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Item Q4C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting August 15, 2018 Agenda Item Number: Q.4 Agenda Item Summary #4477 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292 -3470 No AGENDA ITEM WORDING: Approval of Third Amendment to Agreement for Provision of Legal Services with George A. Helm, III P.A. (outside counsel for workers' compensation cases), to add attorney Philip R. Augustine as an approved timekeeper. ITEM BACKGROUND: On February 20, 2013, the County entered into an agreement for legal services with George Helm, III, P.A., outside counsel for workers' compensation cases. Paragraph 5 of the agreement lists approved timekeepers. Therefore, from time to time, it is necessary to revise the list of timekeepers. Through this amendment, the parties add the name of Philip R. Augustine, an attorney and new partner with Mr. Helm's firm, as an approved timekeeper. PREVIOUS RELEVANT BOCC ACTION: Approval of 2013 agreement, also amendments 1 and 2 to revise the list of approved timekeepers. CONTRACT /AGREEMENT CHANGES: Addition of timekeeper Philip Augustine STAFF RECOMMENDATION: Approval. DOCUMENTATION: STAMPED EXECUTED G Helm Third Amendment signed George Helm Agreement 022013 George Helm 1 st Amendment 112013 2nd Amendment 09212016 FINANCIAL IMPACT: Effective Date of amendment: August 15, 2018 Expiration Date: None Total Dollar Value of Contract: As needed. Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: No fiscal impact for the amendment REVIEWED BY: Cynthia Hall Bob Shillinger Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed 07/13/2018 4:51 PM Completed 07/24/2018 10:33 AM Completed 07/24/2018 10:41 AM Completed 07/24/2018 10:42 AM Completed 07/24/2018 11:08 AM Pending 08/15/2018 9:00 AM THIRD AMENDMENT TO AGREEMENT FOR PROVISION OF LEGAL SERVICES DATED FEBRUARY 20, 2013 BETWEEN MONROE COUNTY AND GEORGE A. HELM, III, P.A. This Third Amendment ( "Third Amendment ") to the Agreement for Provision of Legal Services dated February 20, 2013 ( "Agreement ") is made and entered into as of August , 2018, by and between the Board of County Commissioners of Monroe County, Florida (hereinafter called the "County "), and George A. Helm, III, P.A. ( "Attorney ") (hereinafter collectively, "the Parties "). WITNESSETH WHEREAS, paragraph 5 of the Agreement lists the attorneys and other professionals who are approved to work on County matters; and WHEREAS, it is necessary to amend the Agreement from time to time in order to revise the list of approved timekeepers and their rates; and WHEREAS, the Parties now desire to amend the Agreement in order to add the name of attorney Philip R. Augustine as an approved timekeeper. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the Agreement as follows: 1. Paragraph 5 of the Agreement, entitled Hourly rates and timekeepers is hereby amended to add the name of Philip R. Augustine as an Attorney, at the rate of $130.00 per hour. 2. Except as noted above, the balance of terms and conditions of the Agreement remain in full force and effect. 3. This Amendment will be retroactive to July 13, 2018. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and years written below. Attest: Kevin Madok, Clerk 01 Deputy Clerk Witness: CA �ILLL.94 VIILLA Print Name Board of County Commissioners Of Monroe County, Florida M David Rice, Mayor Date: For the Attorney, George A. Helm, 111, P.A. Print Name & - 13-IS' Date 0 WHEREAS, the County wishes to enter into this agreement with the Attorney so that the Attorney will act as private legal counsel to the County; NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties agree as follows: Client: The Client is the County, and to the extent ethically permissible, its elected and appointed officers and its employees, unless County advises Attorney otherwise. In the event that the Attorney cannot ethically represented individuals in addition to County, Attorney shall so advise the County of that fact immediately. 2, Attorney: Attorney is the person or firm named above. The Attorney may not delegate or outsource this work without the prior written consent of the County. 3. Term: This Agreement is effective upon execution by the parties. The representation shall continue until terminated either by the Attorney or by the County. The County's performance and obligation to pay under this agreement is contingent upon annual appropriations by the Monroe County Board of County Commissioners. 4. Scope of Work: Attorney shall provide legal services and advice to the County regarding workers' compensation clams, investigation, research and litigation as assigned to the Attorney by County. Attorney will be assigned new claims by the Sr, Administrator of the Benefits Department of the County from time to time, a. Professional ability to perform work: Attorney warrants that he or she is authorized by law to render services for the scope of work set forth in this paragraph. The Attorney further warrants that all of the approved timekeepers listed below are authorized by the Rules of the Florida Bar to engage in delivery of legal services described herein, If Attorney is a member of a law firm, as partner, shareholder, associate or other relationship, Attorney warrants that he or she is authorized to enter into this agreement by Attorney's firm. b. The Attorney is responsible for managing the matter cost-effectively and competently, e.g., by ensuring that the authorized timekeepers are competent, properly supervised, efficient, and in compliance with the terms of this Agreement as well as ethical obligations. 5. Hourly rates . and timekeepers: Hourly rates for attorneys and additional timekeepers will be set as follows: Attorneys Billing Rate George A. Helm, 111 $130 Brian B. Bolton $130 George W. Boring, 111 $130 John P. Brooks $130 Paralegals Billing Rate Gail Kamm $75 Tracy Marshall $75 Mitzi Protasevich $75 Janet Wade $75 Sydney Wheeler $75 Brooke Shegda $75 Laura Smith $75 rol Special Conditions Regarding Representation: a. Attorney has been retained by County to provide the scope of services described in Section 4 above. Attorney represents that he or she is competent and available to handle that matter. In the event that additional matters are assigned by County to Attorney, this agreement shall apply to those matters as well, unless a separate Agreement is required by the County. b. Review of ethical obligations before initiating representation: Attorney has conducted a thorough investigation and determined that neither Attorney nor his or her firm has any ethical impediment, real or potential, to representing County. If any ethical impediment, real or potential, is discovered or ever arises, Attorney shall immediately inform County in writing of the impediment (regardless of whether Attorney believes be or she has taken all steps necessary to avoid the impediment and regardless of whether Attorney believes that the impediment is insubstantial or questionable), make full disclosure of the situation to County, obtain County's express, written consent to continue the representation of the other client, and take all steps requested by County to avoid or mitigate the impediment. Attorney understands that if a direct or indirect conflict of interest arises which, in the opinion of the County, cannot be avoided or mitigated under the Rules of Professional Conduct of The Florida Bar, County may, in its discretion, (a) obtain reimbursement from Attorney for all fees and expenses paid to Attorney in this matter; (b) obtain cancellation of all amounts allegedly owed by County to Attorney; and (c) obtain reimbursement for consequential expenses incurred by County, including the cost of replacement counsel. 7. Payment: Payment will be made upon receipt of a proper invoice with documentation of services rendered, pursuant to the Florida Local Government Prompt Payment Act. a. Fees: Attorney shall provide a general description of the matter; clearly identify each person performing services, record the time expended by each person separately; state the amount of time expended by each person daily (and, within each day, broken down by task where more than one project or task was worked upon within the same day); describe within each itemized daily task entry, in sufficient detail to readily allow the County to determine the necessity for and reasonableness of the time expended, the services performed, the project or task each service relates to, the subject and purpose of each service, and the names of others who were present or communicated with in the course of performing the service. Billing shall occur in increments of 0.1 hours. b. Travel expenses will be reimbursed in accordance with the applicable provisions for "approved travelers" of the Monroe County Code, and will be summarized on the Monroe County Travel Form with all applicable receipts attached thereto. Travel shall be billed from the firm's office closest to the hearing or deposition. Reimbursable expenses: Court filing fees and costs, witness fees (including experts and consultants), and court reporter fees. d, Non-reimbursable expenses: All other costs will be non-reimburseable, including but not limited to postage, photocopying, facsimile, telephone charges, courier charges, computerized research, facsimile charges. & Termination: The agreement can be terminated by either party with or without cause with 90 days prior written notice, 9. Records: Attorney shall maintain all books, records, and documents directly pertinent to performance under this Agreement, for a period of three (3) years after termination of representation. County shall have access to such books, records and documents for the purpose of inspection or audit during normal business hours, at the County's cost, upon five (5) days' written notice. Attorney shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the County, or their agents and representatives. 10, Modification: Additions to, modifications to or deletions from the provisions set forth in this agreement shall be effective only in writing and approved by County. 11. Indemnification and Hold Harmless: The Attorney agrees to indemnify and hold Monroe County harmless for any and all claims, liability, losses and causes of action which may arise out of its fulfillment of the Agreement. Attorney agrees to pay all claims and losses, including related court costs and reasonable attorneys' fees, and shall defend all suits filed due to the negligent acts, errors or omissions of the Attorney employees and/or agents. 12, Insurance. Throughout the term of this engagement, Attorney shall maintain Professional Liability Insurance in the minimum amount of $1 .0 million per occurrence, Prior to the effective date of this Agreement Attorney shall provide to the County certificates of insurance. 13. Taxes: Mon-roe County is exempt from federal excise and state sales and use taxes. 14, Independent, Contractor: It is the intent of the parties hereto that the Attorney shall be legally considered as an independent contractor and that neither it nor its employees or agents shall, under any circumstance, be considered servants or agents of the County and County shall at no time be legally responsible for any negligence on the part of said successful responder, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 15. Disclosure: The Attorney shall be required to list any or all potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance, The Attorney shall disclose all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may conflict with the interests of the County, 16. Assignment; the Attorney shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. IT Force,Majeurea The Attorney shall not be liable for delay in perfori or failure to perform, in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought, or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the Attorney has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of this agreement. I& Governing Law/Venue: This agreement shall be governed and construed by and in accordance with the laws of the State of Florida and constitutes the entire agreement between the County and Attorney. Venue of any court action filed relative to this agreement shall lie in Monroe County, Florida. 19. Antisolicitation: The Attorney warrants that no person has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the Monroe County government or the County has any interest, financially or otherwise in the Attorney or its subcontractors. 20e Severability: If any provision of the agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of the agreement shall be valid and enforceable to the ftillest extent permitted by law. 21. Notice: Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as follows- For Monroe County: For Attorne Monroe County Attorney's Office (2 -� Ti�. i 1 I I 11 12 ' " St., Suite 408 S, i7co Key West, FL 33040 V5 cz- i Arc Vii- 21 Ethics Clause: The Attorney warrants that it has not employed, retained or otherwise had act on its behalf, any former Monroe County officer or employee in violation of Section 2 or Ordinance No. 1(1 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10 -1990. For breach or violation of the provision, the County may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 23. Public Entity Crime- Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a responselbid on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses/bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list, 24, General, Requirements: a) Ownership of Attorney files and work product: Attorney understands that all files and work product prepared by Attorney or his or her firrn at the expense of County (or for which County is otherwise billed) are the property of County. Without County's prior written approval, this work product may not be used by Attorney or his or her firm nor disclosed by Attorney or his or her firm to others, except in the normal course of Attorney's representation of County in this matter. Attorney agrees that County owns all rights, including copyrights, to materials 6 prepared by County or by Attorney on behalf of County. Attorney shall notify County in writing at least 60 days in advance of destroying any such records and, in the event that County requests that they be preserved, shall preserve them at least one additional year (with County responsible for paying the actual cost of storage). Attorney shall provide County with prompt access to (including the ability to make copies of) all attorney files and work product, regardless of whether the representation or matter is ongoing and whether attorney fees and expenses have been paid in full. b) Dispute resolution Attorney and County agree that all disputes regarding Attorney's fees or expenses are to be resolved pursuant to the procedures and practices for mediation by the Attorney Consumer Assistance Program of the Florida Bar. c) Entire Agreement. The entire agreement between the County and Attorney with respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and written proposals and communications between the County and Attorney related to this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by the party against whom the waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. d) Captions. The captions set forth herein are for convenience of reference only and shall not define, modify, or limit any of the terms hereof. c) Conflicts in interpretation. The County and Attorney agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between them, the final interpretation by the County shall apply. 0 Adjudication of Disputes and Disagreements. The County and Attorney agree that all disputes and disagreements between them shall be attempted to be resolved by a meet and confer session between representatives of the County and Attorney. If the issue or issues are still not resolved to the satisfaction of both within 30 days after the meet and confer session, then either shall have the right to seek such relief as may be provided by this Agreement or by Florida law. g) Cooperation. In the event any administrative or legal proceeding is instituted against either the County or Attorney relating to the formation, execution, performance, or breach of this Agreement, the County and Attorney each agree to participate, to the extent required by the other, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement. The County and Attorney each agree that neither shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. h) Legal Obligations and Responsibilities; Non-delegation of Constitutional or Statutory Duties. This Agreement is not intended to relieve, nor shall it be construed as relieving, either the County or Attorney from any obligation or responsibility imposed upon each by law except to the extent of actual and timely performance thereof by the other, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further this Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation of 6 the constitutional or statutory duties of the County, except to the extent permitted by the Florida Constitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida Statutes. i) Attorney's Fees and Costs. In the event any administrative proceeding or cause of action is initiated or defended by the County or Attorney relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings, Mediation proceedings initiated and conducted pursuant to this Agreement or as may be required by a court of competent jurisdiction shall be conducted in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County, j) Non-Discrimination. Attorney shall not discriminate, in its employment practices and in providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall abide by all federal and state laws regarding non-discrimination. Upon a determination by a court of competent jurisdiction that such discrimination has occurred, this Agreement automatically terminates without any further action by the County, effective the date of the court order. Attorney is aware of the provisions of Section 13-101 through 13-106, Monroe County Code, relating to non - discrimination, and agrees to abide by the Code's nondiscrimination requirements. k) Claims for State or Federal Aid. The County and Attorney agree that each shall be, and is empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations by Attorney shall be approved by the County prior to submission. 1) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Attorney agree that neither the County nor Attorney or any officer, agent, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated under this Agreement. m) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and the County and Attorney may execute this Agreement by signing any such counterpart. 7 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written, Attest: �. ot— Witness s k (Print Narne:) — eoo�Q (SEAL) Attest: AMY L. HEAVILIN, Clerk LIZ mrfj� 9 .. �Iaz M a W UZ m, III BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20, 2013 Division: Employee Services Bulk Item: Yes X No _ Department: Employee Benefits Staff Contact Person/Phone #: Maria Fernandez - Gonzalez, Ext. 4448 AGENDA ITEM WORDING: Approval of First Amendment of the Legal Services Agreement with George Helm, III, P. A. to provide legal services and representation in the area of workers' compensation claims for Monroe County. ITEM BACKGROUND: Amending section 5 of current agreement in order to update approved timekeepers. PREVIOUS RELEVANT BOCC ACTION: Original agreement entered into on July 19, 2006. First amendment approved by BOCC March 19, 2008; Second amendment approved by BOCC July 20, 2011; Third Amendment approved by BOCC August 15, 2012. RFP done for Workers' Compensation legal services and George Helm, III, P.A. was one of the selected firms and we entered into an agreement for the provision of legal services effective February 20, 2013. CONTRACT /AGREEMENT CHANGES: Updating of timekeepers only. STAFF RECOMMENDATIONS: Approval approx TOTAL COST: $30,000 �_ INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: approx Internal Service Fund COST TO COUNTY: $30,000 , }r SOURCE OF FUND: Primarily Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purc asing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # G33 Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY - - Contract # Contract with: George Helm, III, P.A. Effective Date: November 20, 2013 Expiration Date: Contract Purpose/Description: of First Amendment of the contract with outside counsel, George Helm III P.A., for handling of Workers' Compensation cases and other related matters. This will be an ongoing contract that will be billed hourly. Contract Manager: Maria Fernandez - Gonzalez (Name) for BOCC meeting on 4448 Employee Services (Ext.) (Department) Deadline: CONTRACT REVIEW Changes Date Out Dat Needed v viewed Division Director Yes[] No14 FIRST AMENDMENT To AGREEMENT DATED FEBRUARY 20, 24113 BETwEEN NIONROE, COUNTY AND GEORGE A. HELM, III, P.A. FOR THE PROVISION OF LEGAL SERVICES On this the 20 day of November, 2013, A.D., the Board of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01 . Florida Statutes ("County") and George A. Heim, 111, P.A. ("Attorney"). hereby entered into this First Amendment to their agreement dated February 20, 2013. W ITN ESSE'ri-i WHEREAS, the Agreement between the parties specifies the names of authorized timekeepers; and WHEREAS, it is necessary to amend the Agreement from time to time in order to revise the list of approved timekeepers and their rates; and WHEREAS, the parties now desire to arriend the Agreement in order to add the names of attorneys, Brian T. Hanley and William 1-1. Lore and delete the names of attorney, John P. Brooks and paralegal, Laura Smith. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the February 20, 20131 Agreement as follows: Paragraph 5 of the Agreement, entitled Hourly Rates and "I'irnekeepers, is replaced iu its entirety as follows; Hourly rates for ATTORNEY and additional Timekeepers will be set at: Approved Time Keepers Attorneys Billing Rate George Helm, Esq. $lX00 George Boring, Esq, $1 Brian Bolton, Esq $1- Briall T. Hanley $l X00 William 14. lore $130.00 Paralegals Billing Rate Gail Karnm $75.00 Mitzi Protasevich $ 75.00 Tracy Marshall $ 75.00 Laura Smith $ 75.00 RECEIVED Sydney Wheeler $ 75.00 Brooke Shegda $ 75,00 INOV 13 2013 Janet Wade $ 75.00 BENFFITI, ATTORNEY will charge no nlore than the hourly billing rate quoted above throughout the duration of the specific natter referenced, unless otherwise agreed to in writing and approved by the COUNTY in the same manner as in this First Amendment to original agreement. 2. Except as noted above, the balance of terms mid conditions of the Agreen - rent rernain in full force and effect. 3. This amendment shall be retroactive to the I" day of August 2013. Witness: Board of County Commissioners Of Monroe County, Florida By:_ �4� .0' ��� George 'c u ent,. late; For the Attorney, LZ :L Wd U J30 E16Z j 2 1 SECOND AMENDMENT TO AGREEMENT DATED FEBRUARY 20, 2013 BETWEEN MONROE COUNTY AND GEORGE A. HELM, III, P.A. On this the day of September 2016, the Board of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ( "County ") and George A. Helm, I11, P.A. ( "Attorney "), hereby enter into this Second Amendment to their agreement dated February 20, 2013 ( "Agreement "), as previously amended on November 20, 2013. WITNESSETH WHEREAS, paragraph 5 of the Agreement between the parties specifies the names of authorized timekeepers; and WHEREAS, it is necessary to amend the Agreement from time to time in order to revise the list of approved timekeepers and their rates; and WHEREAS, the parties now desire to amend the Agreement in order to delete the names of William H. Lore and Laura Smith and add the names of paralegals Jordan Kuveke and Shirley Lynch as approved timekeepers. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the Agreement as follows: 1. Paragraph 5 of the Agreement, entitled Hourly Rates and timekeepers is hereby amended to delete the names of William H. Lore, attorney, and Laura Smith, paralegal. 2. Paragraph 5 of the Agreement, entitled Hourly Rates and Timekeepers is hereby amended to add the names of Jordan Kuveke and Shirley Lynch, paralegals, as approved timekeepers, each of whom shall bill at the hourly rate of $75.00. 3. Except as noted above, the balance of terms and conditions of the Agreement as previously amended on November 20, 2013 remain in full force and effect. 4. This Second Amendment shall be retroactive to the 1 St day of June 2016. [The remainder of this page intentionally left blank.] . IN WITNESS WHEREOF, the County and Attorney have executed this Second Amendment as of the day and year first above written. Board of County Commissioners Of Monroe County, Florida By: C- -&rretkers, Mayor 'eorQe NQU p In t, 04 Date: p 122 jl (, For the Attorney, George A,,Helm, III, P.A. Witness: i a u Print Name r r N Helm, III, Esq., Owner I6 Date MONROE COUNTY ATTORNEY A ROV AS 0 R N YNTHIA L. HALL ASSIST NT COUNTY ATTORNEY Date__._.__A.I._- ..�_(�_ 2