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Item Q6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20, 2012 (KL) Division: County Attorney Bulk Item: Yes X No _ Department: County Attorney Staff Contact Person: Cynthia L. Hall x 3174 AGENDA ITEM WORDING: Approval of recommendation of selection committee, recommending selection of group of firms represented by Campbell &Malafy to serve as outside counsel representing Monroe County in its claim for revenue losses in the BP oil spill claims process; authorization for the County Administrator to sign agreement for legal services and all other necessary documentation in order to retain the firm(s) on a contingency fee basis as outlined in their proposal; and authorization to proceed with filing all claims and lawsuits necessary to protect the County's interests. ITEM BACKGROUND: At its August 15, 2012 meeting,the BOCC directed the County Attorney's Office to issue a request for competitive solicitation,to seek private legal counsel to represent Monroe County in claims against BP arising out of the oil spill. The RFP was advertised in September 2012. Six proposals were received by the deadline, October 16, 2012. The selection committee met and discussed the proposals on November 1, 2012. PREVIOUS RELEVANT BOCC ACTION: Please see above. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Selection of group of firms represented by Campbell &Malafy. TOTAL COST: $0 BUDGETED: Yes X No COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes_No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing_ Risk Management _ DOCUMENTATION: Included _ To Follow Not Required X DISPOSITION: AGENDA ITEM# MEMORANDUM Office of the Monroe County Attorney TO: Robert B. Shillinger, Jr., County Attorney FROM: Cynthia L. Hall,Assistant County Attorney Cc: Kevin Wilson, Bob Ward DATE: June 10, 2012 SUBJECT: Results of Selection Committee for Outside Counsel, BP Oil Spill I am writing to report on the deliberation and choice of the selection committee to choose outside counsel to handle the County's claims in connection with the BP Oil Spill. The selection committee was composed of Kevin Wilson, Bob Ward and myself. We met on November 1, 2012, from 1:00 p.m. until 3:45 p.m., and discussed in depth each of the six proposals submitted in response to the Request for Proposals (RFP) according to the five criteria listed in the RFP. After approximately two and a half hours of discussion the committee ranked the respondents as follows, with(1) being the highest ranked: (1) Campbell &Malafy(on behalf of a group of firms); (2)Friedman Davis; (3) Farrell &Patel; (4) Krupnick Campbell; (5)Restivo Reilly; and(6) Colson Hicks Edison(Ervin A. Gonzalez,Esq.).' The Campbell &Malafy firm was ranked first by two of the three committee members and second by the other. The Friedman Davis firm was ranked first by one committee member, second by another, and third by another. The Krupnick Campbell proposal was ranked fourth by all three members. Similarly,the Restivo Reilly firm and Colson Hicks were ranked fifth and sixth respectively by all committee members, across the board. A copy of the ranking sheet, which we filled out at the time, is attached. All committee members were generally impressed with the level of experience of the firms with the same type of case,particularly mass torts and/or environmental claims against BP or other oil and gas companies. Where the proposals differed was (a) in compensation methodology and (b) experience representing governmental entities. The Campbell &Malafy firm sought one of the lowest contingency fees (18% after deduction of costs). Friedman Davis's contingency fee was 20% of any claim resolved through settlement through the BP Government Claims Process, and otherwise 25% of gross recovery up to$2 million and 20% of any portion of recovery over$2 million,minus costs. Farrell &Patel's contingency fee was 20% of any 1 The names of the firms are shortened here. B. Shillinger BP Oil Spill Outside Counsel Selection Committee Results November 6, 2012 Page 2 recovery. Krupnick's proposal was for 30% of gross recovery prior to entry of judgment at trial and 35% after an appeal was filed. The Colson Hicks firm submitted no prices. The firms also distinguished themselves in terms of familiarity with working with other governmental entities. The Campbell &Malafy group is currently representing eight other Florida counties, the City of Marathon, and the Monroe County School Board in the BP claims process. The Friedman firm is currently representing the City of Key West in its claims for lost revenue under the BP local government claims process. The Farrell &Patel firm currently represents the City of South Padre Island. The Krupnick proposal mentions generally that it has represented governments in the past, and that the firm currently represents the State of Yucatan in the BP oil spill claims process and the European Union and member states in tobacco litigation. Based on our review of each of the proposals measured against the factors listed in the RFP,the committee recommends the selection of the Campbell &Malafy group as outside counsel to represent the County in the BP oil spill claims process, followed by the other firms in the order listed above. 2 MONROE COUNTY REQUEST FOR PROPOSAL (QUALIFICATIONS AND PRICING) for PRIVATE LEGAL COUNSEL FOR CLAIMS AGAINST BP OIL MONROE COUNTY, FLORIDA momii�fim e � t f s Mayor David Rice Mayor Pro tem Kim Wigington County Commissioner Sylvia Murphy County Commissioner George Neugent County Commissioner Heather Carruthers All responses submitted to this solicitation should be addressed to and received no later than 3:00 p.m. on October 16, 2012 at: Monroe County Purchasing Office 1100 Simonton Street, 1st Floor, Room 1-213 Key West, Florida 33040 Attention: REQUEST FOR PROPOSAL - Private Legal Counsel for Claims Against BP Oil 1 BP Oil Claims Private Legal Counsel RFP:2012 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on October 16, 2012 at 3:00 P.M. the Monroe County Purchasing Office will receive and open sealed responses for the following: PRIVATE LEGAL COUNSEL FOR CLAIMS AGAINST BP OIL MONROE COUNTY, FLORMA Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecount bids.cOm or call toll-free at 1-800-711- 1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 1-213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication dates Reporter (Fr) 9/14/12 Keynoter (Wed) 9/12/12 KW Citizen (Fr) 9/14/12 2. BP Oil Claims Private Legal Counsel RFP:2012 TABLE OF CONTENTS Page SECTION ONE Instruction to Respondents 4. SECTION TWO General Terms and Conditions 11 SECTION THREE Specific Conditions 13 SECTION FOUR Contract 14 SECTION FIVE Response Forms 22 Form RESPONSE TO: Request for Proposal—Private Legal Counsel 23 Non-Collusion Affidavit 24 Ethics Clause 25 Drug Free Workplace 26 SECTION SIX Pricing,Requirements of County, and Additional Services Information 27 SECTION SEVEN Request for Proposal Checklist 28 SECTION EIGHT Evaluation Criteria 29 3 BP Oil Claims Private Legal Counsel RFP:2012 SECTION ONE INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION The Respondent awarded a contract shall provide legal counsel services for Monroe County Board of County Commissioners (`BOCC" or "COUNTY"). The contract will provide for an attorney, a law firm, or a coalition of law firms to file a claim against BP Oil and any other responsible entity involved in the Deepwater Horizon Oil Spill of 2010. The attorney(s)/firm who contract(s) to provide these services will be expected to seek claims for economic damages to Monroe County due to decreased tax revenue, on a contingency basis, with the attorney(s)/firm advancing all costs related to the work, to be recovered from any award, with the attorney(s)/firm paying any and all costs awarded in the event of an adverse judgment. 1.02 COPIES OF RESPONDING DOCUMENTS Only complete sets of Responding Documents will be issued and shall be used in preparing responses. The BOCC does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. Complete sets of Responding Documents may be obtained in the manner and at the location stated in the Notice of Calling for Proposal. 1.03 PROPOSAL REQUIREMENTS Two (2) original responses, marked "Original" and eight (8) copies marked "Copy" [ten (10) complete packages] of the proposal setting forth qualifications must be received. 1.04 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $35,000.00 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. 4 BP Oil Claims Private Legal Counsel RFP:2012 D. CONFLICT OF INTEREST: Respondent shall disclose any past, current, or reasonably anticipated future conflict of interest as that term is defined by the Florida Rules of Professional Conduct,the applicable Rules of Professional Conduct for any forum in which the Respondent anticipates filing suit on behalf of the County, and/or chapter 112 Florida Statutes. 1.05 EXANIINATION OF RFP DOCUMENTS Each Respondent shall carefully examine the RFP and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the RESPONDENT will in no way relieve him of the obligations and responsibilities assumed under the contract. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County Attorney. 1.06 INTERPRETATIONS,CLARIFICATIONS,AND ADDENDA No oral interpretations will be made to any potential Respondent as to the meaning of the solicitation or contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means 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. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances,rules, and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is a professional association or other business entity, the title of the officer signing the response on behalf of the entity must be stated and evidence of his authority to sign the response must be submitted. The Respondent shall state in the response the name and address of each person interested therein. 1.09 SUBMISSION OF RESPONSES Two(2) signed originals and eight(8)copies of each response shall be submitted. s BP Oil Claims Private Legal Counsel RFP:2012 The response shall be submitted in a sealed envelope, which shall be marked so as to clearly indicate its contents and the name of the Respondent. If forwarded by mail, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Calling for Proposal, and preferably by special delivery, registered mail; if forwarded otherwise than by mail, it shall be delivered to the same address. Responses will be received until the date and hour stated in the Notice of Calling for Proposal. Each Respondent shall submit with his response the required evidence of his qualifications and experience, as outlined in Article 1.10 and the executed forms set forth in Article 1.04. 1.10 CONTENT OF SUBMISSION The submission in response to this RFP shall be printed on 8-1/2"x 11"white paper; shall be clear and concise and provide the information requested herein. The response shall be bound, or in a three-ring binder or equivalent folder, and tabbed. Statements submitted without the required information will not be considered. Submissions shall be organized as indicated below. The respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the BOCC requirements. Respondent should focus specifically on the information requested. The following information, at a minimum, shall be included in the Submittal: A. Cover Pate A cover page that states "REQUEST FOR PROPOSAL FOR PRIVATE LEGAL COUNSEL —for Claims Against BP Oil." The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. B. Tabbed Sections Tab 1.Narrative Self-Analysis The Respondent shall provide a history of the firm, its areas of special expertise, and how the attorney(s) to provide services will fulfill the needs of the BOCC if awarded a contract pursuant to this RFP process. In particular, Respondent shall describe experience and qualifications that especially highlight the relevant qualifications of principals assigned to work under the awarded contract to perform the services required. Tab 2. References Each Respondent shall provide at least two (2) references for which the reference is in a position to recommend the organization's qualifications for the same or similar services during the past three (3) years. 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 6 BP Oil Claims Private Legal Counsel RFP:2012 Tab 3. Staffing It is anticipated that the primary attorney(s) indicated in the response to this RFP shall be the only attorney(s) providing legal counsel to the BOCC for the claims against BP Oil, notwithstanding said attorney may use staff to prepare for attorney's review any legal opinions or memoranda required to fulfill the contractual obligations to the BOCC. Respondent shall include a list of the proposed staff positions that will provide the work required if awarded this contract. The listing shall include any staff who shall provide services as more fully described in Section Three of the RFP. List the total number of staff and list the number and type of minorities, using the Federal definitions, included in the staff. Tab 4. Pending/Past Litigation The Respondent shall describe any pending litigation in which the Respondent is involved in as a party as a result of provision of any services which are described herein. The Respondent shall also describe any litigation in which the Respondent has been involved as a party or attorney, for or against Monroe County within the past five(5)years. Tab 5. 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 Forms 22 Form RESPONSE TO: Request for Proposal—Private Legal Counsel 23 Non-Collusion Affidavit 24 Ethics Clause 25 Drug Free Workplace 26 Copies of all professional and occupational licenses shall be included in this section. Tab 6. Pricing Information Tab 7. Other Information Provide any additional information that will present evaluators with insight about the qualifications, fitness and abilities of Respondent. 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents, if addressed to the entity and address indicated in the notice of calling for Proposal and received prior to response due date and time. A Respondent may modify his response by telegraphic communication at any time prior to the scheduled closing time for receipt of responses, provided such telegraphic communication is received prior to the closing time, and provided further, the BOCC is satisfied that a written confirmation of the telegraphic modification over the signature of the respondent was mailed prior to the closing time. The telegraphic communication should provide the addition or subtraction or other modification. If written confirmation is not received within two(2) days from the closing time,no consideration will be given to the telegraphic modification. 7 BP Oil Claims Private Legal Counsel RFP:2012 1.12 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the BOCC. 1.13 RECEIPT AND OPENING OF RESPONSES 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 Calling for Proposal. The responses will be sent to the County Attorney for distribution to an evaluation committee for review and recommendation to the BOCC. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.14 DETERMINATION OF SUCCESSFUL RESPONDENT The BOCC 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 BOCC. 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 BOCC. Final selection of the successful respondent(s) shall be made by the BOCC at a noticed public meeting. 1.15 AWARD OF CONTRACT The BOCC 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 BOCC, 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 prior to the December 31, 2012, the BOCC may award the contract to another Respondent or the work may be re- advertised or may be performed by other qualified personnel as the BOCC decides. A contract will be awarded to the Respondent(s) deemed to provide the services which are in the best interest of Monroe County. The BOCC 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. 1.16 EXECUTION OF CONTRACT The Respondent to whom a contract is awarded will be required to return to the BOCC two (2) executed counterparts of the prescribed contract together with the required certificates of insurance. g BP Oil Claims Private Legal Counsel RFP:2012 1.17 INSURANCE A. The Respondent shall defend, indemnify and hold harmless the Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by BOCC) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Attorney or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Attorney or its Subcontractors in any tier,their employees, or agents. B. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Attorney's failure to purchase or maintain the required insurance, the Attorney shall indemnify the BOCC from any and all increased expenses resulting from such delay. C. The first ten dollars ($10.00) of remuneration paid to the Attorney is for the indemnification provided for above. D. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. E. The Attorney shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. F. Respondent shall disclose if the firm and/or the individual attorneys named in the response carry professional liability insurance,the limits of said insurance, and a copy of the policy, if any. G. The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of A- or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty(60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. H. The successful responder(s) shall obtain and maintain the following policies: 1. Workers' Compensation insurance as required by the State of Florida. 2. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. 3. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with minimum limits of $100,000 Combined Single Limit, and if split limits are provided, the minimum acceptable limits shall be $50,000 per person, $100,000 per occurrence, $25,000 property damage. 9 BP Oil Claims Private Legal Counsel RFP:2012 4. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Attorney or any of its employees, agents or subcontractors or sub-consultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with $300,000 Combined Single Limit, , and if split limits are provided, the minimum acceptable limits shall be $100,000 per person, $300,000 per occurrence, $50,000 property damage. 5. COUNTY shall be named as an additional insured with respect to Attorney's liabilities hereunder in insurance coverage identified in Paragraphs C and D. 6. Attorney shall require its sub-consultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for sub-consultants. 7. Attorney shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. 10 BP Oil Claims Private Legal Counsel RFP:2012 SECTION TWO GENERAL TERMS AND CONDITIONS 2.01 DEFINITIONS Wherever used in these General Conditions or in the other contract documents the terms below have the meanings indicated which are applicable to both the singular and plural thereof. The use of the terms "he,""him,""himself," or"his" shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. Addenda-Written or graphic instruments issued prior to the opening of responses which clarify, correct, or change the responding documents or the contract documents. Responding Documents-The advertisement or invitation calling for Proposal, instructions, and forms contained in this Request for Proposal(Response Form,Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause,Drug Free Workplace) and the proposed contract documents(including all addenda issued prior to receipt of responses). Contract Documents -The response documents, agreement, addenda(which pertain to the contract documents),the Respondent's proposal or response(including documentation accompanying the response and any post-response documentation submitted prior to the notice of award)when attached as an exhibit to the agreement,these General Conditions, together with.all amendments, modifications, and supplements. Contractor-The person, firm, or corporation with whom the BOCC has entered into the agreement. Respondent- Any attorney or law firm submitting qualifications and pricing in response to this RFP. Effective Date of the Agreement-The date indicated in the agreement on which it becomes effective, but if no such date is indicated it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver. Written Amendment-A written amendment of the contract documents, signed by the BOCC and the Respondent on or after the effective date of the agreement. Failure to Execute Required Forms—Failure to execute the required forms shall result in entity being disqualified and the response will be rejected. 2.02 CONTRACTOR'S RESPONSIBILITIES 2.02.1 Primary Legal Counsel, Supervision and Personnel The Primary Legal Counsel as proposed in the Response to RFP shall be the sole or primary legal counsel who shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. 11 BP Oil Claims Private Legal Counsel RFP:2012 2.02.2 Parts,Materials,and Equipment Unless otherwise specified in the contract,the Contractor shall furnish and assume full responsibility for all services, materials, equipment, labor,transportation,machinery, tools, and all other incidentals necessary for the completion of the work. 2.02.3 Records Contractor shall be required to maintain records pertaining to the contract for five(5) years after the termination of the contract. 2.02.4 Taxes The Contractor shall pay all sales, consumer,use, and other similar taxes required to be paid by the Respondent in accordance with the laws and regulations of the place of the project which are applicable during the performance of the work. 2.02.5 Compliance with Laws The Contractor shall comply with all applicable laws and regulations of federal, state and local governments. 1.2 BP Oil Claims Private Legal Counsel RFP:2012 SECTION THREE SPECIFIC CONDITIONS 3.01 Contractor shall be an attorney who will investigate and evaluate the merits of any claim Monroe County, a political subdivision of the State of Florida, may have against BP Oil or any other entity with responsibility and liability for the Deepwater Horizon Oil Spill of 2010, for economic damages, other than insurance-related claims and other than claims or applications for RESTORE Act funding. 3.01.1 Contractor shall provide services pursuant to a contingency fee, the details of which shall be specified in the Response to the RFP and which shall, at a minimum,include: (a) a provision that all costs will be advanced by the attomey(s)/firm and recovered from any award gained; (b) a guaranty that the attomey(s)/firm, not the County, will be liable for paying any costs imposed or sanctions awarded in the event of an adverse judgment, except if the County has rejected an offer of judgment or proposal for settlement against the advice of the Contractor. Except as provided herein, Contractor agrees to indemnify the County for any costs or sanctions imposed which are paid by the County in spite of this guaranty (c) require that Florida law be used to interpret the agreement; (d) require that venue be in the 161h Judicial Circuit of Florida for any action to enforce the agreement; and (e) require only a token amount of staff time, if any at all. For purposes of this sub-paragraph, the response should identify the offices from which the Respondent expects to need information, data, or assistance, including but not limited to the County Attorney's Office, the Office of Management and Budget,the Monroe County Tax Collector, the Monroe County Property Appraiser, the Monroe County Tourist Development Council, and any other office from which any assistance may be required, as well as the extent of assistance or type of data/information expected to be obtained from each office. 13 BP Oil Claims Private Legal Counsel RFP:2012 SECTION FOUR The following is a contract in substantially the form and with terms expected to be included in the awarded contract. Some variation may occur as a result of the proposals which are received. LEGAL SERVICES CONTRACT THIS AGREEMENT is entered into this day of , 2012,by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the BOCC and (Attorney) ,hereinafter referred to as the"Attorney". WHEREAS, the BOCC wishes to enter into this agreement with the Attorney so that the Attorney will act as private legal counsel to the BOCC; NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties agree as follows: 1. Term: This agreement commences on , 2012, and terminates upon either a receipt of an award after attorneys fees and costs or upon a determination that now award of claim shall be forthcoming. 2. Scope of Services: The Attorney will provide the following services: Attorney shall investigate and evaluate a claim for economic damages, undertake negotiations and/or file suit or institute legal proceedings as he/they deem(s) necessary on behalf of the County, and to retain services of experts or other attorneys and contractors as he/they deem(s)necessary for representation of the County's interests in this matter.. Attorney has been retained specifically because Attorney,personally, is understood by BOCC to be able to handle this matter. Employment of additional individuals, whether attorneys, paralegals, or others, shall require notice to the County Attorney, and no substitution of the attorney(s) identified herein as the primary or lead counsel is permitted without the advance written approval of BOCC. [OR FIRM is the individual or professional association named above and whose legally authorized signature appears at the bottom of this Agreement. FIRM has been retained specifically because FIRM is understood by COUNTY to be able to handle this matter. If FIRM practices with others who may also provide services to COUNTY, he or she understands that COUNTY expects that FIRM will be responsible for managing the representation, assuring compliance of others with the terms of this Agreement and ethical requirements, and communicating with COUNTY. FIRM may not delegate or outsource this work without full written disclosure to, and prior written approval from,the COUNTY.] 3. Special Conditions Regarding Representation: a) The Client is the Monroe County Board of County Commissioners (BOCC). In the event that Attorney cannot ethically represent the BOCC, Attorney shall advise BOCC in writing of that fact immediately. b) Attorney is licensed to practice law in all jurisdictions relevant to this matter and meets the statutory criteria for private counsel to a BOCC in the State of Florida. 14 BP Oil Claims Private Legal Counsel RFP:2012 c) If Attorney practices with others who may also provide services to BOCC,he or she understands that BOCC expects that Attorney will be responsible for managing the representation, assuring compliance of others with the terms of this Agreement and ethical requirements, preparing and substantiating all bills, and communicating with BOCC. Attorney may not delegate or outsource this work without full written disclosure to, and prior written approval from,the BOCC. d) Attorney has been retained by BOCC 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 BOCC to Attorney, this agreement shall apply to those matters as well,unless a separate Agreement is required by the BOCC. e) 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 BOCC. To the extent that any ethical impediment, real or potential, is discovered or ever arises, Attorney shall immediately inform BOCC 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 BOCC, obtain BOCC's express, written consent to continue the representation of the other client, and take all steps requested by BOCC to avoid or mitigate the impediment. Attorney understands that if a direct or indirect conflict of interest arises which, in the opinion of the BOCC, cannot be avoided or mitigated under the Rules of Professional Conduct of The Florida Bar, BOCC 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 BOCC to Attorney; and (c) obtain reimbursement for consequential expenses incurred by BOCC, including the cost of replacement counsel. f) Provide regular briefing reports to the County Attorney, and to the Board of County Commissioners on key issues as requested by the Board. 4. Compensation: The combined fee of, and costs incurred by, all attorneys/firms attorneys/firms shall be covered by a contingency fee upon receipt of any award or settlement approved by the BOCC, as follows: . The combined fees and costs are limited by, and shall not exceed, the amount of an award or settlement. 5. Termination: The agreement can be terminated by either party with or without cause with 120 days prior written notice. In the event termination is required by the BOCC, the parties shall agree to payment of reasonable costs due to the elimination of the contingency fee arrangement. 6. Accounting Records: Records of the Attorney pertaining to this agreement shall be kept on generally recognized accounting principles, acceptable to the Monroe County Clerk, and shall be available to the BOCC or to an authorized representative for audit. Attorney understands that Attorney must have documentation to support all aspects of each bill, including fees and expenses, and must maintain that documentation until at least four years after the termination of the representation. This documentation shall be made available by Attorney to Monroe County, BOCC or their designated representative, including an accountant, the Monroe County Clerk or Monroe County Clerk's representative, or legal bill auditor upon written request. Attorney agrees to cooperate with any examination of this documentation and Attorney's fees and expenses, e.g., by responding promptly and completely to any questions Monroe County, BOCC or its designated representative may have. Attorney shall notify BOCC in writing at least 60 days in advance of destroying any such records and, in the event that BOCC requests that they be preserved, shall preserve them at least one additional year or, at the option of the BOCC, delivered to the BOCC for storage by the BOCC, with BOCC responsible for paying the actual cost of storage. This documentation shall include, for example, 15 BP Oil Claims Private Legal Counsel RFP:2012 original time records, expense receipts, and documentation supporting the amount charged by Attorney for expense items generated by the Attorney or his or her firm. BOCC reserves the right not to pay any fee or expense item for which sufficient documentation is not available to determine whether the item was necessary and reasonable. Upon the execution of an Agreement or amendment to this agreement by the BOCC, Attorney may provide the documentation in digital electronic form in Adobe Portable Document Format (PDF)or in Alchemy format in lieu of the manual preservation requirements detailed above. a) Access to 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, in accordance with generally accepted accounting principles, consistently applied. Upon ten (10) business days written notice to the other, representatives of Monroe County, the BOCC or Attorney shall have access, at all reasonable times, to all the other party's books, records, correspondence, instructions, receipts, vouchers and memoranda (excluding computer software) pertaining to work under this Agreement for the purpose of conducting a complete independent fiscal audit. Attorney shall retain all records required to be kept under this Agreement for a minimum of five years, and for at least four years after the termination of this agreement. Attorney shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of Monroe County, the BOCC, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of Attorney to maintain appropriate records to insure a proper accounting of all collections and remittances. 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 BOCC, or their agents and representatives. Florida Public Records Law: Attorney agrees that, unless specifically exempted or excepted by Florida law or Rules and Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally require public access to all records and documents which may be made or received under this Agreement. Attorney agrees to consult with the County Attorney's office concerning the application of the Public Records Law from time to time concerning specific circumstances that may arise during the term of this Agreement. 7. Modification: Additions to, modification to or deletions from the provisions set forth in this agreement shall be effective only in writing and approved by BOCC. 8. Indemnification and Hold Harmless: The Attorney agrees to indemnify and hold Monroe County BOCC harmless for any and all claims, liability, losses and causes of action which may arise out of its fulfillment of the agreement. It 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. 9. Insurance. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Attorney's failure to purchase or maintain the required insurance, the Responder shall indemnify the COUNTY from any and all increased expenses resulting from such delay. The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 16 BP Oil Claims Private Legal Counsel RFP:2012 The Attorney shall obtain and maintain the following policies: a) Workers' Compensation insurance as required by the State of Florida. b) Employers Liability Insurance with limits of$100,000 per Accident, $500,000 Disease,policy limits, $100,000 Disease each employee. c) Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with minimum limits of $100,000 Combined Single Limit, and if split limits are provided, the minimum acceptable limits shall be $50,000 per person, $100,000 per occurrence, $25,000 property damage. d) Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Attorney or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with $300,000 Combined Single Limit, , and if split limits are provided, the minimum acceptable limits shall be $100,000 per person, $300,000 per occurrence, $50,000 property damage. e) COUNTY shall be named as an additional insured with respect to Attorney's liabilities hereunder in insurance coverage identified in Paragraphs C and D. f) Attorney shall require its sub-consultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for sub- consultants. g) Attorney shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. 10. Taxes: The BOCC and Monroe County are exempt from Federal Excise and State Florida Sales Tax. 11. Finance Charges: The BOCC and Monroe County will not be responsible for any finance charges. 12. 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 BOCC and BOCC 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. 13. 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 BOCC. 17 BP Oil Claims Private Legal Counsel RFP:2012 14. 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 BOCC. 15. Compliance With Laws: Attorney shall comply with all international, federal, state and local laws and ordinances applicable to the work or payment for work thereof. 16. 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. 17. 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 BOCC and BOCC and Attorney. Venue of any court action filed relative to this agreement shall lie in Monroe County, Florida. 18. Anti-solicitation: 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 BOCC has any interest, financially or otherwise in the Attorney or its subcontractors. 19. 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. 20. 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 BOCC: For Attorney: County Attorney P. O. Box 1026 Key West,FL 33041 BOCC shall give notice to Attorney of any meetings at which the Attorney's presence is required or requested. 21. 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 BOCC 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. 18 BP Oil Claims Private Legal Counsel RFP:2012 22. 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 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. 23. General Requirements of Contractors: 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 BOCC (or for which BOCC is otherwise billed) is the property of BOCC. Without BOCC'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 BOCC in this matter. Attorney agrees that BOCC owns all rights, including copyrights, to materials prepared by BOCC or by Attorney on behalf of BOCC. Attorney shall notify BOCC in writing at least 60 days in advance of destroying any such records and, in the event that BOCC requests that they be preserved, shall preserve them at least one additional year (with BOCC responsible for paying the actual cost of storage). Attorney shall provide BOCC 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 BOCC 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 BOCC 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 BOCC 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 BOCC 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 BOCC shall apply. 0 Adjudication of Disputes and Disagreements. The BOCC 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 BOCC 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. 19 BP Oil Claims Private Legal Counsel RFP:2012 g) Cooperation. In the event any administrative or legal proceeding is instituted against either the BOCC or Attorney relating to the formation, execution, performance, or breach of this Agreement, the BOCC 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 BOCC 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 BOCC 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 BOCC, 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 BOCC 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 BOCC. j) Authority. Attorney warrants that he and the authorized time keepers are authorized by law and the Rules and Regulations of The Florida Bar to engage in the performance of the activities encompassed by this Agreement. If Attorney is a member of a law firm, either as partner, shareholder, associate, or other relationship, Attorney warrants that he is authorized to enter into this Agreement by Attorney's law firm. k) 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 BOCC, effective the date of the court order. Attorney is aware of the provisions of Section 13-101 through 13-106, Monroe BOCC Code, relating to non-discrimination, and agrees to abide by the Code's nondiscrimination requirements. 1) Claims for State or Federal Aid. The BOCC 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 BOCC prior to submission. m)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 BOCC and Attorney agree that neither the BOCC 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. 20 BP Oil Claims Private Legal Counsel RFP:2012 n) Attestations. Attorney agrees to execute such documents as the BOCC may reasonably require, including a Drug-Free Workplace Statement, and a Public Entity Crime Statement. o) Signatures of Parties Required. This Agreement shall not be effective until executed by both BOCC and Attorney and received in fmal executed form by an authorized representative of BOCC. p)No Personal Liability. No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation of any member, officer, agent or employee of the Board Of BOCC Commissioners of Monroe BOCC in his or her individual capacity and no member, officer, agent or employee of the Board Of BOCC Commissioners of Monroe BOCC shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. q) 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 BOCC and Attorney may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. (WITNESS) (Attorney) By (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE,Clerk OF MONROE COUNTY,FLORIDA By: By: Deputy Clerk Mayor/Chairman 21 BP Oil Claims Private Legal Counsel RFP:2012 SECTION FIVE RESPONSE/BID FORMS 22 BP Oil Claims Private Legal Counsel RFP:2012 RESPONSE FORM RESPONSE TO: Request for Proposal— Private Legal Counsel for Claims Against BP Oil c/o PURCHASING DEPARTMENT GATO BUILDING,ROOM 1-213 1100 SIMONTON STREET KEY WEST,FLORIDA 33040 I acknowledge receipt of Addenda No(s) I have included: Qualifications Ethics Clause Non-Collusion Affidavit Drug Free Workplace Form Pricing Quote In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above,as a reminder that they are included.) Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) 2 BP Oil Claims Private Legal Counsel RFP:2012 NON-COLLUSION AFFIDAVIT I, of the city of according to 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 Calling for Proposal for: Legal Counsel Services for Claims Against BP Oil 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 BOCC relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Responder) (Date) STATE OF: BOCC OF: 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: 224 BP Oil Claims Private Legal Counsel RFP: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 BOCC 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: OMB-MCP FORM#4 25 BP Oil Claims Private Legal Counsel RFP:2012 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1.Publish 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. Inform 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. Give 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),notify 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. Impose 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. Make 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 26 BP Oil Claims Private Legal Counsel RFP:2012 SECTION SIX PRICING,REQUIREMENTS OF COUNTY, AND ADDITIONAL SERVICES INFORMATION NAME OF RESPONDENT: CONTINGENCY FEE ARRANGEMENT: INFORMATION ABOUT THE DATA, INFORMATION OR OTHER ASSISTANCE EXPECTED FROM OFFICES,DEPARTMENTS,AGENCIES,AND ADVISORY BOARDS OF BOCC AND OFFICES OF CONSTITUTIONAL OFFICERS: ANY ADDITIONAL SERVICES TO BE PROVIDED: (Use additional pages if necessary.) Responder's Signature: Date: 27 BP Oil Claims Private Legal Counsel RFP:2012 SECTION SEVEN. 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. Staffmg Tab 4. Pending Litigation Tab 5. BOCC Response Forms Tab 6. Pricing,Assistance from County and Additional Service Information Tab 7. Other Information(Optional) 28 BP Oil Claims Private Legal Counsel RFP:2012 SECTION EIGHT EVALUATION CRITERIA EXPERIENCE EXPERIENCE RESPONDENT WITH COMPENSATION USE OF WITH OTHER SAME TYPE METHODOLOGY COUNTY COLLEGIAL CASE RESOURCES BODY AS CLIENT MAXIMUM 40 30 20 5 5 POINTS 29 BP Oil Claims Private Legal Counsel RFP:2012 R t4, ...... ........ 6Mgej 4-Po4, ........... ��v� � �Jl l sow �,u 7�-�.� �� c7��e� ��