HomeMy WebLinkAbout2nd Amendment 01/15/2025 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: January 21, 2025
TO: Bob Shillinger
County Attorney
FROM: Liz Yongue, Deputy Clerk
SUBJECT: January 15, 2025 BOCC Meeting
The following item has been executed and added to the record:
Q13 2nd Amendment to an Agreement for Legal Services between Monroe County
and Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia, & Wright, P.A.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
MONROE COUNTY AND GARDNER,BIST,WIENER,WADSWORTH,BOWDEN,BUSH,DEE,
LAMA,&WRIGHT,P.A.
This Second Amendment ("Second Amendment") to the Agreement for legal
services ("Agreement") dated April 18, 2012 by and between Board of County
Commissioners of Monroe County, Florida ("County") and Gardner, Bist, Wiener,
Wadsworth, Bowden, Bush, Dee, LaVia, & Wright, P.A. ("Attorney") (collectively, the
"Parties") is made and entered into as of January 15th ,2025.
WITNESSETH
WHEREAS, the Parties wish to amend the Agreement in order to update the name of the
firm; and
WHEREAS, paragraph 4 of the existing Agreement states that new matters may be
assigned by the County Attorney from time to time by amendments of this Agreement,
when assigned by the County Attorney in writing and approved by the Board of County
Commissioners; and
WHEREAS, the County wishes to engage the services of Attorney to provide advice,
counseling and representation on election law issues on an as-needed basis from time to
time and wishes to amend the Agreement in order to reflect the addition of these services;
and
WHEREAS, Attorney also wishes to update the 2012 Agreement to set forth the current
hourly rates, and the County is in agreement with the proposed rates; and
WHEREAS, it is necessary to update the Agreement to add certain terms and provisions
required by State laws passed since the 2012 Agreement and also local ordinances; and
NOW THEREFORE,in consideration of the mutual covenants and provisions
contained herein, the parties amend the Agreement as follows:
1. The name of the firm is updated to the following wherever it appears in the
Agreement: Gardner, Bist, Bowden, Dee, LaVia, Wright, Perry&Harper, P.A.,
2. Pursuant to paragraph 4 of the Agreement("Scope of the Work"), the following
new matter is assigned to the Attorney: Advice, counseling and representation on
election law issues on an as-needed basis from time to time.
3. Paragraph 6.3 of the Agreement (Hourly Rates and Changes to hourly rates)is
revised in its entirety to read as follows:
Hourly rates for ATTORNEY and additional Timekeepers will be set at:
1
Al i-4--Time MP-Pers.,
Name: HourIv Rate:
Robert Scheffel Wright $250
John T. (Jay) LaVia, 111 $250
Ronald A. Labasky $250 (subcontractor to the firm)
4. Addendum A to this Agreement, setting forth clauses required under State or local
law, is incorporated in this Amendment as if fully set forth herein.
5. In all other respects the remaining terms and conditions of the Agreement remain
unchanged and in full force and effect.
The reminder of this page intentionally left blank.
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• IN WITNESS WHEREOF,.the Parties have executed this Agreement as of the day and:
. years written .e•ow. .
•
: : -F j-ATTE.ST:a .Davin Madok, Clerk : Board:CountyCommissioners of •
• s t N .,g 'S.'- ,r, .,,,,,,:b F;, - Monroe County, Florida .
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e tames K. Scholl,;Mayor :
Date . i _ �5•) .107,1v: .
. arer,Bist, owden;Dee,Lavia, .• • Wright, P.A. .
.erry . Harper,
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• • • . • : • • Print na e: John T. LaVia., III. • .:
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• te: .January 7.,2025 • • •
Approved-as to form and legal sufficiency
Robert.B. Shillinger,Jr. Monroe County Attorney.
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. D itafly signed
d y Ro e rt B.Shillinger
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. County BOCC,.ou=Monroe County .
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• • Date:2025.01.0714:04:39-05'00 .
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3 .
ADDENDUM
(State and Local Clauses Only)
1'he following clauses are added into the attached Agreement as if fully set forth therein:
1. Florida Public Records law (F.S. 119.0701).
RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 1.1.9.0701, Contractor and its
subcontractors shall comply with all public records laws of the State of Florida, including
but not limited to:
a. Keep and maintain public records required by Monroe County in order to
perform the service,
b. Upon request from the public agency's custodian of public records,provide the
public agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Florida
Statutes, Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract to and following completion of the contract if the contractor
does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe, County all
public records in possession of the contractor or keep and maintain public records required
by the public agency to perform the service. If the contractor transfers all public records
to the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided ton Monroe
County, upon request from the public agency's custodian of records, in a format that is
compatible with the infon-nation technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO 'THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT 'THE CUSTODIAN' OF PUBLIC RECORDS,
BRBAN BRADLEY, AT (305) 2923470, h�r le2L-bri_axi�,,iLMo�Lroce�o n - g(Ly, C/o
Monroe County Attorney's Office, 1.1.11. 1211 St., Suite 408, Key West FL 33040.
2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy (required for all
contracts for purchases of services or goods > 1 year): Monroe County's
perforniance and obligation to pay under this contract is contingent upon an annual
appropriation by the BOCC.
1 Insurance Requirements (Monroe County Risk Manual): The vendor is required
to provide insurance as set forth in the Agreement as may be amended from time to
time.
4
Prior to or at time of execution of the agreement,the vendor shall provide a certificate
of insurance evidencing current coverage in this amount. Therefore,the vendor shall
provide updated certificates whenever the coverage is renewed.
4. Public Entity Crime Statement (required for all procurement documents and
contracts by F.S. 287.133 and Monroe County Purchasing Policy): A person or
affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
CONTRACTOR, supplier, subcontractor, or CONTRACTOR 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. As used herein,
the term"convicted vendor list"means a list maintained by the Florida Department of
Management Services, as defined in F.S. 287.133.
By entering in this Agreement,the vendor acknowledges that it has read the above and
states that neither the vendor nor any Affiliate has been placed on the convicted vendor
list within the last 36 months.
5. Ethics Clause (required for all contracts by Monroe County Ordinance No. 10-
1990): By entering in this Agreement, the vendor warrants that he/it has not
employed, retained or otherwise had act on his/her behalf any former County officer
or employee in violation of Section 2 of Ordinance No. 010-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 0 10-1990. For breach
or violation of this provision the County may, in its discretion, terminate this
Agreement without liability and may also,in 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 County officer or employee.
6. E-verify requirement(required by F.S.448.095): Beginning January 1,2021,every
public employer,contractor,and subcontractor shall register with and use the E-Verify
system to verify the work authorization status of all newly hired employees. By
entering into this Agreement,the vendor certifies that it registers with and uses the E-
Verify system. If the contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. The contractor shall maintain a copy of such affidavit for the duration of the
contract.
7. Scrutinized companies (F.S. 287.135):
a. (Applies to contracts > $1 million): This contract is terminable at the option of
the awarding body if the vendor is found to have submitted a false certification as
defined below, has been placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
5
Energy Sector List as those terms are defined in F.S. 287.135, or been engaged in
business operations in Cuba or Syria.
i. False certification: At the time a company submits a bid or proposal for a
contract or before the company enters into or renews a contract with an
agency or local governmental entity for goods or services of$1 million or
more, the company must certify that the company is not on the Scrutinized.
Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List and that it does not have
business operations in Cuba or Syria. At the time a company submits a bid
or proposal for a contract or before the company enters into or renews a
contract with an agency or local governmental entity for goods or services
of any amount, the company must certify that the company is not
participating in a boycott of Israel. By entering into this agreement, the
vendor certifies that the company complies with these requirements.
b. (Applies to all contracts): This contract is terminable at the option of the awarding
body if the company is found to have been placed on the Scrutinized Companies
that Boycott Israel List as that term is defined in F.S. 287.135 or is engaged in a
boycott of Israel.
8. Payment: Invoices will be paid in accordance with the Florida Local Government
Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk with
supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based
on generally accepted accounting principles and such laws, rules, and regulations as
may govern the Clerk's disbursal of funds.
9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or
extended between a nongovernmental entity and a governmental entity, the
nongovernmental entity must provide an affidavit signed by an officer or a
representative of the nongovernmental entity under penalty of perjury,attesting to that
the nongovernmental entity does not use coercion for labor or services. A copy of the
affidavit is attached.
10. Foreign Entities Affidavit(F.S. 287.138):
a. Beginning 1/l/2024, a governmental entity may not accept a bid or proposal from,
or enter into a contract with, an entity which would grant the entity access to
individual personal identifying information ("PIP') unless the entity provides an
affidavit signed by an officer or representative under penalty of perjury attesting
that the entity does not meet any of the criteria in F.S. 287.138(2)(a)-(c):
• Entity owned by a country of concern (China, Russia, Iran, North
Korea, Venezuela, Syria)
• Controlling interest by government of foreign country of concern;
• Entity organized under the laws of or has principal place of business
in foreign country of concern.
6
b. Beginning 7/l/2025, a governmental entity cannot renew a contract with an entity
which would grant the access to PH unless the entity provides the affidavit.
c. Beginning 7/l/2025, a governmental entity cannot extend or renew a contract with
an entity meeting the above criteria if the contract would give access to PH to that
entity.
The affidavit is attached.
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AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name: Gardner, Bist, aV a n, Dee, L Bowde ,Wri it,P
---- � i � vi, J-14!-)�cr t&
Vendor FEIN: 59-2088596
Vendor's Authorized Representative: John T. LaVi President
——-----------President
(Name and Title)
Address: 1300 Thomaswood Drive
..............
City: Tallahassee State: Florida Zip: 32308
Phone Number: C850J_1$5-0070
Email Address:jlavia a l bwleg4jcgm
As a nongovernmental entity executing, renewing, or extending a contract with a
government entity, Vendor is required to provide an affidavit under penalty of perjury
attesting that Vendor does not use coercion for labor or services in accordance with Section
787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine
any person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when
labor or services are pledged as a security for the debt, if the value of the labor
or services as reasonably assessed is not applied toward the liquidation of the
debt, the length and nature of the labor or service are not respectively limited
and defined;
4. Destroying,concealing,removing,confiscating,withholding,or possessing any
actual or purported passport, visa, or other immigration document,or any other
actual or purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of
Section 893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that
Vendor does not use coercion for labor or services in accordance with Section 787.06.
Additionally, Vendor has reviewed Sec ion 787.06, Florida Statutes, and agrees to abide
by same. www
has
Certified By:
....................who is authorized(c s �ni on tte-- If of the ab(, ,e ferenc d company.
Authorized Signature:
Print Name: John T. LaVia I I
Title: President
...........
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FOREIGN ENTITIES AFFIDAVIT F.S. 287.138
1, John,TLaVia III of the city of Tallahassee,w Florida according to law on my oath, and
under penalty of perjury, depose and say that:
Bist B Dee LaVia Wnght Peat a. I am the President o the firm o Gardner, ,- gwden,W
& Harper, P.A. (`Entity"), the vendor and I executed the said agreement with full
authority to do so;
b. In accordance with section 287.138,Florida Statutes,the Entity is not owned by the
government of a Foreign Country of Concern, as that term is defined in F.S.
287.138, is not organized under the laws of nor has its Principal Place of Business
in a Foreign Country of Concern, and the government of a Foreign Country of
Concern does not have a Controlling Interest in the entity.
c. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
( nature) .
Date: ,JanugLl y 7, 2025
STATE OF: Florida
COUNTY OF: Leon
Subscribed and sworn to (or affirmed) before me, by means of physical presence on
January 7, 2025 by John T. LaVia, 11I. He is personally known to me.
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aJ,outGAR NOIY P ie1 :1LiC
WCOMMISSION#iN 373754 Rhonda J. Dulgar
'�', �;•' EXPIRE8:June 1,2027
"P My Commission Expires: June 1,2027
9
A0 Rom® CERTIFICATE OF LIABILITY INSURANCE _ DAo;13r2ozi
THIS CERTIFICATE IS S S IUED S A T A MATER O M O OF INFRATIN L Y N ON AD CONFERS R H O NO IGTS UPN THE CERTIFICATE H__
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 ADDITI ONAL " � " ..... ..._..... ._
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 coNrncr NAME Stephen H.Ritchie
Armour Insusrance Professionals,Inc. PHONE (404)408-3049 FAX
4355 Bumlei h Chase NE Era°I xI" ac,Hop:
ADDRESS: p repro com
9 Ste hen armounnsuran
Roswell,GA 30075 INSURER s AFFORDING COVERAGE l i A.. NAICS
INSURERA: Greenwich Insurance Company 22322
INSURED _....__.........
INSURERS:
Gardner,Bist,Bowden,Dee,LaVia,Wright,Perry&Harper,P.A INSURERC:
1300 Thomaswood Drive INSURER D
Tallahassee,FL 32308
INSURER E:
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COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN _...".NSUR, IOD
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 ....... .... - jAbbLSUBR POLICY EFF ( POLICY EXP ......_ ...I ..._.
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PERSONAL&ADV INJURY $
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EN LOYGGR GATE LIMIT APPL�IESrvPER �l 71TL�
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OWNED SCHEDULED BODILY Per accident $
AUTOS ONLY AUTOS �" ( )�
HIRED NON-OWNED PROPERTYDAMAGE
.. !AUTOS ONLY _ j AUTOS ONLY r,Per acddentl $
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UMBRELLALUIB OCCURRENCE ,$
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OFFICERIMEMBEREXCLUDED? 'NIA(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
If es,describe under ' I'lly i
DESCRIPTION OF OPERATIONS below, E L DISEASE POLICY LIMr $.�..� _.._... .........�.. u.......� "�,... �.- � ..._ __..".� Limit
99 9 Liability ..,.... $3 0
Insurance Professional Liabili LPP903661306 03/20/2024 03/20/2025 1 A re ate Limit $3 0 "
A Liability
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Deductible $10,000
DESCRIPTION OF OPERATIONSILOCAL'IONSIVEHICLES(ACORD101,AdditionalRermrks.����hedu , ..�ta .��ore �.,Isre '.""��„ �.�...... "".� ��������-„..���. ..........."„_. �.". rks Schedule,may tro attached H more apace k required)
Legal Services
............ CANCELLATION
. . .._ .. ... ...� _ ..
CERT
IFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County Board of Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Attorney's Office .-
1111 12th Street,Suite 408 AUTHORIZED REPRr.St"�4TATrw
Key West,FL 33040 ..t �......
�._W...._. .... ...w._m __.__.. mW"n..a �. .•mm ®19 -20 t5 ACdi D C6RPORa&. All ri hts reserved.
ACORD 25(2016/03) The ACORD name and logo are registe"a"J marks of ACORD