Item P6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012 (KW)
Bulk Item: Yes x No
Division: County Attorney's Office
Department:
Staff Contact Person/Phone #: Cynthia Hall, x 3174
AGENDA ITEM WORDING:
Approval to advertise Request for Proposals for Outside Legal Counsel for Workers' Compensation
Cases.
ITEM BACKGROUND: The County's self -insured workers' compensation program covers claims
for employees of the County and constitutional officers plus volunteers up to $500,000 per claim, with
amounts above that deductible covered by excess insurance. The County currently uses two
(2) outside law firms to represent the County in its capacity as the employer/carrier in litigated
workers' compensation cases. The County spends approximately $60K-80K annually on outside
counsel fees. Outside attorneys work directly with Maria Fernandez -Gonzalez, Sr. Benefits
Administrator (Employee Services Division) with oversight from the County Attorneys' Office. It has
been more than three years since the County issued an RFP for outside counsel. Staff desires to issue
this RFP in order to form an updated panel of attorneys to handle the County's cases. Staff will bring
recommendations for contracts back to the BOCC for approval at the January or February 2013
meeting.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATIONS: Approval to advertise RFP.
TOTAL COST: 200 INDIRECT COST: N/A BUDGETED: Yes
[cost of advertising]
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
Csk
APPROVED BY: County Atty X ' OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY, FLORIDA
REQUEST FOR PROPOSALS
OUTSIDE LEGAL COUNSEL FOR WORKERS' COMPENSATION CASES
BOARD OF COUNTY COMMISSIONERS
Mayor, David Rice, District 2
Mayor Pro Tem, Kim Wigington, District 1
George Neugent, District 2
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT COUNTY ATTORNEY'S OFFICE
Danny L. Kolhage Suzanne A. Hutton, County Attorney
October 2012
[Response deadline: December 20, 2012, 3:00 p.m.]
RFP Outside Counsel Workers' Compensation Cases October 2012
NOTICE
This page reserved-----
RFP Outside Counsel Workers' Compensation Cases October 2012
TABLE OF CONTENTS
SECTION ONE
Introduction
SECTION TWO
Instructions to Respondents
SECTION THREE
Proposal Contents
SECTION FOUR
Draft Legal Services Contract
SECTION FIVE
Response/Bid Forms
Pricing Information
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SECTION ONE
INTRODUCTION
1.01 SCOPE OF WORK
The Respondent awarded a contract shall provide outside counsel services for Monroe County Board of
County Commissioners (`BOCC") and all other constitutional officers that participate in the County's
self -insured workers' compensation program in the area of workers' compensation (collectively, the
"County").
Representation by the law firm shall include: general advice to the County on workers' compensation
matters; preparation and filing of pleadings directed to all claims asserted; handling of discovery
propounded by claimants and generation of all discovery necessary to defend the employer/carrier's
position; preparation of appropriate motions and responses to motions; preparation of and consultation
with expert witnesses and treating physicians, including IMEs; marshalling of evidence; attendance at
all hearings and mediations; attendance at periodic meetings with County staff; attendance at and
handling trials; prosecution or defense of appeals as directed by the County, and any legal research
necessary for the above matters.
In addition, the firm will be required to identify opportunities for subrogation and to pursue those
subrogation claims when directed by the County.
The law firm will be required to submit periodic written status reports as requested from time to time by
the County and/or the County Attorney's Office.
The method of fee compensation shall be an hourly rate expressed in tenths (0.10) of an hour. The
hourly rate for each attorney or paralegal who would work on the matters shall be identified. The
County will reimburse separately for mileage and other travel charges, which shall be capped at the
maximum allowable under Florida Statute and/or the Monroe County Code. Travel must be charged
from the firm's local office closest to the location of the hearing or deposition. The County will not
reimburse for postage, photocopying, facsimile, telephone charges, courier charges, computerized
research, facsimile charges. The County will reimburse for court filing fees and costs, witness fees
(including experts and consultants), and court reporter fees.
The contract awarded by the Monroe County Board of County Commissioners shall continue until
termination by either party as set forth in the agreement. One or more law firms shall be chosen to
represent the County on a non-exclusive basis.
1.02 DESCRIPTION OF PROGRAM
The program currently covers current employees of Monroe County BOCC and constitutional officers,
plus volunteers. A total of 1,818 employees and volunteers are currently covered, broken down as
follows: 1,260 full time employees; 35 part time employees; 523 volunteers (fire fighters, library, poll
workers).
Monroe County is self -insured up to a level of $500,000 per claim. Monroe County contracts with an
external firm to provide excess coverage for all claims in excess of $500,000. Workers' compensation
cases are administered by Maria Fernandez -Gonzalez, Sr. Benefits Administrator. Monroe County also
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RFP Outside Counsel Workers' Compensation Cases October 2012
contracts with a third party administrator (currently, EMI) to provide third party administration services
for its workers' compensation program.
As of September 1, 2012 Monroe County had a total of fourteen cases in active litigation. The
breakdown of years in which the cases were opened at DOAH is as follows:
Year
No. of cases
1991
1
1995
1
1999
1
2003
1
2006
2
2010
2
2011
3
2012
3
The County makes no representation that the number of cases filed in the future will remain the same.
The Respondents should base their fee proposal on their own experience and expertise in workers'
compensation.
1.03 PHILOSOPHY
Our goal is to timely identify claims for which there is liability and to discuss settlement opportunities
at an early juncture. Claims with merit should be promptly and fairly resolved. Claims without merit
should be identified early and denied or defended. Early resolution of claims is desirable and the use of
mediation, both state and private, is encouraged.
Cases should be staffed economically and effectively. The County will not pay for conferences
between attorneys within the same firm or conferences between attorneys and staff within the firm.
Within thirty (30) days after assignment of a case, the attorney should submit an initial case evaluation
report with the following information:
- Current status of the case
- Summary of the allegations
- Preliminary evaluation of the claim
- Identification of potential subrogation or contribution claims, if any
- Outline of significant activity proposed (investigation, discovery, hearings, motions, research,
etc.)
- Comment on venue and judge assigned to the case
- Identification of the potential need for Medicare Set Aside
- Recommendations for early disposition of the case (mediation, settlement, etc.)
At least 14 days prior to a mediation, the attorney should hold a conference with the County Sr. Benefits
Administrator, the nurse case manager, the Monroe County Attorney's Office, the third party
administrator, and Excess insurance, if applicable, to discuss the current status of the case and to obtain
settlement authority in a potential settlement range.
RFP Outside Counsel Workers' Compensation Cases October 2012
SECTION TWO
INSTRUCTIONS TO RESPONDENTS
2.01 SUBMISSION OF PROPOSALS
Four (4) original responses marked "Original" and one disk or flash drive containing a complete copy of
the proposal must be received in a sealed envelope clearly marked on the outside with the Proposer's
name and " Monroe County —Outside Legal Counsel for Workers' Compensation Cases",
addressed to:
Monroe County Purchasing Department,
1100 Simonton Street, Room 1-213,
Key West, FL 33040.
All proposals must be received on or before 3:00 P.M. local time on December 20, 2012.
Hand delivered Proposals may request a receipt. No proposals will be accepted after 3:00 P.M. Faxed
or e-mailed proposals shall be automatically rejected. It is the sole responsibility of each Proposer to
ensure its proposal is received in a timely fashion.
Only those applicants that have supplied complete information by the time specified will be considered.
No partial proposals will be considered. Responses will be received until the designated time and will
be publicly opened and read aloud at the appointed time and place stated in the Notice of Request for
Competitive Solicitation. The responses will be sent to the selection committee for review.
Respondents and their authorized agents are invited to be present.
2.02 DEVELOPMENT COSTS
The County shall not be liable for any expenses incurred in connection with submission or participation
in this competitive solicitation, including but not limited to travel costs, photocopy charges, and mailing
costs.
2.03 MODIFICATION OF RESPONSES
Written modifications will be accepted from Respondents ONLY if addressed to the entity and address
indicated in the Notice of Request for Competitive Solicitation and received prior to response due date
and time.
2.04 RIGHT TO REJECT RESPONSES
The County reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the County. Responses which contain
modifications or are incomplete, unbalanced, conditional, obscure, or which contain additions not
requested or irregularities of any kind, or which do not comply in every respect with the instruction to
Respondents, and the contract documents, may be rejected at the option of the County. Final selection
of the successful respondent(s) shall be made by the County at a noticed public meeting.
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2.05 AWARD OF CONTRACT
The intention of the County is to present contracts and a recommendation for award to the BOCC at its
January or February 2013 meeting. The County reserves the right to ask for presentations at the
selection committee meeting and/or the BOCC meeting. It is the County's intention to award multiple
contracts so as to form a panel of outside counsel. Future cases will be assigned to the firms that are
awarded a contract based on various criteria, including particular expertise in subject matter areas. The
County reserves the right to waive any informality in any response, or to re -advertise for all or part of
the work contemplated. If responses are found to be acceptable by the County, written notice will be
given to the selected Respondent(s) of the award of the contract(s).
If the award of a contract is annulled, or the awarded responder fails to execute a contract, the County
may award the contract to another Respondent or the work may be re -advertised..
The County also reserves the right to reject the response of a Respondent who has previously failed to
perform properly or to complete contracts of a similar nature on time.
2.06 QUALIFICATIONS OF PROPOSERS
A proposal must be submitted by a law firm. One member of the firm must be designated as "lead
attorney," the responsibilities of whom shall be set forth in the agreement to be executed. The law firm
must meet the following standards:
At least one member of the law firm must have practiced primarily in Florida workers'
compensation for a minimum period of five (5) years.
Each member of the firm who specializes in workers' compensation must possess demonstrated
ability, knowledge, and expertise to handle cases, and to supervise other employees handling
cases, in all aspects of Florida workers' compensation law, including at the appellate stage.
Preference will be given to law firms whose members are certified by the Florida Bar in the area
of workers' compensation and to law firms whose attorneys all have an "AV" or better rating
from Martindale -Hubbell.
2.07 CONFLICT OF INTEREST
The law firm must have no interest and shall acquire no interest, either direct or indirect, which would
conflict in any manner with the performance of legal services described herein, as provided in the
standards set forth in Part III of Chapter 112, Florida Statutes. No person having a conflicting interest
shall be employed by the law firm.
2.08 EVALUATION CRITERIA
Each law firm's proposal will be reviewed for compliance with the criteria set forth below.
Professional competence of each member of the law firm and associates in 35 points
the area of workers' compensation, with a minimum of five (5) years'
experience practicing primarily in Florida workers' compensation law for at
least one member of the firm
Experience and competence in representing local governments 20 points
Experience and competence of support staff 10 points
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Price
Total
Local Preference
20 points
85 points
Up to 5 additional
points*
*In accordance with County Ordinance 023-2009 preference is given to local vendors. A maximum of
5 points will be awarded to firms that have a valid Monroe County Tax Collector's receipt and/or have a
physical business address located in Monroe County or intend to subcontract at least 50% of the
services to such a firm.
An evaluation committee composed of representatives from the Employee Benefits department and the
County Attorney's Office will review each proposal. The evaluation committee will present one or
more proposers to the BOCC with a recommendation to award the contract(s). The BOCC reserves the
right to reject all proposals and to waive minor inconsistencies.
2.09 BILLING
The law firm shall submit invoices showing a description of work performed; the timekeeper associated
with the billing; the date on which the work was performed; and the time billed, in increments of one -
tenth (0.10) of an hour. The description of work performed shall be in sufficient details to establish that
the expense was necessary for the matter.
In addition, the law firm shall be reimbursed for travel and related per diem, mileage, meals or lodging
which may be reimbursable under this agreement shall be paid in accordance with the rates and
conditions set forth in Section 112.061, Florida Statutes, as well as applicable policies and procedures
established by the County. Charges for travel and per diems shall be submitted on a Travel
Reimbursement Form to be supplied by the County. All charges for costs must have attached a
photocopy showing the actual expenses incurred and identifying that the charge was incurred in the
matter.
The County will not reimburse for miscellaneous costs including postage, photocopying, facsimile,
telephone charges, courier charges, or computerized research.
The County will reimburse for court filing fees and costs, witness fees (including service of subpoenas),
and court reporter fees. These costs should be itemized on the invoice with copies of invoices attached
as backup.
The law firm shall maintain adequate records to justify all charges, expenses, and costs incurred in
performing the work contemplated by the agreement for at least three (3) years after completion of the
legal representation. The County shall have access to all books, records, and documents as required.
2.10 CONTRACT EXECUTION
The recommended law firm(s) chosen by the Board of County Commissioners will be expected to sign
an agreement substantially in the form set forth in Section Four.
2.11 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
Request for additional information relating to the specifications of this Request for Proposals shall be
RFP Outside Counsel Workers' Compensation Cases October 2012
submitted in writing directly to:
Monroe County Attorney's Office
1111 12`h St., Suite 408
Key West, Florida 33040
Facsimile (305) 292-3516.
No oral requests for additional information will be answered. Any inquiry received seven (7) or more
days prior to the date fixed for opening of responses will be answered by way of an addendum. The
addendum will be posted on Onvia/DemandStar and will also be mailed or sent to all known
prospective Respondents prior to the established response opening date. Each Respondent shall
acknowledge receipt of such addenda in the space provided therefore in the response form. In case any
Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless
be construed as though it had been received and acknowledged and the submission of his response will
constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and
each Respondent will be bound by such addenda, whether or not received by him. It is the
responsibility of each Respondent to verify that he has received all addenda issued before responses are
opened.
Proposers and their representative are not to contact or lobby County personnel related to or involved
with this project. All inquiries must be written and directed through the County Attorney's Office. Any
violation of these directions may result in disqualification of a proposal.
SECTION THREE
PROPOSAL CONTENTS
3.01 SUBMISSION CONTENTS
Each proposal must contain the following information. Proposals submitted without the required
information will not be considered. Submissions shall be organized as indicated below.
A. Cover Page
A cover page that states "REQUEST FOR PROPOSAL --OUTSIDE LEGAL COUNSEL FOR
WORKERS' COMPENSATION CASES." The cover page should also contain Respondent's name,
address, telephone number, and the name of the Respondent's contact person.
B. Tabbed Sections
Tab 1. Legal Personnel
State the full name, business address and telephone number of all attorneys who comprise the members
of the firm.
State the name of the lead attorney who will assume responsibility for the firm's obligations under the
contract.
For each attorney who is anticipated to provide workers' compensation legal services to the County,
please provide the following information:
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a. A brief description of the attorney's educational background (attach current resume if
available);
b. The attorney's Florida Bar number and date of admission;
c. Type and date of any Bar certifications;
d. The number of years that the attorney has practiced in workers' compensation law.
e. A brief description of the five (5) most significant workers' compensation cases the
attorney has handled within the past five (5) years, including case name and number, the
issue and outcome, and name of opposing counsel.
Tab 2. Firm Expertise
Describe the law fu-m's capability in handling the following types of issues:
a. Heart/lung presumption cases, F.S. 112.18
b. Communicable disease presumption cases, F.S. 112.181
c. Preparation of Medicare Set -Asides
i. Please explain in general terms your knowledge of and familiarity with MSAs.
I State what percentage of your cases over the past three (3) have required
preparation of an MSA. With respect to those, what percentage of MSAs that
were prepared were eventually submitted to CMS for approval.
iii. Please state what percentage of the MSAs referenced in response to the previous
paragraph were prepared in-house and what percentage were prepared by another
entity. If in-house, please provide the name of the attorney or staff person in
charge of preparing the MSA.
d. Subrogation (please identify which attorneys would handle and hourly rate if different
from hourly rate for workers' compensation cases).
Describe how the firm would assume immediate responsibility for all of the County's active cases.
Tab 3. Staffing
Provide a list of the personnel who would perform the work required under this agreement, including a
description of their background, expertise, and billing rate.
Tab 4. References
Provide at least four (4) references for which the reference is in a position to recommend the attorney's
qualifications for the same or similar services during the past three (3) years. At least two of the
references must be with a public governmental entity employer. Each reference shall include, at a
minimum:
Name and full address of reference organization
Name of Contact person for contract
Telephone number(s)
Date of initiation of contract with reference
Brief summary comparing the referenced services to these proposed services
Tab 5. Pending/Past Litigation
Describe any pending litigation in which the Respondent is involved as a result of provision of any
services which are described herein. The Respondent shall describe any litigation in which the
Respondent has been involved with or against Monroe County, the Monroe County Sheriff's Office, the
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Monroe County Clerk, Monroe County Property Appraiser, Monroe County Tax Collector, and Monroe
County Supervisor of Elections within the past five (5) years.
Tab 6. Response/bid forms
Respondent shall complete and execute the response/bid forms specified below and found at the
designated pages in this RFP, and shall include them in the section tabbed 5:
Pages
Response Form 20
Non -Collusion Affidavit 21
Ethics Clause 22
Drug Free Workplace 23
Local Preference (if applicable) 24
Pricing Information 25
Tab 7. Other Information
Provide any additional information that will present evaluators with insight about the qualifications,
fitness and abilities of Respondent.
3.02 DISQUALIFICATION OF RESPONDENTS
A. NON -COLLUSION AFFIDAVIT: Any person submitting a response to this invitation must
execute the enclosed NON -COLLUSION AFFIDAVIT. If it is discovered that collusion exists among
the Responders, the response of all participants is such collusion shall be rejected, and no participants in
such collusion will be considered in future responses for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a response/bid on a contract to
provide any goods or services to a public entity, may not submit a response/bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit
response/bids on leases 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, F.S., for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
C. DRUG -FREE WORKPLACE FORM: Any person submitting a response or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit
it with his response or proposal. Failure to complete this form in every detail and submit it with your
response or proposal may result in immediate disqualification of your response.
D. CONFLICT OF INTEREST: Any attorney who is deemed to have a conflict of interest
prohibited by the Florida Bar Rules or Chapter 112, Florida Statutes, shall be disqualified.
3.03 EXECUTION OF CONTRACT
The Respondent to whom a contract is awarded will be required to return to the County two (2)
executed original counterparts of the prescribed contract together with the required certificates of
insurance.
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3.04 INSURANCE
Successful proposers will be required to maintain during the term of their representation professional
malpractice insurance in the minimum amount of $1.0 million per claim.
SECTION FOUR
DRAFT LEGAL SERVICES CONTRACT
THIS AGREEMENT is entered into this _ day of , 201_, by and between the
Monroe County Board of County Commissioners ("County") and
(Attorney) ("Attorney").
WHEREAS, the County wishes to enter into this agreement with the Attorney so that the
Attorney will act as private legal counsel to the County;
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the
parties agree as follows:
1. Client: The Client is the County, and to the extent ethically permissible, its elected and
appointed officers and its employees, 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 of that fact immediately.
2. 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.
3. Term: This Agreement is effective upon execution by the parties. The representation shall
continue until terminate 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 of the
Benefits Department of the County from time to time.
a. Professional abilily 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
Rules of the Florida Bar to engage in delivery of legal services described herein. If
Attorney is a member of a law firm, as 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 matter cost-effectively and competently,
e.g., by ensuring that the authorized timekeepers are competent, properly supervised,
efficient, and in compliance with the terms of this Agreement as well as ethical
obligations.
5. Hourly rates and timekeepers:
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Hourly rates for attorneys and additional timekeepers will be set as follows:
Attorney Hourly Rate
Paralegals Hourly Rate
6. Special Conditions Regarding Representation:
a. Attorney has been retained by County to provide the scope of services described in
Section 2 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 those matters as well, unless a separate Agreement is required
by the County.
b. Review of ethical obligations before initiating representation: Attorney has conducted a
thorough investigation and determined that neither Attorney nor his or her firm has any
ethical impediment, real or potential, to representing County. If any ethical
impediment, real or potential, is discovered or ever arises, Attorney shall immediately
inform County in writing of the impediment (regardless of whether Attorney believes he
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 of the 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 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 from Attorney for all fees and expenses paid to
Attorney in this matter; (b) obtain cancellation of all amounts allegedly owed by
County to Attorney; and (c) obtain reimbursement for consequential expenses incurred
by County, including the cost of replacement counsel.
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 separately; state
the amount of time expended by each person daily (and, within each day, broken down
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 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 others who were present or communicated with in the
course of performing the service. Billing shall occur in increments of 0.1 hours.
b. Travel expenses will be reimbursed in accordance with the applicable provisions for
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"approved travelers" of the Monroe County Code, and will be summarized on the
Monroe County Travel Form with all applicable receipts attached thereto. Travel shall
be billed from the fum's office closest to the hearing or deposition.
C. Reimbursable expenses: Court filing fees and costs, witness fees (including experts and
consultants), and court reporter fees.
d. Non -reimbursable expenses: All other costs will be non-reimburseable, including but
not limited to postage, photocopying, facsimile, telephone charges, courier charges,
computerized research, facsimile charges.
8. Termination: The agreement can be terminated by either party with or without cause with 90
days prior written notice.
9. Records: Attorney shall maintain all books, records, and documents directly pertinent to
performance under this Agreement, including but not limited to the documents referred to in Section 4
of this Agreement, for a period of three (3) 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, modification 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 Harmless: The Attorney agrees to indemnify and hold Monroe
County for any and 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 related court costs
and reasonable attorneys fees, and shall defend all suits filed due to the negligent acts, errors or
omissions of the Attorney employees and/or agents.
12. Insurance. Throughout the term 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.
13. 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, under any
circumstance, be considered servants or agents of the County and County shall at no time be legally
responsible for any negligence on the part of said successful responder, its employees or agents,
resulting in either bodily or personal injury or property damage to any individual, firm, or corporation,
15. Disclosure: The Attorney shall be required to list any or all potential conflicts of interest, as
defined by Florida Statute 112 and Monroe County Ethics Ordinance. The 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.
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16. Assignment: the Attorney shall not assign, transfer, convey, sublet or otherwise dispose 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. Force Majeure: The Attorney shall not be liable for delay in performance or failure to perform,
in whole or in part, the services due to the occurrence of any contingency beyond its control or the
control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or
act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil
commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm,
flood, drought, or other act of God, act of any governmental authority, jurisdictional action, or
insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the Attorney
has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute
a breach of this agreement.
18. Governing 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
County and Attorney. Venue of any court action filed relative to this agreement shall lie in Monroe
County, Florida.
19. Antisolicitation: 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.
20. Severability: 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 mail, return receipt requested, to the other party as
follows:
For Monroe County: For Attorney:
Monroe County Attorney's Office
1111 12`s St., Suite 408
Key West, FL 33040
22. Ethics Clause: The Attorney warrants that it has not employed, retained or otherwise had act on
its behalf, any former Monroe County officer or employee in violation of Section 2 or Ordinance No.
10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For
breach or violation of the provision, the County may, at its discretion terminate 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
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RFP Outside Counsel Workers' Compensation Cases October 2012
public entity for the construction or repair of a public building or public work, may not submit
responses/bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in section 287.017,
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
24. General Requirements:
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 firm to
others, except in the normal course 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 days in advance of
destroying any such records and, in the event that County requests that they be preserved, shall preserve
them at least one additional year (with County responsible 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.
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 either party unless such
waiver, amendment or modification is in writing and signed by the party against whom the waiver,
amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit
of the parties hereto, their permitted successors and assigns.
d) Captions. The captions set forth herein are for convenience of reference only and shall not define,
modify, or limit any of the terms hereof.
e) 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 them, the final interpretation by
the County shall apply.
f) Adjudication of Disputes and Disagreements. The County and Attorney agree that all disputes and
disagreements between them shall be attempted to be resolved by a meet and confer session between
representatives of the County and Attorney. If the issue or issues are still not resolved to the satisfaction
of both within 30 days after the meet and confer session, then either shall have the right to seek such
relief as may be provided by this Agreement or by Florida law.
g) 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,
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RFP Outside Counsel Workers' Compensation Cases October 2012
hearings, processes, meetings, and other activities related to the substance of this Agreement. The
County and Attorney each agree that neither shall be required to enter into any arbitration proceedings
related to this Agreement or any Attachment or Addendum to this Agreement.
h) Legal Obligations and Responsibilities; Non -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 thereof by the other, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further this Agreement 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.
i) Attorney's Fees 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 attorney's 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
required by a court of competent jurisdiction shall be conducted in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.
j) 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,
ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall abide by all
federal and state laws regarding non-discrimination. Upon a determination by a court of competent
jurisdiction that such discrimination has occurred, this 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 13-101 through 13-106, Monroe County Code, 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
Agreement, provided that all applications, requests, grant proposals, and funding solicitations by
Attorney shall be approved by the County prior to submission.
1) Non -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.
m) 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 constitute one and the
same instrument and the County and Attorney may execute this Agreement by signing any such
counterpart.
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RFP Outside Counsel Workers' Compensation Cases October 2012
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above
written.
(SEAL) (Attorney)
Attest:
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
I:
LM
MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS
Mayor/Chairman
I:
Deputy Clerk
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SECTION FIVE
RESPONSE/BID FORMS
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RFP Outside Counsel Workers' Compensation Cases October 2012
RESPONSE FORM
RESPONSE TO: Request for Proposal — Outside Legal Counsel for
Workers' Compensation Cases
c% PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No(s)
I have included:
Non -Collusion Affidavit
Sworn Statement Under Ordinance 10-1990
Drug Free Workplace Form Local Preference Form (if applicable)
Pricing Information
In addition, I have included a current copy of the following professional licenses and proof of payment
of business tax:
(Check mark items above, as a reminder that they are included.)
Mailing Address:
Signed:
(Seal)
(Name)
(Title)
Witness:
Telephone:
Fax:
Date:
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NON -COLLUSION AFFIDAVIT
I, of the city of
law on my oath, and under penalty of perjury, depose and say that:
1. I am
of the firm of
in response to the Notice for Competitive Solicitation for:
according to
Outside Legal Counsel for Monroe County Workers' Compensation Cases and that I
executed the said proposal with full authority to do so.
2. This response has been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
qualifications or responses of any other responder or with any competitor; and no attempt has been
made or will be made by the responder to induce any other person, partnership or corporation to submit,
or not to submit, a response for the purpose of restricting competition;
3. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
(Signature of Responder)
STATE OF:
County OF:
(Date)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the
space provided above on this day of 20
NOTARY PUBLIC
My Commission Expires:
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RFP Outside Counsel Workers' Compensation Cases October 2012
SWORN STATEMENT UNDER ORDINANCE NO.10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Responder) warrants that he/it has not employed,
retained or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 10-1990. For breach or violation of this provision the Value Adjustment Board may, in
its discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee.
(Attorney)
(Signature)
(Date)
STATE OF
County OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her signature (name of
individual signing) in the space provided above on this day of ,
20
NOTARY PUBLIC
My commission expires:
• u : u 4=16A 92J,
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RFP Outside Counsel Workers' Compensation Cases October 2012
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, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under
response/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 response/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 nolo
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.
Responder's Signature
Date
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RFP Outside Counsel Workers' Compensation Cases October 2012
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
Name of Bidder/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. )
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?
List Address:
Telephone Number:
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 dated at least one year
prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
tel. Number
Print Name:
On this day of , 20 , before me, the undersigned notary public, personally appeared
, known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that he/she is the person who executed the above Local
Preference Form for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
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RFP Outside Counsel Workers' Compensation Cases October 2012
PRICING INFORMATION
NAME OF RESPONDENT:
TDAE-Kee ers (List by Name) Professional Status Hourly rate
Responder's Signature:
Date:
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RFP Outside Counsel Workers' Compensation Cases October 2012
REQUEST FOR PROPOSAL CHECKLIST
Please ensure that all items have been checked before submitting request for qualification. Submit this
checklist as the last page of your response.
Cover Page
Tabbed Sections:
Tab 1.
Narrative Self -Analysis
Tab 2.
References
Tab 3.
Staffing
Tab 4.
Pending Litigation
Tab 5.
County Response Forms
Tab 6.
Pricing Information Sheet
Tab 7.
Other Information
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RFP Outside Counsel Workers' Compensation Cases October 2012