Item R4 R.4
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: R.4
Agenda Item Summary #8068
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
n/a
AGENDA ITEM WORDING: Approval of recommendations of selection committee and approval
of a contract with a 4-law firm consortium led by Baron & Budd, P.A., to serve as outside litigation
counsel to represent the County in potential litigation against manufacturers and distributors to
recover damages incurred by the County from environmental claims arising out of the presence of
per- and polyfluoralkyl substances (PFAS), and in particular, from aqueous film-forming foam
(AFFF) containing PFAS. 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 potential
litigation against manufacturers and distributors to recover damages incurred by the County from
environmental claims arising out of the presence of per- and polyfluoralkyl substances (PFAS), and
in particular, from aqueous film-forming foam (AFFF) containing PFAS.
Based on testing that has already been done, Monroe County believes that PFAS is present at
the Monroe County Fire Rescue Training Academy located on Grassy Key. In addition, the
County anticipates (based on the knowledge that aqueous film-forming foam ("AFFF")is stored
there and deployed there, either for live incidents or for testing, or both), that PFAS will be found at
the Key West International Airport and the Florida Keys/Marathon International Airport, but no
testing has been done to date. PFAS may also be found in other locations.
The litigation described herein is intended to seek to recover expenses that the County has incurred,
or that it believes it will need to incur in the future, for expenses associated with PFAS, including but
not limited to testing, remediation, and monitoring. At present, this RFP is limited to litigation
involving PFAS-containing AFFF (as compared to, other products containing AFFF).
The RFP is intended to cover only physical locations under the control of the unincorporated
Monroe 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
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damages on behalf of the municipalities within the County (Key West, Marathon, Key Colony
Beach, Layton, and Village of Islamorada) and/or the Key Largo Fire and EMS District.
Alternatively, any of these entities may attempt to piggyback on the County's selection process.
The RFP seeking proposals for legal counsel was issued on January 19, 2021. Two proposals were
received: One from a 4-law firm consortium composed of lawyers from the law firms of Baron &
Budd, P.A., Cossich, Sumich, Parsiola& Taylor, LLC, Young & Partners, LLP, and the Law Offices
of James W. Cusack, P.A., and the other from the law firm of Napoli Shkolnik, PLLC. A selection
committee to review, discuss and rank the proposals was convened on March 30, 2021. After
discussion, the selection committee decided to recommend acceptance of the proposal from the
Baron & Budd group as the first choice and the Napoli firm as second choice. The Selection
Committee felt that both proposals came from very qualified candidates demonstrating considerable
experience with respect to class action litigation in general and PFAS litigation in particular. The
Selection Committee ultimately recommended the Baron & Budd proposal because the contingency
fee was lower.
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.
Both respondents anticipated that any litigation filed on behalf of the County would ultimately
become part of the Multi District Litigation currently pending in South Carolina.
PREVIOUS RELEVANT BOCC ACTION: 1/21/2021, agenda item P4: BOCC granted approval
to issue RFP for law firms interested in representing the County in potential litigation against parties
involved in manufacture and distribution of substances containing PFAS.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
LSA draft- Monroe County FL 4.6.2021 clean
PFAS RFP Scoring Sheets signed
Sign In Sheet 3.30.2021
RFP potential PFAS litigation 1.19.2021
Notice of Intent to Award PFAS Counsel
FINANCIAL IMPACT:
Effective Date: 4-21-2021
Expiration Date:
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Total Dollar Value of Contract: TBD. Costs and fees limited to 20% of gross recovery.
Total Cost to County: No cost up front; costs and fees will come from any recovery.
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details:
No fiscal impact at present. 100% of costs and fees will be advanced by the firms, and will only
come from any recovery.
REVIEWED BY:
Cynthia Hall Completed 04/06/2021 11:31 AM
Bob Shillinger Completed 04/06/2021 12:59 PM
Purchasing Completed 04/06/2021 1:00 PM
Budget and Finance Completed 04/06/2021 1:01 PM
Maria Slavik Completed 04/06/2021 1:59 PM
Liz Yongue Completed 04/06/2021 2:31 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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R.4.a
LEGAL SERVICES AGREEMENT
1. IDENTIFICATION OF PARTIES. This Agreement is made between the Monroe County
("Client") and the law firms of Baron & Budd, P.C., Cossich, Sumich, Parsiola & Taylor LLC, _
Young & Partners, LLP, and the Law Offices of James W. Cusack, P.A. (collectively,
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"Attorneys").
2. RETENTION OF FIRM RATHER THAN PARTICULAR ATTORNEY. By signing this
Agreement, Client retains the law firms. Attorney services will be provided to Client by the firms c
and will not necessarily be performed by any particular attorney.
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3. AUTHORIZED REPRESENTATIVE OF CLIENT. Client designates Assistant County
Attorney Cynthia L. Hall, Esq., as the authorized representative to direct Attorneys and to be the 0
primary individual to communicate with Attorneys regarding the subject matter of Attorneys' 0
representation of Client under this Agreement. This designation is intended to establish a clear
line of authority and to minimize potential uncertainty, but not to preclude communication
between Attorneys and other representatives of Client.
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4. SCOPE AND DUTIES. Attorneys will provide legal services to Client with respect to
damages, compensation, and other relief to which Client may be entitled as a result of an Action
to be filed by Attorneys on behalf of Client against the manufacturer(s) of firefighting foam
products (known as "aqueous film forming foam" or "AFFF") and/or other products containing
perfluoroalkyl substances ("PFAS") (including perfluorooctanoic acid ("PFOA" or "C8")
perfluorooctane sulfonate ("PFOS"), and any other related compounds). Client hires Attorneys to
provide legal services in connection with pursuing claims against all those responsible for
damages Client suffered or will suffer. Attorneys shall provide those legal services reasonably
required to represent Client, and shall take reasonable steps to keep Client informed of progress
and to respond to Client's inquiries. Client shall be truthful with Attorneys, cooperate with
Attorneys, and keep Attorneys informed of any and all factual developments. 0
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5. LEGAL SERVICES SPECIFICALLY EXCLUDED. Unless otherwise agreed in writing r-
by Client and Attorneys, Attorneys will not provide legal services with respect to (a) defending
any legal proceeding or claim against the Client commenced by any person unless such
proceeding or claim is filed against the Client in the Action or (b) proceedings before any federal
or state administrative or governmental agency, department, or board including, but not limited to,
the United States Environmental Protection Agency. With Client's permission, however,
Attorneys may elect to appear at such administrative proceedings to protect Client's rights. If
Client wishes to retain Attorneys to provide any legal services not provided under this Agreement
for additional compensation, a separate written agreement between Attorneys and Client will be
required.
6. JOINT RESPONSIBILITY. Baron & Budd, P.C., Cossich, Sumich, Parsiola & Taylor
LLC, Young & Partners, LLP, and the Law Offices of James W. Cusack, P.A. assume joint legal
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responsibility to Client for the representation described in this Agreement and agree to be
available for consultation with the client. Client approves of and consents to the participation of
the firms in their representation.
7. ATTORNEYS' FEES. Client and Attorneys have agreed that Client will pay Attorneys a
contingent fee for representing Client in this matter. The fee is not set by law but is negotiable U_
between Attorneys and Client. Attorneys and Client agree that the contingent fee will be 6
calculated as described below.
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A. Calculation of Contingent Fee
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Attorneys will receive a contingency fee of 20% of any gross recovery (as defined c
below). Attorneys will also advance costs as set forth and defined below. If there
is no recovery by the Client, then no fees (or costs)will be owed to the Attorneys. 0
In any event, the fees and costs paid to the Attorneys will not exceed twenty
percent(20%) of the County's gross recovery.
B. Definitions
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"Costs" and "Expenses" include, but are not limited to, the following: process
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servers' fees, court reporters' fees, document management costs, messenger and other
delivery fees, investigation expenses, consultants' fees, expert witness fees, expert fees,
fees fixed by law or assessed by courts or other agencies, and other similar items,
incurred by Attorneys in the course of representing Client.
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(1) Travel Expense Waiver
Notwithstanding the above, Attorneys agree to waive all travel expenses,
including but not limited to transportation and lodging, and including but
not limited to travel to and from cause and origin areas, Client offices, and c
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the court in the Action and agree not to seek reimbursement from any 0)
recovery for any travel expenses. r_
"Document Management Costs" are the costs associated with collecting, copying,
and storing documents relevant to the Action as discussed in paragraph 8, below. These
costs include processing and hosting charges, hardware, software, and any other
resources necessary to manage documents.
"Gross recovery" means the total recovery, whether obtained by settlement,
arbitration award, court judgment following trial or appeal, or otherwise. "Gross
recovery" shall include, without limitation, the following: (1) the then-present value of
any monetary payments to be made to Client; and (2) the fair market value of any non-
monetary property and services to be transferred and/or rendered for the benefit of Client;
and (3) any attorney's fees recovered by Client as part of any cause of action that
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provides a basis for such an award. "Gross recovery" may come from any source,
including, but not limited to, the adverse parties to the Action and/or their insurance
carriers and/or any third party, whether or not a party to the Action.
If Client and Attorneys disagree as to the fair market value of any non-monetary
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property or services as described above, Attorneys and Client agree that a binding CL
appraisal will be conducted to determine this value. However, regardless of the binding
appraisal, the fee associated with non-monetary property or services transferred or
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rendered for the benefit of the Client shall not, in any case, exceed the amount of the
monetary payments made to the Client as part of the governing settlement or judgment. It
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is possible that payment to the Client by the adverse parties to the Action or their
insurance carrier(s) or any third-party may be deferred, as in the case of an annuity, a
structured settlement, or periodic payments. In such event, gross recovery will consist of 0
the initial lump sum payment plus the present value (as of the time of the settlement) of 0
the total of all payments to be received thereafter. The contingent fee is calculated, as
described above, by multiplying the net recovery by the fee percentage. The Attorneys'
fees will be paid out of the initial lump-sum payment if there are sufficient funds to
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satisfy the Attorneys' fee. If there are insufficient funds to pay the Attorneys' fees in full
from the initial lump sum payment, the balance owed to Attorneys will be paid from
subsequent payments to Client before there is any distribution to Client.
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C. Reasonable Fee if Contingent Fee is Unenforceable or if Attorney is Discharged
Before Any Recovery.
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In the event that the contingent fee portion of this agreement is determined to be
unenforceable for any reason or the Attorneys are prevented from representing Client on
a contingent fee basis, Client agrees to pay a reasonable fee for the services rendered. If
the parties are unable to agree on a reasonable fee for the services rendered, Attorneys
and Client agree that the fee will be determined by arbitration proceedings before a
neutral affiliated with the Judicial Arbitration and Mediation Services (JAMS); in any
event, Attorneys and Client agree that the fee determined by arbitration shall not exceed 2
20% of the gross recovery as defined in this agreement. If there is no recovery by Client, 0
no fee will be due to Attorneys.
D. Order or Agreement for Payment of Attorneys' Fees or Costs by Another Party.
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If a court orders, or the parties to the dispute agree, that another party shall pay
some or all of Client's attorneys' fees, costs, or both, Attorneys shall be entitled to the
greater of(i) the amount of any attorney's fees awarded by the court or included in the E
settlement or (ii) the percentage or other formula applied to the recovery amount not
including such attorney's fees. �t
8. COSTS AND EXPENSES.
A. General
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Client authorizes Attorneys to incur all reasonable costs and expenses and to hire
any investigators, consultants, or expert witnesses. If Attorneys incur such expenses
related specifically to the Client's individual case, Attorneys will obtain consent and seek
advice from Client before incurring such expenses which exceed $5,000.00. Attorneys
will advance all costs and expenses. If there is no recovery, Client will not be required to U-
reimburse Attorneys for costs and fees. In the event a recovery is less than incurred costs c.
and expenses, Client will not be required to reimburse Attorneys for costs/expenses,
above and beyond the recovery, and fees.
B. Document Management Costs
Attorneys have explored two means of managing litigation documents:
(1) Outsource to outside vendor. Attorneys contract with
outside vendors to collect, copy, and store documents. Attorneys advance 0
these costs, and Client reimburses Attorneys out of any recovery.
(2) Internal processing. Attorneys can create an internal
document management system by obtaining computer software, hardware, 0
and related resources necessary to collect, copy, store, organize, and
produce documents and data. This option obviates the need to outsource 2
this work to an outside vendor.
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Attorneys represent that the second option above, internal processing, is the better
choice for promoting efficiency, saving Client costs, and limiting legal expenses.
Client agrees that Attorneys may purchase the resources necessary to provide an
internal document management system for Client, subject to cost review and
approval by Client in advance of incurring any such costs. Attorneys may,
however, use outside vendors where costs or circumstances warrant.
9. SHARED EXPENSES. Client understands that Attorneys may incur certain expenses that
jointly benefit multiple clients, including, for example, expenses for experts and copying. Client
agrees that Attorneys may, in their discretion, divide such expenses equally or pro rata among
such clients, and deduct Client's portion of those expenses from Client's share of any recovery.
Prior client approval is not required for shared expenses. Nevertheless, Client shall only be
responsible for prudent, fair and reasonable expenses.
10. DIVISION OF ATTORNEYS' FEES. At the conclusion of the case, if a recovery is
made on behalf of Client, Client understands and agrees that the total Attorneys' fee will be
divided as follows: E
Baron & Budd, P.C. will receive thirty percent (30%), Cossich, Sumich, Parsiola &
Taylor LLC will receive thirty percent(30%), Young & Partners, LLP will receive twenty percent
(20%), and the Law Offices of James W. Cusack, P.A. will receive twenty percent(20%).
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11. MULTIPLE REPRESENTATIONS. Client understands that Attorneys do or may
represent many other individuals with actual or potential PFAS related litigation claims.
Attorneys' representation of multiple claimants at the same time may create certain actual or
potential conflicts of interest in that the interests and objectives of each client individually on
certain issues are, or may become, inconsistent with the interests and objectives of the other
Attorneys are governed by specific rules and regulations relating to professional responsibility in U-
representation of clients, and especially where conflicts of interest may arise from representation 6
of multiple clients against the same or similar defendants, Attorneys must advise clients of any
actual or potential conflicts of interest and obtain their informed written consent to our 0
representation when actual, present, or potential conflicts of interest exist. Client has conferred
with its own separate corporate or municipal counsel, and has determined that it is in its own best
interests to waive any and all potential or actual conflicts of which Client is currently aware as the 0
result of Attorneys' current and continuing representation of other entities in similar litigation. By
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signing this agreement, Client states that (1) it has been advised of the potential conflicts of 0
interest which may be or are associated with our representation of Client and other multiple
claimants; (2) it nevertheless wants Attorneys to represent Client; and (3) Client consents to
Attorneys' representation of others in connection with PFAS litigation (AFFF or otherwise).
Client remains completely free to seek other legal advice at any time even after signing this
agreement. However, Client does not consent to Attorneys' representation of any clients in
litigation adverse to Client, absent prior written consent. 2
12. POWER OF ATTORNEY. Client gives Attorneys a power of attorney to execute all �--
reasonable and necessary documents connected with the handling of the litigation associated with
this cause of action. Prior to signing any documents relative to settlement agreements,
compromises and releases, Attorneys will confer with and advise Client of the contents and
ramifications of such documents. Under no circumstances will Client's claims be settled without
obtaining Client's advance consent.
13. SETTLEMENT. Attorneys will not settle Client's claim without the advance approval of
Client, who will have the absolute right to accept or reject any settlement. Attorneys will notify 0
Client promptly of the terms of any settlement offer received by Attorneys.
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14. AGGREGATE SETTLEMENTS. Often times in cases where Attorneys represent multiple clients
in similar litigation, the opposing parties or defendants attempt to settle or otherwise resolve all of
Attorneys' cases in a group or groups, by making a single settlement offer to settle a number of
cases simultaneously. There exists a potential conflict of interest whenever a lawyer represents
multiple clients in a settlement of this type because it necessitates choices concerning the
allocation of limited settlement amounts among the multiple clients. However, if all clients
consent, a group settlement can be accomplished and a single offer can be fairly distributed E
among the clients by assigning settlement amounts based upon the strengths and weaknesses of
each case, the relative nature, severity and extent of injuries, and individual case evaluations. In <
the event of a group or aggregate settlement proposal, Attorneys may implement a settlement
program, overseen by a referee or special master, who may be appointed by a court, designed to
ensure consistency and fairness for all claimants, and which will assign various settlement values
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and amounts to each client's case depending upon the facts and circumstances of each individual
case. Client authorizes Attorneys to enter into and engage in group settlement discussions and
agreements that may include Client's individual claims. Although Client authorizes Attorneys to
engage in such group settlement discussions and agreements, Client retains the right to approve
any settlement of Client's claims, and Attorneys are required to obtain Client's approval before
settling Client's claims. U-
15. ATTORNEYS' LIEN. Attorneys will have a lien for attorneys' fees and costs advanced on all
claims and causes of action that are the subject of the representation of Client under this
Agreement and on all proceeds of any recovery obtained (whether by settlement, arbitration
award, or court judgment). If no recovery is obtained for Client, or if a lien is obtained that
exceeds the recovery by the Client, any lien in excess of the recovery for Client shall be released
by Attorneys. 0
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16. DISCHARGE OF ATTORNEYS. Client may discharge Attorneys at any time by written notice
effective when received by Attorneys. Unless specifically agreed by Attorneys and Client,
Attorneys will provide no further services and advance no further costs on Client's behalf after
receipt of the notice. If Attorneys appear as Client's attorneys of record in any proceeding, Client
will execute and return a substitution-of-attorney form immediately on its receipt from Attorneys.
In the event that Attorneys are discharged, for whatever reason, Attorneys and Client agree that
Attorneys will have a lien for attorneys' fees and costs advanced on all claims and causes of
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action that are the subject of the representation of Client under this Agreement and on all proceeds
of any recovery obtained (whether by settlement or court judgment). If no recovery is obtained for
Client or if a lien is obtained that exceeds the recovery by the Client then any lien in excess of the
recovery for Client shall be released by Attorneys.
17. WITHDRAWAL OF ATTORNEYS. Client and Attorneys agree that if, after investigation of the
facts and research of the law, Attorneys believe that Client's claims are of limited merit,
Attorneys may terminate this agreement with Client prior to and without filing suit. Termination
releases Attorneys from any further action on Client's claim and discharges Attorneys from this
Agreement. Termination will be effected via delivery service with signature receipt to the last 2
address provided by Client to Attorneys. After filing suit, Attorneys may withdraw with Client's 0
consent as permitted under the governing Rules of Professional Conduct. The circumstances
under which the Rules permit such withdrawal include, but are not limited to, the following: (a)
the representation will result in violation of the rules of professional conduct or other law; (b) if
withdrawal can be accomplished without material adverse effect on the interests of Client; (c) if U)
Client persists in a course of action involving Attorneys' services that Attorneys reasonably
believe is criminal or fraudulent or if Client has used Attorneys' services to perpetrate a crime or
fraud; (d) if Client insists upon pursuing an objective that Attorneys consider repugnant or
imprudent; (e) if Client fails substantially to fulfil an obligation to Attorneys regarding Attorneys'
services and has given reasonable warning that Attorneys will withdraw unless the obligation is
fulfilled; (f) the representation will result in an unreasonable financial burden on Attorneys; or (g)
if other good cause for withdrawal exists. Upon termination of representation, Attorneys shall
take steps to the extent reasonably practicable to protect Client's interests, will give reasonable
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notice to Client, will allow time for employment of other counsel, will surrender papers and
property to which Client is entitled, and will refund any advance payment of fee that has not been
earned. Notwithstanding Attorneys' withdrawal, Attorneys and Client agree that in all such cases
described herein above, Attorneys will have a lien for attorneys' fees and costs advanced on all
claims and causes of action that are the subject of the representation of Client under this
Agreement and on all proceeds of any recovery obtained (whether by settlement or court U-
judgment). If no recovery is obtained for Client or if a lien is obtained that exceeds the recovery 6
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by the Client any lien in excess of the recovery for Client shall be released by Attorneys.
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18. RELEASE OF CLIENT'S PAPERS AND PROPERTY. At the termination of services
under this Agreement, Attorneys will release promptly to Client on request all of Client's papers
and property. "Client's paper and property" includes correspondence, deposition transcripts, 0
exhibits, experts' reports, legal documents, physical evidence, and other items reasonably
necessary to Client's representation, whether Client has paid for them or not. 0.
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19. INDEPENDENT CONTRACTOR. The relationship to Client of Attorneys, and any
associate counsel or paralegal provided through Attorneys, in the performance of services under
this Agreement is that of Client to independent contractor and not that of Client to employee. No
other wording in this Agreement shall stand in derogation of this subparagraph. The fees and costs
paid to Attorneys for legal services rendered pursuant to this Agreement shall be deemed revenues
of their law office practices and not as remuneration for individual employment apart from the
business of that law office.
20. NOTICES. Client agrees to receive communications and documents from Attorneys via
email. Attorneys agree to receive communications and documents from Client via email. In the
event that Client needs to send hardcopy documents or other physical materials, Client agrees to
send those to Attorneys at the following addresses:
Baron & Budd, P.C.
3102 Oak Lawn Ave., Suite 1100
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Dallas, Texas 75219
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Cossich, Sumich, Parsiola& Taylor LLC 0
8397 Highway 23, Suite 100
Belle Chasse, Louisiana 70037
Young & Partners, LLP
320 West Kennedy Boulevard, Ste. 650
Tampa, Florida 33606
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Law Offices of James W. Cusack, P.A.
201 Alhambra Circle, Ste. 702
Coral Gables, Florida 33134
21. DISCLAIMER OF GUARANTEE. Although Attorneys may offer an opinion about
possible results regarding the subject matter of this Agreement, Attorneys cannot guarantee any
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particular result. Client acknowledges that Attorneys have made no promises about the outcome
and that any opinion offered by Attorneys in the future will not constitute a promise, guarantee, or
warranty.
22. ENTIRE AGREEMENT. This Agreement, including the Addendum, incorporated herein,
contains the entire agreement of the parties. No other agreement, statement, or promise made on U_
or before the effective date of this Agreement will be binding on the parties. 6
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23. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this
Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that
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provision and of the entire Agreement will be severable and remain in effect.
24. MODIFICATION BY SUBSEQUENT AGREEMENT. The parties may agree to modify
this Agreement by executing a new written agreement. 0.
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25. DISPUTES ARISING UNDER AGREEMENT. Client and Attorneys agree that any
controversy, claim, or dispute (including issues relating to the fee) arising out of or relating to this
Agreement, its performance, and/or its breach will be resolved by arbitration proceedings before a 0
neutral associated with the Judicial Arbitration and Mediation Services (JAMS). Disagreement as
to the fair market value of any non-monetary property or services, however, will be resolved in 2
accordance with paragraph 7.C.
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26. ATTORNEY'S FEES AND COSTS IN ACTION ON AGREEMENT. The prevailing party in
any action or proceeding to enforce any provision of this Agreement will be awarded reasonable
attorney's fees and costs incurred in that action or proceeding or in efforts to negotiate the matter.
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27. EFFECTIVE DATE OF AGREEMENT. This Agreement is effective when the Client
signs the Agreement. This Agreement applies to any services provided by Attorneys before its
effective date.
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28. MULTIPLE COUNTERPARTS. This Agreement will be effective whether or not 2
executed in multiple counterparts. 0
This agreement and its performance are subject to the Louisiana Rules of Professional Conduct
the Texas Disciplinary Rules of Professional Conduct, and the Florida Rules of Professional
Conduct. et
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Agreed to by: Date:
MONROE COUNTY
("Client") CL
ATTORNEYS
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Scott Summy, Baron& Budd, P.C.
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0.
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Philip F. Cossich, Jr., Cossich, Sumich, Parsiola& Taylor, LLC
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Tom Young, Young& Partners, LLP
James Cusack, Law Office of James W. Cusack, P.A.
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2
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ADDENDUM TO LEGAL SERVICES AGREEMENT
This Addendum ("Addendum") is entered into and made a part of the Legal Services Agreement by
and between the Parties.
1. Scrutinized Businesses (applies to contracts > $1million) (F.S. 287.135). The County
may terminate the contract at the option of the awarding body if Attorneys are found to have ,�-
submitted a false certification as provided under F.S. 287.135, subsection (5); has been C.
placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector Lit, or been engaged in 0
business operations in Cuba or Syria. The County may also terminate the contract at the
option of the awarding body if Attorneys are found to have been placed on the Scrutinized
Companies that boycott Israel List or is engaged in a boycott of Israel. Notwithstanding the
above language, the County on a case-by-case basis may permit a company on the -
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or a company engaged in business 0
operations in Cuba or Syria, to be eligible for, bid on, submit a proposal for, or enter into or
renew a contract for goods or services of $1 million or more, or may permit a company on
the Scrutinized Companies that Boycott Israel List to be eligible for, bid on, submit a
proposal for, or enter into or renew a contract for goods or services of any amount, under the 0
conditions set forth in Section 287.135(4)(a) or the conditions set forth in paragraph Section
287.135(4)(b). 2
2. The County's performance and obligation to pay under this contract is contingent upon .-
annual appropriation by the Monroe County Board of County Commissioners.
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3. 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, proposal, or reply on a contract to provide any
goods or services to a public entity, may not submit a bid, proposal, or reply 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 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. (F.S. 283.133)
4. Florida Public Records Requirements: Pursuant to F.S. 119.0701 and the terms and
conditions of this contract, Attorneys are required to:
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a. Keep and maintain public records that would be required by the County to perform
the service.
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b. Upon receipt from the County's custodian of records, provide the County with 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 this chapter or as
otherwise provided by law.
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c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if Workday _
does not transfer the records to the County.
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d. Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of Workday or keep and maintain public records that would be required 0
by the County to perform the service. If Workday transfers all public records to the
County upon completion of the contract, Workday shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure �
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requirements. If Workday keeps and maintains public records upon completion of the
contract, Workday shall meet all applicable requirements for retaining public records. 0
All records stored electronically must be provided to the County, upon request from
the County's custodian of records, in a format that is compatible with the information
technology systems of the County.
0
2
e. A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify Workday of the request, and Workday must
provide the records to the County or allow the records to be inspected or copied
within a reasonable time.
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If Attorneys do not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision
by Attorneys. Any contracting party who fails to provide the public records to the County or
pursuant to a valid public records request within a reasonable time may be subject to 0
penalties under section 119.10, Florida Statutes. 0
Attorneys shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
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IF ATTORNEYS HAVE ANY QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
ATTORNEYS' DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY
Page 11 of 12
Packet Pg. 3302
R.4.a
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL
33040.
5. Ethics in Procurement. (required by Section 2-152, Monroe County Code): Attorney
warrant that they have not employed, retained or otherwise had act on their behalf any CL
former County officer or employee subject to the prohibition of Section 2 of Monroe County 6
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Monroe County Ordinance No. 020-1990. For breach or violation of this provision the
County 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 current or former officer 0
or employee. y
0
6. Audit: Attorneys shall maintain all books, documents, and records pertinent to performance 0
of work under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to the records for public records or auditing purposes
during the term of this Agreement and for a period of five (5) years thereafter. If an auditor
employed by the County or County determines that monies paid to Attorneys were not >
authorized pursuant to the Agreement, Attorneys shall repay the monies together with 2
interest calculated pursuant to F.S. 55.03, running from the dates on which the monies were
paid to Attorneys.
7. Insurance. Attorneys agree to collectively maintain Professional Liability coverage with the
limits of liability provided by such policy no less than One Million Dollars ($1 million)per
N
claim and $2 Million Dollars ($2 million)per occurrence in the aggregate, unless otherwise IR
approved in advance by the BOCC. The provision of a certificate of insurance from any one
of the firms representing the County in this matter shall be sufficient.
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R.4.b
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Also appearing, members of the public:
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Luana Smith o
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MONROE COUNTY
REQUEST FOR PROPOSALS
(QUALIFICATIONS AND PRICING)
FOR
OUTSIDE LEGAL COUNSEL FOR PFAS LITIGATION y
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BOARD OF COUNTY COMMISSIONERS
Mayor, Michelle Coldiron, District 2
Mayor Pro Tem, David Rice, District 4
Craig Cates, District 1
Eddie Martinez, District 3
Mike Forster, District 5
COUNTY ADMINISTRATOR
Roman Gastesi, Jr.
0
0.
CLERK OF THE CIRCUIT COURT CL
Kevin Madok
Proposals Will Be Received Until: 3:00 p.m., March 11, 2021
Packet Pg. 3308
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATION
NOTICE IS HEREBY GIVEN that on Thursday, March 11, 2021, 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
OUTSIDE COUNSEL FOR PFAS LITIGATION
MONROE COUNTY,FLORIDA
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: CL
www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements —6
Ch
for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com
OR www.monroecountybids.com. The Public Record is available upon request. 0
In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic
process for reviewing and opening sealed bids. Monroe County is committed to continuing to receive and
process competitive solicitations while maintaining the health and safety of our employees and those who e
attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically
delivered bids/proposal/responses WILL NOT be accepted. 0
0.
0
The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-
BIDS
La monroecounty-fl.gov, no later than 3:00 P.M. on March 11, 2021. Please submit your confidential
financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line
on both emails must read as follows:
0
Outside Counsel for PFAS Litigation 03/11/2021 >
2
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum
file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is �--
not rejected due to the file size. Should your bid documents exceed 25MB or otherwise be N
rejected or undeliverable to OMB-BIDS(cx�,monroecounty-fl.ggv, in advance of the bid opening, ry
please email: omb-purchasing(c,monroecounty-fl.g2v so accommodations for delivery of your bid
can be made prior to the bid opening. Please be advised that it is the bidder's sole responsibility
to ensure delivery of their bid and waiting until the bid opening to address or confirm your bid o
submission delivery will result in your bid being rejected.
The bid opening for this solicitation will be held virtually,via the internet, at 3:00 P.M., on March
11,2021. You may call in by phone or internet using the following: U-
0.
Join Zoom Meeting
https:// cbocc.zoo .us/L4509326156
Meeting ID: 4509326156 0.
One tap mobile: 0.
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location: E
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates:
Key West Citizen:Sat.,01/23/2021
Keys Weekly: Thur.,01/28/2021
News Barometer: Fri.,01/29/2021
2
Packet Pg. 3309
TABLE OF CONTENTS
Page
SECTION ONE
Background and Instructions 4
SECTION TWO
County Forms and Insurance Forms 16
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SECTION ONE
BACKGROUND AND INSTRUCTIONS
The Board of County Commissioners, Monroe County, Florida, invites qualified legal
counsel to submit a sealed proposal on the item(s) as listed in this solicitation request.
All terms and conditions below are a part of this request, and no offer will be accepted
unless all these conditions have been complied with. The County reserves the right to
waive informalities or technicalities in any offer; to reject any or all offers, in whole or in
part; to re-advertise for bids; and to accept separately or reject any item or items of bid
and to award and/or negotiate a contract in the best interest of the County.
1.0 PURPOSE OF REQUEST FOR PROPOSALS (RFP)
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A. PURPOSE
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0.
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The Board of County Commissioners of Monroe County is seeking proposals from
qualified law firms who will represent the County in potential litigation against
manufacturers and distributors to recover damages incurred by the County from
environmental claims arising out of the presence of per- and polyfluoralkyl substances
(PFAS), and in particular, from aqueous film-forming foam (AFFF) containing PFAS.
2
B. REQUIREMENTS
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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.
2.0 GENERAL INFORMATION REGARDING MONROE COUNTY
Monroe County is a non-charter county and a political subdivision of the State of Florida.
The County population is approximately 77,000. 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
4
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about the demographics of the County can be found here: http://www.monroecounty-
.gov/index.asl2x?NID=27 .
Monroe County has one fire training facility, located on Grassy Key. Monroe County has
two airports: the Key West International Airport, and the Florida Keys/Marathon
International Airport. Both airports are located within their respective municipalities, but
are owned by Monroe County. KWIA is operated by Monroe County airport personnel
and fire rescue services are provided by Monroe County Fire Rescue. The Florida
Keys/Marathon Airport is operated by Monroe County airport personnel but fire rescue
services are provided by Marathon Fire Rescue.
Based on testing that has already been done, Monroe County believes that PFAS is
present at the Monroe County Fire Rescue Training Academy located on Grassy
Key. (A copy of the letter from Florida Department of Environmental Protection to Monroe
County Fire Chief James Callahan dated 11/8/2019 is attached.) In addition, the County
believes (based on the knowledge that aqueous film-forming foam ("AFFF") is stored
there and deployed there, either for live incidents or for testing, or both), that PFAS will be
found at the Key West International Airport and the Florida Keys/Marathon International 0.
Airport, but no testing has been done to date. PFAS may also be found in other locations.
The litigation described herein is intended to seek to recover expenses that the County
has incurred, or that it believes it will need to incur in the future, for expenses associated
with PFAS, including but not limited to testing, remediation, and monitoring. At present,
this RFP is limited to litigation involving PFAS-containing AFFF (as compared to, other
products containing AFFF).
The RFP is intended to cover only physical locations under the control of the
unincorporated Monroe 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 municipalities within the County
(Key West, Marathon, Key Colony Beach, Layton, and Village of Islamorada) and/or the
Key Largo Fire and EMS District. Alternatively, any of these entities may attempt to
piggyback on the County's selection process.
3.0 HOW TO SUBMIT PROPOSALS
All Proposals to be considered shall be in the possession of the Office of Purchasing prior
to the time of the solicitation closing as shown in the Notice of Request for Competitive
Solicitations (Notice).
Please note:
In response to Covid-19, the Monroe County Purchasing Department has implemented a
new electronic process for reviewing and opening sealed bids. Monroe County is
committed to continuing to receive and process competitive solicitations while maintaining
the health and safety of our employees and those who attend bid openings. Please do not
mail or attempt to deliver in person any sealed bids. Mailed/physically delivered
bids/proposal/responses WILL NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via email
to: O - I SP_monroecounty-fl.gov, no later than 3:00 P.M. on March 11, 2021. Please
submit your confidential financial information in a SEPARATE EMAIL from your bid and
5
Packet Pg. 3312
required documents. Your subject line on both emails must read as follows:
Outside Counsel for PFAS Litigation 03/11/2021
Files that do not contain this subject line WILL BE REJECTED. Please note that the
maximum file size that will be accepted by email is 25MB. Please plan accordingly to
ensure that your bid is not rejected due to the file size. Should your bid documents exceed
25MB or otherwise be rejected or undeliverable to O I S(a)monroecounty®fl.gov, in
advance of the bid opening, please email: omb®purchasingpmonroecounty®fl.gov, so y
accommodations for delivery of your bid can be made prior to the bid opening. Please be
advised that it is the bidder's sole responsibility to ensure delivery of their bid and waiting
until the bid opening to address or confirm your bid submission delivery may result in your
bid being rejected.
0
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
March 11, 2021. Any member of the public, including vendors, may call in using the 0.
directions given in the Notice.
4.0 CALENDAR
0
The County intends to follow the following dates. Any changes in dates will be announced
via DemandStar.
Date Activity
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January 25, 2021 RFP Release Date
February 22, 2021 Deadline for vendor questions and requests for
clarification, if an
February 26, 2021 Addendum release date (any addenda will be
published in DemandStar
March 11, 2021 Bid opening — 3:00 p.m. No late bids will be accepted.
April 21, 2021 Monroe County BOCC meeting — selection of proposer, 0.
subject to negotiation of contract.
0
A County selection committee may wish to interview finalists in Key West during the week
of March 22, 2021. Proposers who are to be invited for finalist interviews will be notified
no later than March 17, 2021. Any vendor interviews will be conducted by Zoom.
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:
Cynthia Hall, Assistant County Attorney
Monroe County Attorney's Office
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Email: hall-cynthia(a}monroecounty®fl.gov
Facsimile (305) 292-3516
All requests for additional information or clarification must be received no later than 3:00
p.m. on February 22, 2021.
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.
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0.
6.0 CONTENTS OF THE PROPOSAL
The proposal submitted in response to this RFP shall be in digital PDF format and submitted
via email. It shall be clear and concise and provide the information requested herein.
Statements submitted without the required information will not be considered. Responses
shall be organized as indicated below. The Respondent should not withhold any
information from the written response in anticipation of presenting the information orally or in
a demonstration, since oral presentations or demonstrations may not be solicited. Each
Respondent must submit adequate documentation to certify the Respondent's compliance
with the COUNTY's requirements. Respondents should focus specifically on the information
requested. Additional information, unless specifically relevant, may distract rather than add
to the Respondent's overall evaluation. Any financial information that the vendor
submits, which the vendor believes to be a trade secret or confidential, may be
submitted in a separate email marked "Confidential".
The following information, at a minimum, shall be included in the Submittal:
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A. Cover page: stating Request for Proposal for OUTSIDE LEGAL COUNSEL FOR
PFAS 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.
Packet Pg. 3314
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 0.
each component and deliverable of the RFP. Include a description of the non-attorney y
personnel (including scientists, etc.) who would work on this matter, if applicable,
including their qualifications and other similar matters on which they have worked.
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
0.
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 matters your firm has handled.
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:
o Name and full address of the client;
o Name, address, title, and telephone number of the client contact;
o Identification of services provided, including years for which the
services were offered
T_
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 geographic location and degree of
accessibility. 0.
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 0.
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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.
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Monroe County is anticipating a contingency fee proposal. Provide the contingency
as a percentage of recovery. Costs should be included within the contingency fee.
The County desires that the firm selected will advance all costs of litigation; that costs
and expenses shall be paid by the County only out of a monetary recovery; and that if
there is no recovery, then the County will not need to reimburse the law firm for costs.
Tab 14 Litigation. In accordance with Section 2-347(h) of the
Monroe County Code, the Proposer must provide the following information: 0
(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;
N
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 0.
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
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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 15:
Forms:
• Lobbying and Conflict of Interest Ethics Clause
• Non-Collusion Affidavit
• Drug Free Workplace Form
• Insurance Agent's Statement
• Indemnification Statement
• Public Entity Crime Statement N
• Vendor Certification Regarding Scrutinized Companies List
• Minority Business Entity Form (if applicable)
7.0 MODIFICATIONS 0.
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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 PFAS 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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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.
Zo
Packet Pg. 3317
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 15 points
relates to Monroe Count N
Technical ability of the firm to perform the proposed 15 points
legal services
Availability/accessibility for consultation and advice 15 points
Experience representing local governments 10 points
Veteran-owned, Woman-owned, Minority-Owned, Small 5 points
Business or Labor Surplus Firm status (note: if the
proposer is claiming this status, either the Minority
Business Certification form or other documentation must
0
be attached — see Tab 15 and paragraph 15.0 below for
additional information)
N
Total points earned are on a scale of 1 — 100 points
1 = lowest 100 = 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.
0
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Packet Pg. 3318
10.0 COUNTY INSURANCE REQUIRED
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. 0.
0
Worker's Compensation
Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $100,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $100,000
N
N
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
0
12
Packet Pg. 3319
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Professional Liability $1,000,000 per Occurrence
CL
$2,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability 0
policy.
.N
The vendor selected in this RFP will be required to supply applicable certificates of
coverage at the time of execution of the agreement. The vendor will be required to
supply new certificates of coverage whenever the coverage period lapses.
0.
0
Professional liability: if coverage is provided on a claims made basis, an extended claims
reporting period of four (4) years is required.
0
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
T-
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 0.
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 awarded pursuant to this RFP will be subject to immediate termination if the
services do not comply with specifications as stated herein or fails to meet the county's
13
Packet Pg. 3320
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 PUBLIC RECORDS
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,
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.) y
0
0.
0
Any contract awarded pursuant to this RFP will include the following language:
Pursuant to F.S. 119.0701, the firm ("Contractor") shall:
0
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with 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 this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if
the contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all 0.
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 contractor keeps and
maintains public records upon completion of the contract, the contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT
14
Packet Pg. 3321
telephone (305) 292-3470, c/o Monroe County Attorney's
Office, 1111 12t" St., Suite 408, Key West FL 33040.
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.
15.0 MINORITY-OWNED, VETERAN-OWNED BUSINESSES, WOMEN 0.
OWNED BUSINESSES, SMALL BUSINESSES, AND LABOR SURPLUS FIRMS 6
It is the policy of Monroe County that the following groups shall have the opportunity to 0
participate in the award of contracts under this solicitation:
.N
• minority business enterprises and small businesses, as those terms are defined in
F.S. 288.703;
• veteran business enterprises, as that term is defined in F.S. 295.187;
0.
• women-owned businesses, as that term is defined in 15 U.S.C. § 7108; and
• small businesses and labor surplus firms, as those terms are used in 2 C.F.R.
§ 200.321.
An additional number of points will be awarded in this RFP to businesses meeting any of
those definitions.
2
To be eligible for the additional points, behind Tab 15, the vendor must either (a)
attach the Minority Business Declaration (included in County Forms), (b) attach a
copy of a certification or registration from the State of Florida or another state or
federal government showing that the vendor is certified as a minority business
enterprise, small business, or veteran business enterprise, or (c) attach a letter
certifying under penalty of perjury that the vendor is a small business or labor
surplus firm as those terms are used in 2 C.F.R. § 321.
16.0 E-VERIFY
The respondent awarded the contract shall utilize the U.S. Department of Homeland 0.
Security's E-Verify system to verify the employment eligibility of all new employees hired by
the respondent during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the Contract
term.
15
Packet Pg. 3322
SECTION TWO
COUNTY FORMS AND INSURANCE FORMS
(the balance of this page intentionally left blank, with forms to follow)
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0
0
0.
0
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2
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CL
0
0.
CL
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Packet Pg. 3323
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,
FLORIDA
CL
ETHICS CLAUSE 6
0
(Company)
0
"...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."
N
N
(Signature)
Date: -
STATE OF: _
COUNTY OF: CL
Subscribed and sworn to (or affirmed) before me on
0.
CL
(date) by (name of affiant). He/She is
personally known to me or has produced
(type of identification) as identification
NOTARY PUBLIC
My Commission Expires:
17
Packet Pg. 3324
NON-COLLUSION AFFIDAVIT
I, of the city of according to law
on my oath, and under penalty of perjury, depose and say that
1. 1 am of the firm of
the bidder making
the Proposal for the project described in the Request for Proposals for Outside Legal 0.
Counsel for PFAS Litigation, and that I executed the said proposal with full authority to do y
so;
0
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as N
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 y
bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by 0.
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.
N
N
(Signature)
Date:
STATE OF:
COUNTY OF: CL
Subscribed and sworn to (or affirmed) before me on
0
0.
(date) by (name of affiant). He/She is personally known CL
to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My commission expires:
18
Packet Pg. 3325
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, 0.
distribution, dispensing, possession, or use of a controlled substance is prohibited in the 6
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. y
3. Gives each employee engaged in providing the commodities or contractual services 0.
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 polo 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) 0.
Date: a
STATE OF: 0.
COUNTY OF: CL
Subscribed and sworn to (or affirmed) before me on (date) by
(name of affiant). He/She is personally known to me
or has produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
19
Packet Pg. 3326
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."
.N
1 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.
0.
0
0
(Signature)
0
Date: STATE OF:
cv
COUNTY OF:
cv
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is personally known to
me or has produced (type of
CL
identification) as identification.
c
NOTARY PUBLIC
My Commission Expires:
21
Packet Pg. 3327
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 N
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
0.
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.
2
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
N
N
c
22
Packet Pg. 3328
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. y
0
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
N
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee 0.
0
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.
2
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.
0.
23
Packet Pg. 3329
RFP, Outside Legal Counsel for PFAS 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:
.N
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
0.
• Personal Injury Liability
• Expanded Definition of Property
Damage The minimum limits acceptable shall be:
0
$300,000 Combined Single Limit (CSL)
2
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
N
$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.
24
Packet Pg. 3330
RFP, Outside Legal Counsel for PFAS 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 y
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.
0
The minimum limits of liability shall be:
0.
$1,000,000 per occurrence/$2,000,000 aggregate
0
76
N
N
25
Packet Pg. 3331
RFP, Outside Legal Counsel for PFAS 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.
0
Specifically excluded from this authorization is the right to waive:
.N
• 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
0.
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.
N
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. 0.
0
26
Packet Pg. 3332
RFP, Outside Legal Counsel for PFAS 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: y
Name and address of
primary contact:
N
0
0
0.
Phone:
Name of Contract or
RFP:
Scope of Work:
0
Request for Waiver:
Policies to which
Waiver will apply:
N
Signature of Contractor:
Date Submitted:
Risk Management Approved Not approved
decision:
Risk Mgmt signature:
Date: 0.
County Administrator Approved Not approved
appeal:
0
Date:
Board of County Approved Not approved
Commissioners appeal
Meeting date:
27
Packet Pg. 3333
RFP, Outside Legal Counsel for PFAS Litigation
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Sec. 2-349, Monroe County Code must complete this
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.)
CL
2. 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 N
State Detail by Entity Name sheet showing Principal Address)
List Address: �+
0
Telephone Number: 0.
0
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 o
76
dated at least one year prior to the notice or request for bid or proposal. >
2
2. Subcontractor address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name: "!
Signature and Title of Authorized Signatory for Bidder/Responder:
STATE OF
COUNTY OF
On this day of 120 before me, the undersigned notary public, personally appeared
known to me to be the person whose name is subscribed above or who CL
produced as identification, and acknowledged that he/she is the person who
executed the above Local Preference Form for the purposes therein contained.
0
0.
CL
Notary Public
Print Name
My commission expires: Seal
28
Packet Pg. 3334
RFP, Outside Legal Counsel for PFAS Litigation
Minority Owned Business Declaration
, a contractor or sub-contractor engaged by Monroe County
during the completion of work associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
is not a minority business enterprise, as defined in Section 288.703, FloridaCL
Statutes.
F.S. 288.703(3) "Minority business enterprise" means any small business concern as defined in
0
subsection (6)(see below)which is organized to engage in commercial transactions, which is domiciled
in Florida, and which is at least 51-percent-owned by minority persons who are members of an insular
group that is of a particular racial, ethnic, or gender makeup or national origin, which has been
subjected historically to disparate treatment due to identification in and with that group resulting in an
underrepresentation of commercial enterprises under the group's control, and whose management and
daily operations are controlled by such persons. A minority business enterprise may primarily involve �+
the practice of a profession. Ownership by a minority person does not include ownership which is the 0.
result of a transfer from a nonminority person to a minority person within a related immediate family
group if the combined total net asset value of all members of such family group exceeds $1 million. For
purposes of this subsection, the term "related immediate family group" means one or more children
under 16 years of age and a parent of such children or the spouse of such parent residing in the same
house or living unit. 0
F.S 288.703(6) "Small business" means an independently owned and operated business concern that >
2
employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net
worth of not more than $5 million or any firm based in this state which has a Small Business
Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth
requirement shall include both personal and business investments.
Contractor may refer to F.S. 288.703 for more information. cv
Contractor Sub-Recipient: Monroe County
0
Signature Signature
Print Name: Printed Name:
Title: Title/OMB Department:
Verified via: https://osd.dms.myflorida.com/directories
CL
Address: DEM Contract:
City/State/Zip
Date: FEMA Project Number: 0
0.
CL
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R.4.e.
`-1
BOARD OF COUNTY COMMISSIONERS
IL'ounty of Monroe �€ �`°�� '� s Mayor Michelle Coldiron,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
Craig Cates,District I
i49
�J
r Eddie Martinez,District 3
, Mike Forster,District 5
March 30, 2021 CL
6
To Whom It May Concern,
0
Notice is hereby given of Monroe County's intent to award a contract for
.N
OUTSIDE LEGAL COUNSEL FOR PFAS LITIGATION 0
A Selection Committee was convened on March 30, 2021, beginning at 9 am. After deliberation, 0.
the proposal selected for recommendation by the Selection Committee is the proposal submitted by
the following four firms collectively: Baron & Budd, P.C., Cossich, Sumich, Parsiola& Taylor,
LLC, Young & Partners, LLP and the Law Offices of James W. Cusack,P.A. The Selection
Committee is recommending that the County award a contract to this group, to serve as outside
0
legal counsel for potential PFAS litigation. �-
76
2
The Monroe County Board of County Commissioners will consider this recommendation to award
at its regular meeting, scheduled for April 21, 2021 at 9:00 am. The BOCC meeting will be held as
a"hybrid" meeting, with limited in-person attendance at the BOCC Meeting Room, 2798 Overseas
Highway, Marathon, FL 33050. In addition, staff and members of the public may attend via Zoom.
Details on how to participate by Zoom are available at the Monroe County Florida website: 0
http://monroecountyfl.igm2.com/citizens/default.aspx v)
Cynthia L. Hall
Assistant County Attorney
(305) 292-3470
0
0
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