04/21/2021 Agreement ;aa '. ;� ; Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: May 11, 2021
TO: Abra Campo, Executive Administrator
County Attorney'ssO/Office
FROM: Pamela G. Hanciditit.C.
SUBJECT: April 21s' BOCC Meeting
Attached is an electronic copy of the following item for your handling:
R4 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
die presence of per-and polylluoroalkyl substances (PFAS), and in particular, from aqueous film-
forming foam (AFFF) containing PFAS.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330-
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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,
"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
and will not necessarily be performed by any particular attorney.
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
primary individual to communicate with Attorneys regarding the subject matter of Attorneys'
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.
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.
5. LEGAL SERVICES SPECIFICALLY EXCLUDED. Unless otherwise agreed in writing
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
between Attorneys and Client. Attorneys and Client agree that the contingent fee will be
calculated as described below.
A. Calculation of Contingent Fee
Attorneys will receive a contingency fee of 20% of any gross recovery (as defined
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.
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
"Costs" and "Expenses" include, but are not limited to, the following: process
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.
(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
the court in the Action and agree not to seek reimbursement from any
recovery for any travel expenses.
"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
property or services as described above, Attorneys and Client agree that a binding
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
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
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
the initial lump sum payment plus the present value (as of the time of the settlement) of
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
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.
C. Reasonable Fee if Contingent Fee is Unenforceable or if Attorney is Discharged
Before Any Recovery.
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
20% of the gross recovery as defined in this agreement. If there is no recovery by Client,
no fee will be due to Attorneys.
D. Order or Agreement for Payment of Attorneys' Fees or Costs by Another Party.
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
settlement or (ii) the percentage or other formula applied to the recovery amount not
including such attorney's fees.
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
reimburse Attorneys for costs and fees. In the event a recovery is less than incurred costs
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
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,
and related resources necessary to collect, copy, store, organize, and
produce documents and data. This option obviates the need to outsource
this work to an outside vendor.
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:
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
representation of clients, and especially where conflicts of interest may arise from representation
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
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
result of Attorneys' current and continuing representation of other entities in similar litigation. By
signing this agreement, Client states that (1) it has been advised of the potential conflicts of
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.
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
Client promptly of the terms of any settlement offer received by Attorneys.
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 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
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settlement values 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.
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.
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
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 address provided by Client to Attorneys. After filing suit, Attorneys may
withdraw with Client's 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 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
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give reasonable 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 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.
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,
exhibits, experts' reports, legal documents, physical evidence, and other items reasonably
necessary to Client's representation, whether Client has paid for them or not.
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
Dallas, Texas 75219
Cossich, Sumich, Parsiola& Taylor LLC
8397 Highway 23, Suite 100
Belle Chasse, Louisiana 70037
Young& Partners, LLP
320 West Kennedy Boulevard, Ste. 650
Tampa, Florida 33606
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
or before the effective date of this Agreement will be binding on the parties.
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
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.
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
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
accordance with paragraph 7.C.
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.
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.
28. MULTIPLE COUNTERPARTS. This Agreement will be effective whether or not
executed in multiple counterparts.
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.
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Agreed to by: j i 4
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MONROE COUNTY BOARD ", TEST: KEVIN MADOK, CLERK
OF COU
110-
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("Client") Mayor Michelle Coldiron As eputy Clerk
ATTORNEYS
/too' ur>
Scott //mmy, Baron • BudoryC.
Philip F. Cossich,Jr.,Cossich, Sumich, Parsiola&Taylor, LLC
Tom Yoon_ Youn Parts s, LLP
APP
Ja tcs Cusacr Law Office of James W.Cusack,P.A.
Approved as to form and content:
Monroe County Attorney's Office
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Page 9 of 12
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
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
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
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
conditions set forth in Section 287.135(4)(a) or the conditions set forth in paragraph Section
287.135(4)(b).
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.
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:
a. Keep and maintain public records that would be required by the County to perform
the service.
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.
Page 10 of 12
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 Attorneys do
not transfer the records to the County.
d. Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of Attorneys or keep and maintain public records that would be required
by the County to perform the service. If Attorneys transfers all public records to the
County upon completion of the contract, Attorneys shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If Attorneys keeps and maintains public records upon completion of the
contract, Attorneys shall meet all applicable requirements for retaining public records.
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.
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 Attorneys of the request, and Attorneys must
provide the records to the County or allow the records to be inspected or copied
within a reasonable time.
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
penalties under section 119.10, Florida Statutes.
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.
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
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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
former County officer or employee subject to the prohibition of Section 2 of Monroe County
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
or employee.
6. Audit: Attorneys shall maintain all books, documents, and records pertinent to performance
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
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
claim and $2 Million Dollars ($2 million)per occurrence in the aggregate, unless otherwise
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.
Page 12 of 12
DATE(MM/DD/YYYY)
A4C"IRL)� CERTIFICATE OF LIABILITY INSURANCE
.�...-' 3/2/2022 5/7/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER LOCKTON COMPANIES CONTACT
NAME:
2100 ROSS AVENUE,SUITE 1400 PHONE FAX
DALLAS TX 75201 E-MA Lo Ext: A/C No
214-969-6700 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Nautilus Insurance Company 17370
INSURED Baron&Budd,P.C. INSURER B:
1464938 3102 Oak Lawn Ave,Ste I I00 INSURER C:
Dallas TX 75219 INSURER D:
INSURER E:
INSURER F:
COVERAGES BARBU02 CERTIFICATE NUMBER: 17557377 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX
DAMAGE_7CLAIMS-MADE OCCUR PREM SESOEa occur RENTEence $ XXXXXXX
MED EXP(Any one person) $ XXXXXXX
PERSONAL&ADV INJURY $ XXXXXXX
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX
POLICY PRO JECT F7 LOC PRODUCTS-COMP/OP AGG $ XXXXXXX
OTHER: $
AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $
Ea accident XXXXXXX
ANY AUTO BODILY INJURY(Per person) $ XXXXXXX
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS XXXXXXX
HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX
AUTOS ONLY AUTOS ONLY Per accident
$ XXXXXXX
UMBRELLA LAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX
EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX
DED RETENTION$ $ XXXXXXX
WORKERS COMPENSATION NOT APPLICABLE PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
Y ANY PROPRIETOR/PARTNER/EXECU I IVE ❑ E.L.EACH ACCIDENT $ XXXXXXX
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX
A Professional Liability N N PLP 1000537 P-6 3/2/2021 3/2/2022 Limits exceed S 1,000,000 per claim
$2,000,000 aggregate
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) 1
I
g , ,I
Y
CERTIFICATE HOLDER CANCELLATION
17557377
Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Suite 4O8 S,rSteet 1111 12t11 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Key West St eet ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRIES ENTATNf..
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