _ - D°SCRIPTION OF OPERATIONS helov. E L DISEASEPOLICY LIMIT S500,000 _. i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional ?rrenpp i�r 1n1�Aa77 IY � BY (,PC. DATE WAIVER N/A YES_ (See Attached Descriptions) UJI CERTIFICATE HOLDER CANCELLATION UJI MONROE COUNTY BOARD OF COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN UJI COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 1111 -12 STREET,SUITE 408 KEY WEST, FL 33040-0000 AUTHORIZED REPRESENTATIVE O ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S638337/M638304 DANSU Packet Pg. 2791 • R.2.b DESCRIPTIONS (Continued from Page 1) NOTICE: U) Bouchard Insurance is required to comply with the licensing agreement we hold with ACORD. ACORD,in conjunction with the Department of Insurance,creates and enforces the rules and regulations 0 pertaining to proper use of the Certificate of Liability Insurance form. U) We are required to mark a Y next to the line of business in which the Additional Insured or Waiver of Subrogation coverage applies.According to ACORD,the Description of Operations section must be limited to describing information necessary to identify the operations,locations and vehicles for which the certificate was issued. Please note the Description of Operations section of the Certificate cannot be used to add additional information except as just described. Marking a Y next to the line of business adequately documents coverage. Equally important,it satisfies the rules and regulations governing the proper use of the Certificate of Liability Insurance form. Certificate is a reflection of the current coverages provided for the insured.Limits and coverages are afforded to the certificate holder only if required by written contract. 0 0 a� a� 0 0 ca SAGITTA 25.3(2010105) 2 of 2 ' #S638337/M638304 Packet Pg. 2792 PROFESSIONAL SERVICES AGREEMENT at THIS AGREEMENT is made and entered into this;-� day of d/�by and between MONROE COUNTY, hereinafter referred to as Client, and ALLEN, RTON & BLUE, P.A., hereinafter referred to as Firm: WHEREAS, the Client requires certain professional legal services; and, WHEREAS, the Firm represents that it is capable of providing such Services: E NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: U) 0 ARTICLE 1 - EFFECTIVE DATE U) The effective date of this Agreement shall be April 17, 2014. ARTICLE 2 -SERVICE TO BE PERFORMED 0 The Firm shall provide legal representation with regard to Labor and Employment Law matters as requested by Monroe County, up to a maximum of ten thousand ($10,000.00) dollars. 0 ARTICLE 3 -COMPENSATION The Client shall pay the Firm as follows: FEES: For all services performed by the Firm, the hourly rates of $265.00 will be paid for services performed by partners, $265 .00 for services performed by associates, and $100.00 for services performed by paralegals. LO COSTS: 1. Photocopies shall be charged at the rate of$.35 cents per page; 0 2. Fax receipts or transmittals shall be charged at the rate of$.50 per page 3. The Firm's actual cost for all other expenses such as lodging, travel expenses, court reporters, service of process, witness fees, electronic research, postage, overnight delivery, etc. Travel expenses shall be charged at the rate set forth in Section 112.061, Florida Statutes, on a travel voucher form supplied by the County. RETAINER A retainer will not be required. Packet Pg. 2793 • R.2.c BILLING All bills shall be sent to the Client on a monthly basis. All bills shall be paid in accordance with Florida Government Prompt Payment Act unless there are disputed charges. All billing shall be done in .10 hour increments. Each bill will include a total to date figure on individual cases. The bills will list the names of the attorneys or paralegals working on the matter. Each entry will delineate who has done the work via initials or some other method. The Client will receive early and frequent evaluation of all cases. If the client is not likely to prevail in the litigation, the Client will be advised in order to minimize litigation costs, and settle the case. ARTICLE 4 -STANDARD OF CARE U) The Firm shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by Attorneys under similar circumstances and the Firm shall, at no additional cost to the Client, re-perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 -COMPLIANCE WITH LAWS 0 In performance of the Services, the Firm will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. 0 ARTICLE 6 - INSURANCE During the performance of the Services under this Agreement, the Firm shall maintain Professional Liability Insurance, which shall be written by an insurance company authorized to do business in Florida. This insurance shall provide coverage against such liability resulting from this Contract. The minimum limits of coverage shall be $5,000,000 with a deductible not to exceed $50,000. Iq Ir- ARTICLE 7 -TERMINATION OF AGREEMENT LO Client shall have the right to terminate this Agreement or suspend performance thereof without cause for the Client's convenience upon written notice to the Firm, and the Firm shall have the 06 right to terminate or suspend performance of Services upon written notice to the Client and upon terms consistent with the Rules Regulating the Florida Bar and the State and Federal Rules of Civil Procedure. ARTICLE 8 - UNCONTROLLABLE FORCES Neither the Client nor the Firm shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with Packet Pg. 2794 . R.2.c reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 9- DISPUTE RESOLUTION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The prevailing party in any proceeding to resolve a dispute under this Agreement shall be entitled to recover reasonable expenses, including attorney's fees and costs. IN WITNESS WHEREOF, the Client and the Firm have executed this Agreement as of the day and year first above written U) ALLEN, NORTON & BLUE, P.A. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS U) 0 By. By: Sylvia J. Murphy Name: Robert L. Norton Name: y P y Title: /►� 1rx�l �ll� SPX 1 i ayor LO WA ". RK i M6 C�UMv M DEPUTY CLERK MONROE COUNTY ATTORNEY `= rJ Q PRO ED A T F RM: 0 N _ :i- ��,'� CYNTHIA L. ALL a � +- TY ATTORNEY .Qx ASSI ANT COON p N too Date_. ,, .: ,:,� r_ C) Jp U. C= � Packet Pg. 2795