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Item R02 R2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting October 16, 2024 Agenda Item Number: R2 2023-2990 BULK ITEM: Yes DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall N/A AGENDA ITEM WORDING: Approval of the Sixth Amendment to the Agreement for Legal Services with the law firm of Allen, Norton& Blue for labor and employment law issues and related matters. ITEM BACKGROUND: On 5/21/2014, the County entered into an agreement with legal services with Allen,Norton & Blue P.A. to serve as outside counsel for labor and employment matters. The Fourth Amendment set an overall spending in the agreement of $25,000 per year. The County now wishes to amend the agreement in order to lift the spending cap. The County also wishes to broaden the scope of services as described under the Agreement. Currently, it describes the services as only labor and employment law matters. The Sixth Amendment also broadens the scope of services in the Agreement to include other matters as directed by the County Attorney. 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 4/19/2023: Approval of Fifth Amendment INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: The Sixth Amendment (a) lifts the $25,000 per year spending cap, and (b) broadens the description of services to be provided to include not only labor and employment law issues but also any other matters 5354 directed by the County Attorney. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Allen Norton & Blue 5-21-14.pdf Sixth Amendment.pdf 2024 10 C01 Allen Norton signed exp 6 24 2025.pdf FINANCIAL IMPACT: Effective Date: 2/l/2024 Expiration Date: 1/31/2026 Total Dollar Value of Contract: TBD Total Cost to County: TBD Current Year Portion: $10,000.00 Budgeted: Yes Source of Funds: 001-67501-530310-00032 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: TBD Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: Yes Additional Details: 5355 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. ITEM BACKGROUND: The law firm of Allen, Norton & Blue is one of the State's preeminent law firms in the areas of labor and employment law. The firm provides counsel to numerous public employers in labor negotiations, including Monroe County Sheriff's Office and the Monroe County 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. CONTRACT/AGREEMENT CHANGES: 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). STAFF RECOMMENDATIONS: Approval. TOTAL COST: up to $10,000.00 INDIRECT COST: N/A BUDGETED: Yes COST TO COUNTY: up to $10,000 SOURCE OF FUNDS: Primarily ad valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty ; OMB/Purchasing_Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# 5356 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 Contract Manager: (Name) (Ext.) (Department/Stop for BOCC meeting on Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ $5K Current Year Portion: $ 5K Budgeted? Yes® No ❑ Account Codes:— Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $—/yr For: (Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Dten Needed tew Division Director YesM NoE� Risk Management Yes❑No❑ O.M.B./Purchasing YesQ No❑ County Attorney Yes❑NoEj Comments: OMB Form Revised 2/27/01 MCP#2 5357 I I� AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA DATE: June 24, 2014 TO: Roman Gastesi 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. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact my office. 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 5358 r ►. 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: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree 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. 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 $100.00 for services performed by paralegals. COSTS: 1. Photocopies shall be charged at the rate of$.35 cents per page; 2. Fax receipts or transmittals shall be charged at the rate of$.50 per page 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. RETAINER A retainer will not be required. 5359 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 the case. ARTICLE 4 -STANDARD OF CARE 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. 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. ARTICLE 7 -TERMINATION OF AGREEMENT 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 right to terminate or suspend performance of Services upon written notice to the Client and 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 5360 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 and year first above written ALLEN, NORTON & BLUE, P.A. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS B B y. y. Name: Robert L. Norton Name: Sylvia J. Murphy Title: �Ci/1rx �11� f"' "1�Ir 1 j ayor � r HlJ1 RK i M6 �UMv M DEPUTY CLERK r, MONROE COUNTY ATTORNEY cv Q PRO ED A T F RM: >: CYNTHIA L. ALL CC Q �x ASSI ANT COUNTY ATTORNEY ptoo Date_.- ­ ":, N � o z w G U. C1.4 5361 SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Sixth Amendment ("Amendment") is entered into this day of October 2024, by and between the Board of County Commissioners of Monroe County, Florida("County"), and Allen, Norton, and Blue, P.A. ("Firm"). 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, 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 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 WHEREAS, on April 19, 2023, the parties entered into a Fifth Amendment to increase the hourly rate to be charged by attorneys; and WHEREAS, the parties wish to revise the Agreement in order to remove the annual spending cap and in order to broaden the description of scope of services to be provided; NOW THEREFORE, in consideration of the provisions contained herein, the parties agree as follows: 1. Article 2 of the Professional Services Agreement is revised to read as follows: "The Firm shall provide advice and legal representation with respect to Labor and Employment Law issues and other matters as directed by the Monroe County Attorney." 2. This amendment is retroactive to August 28, 2024. 3. In all other respects the terms of the Agreement, dated May 21, 2014, as subsequently amended, not inconsistent with the terms herein, shall remain in full force and effect. 1 5362 IN WITNESS WHEREOF, the County and the Firm have executed this Amendment. Attest: Board of County Commissioners of Monroe Kevin Madok, Clerk County,Florida B . As Deputy Clerk Mayor Date: Date: For the Firm, Allen,Norto od Blwu ,ll ; : By: e �k M. Flik Stare, older Date: September er 27 2024 Approved as to form and legal sufficiency: Monroe County Attorney's Office 10-1-2024 CJA4�t. ffog 5363 -�� ALLEN-9 OP ID:ZM Rv CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDIYYYY) k...•- 06/19/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 813-251-2580 CONTACT Jack Compton NAME: SGP Advisors(Tampa) PHONE 813-251-2580 FAX 813-251-2585 Mike Shea (A/C,No,Ext): (A/C,No): 501 E.Kennedy Blvd,#1000 ADDRIESS:lcompton@sgpadv.com Tampa,FL 33602 Jack Compton INSURERS AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins Cmpy 19445 INSURED INSURER B: Allen Norton&Blue,P.A. 121 Iljla'orca Avenue,Suite 300 INSURER C: Coral Mbles,FL 33134 INSURER D 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS ITR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $ PERSONAL&ADV INJURY $ DATE GEN'L AGGREGATE LIMIT APPLIES PER: - �" �' ^� " GENERAL AGGREGATE $ POLICY JECT1:1 LOC iohi 025 ...' WAIVER N/A_YES PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Prof.Liab. 045810031-24 06/24/2024 06/24/2025 Per claim 5,000,000 Deductible $50,000 PER CLAIM Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Retro Date: Full Prior Acts. Proof of Insurance only. CERTIFICATE HOLDER CANCELLATION MONROE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 1111 -12th Street, Suite 408 Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 5364