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3rd Amendment 04/18/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April 27, 2012 TO: Christine Hurley, Director Growth Management Division ATTN: Mayra Tezanos Executive Assistant FROM: Pamela G. Hanc# +D.C. At the April 18, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item J4 Third Amendment to legal consulting services agreement with White & Smith, LLC for various Growth Management issues including: Evaluation and Appraisal Report Comprehensive Plan Amendments, Hurricane Evacuation Modeling Memorandum of Understanding and Military Compatibility Comprehensive Plan Amendments, increasing the compensation cap by $100,000 ($150,000 — $250,000). Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. } cc: County Attorney Finance File THIRD AMENDMENT TO LEGAL CONSULTING SERVICES AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND WHITE & SMITH, LLC This Third Amendment to Legal Consulting Services Agreement (Agreement) is entered into on the /Si& day of April, 2012, between Monroe County, Florida (County) and White & Smith, LLC (Attorney). WHEREAS, County and Attorney entered into an Agreement for the provision of legal services by Attorney to County June 21, 2006, to which Exhibit A was appended to clarify certain paragraphs in the Agreement; and WHEREAS, Exhibit A was amended by the First Amendment to Agreement dated March 19, 2008; and WHEREAS, Exhibit A was amended by Second Amendment to Agreement on June 18, 2008; and WHEREAS, the parties desire to continue and extend the Agreement and increase the total amount of compensation, and amend certain other provisions of the Agreement all of which shall be shown on Exhibit A to this Third Amendment; NOW, THEREFORE, in consideration of the mutual promises and consideration, the parties agree to amend the Agreement as shown on Exhibit A attached. The remaining terms of the Agreement, not inconsistent herewith, shall remain in full forc and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement o0 Q G 7 A ST: BOARD OF COUNTY COMMISSIONERS DANNY L. KOLHAGE, CLERK OF MONROE COUNTY o ` i Deputy Clerk Mayor David Ri WHITE & SMITH, LLC CD 1/40 ° N Tyson Smi / Esq., Mem • er U . Q O G a- NOTARY BLOCK FOR WHITE & SMITH SIGNATURE TO FOLLOW � - . k STATE OF O u 4- ( COUNTY OF elik r On this day oft\ ti-! 201_. before me, the undersigned notary public, personally appeared Tyson ith , known to me to be the person whose name Is subscribed above or who produced h as identification, and acknowledged that he is the person who executed the document above for the purposes therein contained. ' / I _ '. ■■ ec�- c1S91se . a e N of , ry tit IC X 06 , ,, D. C ..., / 4 Print Name . My commission ex ,tt n oot ° °° o „�t . q « f 'v.)°° °.°° c EXHIBIT A TO AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND WHITE & SMITH, LLC Matter Identification: Consultant to and Legal Advisor to the County for general land use and growth management matters. The sections listed shall read as follows: 3.2 Limitations to Scope of Representation: Attorney shall consult directly with the office of the County Attorney, or the County Attorney's designee, or the Director of the Division of Growth Management, or the Director's designee, on an as needed basis on issues relating to land use and to growth management, including research of state, federal and local laws and cases; review of county documents including plans, regulations, policies, resolutions and other relevant material; the preparation of memoranda, ordinances, plans and other documents as specified by the County Attorney or the Director. This is specifically not an agreement for representation in litigation; however, the County Attorney may expressly request an opinion which may relate to litigation, and Attorney may accept to advise County on that topic or not as his expertise applies. The total fees and costs to be incurred under this Agreement shall be increased to a cap of Two Hundred Fifty Thousand Dollars ($250,000.00). SECTION 3.4 County Expectations and Goals: The attorney shall be available for consultation, research and opinions on matters relating to general land use and growth management issues in Monroe County, the State of Florida, other states, and the Federal government, which are specifically requested by the County Attorney or designee of the County Attorney, or Growth Management Division Director or designee. The Attorney warrants that the firm of White & Smith, LLC carries professional liability errors and omissions insurance coverage on /for Attorney in an amount not Tess than $1,000,000 and shall furnish to the county the certificate of Insurance indicating this minimum coverage. SECTION 4. Attorney's Hourly Fee Rate SECTION 4.4 Approved Additional Timekeepers: E. Tyson Smith $195 normal billing E. Tyson Smith $250 when travel is required for authorized County business S. Mark White $195 Attorneys $175 Planners $125 SECTION 5.3.1.5 Travel Expenses: Travel expenses, including but not limited to, transportation, food, and hotel or other accommodations, shall not be billed separately, but shall be included in the rate of $250 per hour as listed in section 4.4 above. SECTION 8.4 Communications and County Point of Contact County will expect that all communications between Attorney and County will be reviewed by Attorney, and that Attorney will serve as the point of contact for this matter, including billing questions. The Attorney will communicate as appropriate with the County by e-mail, which may not be secure. However, the County and Attorney will not rely upon e-mail communications for matters that are urgent. The point of contact for this matter at County is the County Attorney, the Director of Growth Management or the County Attorney or Director's designee. The County Attorney, or other County official designated by the County Attorney will timely inform the Attorney of any Board, Commission, or other agency action related to all matters to which the Attorney has been assigned, which would impact upon the Attorney's representation of the County In this matter. Communications by the Attorney to the designated County point of contact shall be considered communications to the County. If the designated point of contact wishes the Attorney to communicate any information or opinion directly to the Board of County Commissioners, the County designee will request in writing that the Attorney do so. MON nE COUNTY ATTORNEY / A ROVED AS ' FORM L Data: AIMESM151011, I Client#: 94974 WHITSMI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/24/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 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 ADDITIONAL INSURED, the policy(les) must 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 Ileu of such endorsement(s). PRODUCER CONTACT NAME: CBIZ Insurance Services, Inc. PHONE , Eat): 816 233 -0201 FAX 11440 Tomahawk Creek Parkway E -MAIL (ac, No): Leawood, KS 66211 ADDRESS: 913 234 -1628 INSURERS) AFFORDING COVERAGE NAIC # INSURER Navigators Insurance Co. INSURED INSURER B : White & Smith LLC 529 SE 2nd Street, Suite B INSURER C : Lee's Summit, MO 64063 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT RR POLICY EFF POLICY EXP TYPE OF INSURANCE N W SR VD POLICY NUMBER (MM /DD/YYYI) (MM /DD/YYYY) LIMITS GENERAL LIABILITY _ EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea oeeu ante) $ CLAIMS -MADE OCCUR APi � ` MED EXP (Any one person) $ _ DA h PERSONAL & ADV INJURY $ WAI j 1 ' GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ • POLICY PRO JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED. AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED - PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ?' EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS FR ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional PHI2BBP000542NV 02/01/2012 02/01/2013 see below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Limits of Liability: $1,000,000 each claim /$1,000,000 policy aggregate Retention: $10,000 each claim Claims Made Retro Date: 02/01/2005 CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE CBIZ Benefits & Insurance Services I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD ficFQAflA IRAKA .'I An r,1 WI