1st Amendment 10/18/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 26, 2006
TO:
Robert Shillinger
Acting County Attorney
ATTN:
Kathy Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk
FROM:
At the October 18, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
/First Amendment to extend the existing Legal Services Agreement between Monroe
County and Timothy Volpe, Esquire of the firm of Volpe, Bajalia, Wickes, Rogerson & Galloway,
P.A. This mnendment does away with the limitation of fees to $50,000, coverts the fee to an
hourly basis and adds additional timekeepers in order to provide legal services on issues relating
to windstorm insurance coverage, actuarial computation, and pricing and other windstorm matters
vital to the citizens of Monroe County.
First Amendment to Standard Legal Services Agreement between Monroe County and
William D. Brinton, Esq. for consultation and drafting of a revised Sign Ordinance.
Enclosed is a copy of each of the above-mentioned for your handling. Should you have
any questions please do not hesitate to contact this office.
cc: Finam;e
File .j
FIRST AMENDMENT
TO MONROE COUNTY, FLORIDA
STANDARD LEGAL SERVICES AGREEMENT
WITH TIMOTHY WAYNE VOLPE, ESQ.
THIS FIRST AMENDMENT is entered into on the 18th day of October 2006, to the
Standard Legal Services Agreement With Timothy Wayne Volpe, Esq., by and between
Monroe County (County), a political subdivision of the State of Florida, whose address is Gato
Building, 1100 Simonton Street, Key West, FL 33040, and Timothy Wayne Volpe (Attorney) of
the firm of Volpe, Bajalia, Wickes, Rogerson & Galloway, P.A., whose address is 1301
Riverplace Boulevard, Suite 1700, Jacksonville, Florida 32207.
WHEREAS, the County and Attorney entered into the STANDARD LEGAL
SERVICES AGREEMENT WITH TIMOTHY WAYNE VOLPE, ESQ., on May 16, 2006;
and
WHEREAS, insurance rates imposed upon Monroe County by Citizen's Property
Insurance Corporation and Florida: Peninsula Insurance Company have had and will continue to
have a large impact on the County, its residents, businesses, and government, and
WHEREAS, the ATTORNEY was hired to presented Monroe County's position
regarding the wind storm rates and was successful in obtaining a ruling in the County's favor with
regard to Citizen's Property Insurance Corporation, Inc., and
WHEREAS, the ruling has been challenged by Citizen's Property Insurance
Corporation, Inc., and
WHEREAS, the Agreement with Attorney limited the fees to be paid to ATTORNEY to
Fifty Thousand Dollars ($50,000) unless approved by the Board of County Commissioners; and
WHEREAS, the total contract amount is not sufficient to cover necessary legal
representation in opposition to the rise in insurance rates in Monroe County; and
WHEREAS, County wishes to continue with the services of Attorney; and
WHEREAS, in order to represent County, Attorney requires the assistance of additional
time keep<:rs;
Now Therefore, in consideration of the mutual promises and considerations contained herein, the
parties agree to amend as follows:
1. EXHIBIT A at paragraph 3.2 shall be amended as follows:
3.2 Limitations of Scope of Representation: Attorney shall consult directly with
the office of the County Attorney and the Board of County Commissioners on issues
relating to wind storm insurance coverage, actuarial computation, pricing and other
matters wind storm insurance matters vital to the citizens of Monroe County.
A TTORNEY will be paid for his or her services based on the number of hours
e"pended on behalf of COUNTY (rounded to the nearest tenth hour for each time entry),
at $300.00 dollars per hour, not to include time billable to or compensated by other
clients, multiplied by the ATTORNEY'S hourly rate, and additional timekeepers will be
charged in the same manner.
A TTORNEY will bill COUNTY only for time reasonably and necessarily incurred to
render professional services on COUNTY'S behalf in accordance with this Agreement.
Time attributable to billing questions is not billable. Time expended by time-keepers who
have not been approved by COUNTY is also not billable.
1
ATTORNEY will charge no more than the hourly rate quoted above throughout the
duration of the matter, unless otherwise agreed in writing and approved by COUNTY in
the same manner as Agreement.
In the event that litigation or administrative procedures occur, the Attorney will serve
either as lead Counsel with the County Attorney's office as co-counselor
Attorney shall handle the issues independent of the County Attorney's office; the County
Attorney shall decide which option will be used if such litigation or administrative
proceedings arise. ATTORNEY will keep the County Attorney or her designee advised
of the status of the matter.
2. EXHIBIT A at paragraph 4.4 shall be amended as follows:
4.4 Approved Additional Time Keepers:
Name: Hourly Rate:
Matthew McLauchlin, Attorney $195.00
Beth G. Kennison. Paralegal $105.00
Ian R. McKillop, Law Clerk $140.00
3. This Amendment shall be retroactive to the 16th day of May, 2006.
4. The remaining terms of the STANDARD LEGAL SERVICES AGREEMENT WITH
TIMOTHY WAYNE VOLPE, ESQ., not inconsistent herewith, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have been executed this Agreement as of the date
first written above.
Attest:
Danny L. KO~lerk
G~ .~
QWlIty Clerk
Date: Uli I 1 8 ZOO6
Board of County
Of Monroe Cou
Witness to ATTORNEY:
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