4th Amendment 11/22/2016 AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
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DATE: December 23, 2016
TO: Bob Shillinger,
County Attorney
ATTN :• Cynthia Hall, Assistant County Attorney
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller C
At the November 22, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item T9 Approval of fourth amendment to agreement with Johnson, Anselmo,
Murdoch, Burke, Piper & Hochman, P.A., to increase attorney and paralegal rates and add public
records wording required by statute.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
FOURTH AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND
JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN P.A.
FOR LEGAL SERVICES
This amendment (Fourth Amendment) is made and entered into this day of
November 2016, by and between the Board of County Commissioners of Monroe County,
Florida, as the legislative and governing body of Monroe County, Florida ( "County ") and
Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. ( "Attorney ") (collectively, the
"Parties "), to the agreement by and between the Parties ( "Agreement ").
WHEREAS, on January 19, 2012, the Parties entered into an Agreement for the provision of
legal services; and
WHEREAS, paragraph 6.3 of the Agreement provides that the hourly rates for partners /senior
attorneys, associates, and paralegals will be set at the same rates charged to the Florida
Municipal Insurance Trust; and
WHEREAS, Florida Municipal Insurance Trust recently increased the hourly rate for
attorneys from $165/hour to $170 /hour, associates from $140/hour to $145/hour and
paralegals from $80 /hour to $85 /hour;
WHEREAS, the parties desired to amend their Agreement to reflect these increases.
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties amend the Agreement as follows:
1. The hourly rates for partners /senior attorneys, associates and paralegals set
forth in paragraph 6.3 is revised to read as follows, retroactive to October 1, 2015:
Timekeeper Rate
Partners /Senior Attorneys $170 /hour
Associates $145 /hour
Paralegals $85 /hour
2. Paragraph 23 in the original agreement is amended to add the following
language:
RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its
subcontractors shall comply with all public records laws of the State of Florida, including but
not limited to:
a. Keep and maintain public records required by Monroe County in order to perform
the service.
b. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Florida
Statutes, Chapter 119 or as otherwise provided by law.
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c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public
records in possession of the contractor or keep and maintain public records required by the
public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to Monroe County, upon request from the
public agency's custodian of records, in a format that is compatible with the information
technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY, AT (305) 292 -3470, bradley-
brian@monroecounty- fl.gov, c/o Monroe County Attorney's Office, 1111 12`h
St., Suite 408, Key West FL 33040.
3. Except as set forth herein, the Agreement between the parties as amended remains the
same.
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THIS FOURTH AMENDMENT to the Agreement between the Parties shall
become effective when executed both by the Attorney and the Board of County
Commissioners of Monroe County, Florida.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By: / '�e he-44-5 y
. . • �'. Clerk George Neugent, Mayor
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ATTORNEY,
JOHNSON, ANSELMO, MURDOCH,
BURKE, PIPER & HOCHMAN, P.A.
By: f . L
E. Bruce Johnso • . ner
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MONROE COUNTY ATTORNEY
APF�¢i0V SO3:
NTHIA L. HALL
ASSISTANT OV NTY ATTORNEY
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