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1st Amendment 03/21/2018Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: March 26, 2018 TO: Kathy Peters, CP County Attorney's Office FROM: Pamela G. Hancock, D.C. SUBJECT: March 21" BOCC Meeting Attached are electronic copies of the following for your handling: R2 5 th Amendment to Agreement with Johnson, Anselmo, Murdock, Burke, Piper & Hochman, PA to increase partner billing rates. R3 1 st Amendment to Agreement with Barnett, Bolt, Kirkwood, Long & Koche to correct the hourly rate for one attorney. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305-294-4641 305-289-6027 305-852-7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-852-7145 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 -DeeembeF -Ja P01 UlI&Q_ mil, 315L$ 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 $250.00 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• w 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.Pq By: r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: Name: David L. Koche Title: Shareholder Name: p fz; C-c. Title: Mayor �7 p r 0� C= --4 r N S Q rn 0 0 o MONROE COUNTY ATTORNEY AP RO EQ �S T FFBOPIVI: YNTHIA L. HALL ASSIS ANT COU T TY T O NEY Date !I - - -- N BARNE -1 OP ID: SC ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 11/13/2017 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 have ADDITIONAL INSURED provisions or 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 813 - 251 -2580 Shea Barclay (Tampa) Mike Shea Co CT Aaron Kane PHONE 813- 251 -2580 FAX 813 - 251 -2585 (AIC, No, Ext ): (A /C, No): E -MAIL ADDRESS: 501 E. Kennedy Blvd #1000 Tampa, FL 33602 COMMERCIAL GENERAL LIABILITY Jack Compton INSURERS AFFORDING COVERAGE NAIC # INSURER A: Argonaut Insurance Co. EACH OCCURRENCE $ INSURED Barnett Bolt Kirkwood Long & Koche, P.A. 601 Bayshore Blvd., Suite 700 INSURER B: INSURER C: Tampa, FL 33606 INSURER D : $ INSURER E: MED EXP (Any one person) $ 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. INSR LTR TYPE OF INSURANCE DDL INSD UBR WVD POLICY NUMBER POLICY DD EFF MM POLICY EXP MM DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE F OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ wof F-1 LOC PRODUCTS - COMP /OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED NON- pyyNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ H CLAIMS,MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE I I ER ANY OFFICERIMEMBER EXCLUDE PROPRIETOR/PARTNER ❑ (Mandatory In NH) NIA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Prof. Liab. LPL409096 -2 06108/2017 06/08/2018 Per Claim 3,000,000 Deductible $25,000 PER CLAIM Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 161, Additional Remarks Schedule, may be attached if more space is required) PR E *'S twNT D E WAN ! CERTIFICATE HOLDER CANCELLATION MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. of County Commissioners AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD