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1st Amendment_Consent to Assignment 03/15/2017CONSENT TO ASSIGNMENT AND AMENDMENT TO AGREEMENT This Consent to Assignment and Amendment to the Agreement dated September 16 2015 is entered into this 15' day of March, 2017, by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, and PANNONE LOPES DEVEREAUX & WEST LLC (PLDW) hereafter ASSIGNOR, and WEST GROUP LAW PLLC (WGL), hereafter ASSIGNEE. WHEREAS, on September 16, 2015, the COUNTY and PLDW, ASSIGNOR entered into a contract to provide legal services and representation to the COUNTY; and WHEREAS, COUNTY received notice that Attorney Steven Torres and other attorneys of the Municipal Infrastructure Team will be leaving the firm of PLDW /ASSIGNOR and fomimg a new firm WLG /ASSIGNEE effective March t, 2017; and WHEREAS, the Agreement needs to be amended to include the new statutory language imposed under Chapter 119, Public Record law; Now therefore, in consideration of the mutual promises of the original agreement as amended herein, the parties agree as follows: 1. The Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement. 2. In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original agreement, as amended. 3. The Agreement dated September 16th, 2015, as amended herein, remains in full force and effect. 4. The County consents to the assignment of the agreement, from the Assignor to the Assignee. 5. This Assignment is effective retroactively to March 1, 2017. 6. Paragraph 17 of the Agreement shall be amended to read as follows: Public Records Compliance. Attorney must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Attorney shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Attorney in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Attorney. Failure of the Attorney to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Attorney is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Attorney is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County 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 this chapter or as otherwise provided by law. (3) 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 Attorney does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Attorney or keep and maintain public records that would be required by the County to perform the service. If the Attorney transfers all public records to the County upon completion of the contract, the Attorney shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Attorney keeps and maintains public records upon completion of the contract, the Attorney shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Attorney of the request, and the Attorney must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Attorney does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Attorney. A Attorney who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section l 19.10, Florida Statutes. The Attorney shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE ATTORNEY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES. TO _ THE ATTORNEY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRAD LEY - BRIAMMONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 11 Street, SUITE 408,, KEY WEST, FL 33040. 2 BOARD OF COUNTY COMMISSIONERS OF M NROE C � T FLORID BY. Mayor /Chairman PANNONE LOPES DEVEREAUX & WEST LLC. (ASSIGNOR) Witness: By: Signature Printed Name /Title By: Signature Printed Name /Title Date: P Signat} e 1 tf.C.l �5 i2• 11t Printed Name /Title WEST GROUP LAW PL C (WGL) (ASSIGNEE) By: Signature '14'e U EST, m AnA4 - PrtveTn.e/ Printe Name /Title Date: .3 hIONRG CD U NTY A rT0RNEY CHRIS ME M. LIMBER 1- BARROWS ASSISTANT COWIN T AT TORNEY Date f17 Deputy Clerk 1. �. iy f <.., L'y ct:: C' V G n Ls, ev WEST GROUP LAW PL C (WGL) (ASSIGNEE) By: Signature '14'e U EST, m AnA4 - PrtveTn.e/ Printe Name /Title Date: .3 hIONRG CD U NTY A rT0RNEY CHRIS ME M. LIMBER 1- BARROWS ASSISTANT COWIN T AT TORNEY Date f17 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Arn- f" �040694� M or /Chairman Witness: By: Si re Printed Name/Title Q , cl- N PANNONE LOPES DEVEREAUX & WFST LLC. (ASSIGN ) c By: Signature Pri ed N e/Title Date: 2.1 WEST GROUP LAW PLLC (WGL) (ASSIGNS C `'('� ) i a t k (A).2- 2- nntrt21 Printed Name/title Date: -a MONROE. C•O'.;I T Y ATTORNEY CHRISTI= ., M. l.l RT - BAR ROWS ASSIST Date ACORO® �� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNM) 3/30/2017 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(ies) 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 lieu of such endorsement(s). PRODUCER CONTACT Doreen Macchione NAME: Capacity Coverage Company of NJ Inc PHONE EX (201) 661 -2000 al�C No: (201)661 - 2499 E - MAIL ADDRESS: One International Blvd 3rd Floor RECEIVED INSURERS AFFORDING COVERAGE NAIC # INSURERA:Continental Casualty Company 20443 Mahwah NJ 07495 INSURED 5 2017 INSURER B :CNA Financial Corporation A INSURERC:Continental Casualty Co 20443 West Group Law PLLC RER D: 81 Main Street, Suite 510 MONROE COUNTY ATTO INSURER E : DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 INSURERF: MED EXP (Any one person) White Plains NY 10601 COVERAGES CERTIFICATE NUMBER:CL1722811605 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. I NSR TYPE OF INSURANCE INSD SUER POLICY NUMBER MMIDD MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 10,000 6021437212 3/1/2017 3/1/2018 PERSONAL & ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 GENT X POLICY ❑ PRO F LOC JECT PRODUCTS - COMP /OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 6021407837 2/1/2017 2/1/2018 BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2 AGGREGATE $ 2,000,000 B EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,000 $ BINDER 2/1/2017 2/1/2018 WORKERS COMPENSATION PER OTH- A AND EMPLOYERS' LIABILITY Y / N ANY PROPRI ETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) ff yes, describe under NIA 6021437212 3/1/2017 3/1/2018 STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 Binder 3/1/2017 3/1/2018 per claim $5,000,000 C Professional Liability DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as Additional Insured. Subject to policy terms and conditions. A D t M EMSNT — WAIVER /A _� CERTIFICATE HOLDER rANrFI I ATInN ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (2014111) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1111 12th Street Suite 408 ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ,/ �y Carl Gerson /AEDOMA A-t ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (2014111)