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Item O02 0.2 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting April 19, 2023 Agenda Item Number: 0.2 Agenda Item Summary #11877 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470 No AGENDA ITEM WORDING: Approval of Fifth Amendment to Agreement for Professional Legal Services with Allen, Norton & Blue, P.A. (outside counsel for labor and employment matters), to increase hourly blended rate to be charged by attorneys to $325/hour. ITEM BACKGROUND: On 5/21/2014, the County entered into an agreement for legal services with Allen, Norton & Blue P.A., outside counsel for labor and employment matters. Article 3 of the agreement set the hourly fees to be charged by attorneys (partners and associates) at$265 per hour. The Third Amendment to the agreement, executed on October 20, 2021, increased the hourly rate to $300/hour. The current proposed amendment increases the hourly rate for partners/associates by $25/hour, to $325/hour. This hourly rate is well within the hourly rate charged by other firms for similar types of work. There is no change to the overall spending cap in the agreement of$25,000 per year. PREVIOUS RELEVANT BOCC ACTION: 5/21/2014: Approval of 2014 agreement 6/21/2014: Approval of First Amendment 11/20/2019: Approval of Second Amendment 10/20/2021: Approval of Third Amendment 1/18/2023: Approval of Fourth Amendment CONTRACT/AGREEMENT CHANGES: Increases hourly blended rate for attorneys to $325/hr. STAFF RECOMMENDATION: Approval. DOCUMENTATION: ANB - RLN executed PSA 5th Amendment 4th Amendment ANB Packet Pg. 2711 0.2 AllenNorton&Blue 052114 ANB 1st Amendment 6-21-2017 ANB 2nd Amendment 11.26.19 ANB Third Amendment 2022 10 COI PL Signed exp 6.24.23 FINANCIAL IMPACT: Effective Date of amendment: 4/19/2023, retroactive to 4/1/2023 Expiration Date: None Total Dollar Value of Contract: Up to $25,000/fiscal year Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes, as set forth in 2014 agreement. Additional Details: Increases hourly blended rate to $325/hr. Yearly spending cap remains the same. REVIEWED BY: Cynthia Hall Completed 03/10/2023 8:46 AM Bob Shillinger Completed 03/10/2023 10:03 AM Purchasing Completed 03/10/2023 10:40 AM Budget and Finance Completed 03/10/2023 11:25 AM Brian Bradley Completed 03/13/2023 10:36 AM Lindsey Ballard Completed 03/27/2023 1:59 PM Board of County Commissioners Pending 04/19/2023 9:00 AM Packet Pg. 2712 0.2.a FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Fifth Amendment("Amendment") is entered into this 19t" day of April 2023, by and between the Board of County Commissioners of Monroe County, Florida ("County"), and Allen, Norton, and Blue, P.A. ("Firm"). 06 C 0 WITNESSETH 0 WHEREAS,the parties previously entered into a Professional Services Agreement on May 21, 2014 ("Agreement")whereby the County hired the services of the Firm for labor and employment law counselling and representation; and WHEREAS, on June 21, 2017, the parties entered into a First Amendment To Professional Services ("First Amendment")to increase the total dollar amount authorized to be spent under the Agreement up to $10,000.00 per fiscal year; and 0 WHEREAS, on November 20, 2019, the parties entered into a Second Amendment in order to increase the allowable amount to $11,000.00 per fiscal year; and WHEREAS, on October 20, 2021,the parties entered into a Third Amendment in order to revise the hourly rate; and WHEREAS, on January 18, 2023, the parties entered into a Fourth Amendment in order to raise the allowable annual spending cap to $25,000 per fiscal year; and E WHEREAS,the Firm has requested an increase in the hourly blended rate to be charged by attorneys for legal services to $325.00; and E WHEREAS,the County has determined that the hourly rate requested by the Firm is in line with LO rates charged by other firms doing similar work in the marketplace; and NOW THEREFORE, in consideration of the provisions contained herein, the parties agree as follows: 0 1. Article 3 of the Agreement(Compensation) is revised to reflect an hourly blended rate of Z $325.00 for work performed by attorneys (partners and associates). , 2. This Amendment shall apply retroactively to April 1, 2023. 3. In all other respects the terms of the Agreement, dated May 21, 2014, as subsequently amended by the First, Second, Third and Fourth Amendments, not inconsistent with the terms herein, remain in full force and effect. 1 Packet Pg. 2713 0.2.a IN WITNESS WHEREOF, the County and the Firm have executed this Amendment. Attest: Board of County Commissioners of Monroe Kevin Madok, Clerk County, Florida 06 0 0 By: ...._ By: . ........ As Deputy Clerk Mayor Date: Date: For the Firm, Allen,Norton and Blue,P.A. 0 E I' rt L.Norton, Managing Partner E Da : 3-10-2023 E Approved as to form and legal sufficiency: E Monroe County Attorney's Office 3-10-2023 LO CL c� X 0 E c� 2 Packet Pg. 2714 0.2.b FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Fourth Amendment ("Amendment") is entered into this 18"' day of January 2023, by and between the Board of County Commissioners of Monroe County, Florida ("County"), and Allen, Norton, and Blue, P.A. ("Firm"). WITNESSETH a� WHEREAS, the parties previously entered into a Professional Services Agreement on May 21, 06 2014 ("Agreement") whereby the County hired the services of the Firm for labor and 0 employment law counselling and representation; and 0 Z WHEREAS, on June 21, 2017, the parties entered into a First Amendment To Professional Services ("First Amendment") to increase the total dollar amount authorized to be spent under the Agreement up to $10,000.00 per fiscal year; and WHEREAS, on November 20, 2019, the parties entered into a Second Amendment in order to increase the allowable amount to $11,000.00 per fiscal year; and d 0 WHEREAS, on October 20, 2021, the parties entered into a Third Amendment in order to revise the hourly rate; and WHEREAS, in the current fiscal year, due to an unusual number of legal issues requiring the expertise of the Firm, the Firm's invoices have exceeded the invoice amount cap for the current fiscal year. The County wishes to increase the cap in order to continue to be able to utilize the services of the Firm. ao NOW THEREFORE, in consideration of the provisions contained herein, the parties agree as follows: u 1. Article 2 of the Agreement is hereby revised to state: "The Firm shall provide legal representation with regard to Labor and Employment law matters as requested, up to a maximum of twenty-five thousand dollars ($25,000.00) per fiscal year." 2. This Amendment shall apply retroactively to October 1, 2022. E c� 3. In all other respects the terms of the Agreement, dated May 21, 2014, as subsequently amended by the First, Second and Third Amendments, not inconsistent with the terms herein, remain in full force and effect. 1 Packet Pg. 2715 0.2.b IN WITNESS WHEREOF, the County and the Firm have executed this Amendment. 11 Attest: Board of County Commissioners of Monroe Kevin Madok, Clerk County, Florida By: By: 06 a As Deputy Clerk Mayor 0 Date: Date: z a� For the Firm, Allen, Norton and Blue, P.A. ... ....:......: y: Robert L. Norton, Managing Partner ate: r� E E E E Approved as to form and legal sufficiency: Monroe County Attorney's Office 12-28-2022 2 Packet Pg. 2716 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2014 Division: County Attorney's Office Bulk Item: Yes x No — Department: Staff Contact Person/Phone#: Cynthia Hall, x 3174 AGENDA ITEM WORDING: Approval to enter into retainer agreement with Allen,Norton &Blue to serve as outside counsel for labor and employment law matters. 06 ITEM BACKGROUND: The law firm of Allen, Norton & Blue is one of the State's preeminent law a 0 firms in the areas of labor and employment law. The firm provides counsel to numerous public 1� employers in labor negotiations, including Monroe County Sheriff's Office and the Monroe County 0z School Board. On April 17, 2013, the BOCC approved a contract with the law firm, in order to receive advice on certain labor matters. This agreement will continue the representation. PREVIOUS RELEVANT BOCC ACTION: April 17, 2013, BOCC approval of first agreement with law firm. E CONTRACT/AGREEMENT CHANGES: 0 The hourly rate for partners and associates is raised from$250 to $265. The cap on expenditure is raised from$5,000 (20 hours)to $10,000 (37.7 hours). E E STAFF RECOMMENDATIONS: Approval. T- TOTAL COST: up to $10,000.00 INDIRECT COST: N/A BUDGETED: Yes T- CN LO COST TO COUNTY: upto $10,000 SOURCE OF FUNDS: Primarily ad valorem 06 C REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year 1- 0 z APPROVED BY: County Atty eOMB/Purchasing_Risk Management DOCUMENTATION: Included X Not Required E DISPOSITION: AGENDA ITEM# Packet Pg. 2717 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Allen,Norton& Blue Contract# Effective Date: April 17, 2014 Expiration Date: April 16, 2015 Contract Purpose/Description: Retainer agreement with Allen,Norton& Blue to serve as outside counsel for labor and employment law matters 06 a 0 1� 0 z Contract Manager: (Name) (Ext.) (Department/Stop for BOCC meeting on Agenda Deadline: E CONTRACT COSTS Total Dollar Value of Contract: $ $5K Current Year Portion: $ 5K 0 Budgeted? Yes® No 7 Account Codes: Grant: $ E County Match: $ E ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.) CN CONTRACT REVIEW LO Changes Date Out 06 D4ten Needed tew YesF1 No 0 Division Director -0 z Risk Management Yes❑NoM O.M.B./Purchasing Yes❑ NoFj E County Attorney YesF-1 NoEj Comments: OMB Form Revised 2/27/01 MCP#2 Packet Pg. 2718 I I o.2.c AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA ED DATE: June 24, 2014 06 0 TO: Roman Gastesi Z County Administrator ATTN. Connie Cyr FROM.• Vitia Fernandez, D.C. At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item 04 Enter into a Retainer Agreement with Allen, Norton and Blue to serve as outside counsel for labor and employment law matters. E LO 06 Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact my office. 0 E c� cc: County Attorney (electronic copy) Finance (electronic copy) File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet Pg. 2719 PROFESSIONAL SERVICES AGREEMENT at THIS AGREEMENT is made and entered into this;-� day of d/�by and between MONROE COUNTY, hereinafter referred to as Client, and ALLEN, RTON & BLUE, P.A., hereinafter referred to as Firm: WHEREAS, the Client requires certain professional legal services; and, WHEREAS, the Firm represents that it is capable of providing such Services: 06 NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree 0 as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be April 17, 2014. ARTICLE 2 -SERVICE TO BE PERFORMED The Firm shall provide legal representation with regard to Labor and Employment Law matters as requested by Monroe County, up to a maximum of ten thousand ($10,000.00) dollars. 0 ARTICLE 3 -COMPENSATION The Client shall pay the Firm as follows: FEES: For all services performed by the Firm, the hourly rates of $265.00 will be paid for services performed by partners, $265 .00 for services performed by associates, and $100.00 for services performed by paralegals. LO COSTS: 1. Photocopies shall be charged at the rate of$.35 cents per page; 06 0 2. Fax receipts or transmittals shall be charged at the rate of$.50 per page 0 a 3. The Firm's actual cost for all other expenses such as lodging, travel expenses, court reporters, service of process, witness fees, electronic research, postage, overnight delivery, etc. Travel expenses shall be charged at the rate set forth in Section 112.061, Florida Statutes, on a travel voucher form supplied by the County. c� RETAINER A retainer will not be required. Packet Pg. 2720 0.2.c BILLING All bills shall be sent to the Client on a monthly basis. All bills shall be paid in accordance with Florida Government Prompt Payment Act unless there are disputed charges. All billing shall be done in .10 hour increments. Each bill will include a total to date figure on individual cases. The bills will list the names of the attorneys or paralegals working on the matter. Each entry will delineate who has done the work via initials or some other method. The Client will receive early and frequent evaluation of all cases. If the client is not likely to prevail in the litigation, the Client will be advised in order to minimize litigation costs, and settle 06 the case. C ARTICLE 4 -STANDARD OF CARE Z The Firm shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by Attorneys under similar circumstances and the Firm shall, at no additional cost to the Client, re-perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 -COMPLIANCE WITH LAWS In performance of the Services, the Firm will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. 0 ARTICLE 6 - INSURANCE During the performance of the Services under this Agreement, the Firm shall maintain Professional Liability Insurance, which shall be written by an insurance company authorized to do business in Florida. This insurance shall provide coverage against such liability resulting from this Contract. The minimum limits of coverage shall be $5,000,000 with a deductible not to exceed $50,000. le It- ARTICLE 7 -TERMINATION OF AGREEMENT LO Client shall have the right to terminate this Agreement or suspend performance thereof without cause for the Client's convenience upon written notice to the Firm, and the Firm shall have the 06 right to terminate or suspend performance of Services upon written notice to the Client and a upon terms consistent with the Rules Regulating the Florida Bar and the State and Federal � Rules of Civil Procedure. ARTICLE 8 - UNCONTROLLABLE FORCES Neither the Client nor the Firm shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with Packet Pg. 2721 . • 0.2.E reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 9- DISPUTE RESOLUTION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The prevailing party in any proceeding to resolve a dispute under this Agreement shall be entitled to recover reasonable expenses, including attorney's fees and costs. IN WITNESS WHEREOF, the Client and the Firm have executed this Agreement as of the day 06 and year first above written 0 0 ALLEN, NORTON & BLUE, P.A. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By. By: Name: Robert L. Norton Name: Sylvia J. Murphy a Title: /►� 1rx�l►�ll� f7Q �f��lr 1 i ayor C MA I . RK N i µ6 pOCe �UMv M W DEPUTY CLERK 06 MONROE COUNTY ATTORNEY 0 `= r�N Q PRO ED A T F RM: _ 0 �>: CYNTHIA L. ALL CC Qx ASSI ANT COUNTY ATTORNEY p N too Date_. � ":-.� M Z —►O �- a U. C � Packet Pg. 2722 FIRST AMENDMENT TO PROFESSONAL SERVICES AGREEMENT This amendment("Amendment") is entered into this day of June 2017, by and between the Board of County Commissioners of Monroe County, Florida("County"), and Allen, Norton, and Blue, P.A. ("Firm"). 06 0 WITNESSETH WHEREAS,the parties previously entered into a Professional Services Agreement on May 21, 2014 ("Agreement") whereby the County hired the services of the Firm for labor and employment law counselling and representation; and WHEREAS, the Professional Services Agreement provided that the County could expend a total of ten thousand dollars ($10,000.00), maximum, over the term of the Agreement; WHEREAS, it is necessary to raise the hourly rate for attorneys by ten dollars ($10.00) per hour; 0 and WHEREAS,the parties have reached the upper limit of that contractual amount and now wish to revise the Agreement in order to increase the total dollar amount authorized to be spent under the E Agreement; NOW THEREFORE, in consideration of the provisions contained herein, the parties agree as T- follows: 1. Article 2 of the Agreement is hereby revised to state: "The Firm shall provide legal representation with regard to Labor and Employment law matters as requested, up to a maximum of ten thousand dollars ($10,000.00)per fiscal year." E 2. Article 3 of the Agreement is revised to reflect an hourly rate of$275.00 for attorneys' fees, for services performed by partners and associates. oo 3. In all other respects the terms of the Agreement, dated May 21, 2014, between Monroe County and the Firm remains the same. E c� [The remainder of this page intentionally left blank.] 1A,11 Packet Pg. 2723 IN WITNESS WHEREOF, the County and the Firm have executed this Amendment, which shall be effective as of the day and year first above written. Board of County Commissioners Of Monroe County, Florida 63 06 s 5 'l By. V nerk George Neugent, Mayor By: � Deputy Clerk For the Firm, Allen, Norton and Blue, P.A. 0 E B o rt . Norton, Managing Partner E cN cN co Its O N C.J ' x� E cn E3 O LA- J W Z �- N MONROE COUNTY ATTORNEY AP MOVE AST (gRty�l. YNTHIA L. HALL ASSjSTANT COUNTY ATTORNEY Date s-as- 2,o 2 Packet Pg. 2724 0.2.d Client#:7580 ALLENNOR (MMACORD- CERTIFICATE OF LIABILITY INSURANCE DATE 3/16/201/201/YYYY) 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONfACf NAME: Bouchard Insurance(CLW) PH Ne,Ex1�:727 447-6481 1 FAX 727 449-1267 1AP101 N Starcrest Dr. E-MAIL. .c cicertsftm ersbouchardinsuranceom Clearwater,FL 33765 __-_---�y—__-- —__ _ R NS _ INSURE06 727 447-6481 S)AFFORDING COVERAGE NAIC# INSURER A Allied P&C Ins Co 42579_ 0 INSURED INSURERB.Zenith Insurance Company 13269 Allen,Norton&Blue, PA �� - -" O 121 Majorca Ave. INsuRERc: INSURER D: Coral Gables, FL 33134 ------. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ° THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - AUDLfSUBR POLICY EFF POLICY EXP- LTR - TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYYf_(MMlDDlYYYYl___ _-_ LIMITS A GENERAL LIABILITY Y Y ACP5964392062 3/16/2017 03/16/201 EACH OCCURRENCE ($1,000,000 0 X COMMFRCIAI-GENERAL LIABILITY DAMAGE TQ RENTED PREMISES(,RENTE 9nce _1$300e000 _ CLAIMS-MADE i�OCCUR MED EXP{Anp one person} $5,000 _PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE j$2,000,000 _ G N L AGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG rs2,000,000 Xl POLIO 1 I PEA I e E -- — AUTOMOBILE LIABILITY COMBINED SINGLE LIh411 - A It ACP5964392062 3/1612017 03/16/201 Eaaccdantl- t$1,000,000 s ANY AUTO BODILY INJURY(Per person) IS ALL OWNED SCHEDULED BODILY INJURY(Per accident) i AUTOS AUTOS ' X HIREDAUTOS i AONo WNED PROPEJ2TY DAMAGE X par a odentl I A , X umBRELLn une X [occur, ACP5964392062 3/16/2017 03/16/2018 EAGH GccuRR NCE f a5,000,000_ _ EXCESS LIAB CLAIMS-MADE AGGREGATE i$5,000,000 DED] X1 RETENHONs10�OOO _ 1 WORKERS COMPENSATION WCSfATU- `fU1H B Y Z127531501 1/01/2017 01/01/201 X ITORYLIMITS I ICR AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT I$500,000 OFFICER/MEMBER EXCLUDED1 NINIA `(Mandatory In NH) EL DISEASE EA EMPLOYEE!$50O OOO If yes,describe under € __. ... ._ - — _ D°SCRIPTION OF OPERATIONS h21ov, E L..DISEASE POLICY LIMIT $500,000 E DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(Attach ACORD 101,Additional rrenpp i�r E I� n1�Aa77 �IY BY7 (PC DATE (49" — � � WAIVER N/A YES_ c� (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 1111 -12 STREET,SUITE 408 KEY WEST, FL 33040-0000 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S638337/M638304 DANSU Packet Pg. 2725 • 0.2.d DESCRIPTIONS (Continued from Page 1) ! NOTICE: Bouchard Insurance is required to comply with the licensing agreement we hold with ACORD. ACORD,in conjunction with the Department of Insurance,creates and enforces the rules and regulations pertaining to proper use of the Certificate of Liability Insurance form. We are required to mark a Y next to the line of business in which the Additional Insured or Waiver of Subrogation coverage applies.According to ACORD,the Description of Operations section must be limited 0 to describing information necessary to identify the operations,locations and vehicles for which the � certificate was issued. Please note the Description of Operations section of the Certificate cannot be used to add additional information except as just described. Marking a Y next to the line of business adequately documents coverage. Equally important,it satisfies the rules and regulations governing the proper use of the Certificate of Liability Insurance form. Certificate is a reflection of the current coverages provided for the insured.Limits and coverages are afforded to the certificate holder only if required by written contract. E 0 E E cN cN E E U) SAGITTA 25.3(2010105) 2 of 2 ' #S638337/M638304 Packet Pg. 2726 Cb Kevin Madok, CPA S _ o .......• � Clerk of the Circuit Court& Comptroller Monroe County, Florida ~ROE c0�' DATE: November 26, 2019 TO: Kathy Peters, CP County Attorney's Office 06 FROM: Pamela G. HancoQ�C. 0r. 0 SUBJECT: November 20th BOCC Meeting Attached are electronic copies of the following items for your handling: R2 2nd Amendment to Professional Services Agreement between Monroe County and die law firm of Allen Norton&Blue, P.A.,which provides outside counsel representation to die County in labor and employment law matters. R6 Contract with Ross B. &Patricia M. Howes to purchase a less than fee interest in Block B 5, Lots 21 and 22, Doctors Arm First Addition (PB 4-149) with parcel numbers 00311790-000000 and 00311800-000000 and a purchase price of$86,700.00 for density reduction purposes. E Also attached is a copy die following item executed by Bob Shillinger, County Attorney: E R4 Conflict waiver from John J. Wolfe, the law firm of Wolfe/Stevens, for a potential conflict of interest related to a real estate transaction involving the County and Fisherman's Health, Inc.; and authority for the County Attorney or his designee to sign the conflict waiver letter. CI Should you have any questions, please feel free to contact me at(305) 292-3550. E N ED c� cc: Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDIP 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 P 305-294-4641 305-289-6027 305-852-7145 3 Packet Pg. 2727 0.2.e SECOND AMENDMENT TO PROFESSONAL SERVICES AGREEMENT This Second Amendment ("Amendment") is entered into this klay of November 2019,by and between the Board of County Commissioners of Monroe County,Florida("County"), and Allen,Norton, and Blue, P.A. ("Firm"). 06 WITNESSETH 0 WHEREAS,the parties previously entered into a Professional Services Agreement on May 21, 2014 ("Agreement")whereby the County hired the services of the Firm for labor and employment law counselling and representation; and WHEREAS,the parties entered into a First Amendment To Professional Services ("First Amendment") on June,21, 2017 to increase the total dollar amount authorized to be spent under the Agreement up to $10,000.00 per fiscal year; and WHEREAS,the parties have exceeded the$10,000.00 maximum by approximately $326.85 in 0 fiscal year 18/19 and therefore now wish to revise the Agreement in order to allow for payment of services in excess of the$10,000.00 for fiscal year 2018/19 and to increase the allowable E amount for future years. NOW THEREFORE, in consideration of the provisions contained herein, the parties agree as follows: 1. Article 2 of the Agreement is hereby revised to state: "The Firm shall provide legal representation with regard to Labor and Employment law matters as requested, up to a T- maximum of eleven thousand dollars ($11,000.00)per fiscal year." 2. This Amendment shall apply retroactively to August 1,2019, and shall apply to fiscal year 2018/19 as well as future fiscal years. 3. In all other respects the terms of the Agreement, dated May 21, 2014, as amended June 21, 2017, not inconsistent with the terms here in remain in full force and effect. N E c� [The remainder of this page intentionally left blank.] 1 Packet Pg. 2728 . O.2.e IN WITNESS WHEREOF,the County and the Firm have executed this Amendment. Board of County Commissioners tom; Of Monroe County,Florida 06 �....i�.iit _ y¢ 0 t 6D. Yy /Ok By:., w Ma. or IN OK CLERK DEPUTY CLERK W pE W For the firm, Allen,Noij n and Blue, P,A. f 0 f fj BK obe .Norton, Managing Partner APPROVED AS TO FORM: MONROE COUNTY ATTORNEY'S OFFICE t�Digitally signed by Cynthia L Hall E DN:cn=Cynthia L.Hall,—Monroe t`y V �• County monmu.email=hall- ,1 Cynthia@monroemunty-Fl.gov, c: E Date:2019.10.2114:39:58-04'00' t,Jr•yrt CD 17—. -�... `. .. fit;{ N N -1 4 E U 2 Packet Pg. 2729 0.2.e Client#:7680 ALLENNOR ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 3/0612019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER CT Bouchard Insurance(CLW) PHONE A-X�-4 -- (AM,No,E,d1;727 447-6481 _-—- �Ale,Nod;727 49-1267 101 N Starcrest Dr. EMAa — -- - -- Clearwater,FL 33765 D ssi�Icerts@bbuGhardlnsurance.com _ INSURERS AFFORDING COVERAGE NAIC 0 727 447.6481 INSURERA:Allied P&C Ins Co 42579 0 INSURED INSURER a:Zenith Insurance Company 13269 Allen,Norton&Blue,PA --- 0 INSURER C 121 Majorca Ave. INSURERD: Coral Gables,FL 33134 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RpOE��D��UyyCEpD BY PAID CLAIMS. E LIAINS. - .._.IANDSAsI"!�o POLICY NUMBER IMMIOOfY r1 YY) 039E YYVYI LIMITS LTR TYPE OF INSURANCE A �( COMMERCIAL GENERAL LIABILITY Y Y ACP5984392062 03/16/2019 03/161202 EACH OCCURRENCE _ S1,000,000 0) CLAIMS-MADE Q OCCUR AASI ES RENTED _ a ac e s 300,000 X Hired/Non-Owned Auto MED EXP An one arson 35 OOO _PERSONAL&ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: v GENERAL AGGREGATE s2000,000 PRO- X POLICY❑JECT L7 LOC ` v i GEM I PRODUCTS-COMPIOP AGG s 2,000 OOO _ OTHER: L A _ _ _ $ AUTOMOBILE LIABILITY R A _ .� T ComDI NE�rSINGLE L(MIO ANY AUTO /01 V�1 � BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S _ AUTOS ONLY AUTOS HIRED NON-OWNED PRpPEf37Y,D.ihfA'GE AUTOS ONLY AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR ACPS984392062 ^3116f2019 03116/2020 EACH_OCCURRENCE $5 000 000 EXCE(S'SLIA6_____ CLAIMS-MADE AGGREGATE _ S5,000,000_ C14 DED I RETEM10N15 _ _ --� ��----II S B WORKERS COMPENSATION Z127531603 T 1101/2019 01/011202 !�lsiawIE-1....i1raH AND EMPLOYERS'LIABILITY An�yy gqOP RIETORIPARTNERIE*CUTIVE Y/N E.L.EACH ACCIDENT __ 5500,000 OFFT�,ERI6 EMBER EXCLUUDE07- ® N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT S500 000 E DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) N Certificate holder is additional insured as respects General Liability only If required by written contract,and subject to the terms,conditions and exclusions as specified in the policy. Waiver of subrogatlon applies in favor of certificate holder as respects General Liability only If required by written contract,and subject to the terms,conditions and exclusions as specified In the policy. CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 1111 -12 STREET,SUITE 408 KEY WEST,FL 33040.0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S1034210/M1034172 DANSU Packet Pg. 2730 0.2.e AC R CERTIFICATE OF LIABILITY INSURANCE DATE 6/25/201(MMIDD9) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Marsh&McLennan Agency LLC PHONE PAx 9850 N.W.41st Street Mtll 305-591-0090 AICa,212-848-5666 �- Suite 100 &MAIL ADgmssl certsmiami mma-fl,com Miami FL 33178 INSURERS AFFORDING COVERAGE NAIC0 INSURER A:Endurance American Specialty Ins Co 41718 O INSURED ALLENNORTO INSURER B: Allen Norton&Blue P.A. O 121 Majorca Ave. INSURER C: Coral Gables FL 33134 INSURER D: INSURER E; INSURER F COVERAGES CERTIFICATE NUMBER:1248860706 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. E iNSR DO B POLICY EFF POLICY EXP TYPE OF INSURANCE POUCYNUMBER LIMITS I COMMERCIAL GENERAL LIABILITY EACH 90GURRENGE S eriurra CLAIMS-MADE OCCUR PREMISES IEa d .) $ MED EXP[Anv one arson S O PERSONAL 8 ADV INJURY $ GENT AGORIEGAWE LIMIT APPLIES PER: GENERAL AGGREGATE $ I POLICY.O JET LOC PRODUCTS-COMP/OP AGG S E OTHER: $ C AUTOMOBILE LIABILITY — COh1BItJ D6N LIlAIT $ ANY AUTO - BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUT OS BODILY INJURY(Par ealdanl) 3 HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (PfXacddanil' $ U UMBRELLALIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAS CLAIMS-MADE AGGREGATE $ 0 D RETENTIONS $ c1 WORKERS COMPENSATION PE OiTt• AND EMPLOYERS'LIABILITY y I N S ATUT ANYPROPRIETOR/PARTNERIEXECUTIVE El NIA E. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? IMandatory In NH) E.L DISEASE-EAEMPLOYEE $ II yvea,describe under DESCRIPT ON OF OPERATIONS below EJ_DISEASE-POLICY LIMIT $ A Errors and Omissions LPL10003237108 6/24/2018 6/24/2020 Each Claim 5,000.000 Retro Date: Aggrogeta 5,000,000 Full Prior Acts Retention 50,000 E DESCRIPTION-OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Roma ks Schedule,may be attached If more space Is required) Proof of Insurance only. t R 1WE _ NT ADA11 � I A CERTIFICATE HOLDER CANCELLATION c' m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 1111—12 Street,Suite 408 AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2731 0.2.f THIRD AMENDMENT TO PROFESSONAL SERVICES AGREEMENT This Third Amendment("Amendment")is entered into this day of October 2021, by and between the Board of County Commissioners of Monroe County, Florida("County"), and Allen, Norton, and Blue, P.A. ("Firm"). a� WITNESSETH 06 C 0 WHEREAS, the parties previously entered into a Professional Services Agreement on May 21, 0 z 2014 ("Agreement")whereby the County hired the services of the Firm for labor and employment law counselling and representation; and WHEREAS, it is necessary to raise the hourly rate for attorneys by twenty-five dollars ($25.00) per hour; 0 NOW THEREFORE, in consideration of the provisions contained herein, the parties agree as 2 d follows: 0 1. Article 3 of the Agreement is revised to reflect an hourly rate of$300.00 for attorneys' fees, for services performed by partners and associates. This change is made retroactive to May 1, 2020. 2. In all other respects the terms of the Agreement, dated May 21, 2014, between Monroe County and the Firm remains the same. E E c� [The remainder of this page intentionally left blank.] 1 Packet Pg. 2732 IN WITNESS WHEREOF, the County and the Firm have executed this Amendment. Attest: Kevin Madok, Clerk Board of County Commissioners By: Of Monroe County, Florida As Deputy Clerk .2 M By: 06 0 Mayor It 0 z For the Firm, Allen, Norton and Blue, P.A. E 0 ..................... E L. Norton, Managing Partner E E Approved as to form and legal sufficiency: Monroe County Attorney's Office E< Assistant County Attorney 9/10/2021 z E 2 Packet Pg. 2733 A�0 CERTIFICATE OF LIABILITY INSURANCE FDTAT6I(14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh&McLennan Agency LLC PHONE FAx 9850 N.W.41 st Street AIC No Ext: 305-591-0090 A/c,No):212-948-5665 Suite 100 ADDARESS: Miami FL 33178 INSURER(S)AFFORDING COVERAGE NAIC# Do INSURER A:Cumis Specialty Insurance Company, Inc. 12758 INSURED ALLENNORTO INSURER B: Allen Norton &Blue P.A. 0 121 Majorca Ave. wsuRER c Ste 300 INSURER D: O Coral Gables FL 33134 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:154656547 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER LTR MM DDNYYY MM DD POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE TO RENTED CLAIMS-MADE PREMISES Ea occurrence $ MED EXP(Any one person) $ 0 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Es accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ `tl' AUTOS ONLY AUTOS ONLY Per accident i?3 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ i:V EXCESS LIAB CLAIMS-MADE AGGREGATE $ CL DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A L39 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ®! A Errors and Omissions 31557100 6/24/2022 6/24/2023 Each Claim 5,000,000 CIL Retro Date: Aggregate 5,000,000 Full Prior Acts Retention 50,000 U DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CN Proof of Insurance only. cN Ir '� 7 CN " , . TE'_L �2 2 WANN WA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 1111 — 12 Street, Suite 408 AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2734