Item O2C oun t y of Monr
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tern Sylvia J. Murphy, District 5
Christopher R. Dingman (associate)
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: 0.2
Agenda Item Summary #3581
BULK ITEM: Yes
TIME APPROXIMATE:
No
DEPARTMENT: County Attorney's Office
STAFF CONTACT: Cynthia Hall (305) 292 -3470
AGENDA ITEM WORDING: Approval of First Amendment to Professional Services Agreement
with law firm of Barnett, Bolt, Kirkwood, Long & Koche, to increase hourly rates for three
timekeepers.
ITEM BACKGROUND: On March 26, 2015, the County entered into a Professional Services
Agreement with the law firm of Barnett, Bolt, Kirkwood, Long & Koche, P.A., for tax advice and
representation, up to a maximum of fifty thousand dollars ($50,000). Article 3 of the Agreement
specified three timekeepers and their hourly rates. On April 12, 2017, the Firm notified the County
that the hourly rates for the three timekeepers increased as follows:
Timekeeper
Previous Rate
New Rate
David L. Koche (partner)
$435
$450
Micah G. Fogarty (partner)
$250
$275
Christopher R. Dingman (associate)
$215
$250
The April 12, 2017 letter also provides that the hourly rates for paralegals will increase from
$145/hour to $165/hour. There are no other changes to the original Agreement.
The Amendment provides for retroactive increase of these hourly rates, back to April 1, 2017.
PREVIOUS RELEVANT BOCC ACTION: March 26, 2015 — approval of Professional Services
Agreement.
CONTRACT /AGREEMENT CHANGES:
Raises hourly fees for three timekeepers
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
First Amendment Barnett Bolt
Barnett, Bolt, Kirkwood, Long & Koche 041515
Updated hourly rates as of 4 -2017
FINANCIAL IMPACT:
Effective Date: April 1, 2017
Expiration Date: None
Total Dollar Value of Contract: Maximum of $50,000
Total Cost to County: Maximum of $50,000
Current Year Portion:
Budgeted: Yes
Source of Funds: Primarily ad valorem.
CPI: No
Indirect Costs: Non
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
Raises hourly fees for three timekeepers. The amount is already budgeted.
REVIEWED BY:
Bob Shillinger
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
11/06/2017 2:32 PM
Completed
11/06/2017 3:09 PM
Completed
11/06/2017 3:10 PM
Completed
11/08/2017 9:09 AM
Pending
12/13/2017 9:00 AM
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT ( "Amendment ") to the Professional Services Agreement between
MONROE COUNTY, hereinafter referred to as Client, and BARNETT, BOLT, KIRKWOOD,
LONG & KOCHE, P.A., hereinafter referred to as Firm (collectively, "the Parties "), is made and
entered into as of December 13, 2017.
WHEREAS, Client uses the legal services of the Firm for tax advice and representation; and
WHEREAS, on March 26, 2015, the Parties entered into a Professional Services Agreement
( "Agreement ") for the provision of the legal services; and
WHEREAS, on April 1, 2017, the Firm notified the Client that the hourly rates of the Firm's
attorneys performing work for the County were being raised; and
WHEREAS, the Parties wish to revise the Agreement in order to update the hourly rates to be
charged;
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree
as follows:
1. The hourly fees shown in Article 3 (Compensation) of the Agreement are revised to read
as follows:
ARTICLE 3 - COMPENSATION
FEES:
The following are approved time - keepers and their hourly rates:
Name Hourly Rate
David L. Koche $450.00
Micah G. Fogarty $275.00
Christopher R. Dingman $215.00
In addition to the above, the hourly fee in the range of $200 to $275 will be paid for the
services of any associates and the hourly fee of $165 will be paid for the services of any
paralegal. Hourly rates may be redetermined in the Firm's sole discretion as of January
of each year.
2. The changes listed in paragraph 1 hereto are retroactive to April 1, 2017.
3. In all other respects the Agreement between the Parties remains unchanged, and in full
force and effect.
1
IN WITNESS WHEREOF, the Client and the Firm have executed this Agreement as of the day
and year first above written.
BARNETT, BOLT, KIRKWOOD,
LONG & KOCHE, P.A.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
Name: David L. Koche
Title: Shareholder
By:
Name:
Title: Mayor
2
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AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
ea MONROE COUNTY, FLORIDA _
DATE: April 24, 2015 � �
TO: Bob Shillinger, APR 3
County Attorney 3 0 2015
MONROE CaUNiy A�RNEV
ATT1V: Kathy Peters
FROM Lindsey Ballard, D.C�
At the April 15, 2015, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item N2 Professional Services Agreement with the law firm of Barnett, Bolt,
Kirkwood, Long & Koche, P.A. for advice and representation of the County in connection with
employment tax issues.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please feel free to contact my office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, Po Box 198o, 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 Fox: 305 - 852 -7146
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COPY PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement ") is made and entered into this 26"' day of March, 2015 by
and between MONROE COUNTY, hereinafter referred to as Client, and BARNETT, SOLT,
KIRKWOOD, LONG & KOCHE, P.A., hereinafter referred to as Firm.
WHEREAS, the Client requires certain professional legal services; and,
WHEREAS, the Firm represents that it is capable of providing such Services:
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree
as follows:
ARTICLE 1 - EFFECTIVE DATE AND TERM
The effective date of this Agreement shall be April 15, 2015. The Agreement shall continue in
full force and effect until terminated either by the Firm or by the Client. Monroe County's
obligation to pay is contingent upon annual appropriation by the Monroe County Board of
County Commissioners.
ARTICLE 2 - SERVICE TO BE PERFORMED
The Firm shall provide advice and legal representation with regard to taxation matters as
requested by Monroe County and subject to the prior approval of the Firm, up to a maximum of
fifty thousand dollars ($50,000.00).
The Firm has conducted a thorough investigation and determined that neither the Firm nor its
attorneys has any ethical impediment, real or potential, to representing the County. If any such
impediment arises, the Firm shall immediately take steps required by Florida Bar rules to
resolve the conflict or withdraw from representation. If a conflict of interest arises that cannot be
avoided or mitigated under the Rules of Professional Conduct of the Florida Bar, the County
may, in its discretion, (a) obtain reimbursement from the Firm for all fees and costs paid to the
Firm in this matter; and (b) obtain cancellation of all further amounts allegedly owed by the
County to the Firm.
ARTICLE 3 - COMPENSATION
FEES:
The following are approved time - keepers and their hourly rates:
Name
David L. Koche
Micah G. Fogarty
Chris Dingman
Hourly Rate
$435.00
$250.00
$215.00
In addition to the above, the hourly fee in the range of $200 to $275 will be paid for the services
of any associates and the hourly fee of $145 will be paid for the services of any paralegal.
Hourly rates may he redetermined in the Firm's sole discretion as of January of each year.
1
Packet Pg. 2308
COSTS:
1. Travel expenses will be reimbursed in accordance with and at the rate set forth in the
applicable provisions for "approved travelers" in the Monroe County Code, and will be
summarized on the Monroe County Travel Form with all applicable receipts attached.
2. Other reimbursable expenses will include court filing fees and costs, witness fees
(including experts and consultants) and court reporter fees.
3. All other costs will be non - reimbursable, including but not limited to postage (including
overnight mail), photocopies, facsimiles, telephone charges, courier charges, and computerized
research.
RETAINER
A retainer will not be required.
BILLING
All bills shall be sent to the Client on a monthly basis. All bills shall be paid in accordance with
Florida Local Government Prompt Payment Act unless there are disputed charges. All billing
shall be done in .10 hour increments.
Each bill will include a total to date figure on individual cases. The bills will list the names of the
attorneys or paralegals working on the matter. Each entry will delineate who has done the work
via initials or some other method.
The Client will receive early and frequent evaluation of all cases. If the client is not likely to
prevail in the litigation, in the Firm's reasonable estimation, the Client will be advised in order to
minimize litigation costs, and settle the case.
ARTICLE 4 - STANDARD OF CARE
The Firm shall exercise the same degree of care, skill, and diligence in the performance of the
Services as is ordinarily provided by Attorneys under similar circumstances and the Firm shall,
at no additional cost to the Client, re- perform services which fail to satisfy the foregoing
standard of care.
ARTICLE 5 - COMPLIANCE WITH LAWS
In performance of the Services, the Firm will comply with applicable regulatory requirements
including federal, state, and local laws, rules regulations, orders, codes, criteria and standards.
ARTICLE 6 - INSURANCE
During the performance of the Services under this Agreement, the Firm shall maintain
Professional Liability Insurance, which shall be written by an insurance company authorized to
do business in Florida. This insurance shall provide coverage against such liability resulting
from this Contract. The minimum limits of coverage shall be $3,000,000 per claim and
$3,004,000 aggregate with a deductible of $25,000.
ARTICLE T — MODIFICATION and TERMINATION OF AGREEMENT
Any modification to this Agreement requires the express written consent of both parties.
Packet Pg. 2309
❑.2.
Client shall have the right to terminate this Agreement or suspend performance thereof without
cause for the Client's convenience upon written notice to the Firm, and the Firm shall have the
right to terminate or suspend performance of Services upon written notice to the Client and
upon terms consistent with the Rules Regulating the Florida Bar and the State and Federal
Rules of Civil Procedure.
ARTICLE 8 - UNCONTROLLABLE FORCES
Neither the Client nor the Firm shall be considered to be in default of this Agreement if delays in
or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the
exercise of reasonable diligence, the non - performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the non - performing party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions (unless such governmental action is the nonpayment of legal fees).
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which the non - performing party could
have, with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The non - performing party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 9 - DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida. The prevailing party in any proceeding to resolve a dispute under this Agreement shall
be entitled to recover reasonable expenses, including attorney's fees and costs.
ARTICLE 10 - NOTICE
Any notice required to be given under this Agreement shall be in writing and delivered by
certified mail, return receipt requested, to the other party as follows:
For Monroe County:
Monroe County Attorney's Office
1111 12 St. Suite 408
Key West, FL 33040
Tel.: (305) 292 -3470
Fax: (305) 292 -3516
ARTICLE 99 -ETHICS CLAUSE
For the Firm:
David L. Koche, Esq.
Barnett, Bolt, Kirkwood, Long & Koche, P.A.
601 Bayshore Boulevard, Suite 700
Tampa, FL 33506
Tel.: (8 13) 253 -2020 ext. 111
Fax: (8 13) 251 -6711
The Firm warrants that it has not employed, retained or otherwise had acts on its behalf any
former Monroe County Code officer or employee in violation of Section 2 of Ordinance 10 -1990
or any current County officer or employee in violation of Section 3 of Monroe County Ordinance
10 -1990. For breach or violation of this provision, the County may, at its discretion, terminate
this Agreement without liability and may also deduct from the amount owed the full amount of
any fee, commission, percentage, gift or consideration paid to the former or present County
officer or employee.
Packet Pg. 2310
ARTICLE 12 - GOVERNING LAW
This Agreement shall be governed and construed by and in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the Client and the Firm have executed this Agreement as of the day
and year first above written.
BARNETT, BOLT, KIRKWOOD, MONROE COUNTY BOARD OF COUNTY
LO KOCHE, P.A. COMMISSIONERS
gy: ` By:
Name:
David L. Koche
Name:
Danny L. Kolhage
Title:
Shareholder
Title:
Mayor
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ATTEST: AVY HF.Al IUK CLERK
By,
DEP111Y T.
MONROE COUNTY ATTORNEY
A OV D , ,AS O
NTH
IA L. MALI.
ASSIST COUNTY ATTORNEY
Date___ . 3' a k( I _
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BARNETT, BOLT, KIRKWOOD, LONG 6 KOCHE
LESLIE J BARNETT
CRAIG E BEHRENFELD
ROBERT BOLT
HUNTER) BROWNLEE
CHARLES CARLSON
CHRISTOPHER R DINGMAN
MATTHEW L EVANS
MICAH G FOGARTY
MICHAEL V. HARGETT
DAVID M HEMEYER
LESLIE WAGER HUDOCK
LEONARD H JOHNSON
PETER T KIRKWOOD
DAVID L KOCHE
VIA FEDERAL EXPRESS
Cynthia L. Hall, Esq.
Monroe County Attorney's Office
1111 12 Street, Suite 408
Key West, FL 33040
ATTORNEYS AT LAW
SUITE 700
601 BAYSHORE BOULEVARD
VALERIE STOKER HGI
TAMPA, FLORIDA 33606 -2756
G L
THOMAS G LONG
RACHEL ALBRIT - ON LUNSFORD
TELEPHONE
SH EADA MADANf
(813) 253 -2020
MICHAEL D MILLER
JENNIFER E MURPHY
TELECOPIER
STEVEN C PRATICO
(813) 251-6711
RICHARD W RADKE
STEVEN D SHAPIRO
SCOTT O ST'GALL
AMY E STOLL
WILLIAM R VINCENT
OF COUNSEL
April 12, 2017 JEFFREY P GREENBERG
Re: Professional Services Agreement (the "Agreement ") between
Monroe County and Barnett, Bolt, Kirkwood, Long & Koche
Dear Ms. Hall:
In accordance with Article 3 of the Agreement, please be advised that the current hourly
rates for the approved timekeepers are as follows (as increased since the March 26, 2015
engagement letter):
Name Hourly Rate
David L. Koche $450.00
Micah G. Fogarty $275.00
Christopher R. Dingman $250.00
In addition, the hourly fee in the range of $200.00 to $275.00 will be paid for the services of
any associates and the hourly rate of $165.00 will be paid for the services of any paralegal.
Please do not hesitate to call me if you have any questions.
Sincerely,
MGF /tls
cc: David L. Koche, Esq.
BARNETT, BOLT, KIRKWOOD, LONG & KOCHE
Micah G. Fogarty
#1024234