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2nd Amendment 06/17/2009DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: July 27, 2009 TO: Maria Z. Fernandez -Gonzalez Senior Administrator -Benefits FROM: Pamela G. Hanc k, . C. At the June 17 18, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Third Amendment of the Legal Services Agreement between Monroe County and Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. to update authorized timekeepers retroactively to February 2009. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File V SECOND AMENDMENT TO AGREEMENT DATED JULY 19, 2006 BETWEEN MONROE COUNTY AND KELLEY, KRONENBERG, GILMARTIN, FICHTEL, WANDER, P.A. FOR LEGAL SERVICES On this j ':::f t-.. day of ~ Q ) 2009, A.D., the Board of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. ("Attorney"), hereby entered into this Second Amendment to their agreement dated July 19, 2006 ("Agreement"). WHEREAS, due to a death in the immediate family of Luis Estrada, Esq. a colleague from the firm of Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P.A. worked on a case for Monroe County in his absence; and WHEREAS, this colleague, Melinda R. Shabka, Esq. was not an authorized timekeeper in the original agreement dated July 19, 2006; and WHEREAS, Monroe County wishes to authorized Melinda R. Shabka as a "one-time only" authorized timekeeper for payment of services provided April 1 0 and 11, 2008, totaling $218.51; NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the July 19, 2006 agreement as follows: 1. The list of approved timekeepers in paragraph 6.3 of the Agreement is amended on a one-time only basis to add Melinda R. Shabka, Esq. at the rate of$115.00 per hour and authorize payment for services rendered by Ms. Shabka on April 1 0 and 11, 2008 in the amount of $218.51. 2. This amendment shall be retroactive to the 1 st day of April, 2008. 3. In all other respects the Agreement between the parties remains the same. THIS SECOND AMENDMENT to the agreement dated July 19, 2006, shall become effective when executed by both the ATTORNEY and executed by the Board of County Commissioners of Monroe County, Florida. 1 , r" -~,., ,... " ''''l'~';t4__, -..:~.~ . " ~!i!~: ",. \'\ t"~~~;l<~ge, Clerk ~ ,;.: ;,:,<~\, \fj.:~:~';~,/. ,,:, - ~;:i.<:_~':, ,'>-' ../... ~ ~.:...;.:_~.,.~~..:.,~ /:,~:~;-~ .. '~ ' -. -, - -'- .'~ . ~.._.<~ 's L.~._.~ Deputf Clerk o Q ~ o (..) w a: Q:: (:) u- o L&J -I - LI- ... .:r s: Q.. W ..~.l <..:J tk <t .-: ..,...: ~ ~ ;~- _J- 0: 0...._= ~(...) co N .... ~ ;:fj~ :z: -f c..,,, zu::~ <:( 0 Ci :::: t:r' c::::>> ~ Board of County Commissioners Of Monroe County, Florida "t;..,:f-~. '()~,~ By: George Neugent, Mayor Date: JUN 1 7 2009 For the Attorney, Kelley, Kronenberg, Gilmartin, Fichtel, Wander, P .A. By: ~-- Date 2 1 ®A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYWY) 07/15/09 PRODUCER 1-305-592-6080 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8200 N.W. 41st Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Miami, FL 33166 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURERA:ONEBEACON AMER INS CO 20621 Kelley, Kronenberg, Gilmartin, Fichtel and Wander, P.A. INSURER B: 8201 Peters Road, Suite 4000 INSURERC: Ft. Lauderdale, FL 33324 INSURERD: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYYYI DATE(MM/DO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED _COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY Pj 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS � BODILY INJURY NON-OWNED AUTOS . ,,. . (Per accident) $ PROPERTY DAMAGE • I (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Lawyers Professional Liab LAP-2232-09 07/15/09 07/15/10 Per Claim/Agg 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS $25,000 per claim deductible applies CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Monroe County Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1100 Simonton Street, Suite 2-268 REPRESENTATIVES. Key West, FL 33040 AUTHORIZED REPRESENTATIVE USA • ACORD 25(2009/01)JESGAR ©1988-2009 ACORD CORPORATIONi:All rights reserved. 12564196 The ACORD name and logo are registered marks of ACORD is •.