6th Amendment 02/15/2012 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: March 29, 2012
TO: Maria Z. Fernandez-Gonzalez
Senior Administrator-Benefits
FROM: Isabel C. DeSantis, D.C.
At the February 15, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution the following:
Item C7 Sixth Amendment of Legal Services Agreement between Monroe County and
Kelley, Kronenberg, Gilmarti, Fichtel, Wander, P.A. to amend the Agreement in order to update
authorized timekeepers and expand the terms of the Agreement to allow the County to hire
Kelley, Kronenberg firm to identify and pursue subrogation matters in workers compensation
claims on a case by case basis.
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
SIXTH AMENDMENT TO AGREEMENT DATED JULY 19,2006
BETWEEN MONROE COUNTY AND KELLEY,KRONENBERG, GILMARTIN,
FICHTEL,WANDER,P.A. FOR LEGAL SERVICES
On this 15th day of February, 2012, 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
Sixth Amendment to their agreement dated July 19, 2006 ("Agreement").
WHEREAS, the Agreement between the parties specifies the names of authorized
timekeepers; and
WHEREAS, it is necessary to amend the Agreement from time to time in order to revise the
list of approved timekeepers and their rates; and
WHEREAS, the parties wish to amend the Agreement in order to add the names of attorneys
Robert Freidman,Esq., Jason Stewart,Esq.,April Burnette, Esq., and add the names of
paralegals Elizabeth Harris and Denise Siegel; and
WHEREAS, the parties also wish to change the hourly billing rate for Angelo Filippi,Esq. to
$125.00 per hour, the partner rate; and
WHEREAS, the parties also wish to expand the terms of the Agreement to allow the County
to hire the Kelley, Kronenberg firm to identify and pursue subrogation matters in the event
that the County and Attorney believe that the County's workers' compensation costs and fees
should be recovered from a third party.
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties amend the July 19, 2006 Agreement as follows:
1. Paragraph 4 of the Agreement is revised to read as follows:
ATTORNEY shall provide legal services and advice to COUNTY regarding
Worker's Compensation claims, investigation, research, and/or litigation as
assigned to ATTORNEY by COUNTY. As used herein, the term"litigation"
shall include the identification of potential opportunities for third party
subrogation, and litigation and collection efforts in those matters. ATTORNEY
will be assigned new claims and third party subrogation matters on a case-by-case
basis by the Senior Administrator of the Benefits Department of the COUNTY
from time during the term of the Agreement.
2. The list of approved timekeepers and their rates set forth in paragraph 6.3 of the
Agreement is revised to read as follows: .- ...n
7: CD
Approved Timekeepers in Workers Compensation matters: '^°
Name Hourly Rate a
Steve Kronenberg, Esq. $125.00 = 3 n
Angelo Filippi, Esq. $125.00 q-
Maysleidys Porraspita,Esq. $115.00 Fri
Suzette Cozzi, Esq. $115.00 en
1
Gail Baker,Esq. $115.00
Barbara Porter,Esq. $115.00
Jason Stewart, Esq. $115.00
Robert Friedman, Esq. $115.00
April Burnette,Esq. $115.00
Lori Becker, paralegal $ 70.00
Maria Rubi, paralegal $ 70.00
Juan Garcia, paralegal $ 70.00
Elizabeth Harris, paralegal $ 70.00
Denise Siegel, paralegal $ 70.00
Approved Timekeepers,Workers Compensation subrogation matters:
Name Hourly Rate
Robert Friedman,Esq. $145.00
Jason,Stewart, Esq. $145.00
Elizabeth Harris, paralegal $ 90.00
Denise Siegel, paralegal $ 90.00
3. This amendment shall be retroactive to the 1S`day of December 1, 2011.
4. In all other aspects, the Agreement between the parties as amended remains the same.
THIS SIXTH 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.
"r��-,• F�''"=a R `, Board of County Commissioners
a= :: , ; ,. `- :- A Of Monroe County, Florida
{ j1 1 /07),,,.....„......
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'' "'Attest,. , -. �'�"�'' By:
Dariyolhage, Clerk David Rice, Mayor
By J aLS a. ei2Ca� Date: 02.— I S—I o2
Deputy Clerk
For the Attorney,
Kelley, Kronenberg, Gilmartin, Fichtel,
Wander,
By: 11111k.!_ilivaAliAit‘i Pff4 IA I il OA
i Christine S mpsfa-cutive Director
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Date
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CERTIFICATE OF INSURANCE - 03/20/2012
PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA TION ONLY
Aon Risk Services Northeast, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICA TE HOLDER. THIS
CERTIFICATE DOES NOT A MEND,EXTEND OR ALTER THE COVERAGE
199 Water Street AFFORDED BY THE POLICIES BELOW.
•
New York, NY 10038 COMPANIES AFFORDING COVERAGE
COMPANY
A Interstate Fire&Casualty Co.
INSURED: COMPANY
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Kelley, Kber ,Gilmartin,Fichtel,Wander, COMPANY�
Bamdas, Eslcalyo &Dunbracic,P.A. C
8201 Peters Road, Ste 4000,Ft. Lauterdale,FL 33324 COMDPANY
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLI CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE(MMIDDTYY) DATE(MMIDDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. $
CLAIMS MADE pi OCCUR PERSONAL&ADV.INJURY $
OWNER'S CONT.PROT. I EACH OCCURRENCE $
— FIRE DAMAGE(Any one fire) $
MED EXP.(Any one person) $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
- ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
—
APP:110 BY. MKK MANAGEMENT
SCHEDULED AUTOS BY .,. ei _ (Per person)
HIRED AUTOS DATE
N fF ` BODILY INJURY $
• NON-OWNED AUTOS [r,.c (Per accident) -
lA�T' PROPERTY DAMAGE $
eC k .
GARAGE LIABILITY '/t�Lµ'� ALL►'-I'& F AUTO ONLY—.EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND I STATUTORY LIMITS
EMPLOYERS'LIABILITY EACH ACCIDENT $
THE PROPRIETOR/PARTNERS! INCL DISEASE—POLICY LIMIT $
EXECUTIVE/OFFICERS ARE: EXCL DISEASE—EACH EMPLOYEE $
�
OTHER CLX-1001858 07/15/2011 -7/16/2012 Limits of Liability
A Professional Liability Insurance
Lawyers—Claims Made Form in the ,000 per claim and
aggregate
$15,000 per claim retention
Description of operation/locations/vehicles/special items:
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE BOVE DE SCRIBED P OUCIES BE CA NCELLED BE FORE THE
Monroe County Board of County Commissioners
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL EN DEAVOR TO M AIL 10
00 Simonton St. DAYS W RITTEN NOTICE TO THE CE RTIFICATE HOLDER NA MED TO THE LEFT,BUT
Key West, FL 33040 FAILURE TO MA IL SUCH NOTICE SHALL IMP OSE NO OBLIGATION OR LIABILITY OF ANY
KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
///._..3..S:74.
A CORD 25-S(3/93) ACCORD CORPORATION 1993