Item P4 } P.4
`,
County of Monroe
�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
June 16, 2021
Agenda Item Number: P.4
Agenda Item Summary #8265
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
No
AGENDA ITEM WORDING: Approval of Second Amendment to Agreement for Provision of
Legal Services with Rissman, Barrett, Hurt, Donahue & McLain, P.A. (outside counsel for workers'
compensation cases), to add attorney Andrew T. McGarrell, Esq. as an approved timekeeper.
ITEM BACKGROUND: On February 20, 2013, the County entered into an agreement for legal
services with Rissman, Barrett, Hurt, Donahue & McLain, P.A. to serve as outside counsel for
workers' compensation cases. Paragraph 5 of the agreement lists approved timekeepers. Therefore,
from time to time, it is necessary to revise the list of timekeepers. Through this amendment, the
parties add the name of Andrew T. McGarrell, an associate with the firm, as an approved
timekeeper. The agreement also adds language stating that timekeepers may be added or deleted
without the need for BOCC approval, with prior written approval from the County Attorney's
Office,provided they are billing at the rates shown in the agreement. The changes are made
retroactive to February 1, 2 02 1.
PREVIOUS RELEVANT BOCC ACTION: Approval of 2013 agreement and 2018 First
Amendment(adding the name of a different timekeeper).
CONTRACT/AGREEMENT CHANGES:
Addition of timekeeper Andrew McGarrell, addition of language saying that CAY can approve
future timekeeper changes
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
MONROE 2ND Amendment Rissman
1 st Amendment 08/15/2018
Rissman, Barrett, Hurt, Donahue & McLain 022013
FINANCIAL IMPACT:
Packet Pg. 1943
P.4
Effective Date of amendment: February 1, 2021
Expiration Date: None
Total Dollar Value of Contract: As needed.
Total Cost to County:
Current Year Portion:
Budgeted: Yes
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, as specified in the Agreement.
Additional Details:
No fiscal impact for the amendment
REVIEWED BY:
Cynthia Hall Completed 05/11/2021 12:04 PM
Bob Shillinger Completed 05/27/2021 2:46 PM
Purchasing Completed 05/27/2021 2:56 PM
Budget and Finance Completed 05/28/2021 3:17 PM
Maria Slavik Completed 05/28/2021 3:20 PM
Liz Yongue Completed 06/01/2021 10:43 AM
Board of County Commissioners Pending 06/16/2021 9:00 AM
Packet Pg. 1944
P.4.a
SECOND AMENDMENT To AGREEMENT DATED FEBRUARY 20,2013
Y AND BETWEEN MONROE COUNTY AND
SSMAN,BA TT, HURT9 DONAHUE, McLAIN & MANGAN, P.A.
This Second Amendment to Agreement ("Amendment") is made and
entered into as of May , 2021, by and between the Board of County
Commissioners of Monroe County, Florida (hereinafter called the "County"), and
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. ("Attorney")
(hereinafter collectively, "the Parties"). Q
2
WITNESSETH
WHEREAS, on February 20, 2013, the County and Attorney first entered into an y
agreement whereby the Attorney was retained to represent the County in certain matters
("Agreement"); and
WHEREAS, paragraph 5 of the Agreement lists the attorneys and other professionals
who are approved to work on County matters; and
WHEREAS, the parties now desire to amend the Agreement in order to add an attorney
time-keeper; and
WHEREAS, the Parties wish to amend the Agreement in order to make it possible to
add/subtract/amend names of time-keepers upon approval of the County Attorney's
Office, without the need for an amendment approved by the Board of County y
Commissioners.
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties amend the Agreement as follows:
1. Paragraph 5 of the Agreement, entitled 1 ourly hates and lin-tekeep rs, is revised
to add the name of Andrew T. McGarrell, Attorney, at the hourly billing rate of$135.00.
2. The following language is added to paragraph 5 (Hourly rates and timekeepers):
Initial time-keepers approved by the County are listed above. This list of
time-keepers may be amended (including for the addition or deletion of W
names, or promotion of a time-keeper from Associate to Partner) upon the
prior written approval of the Monroe County Attorney's Office. In the event
that time-keepers are added, their billing rates shall be as shown in paragraph
5 of this Agreement.
3. Except as noted above, the balance of terms and conditions of the Agreement
remain in full force and effect.
1
Packet Pg. 1945
P.4.a
3. This Amendment is effective retroactive to February 1, 2021.
[The balance of this page is intentionally left blank.]
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates set
forth below.
Board of County Commissioners
Of Monroe County, Florida
Attest: By: _......w Ch
Kevin Madok, Clerk Michelle Coldiron, Mayor
0
By:. .._ Date . _.... _
As Deputy Clerk
Attorney:
Rissman, Barrett, Hurt, Donahue, U
McLain & Mangan, P.A.
By
Print Name & Title
N
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21
Date
Approved as to form and content:
Monroe County Attorney's Office
5-11-2021
2
Packet Pg. 1946
���couerac
° rr Kevin Madok, cPA
0; ....�.�.4F% Clerk of the Circuit Court& Comptroller— Monroe County, Florida
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DATE: August 21, 2018
TO: Kathy Peters, CP
County Attorney's Office
FROM: Sally M. Abrams, D.C.
SUBJECT: g -
Au August 15, 2018, BOCC Meeting Approved Agenda Item
g p p g
Attached is an electronic copy of the executed agenda item listed below for your handling.
Q5 Board granted approval and authorized execution of the First Amendment to
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Agreement for Provision of Legal Services with Rissman, Barrett, Hurt, Donahue&
McLain, P.A. (outside counsel for workers'compensation cases), to add attorney
Matthew R. Bussin, Esq. as an approved timekeeper.
Please contact me at extension 3550 with any questions.
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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 Plan
305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 1947
FIRST AmF.NDMF-NT To A(;RF.F!arllC~NT DAT>a lt) FL BRUARY 20, 0 3
BY AND B1E TWFEN MONR+t F C OUN`rY AND
RISSMAN, BARRFTT, HURT, DONAHU , 14 cLAIN & MANGAN, P.A.
This First Amendm I to Agreement "Amendment") is made and
entered into as of August 2018, lay and between the Board of County
Commissioners of Monroe County.. Vlorida (hereinafter called the: "County"), and
Risstnan, Jarrett, Hurt, Donahue, McLain & Mangan, P.A. ("Attorney")
(hereinafter collectively. "the Parties")
`I l ESSE 1°H
"N1°=.REAS, on February 20. 2013, the: County and Attorney first entered into an
agreement whereby the Attorney was retained to represent the County in certain matters
("Agreernent"); and
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WHEREAS, paragraph 5 of the Agreement lists the attorneys and other professionals
who are approved to work on County matters; and �
y, HE'REAS, the parties now desire to amend the Agreement in order to add an attorney
time-Beeper; and
WHEREAS, effective .January 1, 2016. the Attorney changed the: name of the :Bran in
order to add a named partner, and U)
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WHEREAS, the Parties also desire to amend the Agreement in order to reflect the current
name. of the firtn. T-
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NOW "ITIEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties amcnd the Agreement as follows:
I Paragraph 5 of the Agreement. entitled. l lour v Rates and tnnc.ltic�cpers, is revised.
to add the name of Matt 1?. Plu ssiny Attornc$,' at the hourly biIIing rate o 1..75.00.
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The nata'ac of the firm/con tract iaag party is revised to be Rissman. Barrett, heart, �
Donahue. McLain &. lanfvan, 1 ,A, wherever the name appears in the Agreement as
amended. �
I-'xcept as noted above, the balance of terms and conditions of the A-0reenaent.
remain in fall force: and. effect.
4 This Amendment is effective retroactive; to Jame 1. 2018.
[The balance of this page is intentionally left blank.
1
Packet Pg. 1948
4 P.4.b
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates set
forth below.
Board of County C oninlissioners
Of Monroe County, Florida
4
Attest: B _ _
Kevin Mado Clergy �� David Rice, layor
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Attorney: c
Rissman, Barrett, Hurt, Donahue:
McLain & Mangan, P.A. E
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MONROE
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P.4.b
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REPRESENTATIVE OR PRODUCER,AND THE.CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATLON IS WAIVED, subject to
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certificate holder in lieu of such endorsements, _
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INDICATED NOTWITHSTANDING ANY REQUIREMENT TCRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICIi THIS u7
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEILWE ED IN
Monroe,County Board of AC CON DANCE WITH THE POLICY PROVISIONS
County Commissioners
1111 12th Street,'Suits 408 AUTNORGZrD REPRESENTATIVE __--
Kay IAIe t, FL 33040
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1988-2010 ACORD CORPORATION, All rights reserved.
AOORD 25(2010)05) The ACORD name and logo are registered marks of ACORN
Packet Pg. 1950
AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AND RISSMAN, BARRETT, HURT, DONAHUE & MCLAIN, P.A.,
FOR THE PROVISION OF LEGAL SERVICES
THIS AGREEMENT is entered into this day of � , 2013,by and between
the Monroe County Board of County Commissioners("County'") and ssrnan, Barrett, Hurt, �
Donahue & McLain, P.A. ("Attorney"). �
WHEREAS, the County wishes to enter into this agreement with the Attorney so that the
Attormcy will act as Private legal counsel to the County; v
0
NOW THEREFORE, IN CONSIDERATION TION of the mutual promises contained herein,
the parties agree as follows:
1. C'1 ent: The Client is the County, and to the extent ethically permissible, its elected and �
appointed officers and its en-iployees, unless County advises Attorney otherwise. In
the event that the Attorney cannot ethically represented individuals in addition to
County, Attorney shall so advise the County ofthat fact immediately.
. Attorney: Attorney is the person or firm named above. The Attorney may not delegate
or outsource this work without the prior written consent of the County. MT-
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. Term: This Agreement is effective upon execution by the parties. The representation
W mm shall continue until terminated either by the Attorney or by the County. The County's
performance and obligation to pay under this agreement is contingent upon annual �
appropriations by the Monroe County Board of County Commissioners.
4. Scope of Work: Attorney shall provide legal services and :advice to the County regarding
workers compensation clams, investigation, research and litigation as assigned to the
Attorney by County. Attorney will be assigned new claims by the Sr.. Administrator c
of the Benefits Department of the County from time to time.
a. professional ability to perform work: Attorney warrants that he or she is.
authorized by law to render services for the scope of work set forth in this
paragraph. The Attorney further warrants that all of the approved timekeepers
listed below are authorized by the Mules of the Florida liar to engage in delivery ca
of legal services described herein. If Attorney is a member of a law fartm, a
partner, shareholder, associate or other relationship, Attorney warrants that he or
she is authorized to enter into this agreement by Attorney's firm.. —
b. The Attorney is responsible for managing the smatter cost-effectively and �
competently, e.g., by ensuring that the authorized timekeepers arc competent„
properly supervised, efficient, and in compliance with the terns of this
Agreen7ent as well as ethical obligations.
5. hourly rates and time eepc� s
I ourly rates for attorneys and additional timekeepers will be set as follows:
1
Packet Pg. 1951
Attorneys Billing Rate
Theodore N. Goldstein 135
Richard B. bobbins 135
Robert A. Donahue 135
Paralegals billing Rate
Toni Hill 75
Peggy ;wiebel 75 —
0
Dora Graham 75
6. pecig_Conditions Regardir R p ese atatioti:
0
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a. Attorney has been retained by County to provide the scope of services described W
in Section 4 above. Attorney represents that he or she is competent and available
to handle that matter. In the event that additional matters are assigned by County
to Attorney, this agreement shall apply to thane matters as well, unless a separate
Agreement is required by the County.
b. Review of ethical obligations before initiating representation: Attorney has
06
conducted a thorough investigation and determined that neither Attorney nor his
or her firm has any ethical impedirxaent, real or potential, to representing County.
If any ethical impediment, real or potential, is discovered or even arises,
Attorney shall immediately inform County in writing of the impediment
(regardless of whether Attorney believes be or she has taken all steps necessary
to avoid the impediment and regardless of whether Attorney believes that the
impediment is insubstantial or questionable), make full disclosure ofthe situation
to County, obtain County's express, written consent to continue the
representation of the other client, and take all steps requested by County to avoid CO
or mitigate the impediment. Attorney understands that if a direct or indirect
conflict of interest arises which, in the opinion of the County, cannot be avoided �
or mitigated under the Rules of Professional Conduct of The Florida Bar, County may, in its discretion, (a) obtain reimbursement fron- Attorney for all fees and
expenses paid to Attorney in this natter; (b)obtain cancellation of all amounts E
allegedly owed by County to Attorney; and (c) obtain reimbursement for
consequential expenses incurred by County, including the cost of replacement
Counsel.
2
Packet Pg. 1952
7. Payment:
Payment will be made upon receipt of a proper invoice with documentation of services
rendered, pursuant to the Florida local Government Prompt Payment Act.
a. Fees: Attorney shall provide a general description of the matter, clearly identify
each person performing services, record the time expended by each person W
separately; state the amount of time expended by each person daily(and, within 2
each day, broken dawn by task where more than one project or task was worked
upon within the same day); describe within each itemized daily task entry, in
sufficient detail to readily allow the County to determine the necessity for and y
reasonableness of the time expended, the services performed, the project or task —
each service relates to, the subject and purpose of each service, and the names of e
others who were present or cornMaanicated with in the course of performing the �
service. filling shall occur in increments of 0.1 hours.
b. Travel expenses will be reimbursed in accordance with the applicable provisions
for"approved travelers" of the Monroe County Code, and will be summarized on
the Monroe County Travel Formwith all applicable receipts attached thereto. 0
Travel shall be billed from the firm's office closest to the hearing or deposition, W
c. Reimbursable expenses: Court filing foes and costs,witness fees (including
experts and consultants), and court reporter fees.
d. Non-reimbursable expenses: All other costs will be no -reiaraburseable, including �
but not limited to postage, photocopying, facsimile, telephone charges, courier
charges, computerized research, facsimile charges.
. Terrni ation: The agreement can be terminated by either party with or without cause
with 90 days prior written notice.
Records: Attorney shall maintain all books, records, and documents directly pertinent to
performance under this Agreement, for a period of three ( ) years after termination of
representation. County shall have access to such books, records and documents for the purpose
of inspection or audit during normal business hours, at the County's cost, upon five (5) days'
written notice. Attorney shall be responsible for repayment of any and all audit exceptions
which are identified by the Auditor General for the State of Florida, the Clerk. of Court: for
Monroe County, the County, or their agents and representatives.
10. Modification: Additions to, modifications to or deletions from the provisions set forth in.
this agreement shall be effective only in writing and approved by County.
11. Indemnification and Hold flarinless: The Attorney agrees to indemnify and hold Monroe
County harmless for any used all claims, liability, losses and causes of action which may arise out
of its fulfillment of the Agreement. Attorney agrees to pay all claims and losses, including
Packet Pg. 1953
related court costs and reasonable attorneys' fees, and .shall defend all suits file due to the
negligent acts, errors or omissions of the Attorney employees and/or agents.
12. Insurance. Throughout the terns of this engagement, Attorney shall maintain Professional
Liability Insurance in the minimum amount of$1.0 million per occurrence. prior to the effective
date of this Agreement Attorney shall provide to the County certificates of insurance.
11 Taxes- Monroe County is exempt from federal excise and state sales and use taxes.
14. Independent Contractor: It is the intent of the parties hereto that the Attorney shall be
legally considered as an independent contractor and that neither it nor its employees or agents
shall, .seer any circumstance,be considered sciwants or agents of the County and County shall y
at no time be legally responsible for any negligence on the part of said successful responder, its c
employees or agents, resulting in either bodily or personal injury or property damage to any
individual, firm,or corporation.
15, Disclosure: The Attorney shall be rewired to list any or all potential conflicts of interest,
as defined by Florida Statute 112 and Monroe County Ethics Ordinance. Tile Attorney shall
disclose all actual or proposed conflicts of interest, financial or otherwise, direct or indirect,
involving any client's interest which may conflict with the interests of the County. �
16. AAssiennient: the Attorney shall not assign, transfer, convey, sublet or otherwise dispose T-
of this agreement., or of any or all of its right, title or interest therein, or his or its power to
execute such contract to any person,company or corporation without prior written consent of the
County.
17. Farce Majel mare: The Attorney shall not be liable for delay in performance or failure to 06
perforan, in whole or in part, the services due to the occurrence of any contingency beyond its
control or the control of any of its subcontractors or suppliers., including labor dispute, strike,
labor shortage, war or act of war whether an actual declaration thereof if made or not, c
insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine
restriction, accident, fire, explosion, storm, flood, drought, or other act of trod, act of any
gov°errimental authority,jurisdictional action, or insufficient supply of fuel, electricity, or
materials or supplies, or technical failure where the Attorney has exercised reasonable care in the
prevention thereof, and any such delay or failure shall not constitute a breach of this agreement.
18. Governina, Law/Venue: This agreement shall be governed and construed by and. in
accordance with the laws of the State of Florida and constitutes the entire agreement between the �
County and Attorney, Venue of any court action fled relative to this agreement shall lie in
Monroe County, Florida. �
19, a ntisolicitation: The Attorney warrants that no person has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee and that no member of the Monroe County government or the
County has any interest, financially or otherwise in the Attorney or its subcontractors,
4
Packet Pg. 1954
20, everabil ty,: If any provision of the agreement shall be held by a Court of competent
jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application of
such provision other than those as to which it is invalid or unenforceable, shall not be affected
thereby, and each provision of the agreement shall be valid and enforceable to the fullest extent
permitted by law.
21. Notice: Any notice required or permitted under this agreement shall be in writing and �
hand-delivered or mailed, postage prepaid by certified nail, return receipt requested, to the other �
party as follows.
For Monroe County: For Attorney. Theodore N. Goldstein, Esquire -
Monroe County Attorney's Office Rissman, Barrett, Hart, Donahue & McLain, I .A.
1111 12"' St., Suite 408 Post Office Box 4940
ley ''hest. FL, 33040 Orlando, FL 32802-440
21 Ethics Clause: The Attorney warrants that it has not employed, retained or otherwise had
act on its behalf, any farmer Monroe County officer or employee in violation of Section 2 or
Ordinance No. 10-1 90 or any County officer or employee in violation of Section 3 of Ordinance �
o. 10-190. For breach or violation of the provision, the County may, at its discretion
ten-ninate this agreement without liability and may also, at 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 or present County officer or employee..
23.. 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 response
on a contract to provide any goods or services to a public entity, may not submit a response/bid
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit responses/bids on leases of real property to public entity, may not be c
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may riot transact business with any public entity in excess of the
threshoid arnount provided in section 287.017, Florida Statutes, for CATEGORY"TWO for a
period of 36 months from the date of being placers on the convicted vendor list. 2
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24, General Requirements:
Ch
a Ownership of Attorney files and work product: .Attorney understands that all files and �
work product prepared by Attorney or his or her firm at the expense of County (or for which.
County is otherwise billed) are the property of County.. Without County's prior written approval, �
this work product may not be used by Attorney or his or her firm nor disclosed by Attorney or
his or her fine to others, except in the normal coarse of Attorney's representation of County in
this matter. Attorney agrees that County owns all rights, including copyrights, to materials
prepared by County or by Attorney on behalf of County. Attorney shall notify County in writing;
at least 60 clays in advance of destroying any such records and, in the evert that County requests
that they be preserved, shall preserve them at least one additional year (with County responsible
ti
Packet Pg. 1955
for paying the actual cost of storage). attorney shall provide County with prompt access to
(including the ability to make copies of) all attorney files and work product, regardless of
whether the representation or matter is ongoing and whether attorney fees and expenses have
been paid in full.
b) Dispute resolution. attorney and County agree that all disputes regarding Attorney's
fees or expenses are to be resolved pursuant to the procedures and practices for mediation by the �
Attorney Consumer Assistance Program of the Florida Bar. E
c) Entire Agreement. The entire agreement between the County and attorney with respect
to the subject matter hereof is contained in this Agreement. This Agreement supersedes all prior
oral and written proposals and communications between the County and Attorney related to this
Agreement. No provision of this Agreement shall be deemed waived, amended or modified by N
either party unless such waiver, amendment or modification is in writing and signed by the party e
against whom the waiver, amendment or modification is claimed. This Agreement shall e
binding upon and inure to the benefit of the parties hereto, their permitted successors and 0)
assigns.
d) Captions. The captions set forth herein are for convenience of reference only and shall not
define, modify, or limit any of the terms hereof:
c) Conflicts in interpretation. The County and Attorney agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between there, the final
interpretation by the County shall ;apply.
Adjudication of Disputes and Disagreements. The County and Attorney agree that all
disputes and disagreements between them shall e attempted to be resolved by a meet and confer
session between representatives of the County and Attorney. If the issue or issues are still not
resolved to the satisfaction of both within 30 days after the rneet and confer session, then either
shall have the right to seek such relief as may be provided by this Agreement or by Florida law.
0
) Cooperation. In the event any administrative or legal proceeding is instituted against
either the County or Attorney relating to the formation, execution, performance, or breach of this
Agreement, the County and Attorney each agree to participate, to the extent required by the
other, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement. The County and Attorney each agree that neither shall be required CO
to enter into any arbitration proceedings related to this Agreement or any Attachment or
Addendum to this Agreement..
Ch
h) Legal Obligations and Responsibilities; Mon-delegation of Constitutional or Statutory
Duties. This Agreement is not intended to relieve, nor shall it be construed as relieving, either
the County or Attorney from any obligation or responsibility imposed upon each by law except
to the extent of actual and timely performance thereon' by the ether, in which case the
perfonmance may be offered in satisfaction of the obligation or responsibility. Further this
Agreen-icnt is not intended to authorize, nor shall it be construed as authorizing, the delegation of
the: constitutional or statutory duties of the County, except to the extent permitted by the Florida
Constitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida
Statutes,
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i) Attorney's lees and Costs. In the event any administrative proceeding or cause of action
is initiated or defended by the County or Attorney relative to the enforcement or interpretation of
this Agreement. the prevailing party shall be entitled to an award of reasonable attorney"s fees,
court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing
party, and shall include reasonable attorneys fees, court costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to
this Agreement or as may be rewired by a court of competent jurisdiction shall be conducted in �
accordance with the Florida Mules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
Non-Discrimination. Attorney shall not discriminate, in its employment practices and in
providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, N
ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall abide c
by all federal and state laves regarding non-discrimination. upon a determination by a court of
competent.jurisdiction that such discrimination has occurred, this Agreement automatically
terminates without any further action by the County, effective the date of the court order.
Attorney is aware of the provisions of Section 1 -101 through 1 -1tyb, ]Monroe County Code, E
relating to non-discrimination, and agrees to abide by the Code's nondiscrimination
requirements.
k) Claims for State or Federal Aid. The County and Attorney agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
CD
Agreement, provided that all applications, requests, grant proposals, and funding solicitations by
Attorney shall be approved by the County prior to submission.
1) Mon-reliance by Non-Parties. No person or entity shall be entitled to rely upon the �
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
Attorney agree that neither the County nor Attorney or any officer, agent, or employee of each
shall have the authority to inform, counsel„ or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated under this Agreement.
nr) Execution in Counterparts. This Agreement may be executed in any number of �
counterparts, each of which shall be regarded as an original, all of which taken together shall Ca
constitute one and the same instrument and the County and Attorney may execute this
Agreement by signing any such counterpart*
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IN WITLESS WHEREOF, the parties have executed this agreement the day and year first above
Written.
Atte . . Rissman, B arre t Hart, Donahue swcL ain, P.A.
Sy_
�.� ' inFitness Thco—d—o eN. dst(Print Name:) Annette L. Hill
(SEAL) MONROE COUNTY BOARD
Attest; AMY L. HEAVILaIN, Clerk OF CO TY �O IS NE S c
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By _ u m
E
Deputy Clerk
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N
N
MOB RO COUNTY ATTORNEY
1C7l .. T FORM:
YNTHIA L. HALL m
ASS TANT COUNTY ATTORNEY
Date
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