1st Amendment 09/09/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
September 15, 2009
TO:
Suzanne A. Hutton
County Attorney
A TTN:
Kathy M Peters
Executive Assistant
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FROM:
Isabel C. DeSantis, D. C.
At the September 9, 2009 Board of County Commissioner's meeting, the Board approved
the following:
vi' Amendment to Monroe County, Florida Standard Legal Services Agreement with
Timothy Wayne Volpe, Esq. of Volpe, Bajalia, Wickes, Rogerson & Wachs, PA to delete
reference to Exhibit A and change timekeepers, with changes retroactive to August 12, 2009.
Windstorm Insurance Rate Challenge Memorandums of Understanding with the cities of
a) Key West b) Marathon c) Key Colony Beach d) Islamorada, Village ofIslands and e) Layton
to share the costs of legal and actuarial services to challenge the intended increase in windstorm
rates. (The MOD with the City of Key West is to be in the amount of$41,000).
Enclosed for your handling are fully executed duplicate originals of I) MOD with KCB,
and 2) Amendment with Volpe. Should you have any questions, please feel free to contact our
office.
cc: Finan~
File V'
AMENDMENT TO
MONROE COUNTY, FLORIDA
STANDARD LEGAL SERVICES AGREEMENT
With TIMOTHY WAYNE VOLPE, ESQ.
This AMENDMENT TO AGREEMENT is made and entered into on the 9"'- day of ~ 2009,
between 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 TIMOTHY WAYNE
VOLPE ("Attorney") of the firm of Volpe, Bajalia, Wickes, Rogerson, & Wachs, P.A.
WHEREAS, a contract was entered between the parties on August 12, 2009, for the Attorney to
provide legal services in challenging windstorm rate filings of Citizens Property Insurance Corpomtion
in 2009; and
WHEREAS, the contract used a format that erroneously referred to an Exhibit A; and
WHEREAS, due to changes in staffing at Attorney's firm, it has become necessary to change two
time-keepers; now therefore
THE PARTIES AGREE to amend the agreement entered August 12, 2009, as follows:
1. The following words shall be deleted from the end of the very first paragraph:
"and as set out in Exhibit A hereto."
2. Paragraph 4.4 shall be revised to read:
"4.4. Approved time-keepers: Additional time-keepers may not be added to the
matter without advance written approval from County. In the event that additional time-keepers
providing services which are to be billed to the County are to be added to the staff, then their hourly
rates shall be provided to County in advance, and, upon written approval by the County, their rates
and billing practices shall comply with the requirements of this Agreement. Approved time-keepers
approved by the County are listed below, and this paragraph may be amended from time to time,
upon mutual agreement of the County and the Attorney, to evidence the then-current ci~S!ance@
Approved Time-keepers: Hourly rate: ~.:: i=2 ~ ~
Timothy Volpe, Esq. $300
Matthew McLauchlin $225
Susan Morris, Paralegal $110
Ian McKillop $160
Caroline Meek $160"
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3. Paragrah 5.3.1.6 shall be revised to read:
"5.3.1.6 Travel Time. Time spent in transit, locally or otherwise, may be billed only if
(a) Attorney or time-keeper is unable to avoid traveling by using other forms of communication and
(b) Attorney or time-keeper is unable to bill time in transit to other clients. Travel by more than one
V olpe Contract 2009
time-keeper at the same time to the same destination is not allowed without prior approval from
County. Approved travel time during time-keeper's normal business hours will be billed at the hourly
rate listed for the time-keeper in Paragraph 4.4. Approved travel time outside of time- keeper's normal
business hours will be billed at one-half the hourly rate listed for the timekeeper on in Paragraph 4.4."
4. Paragraph 14 shall be revised to read:
"14. Time Keeper Defined: As used in this Agreement, the term "time keeper" shall
include Attorney and other attorneys and individuals identified in Paragraph 4.4 who will be
providing services under this Agreement and who will bill the County for their services in
accordance with this Agreement."
5. This Amendment shall be effective retroactively to the August 12, 2009 date of the original
Agreement.
6. All other provisions of the Agreement dated August 12, 2009, not inconsistent herewith
remain in full force and effect.
THIS AMENDMENT TO AGREEMENT has been signed and executed by the Board
of County Commissioners of Monroe County, Florida, and has been signed and executed by
Attorney, on the dates indicated below.
IN WITNESS WHEREOF, the parties hereto have been executed this Agreement as of the date
first written above.
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ATTES'I\ \;c
DANNYL. KOLHAGE, Clerk
B;;~~C.~
. Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byk~ Lc '()~,,,.q-..
Mayor
WITNESSES:
ATT~
By: - / l~~ LV &
Date: 8/13/09
H t Te) N
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Volpe Contract 2009
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