Loading...
Item D8 D.8 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting October 16, 2019 Agenda Item Number: D.8 Agenda Item Summary #6102 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 No AGENDA ITEM WORDING: Discussion and Direction on whether the County should proceed with an arbitration before the Civilian Board of Contract Appeals (CBCA) of FEMA's denial of reimbursement for expenses associated with the base camp during Hurricane Irma. ITEM BACKGROUND: To date, the County has not received a decision of its first appeal of FEMA's denial of the County's request for reimbursement for $6 million plus dollars in expenditures related to a base camp utilized in the immediate aftermath of Hurricane Irma. Section 1219 of the Disaster Recovery Reform Act of 2018 (DRRA) amended Section 423 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to provide a right of arbitration for FEMA disputes related to disaster declared January 1, 2016 and forward, and so including Hurricane Irma. These "Section 423 Arbitrations" are conducted by the Civilian Board of Contract Appeals (CBCA) and can be requested if a first level appeal decision is not received within 180 days of submission of the first appeal or within 60 after receipt of the first appeal decision. Absent an adverse decision by FEMA between the agenda deadline and the BOCC meeting, October 161'would be the first day the County would be eligible to seek arbitration. The County sought its First Appeal to Federal Emergency Management Agency's (FEMA) denial of reimbursement for $6,470,410.00 for base camp expenditures during the aftermath of Hurricane Irma with the Florida Division of Emergency Management (FDEM) on February 15, 2019. The appeal was supplemented on April 15, 2019 and then forwarded by FDEM to FEMA the same day. In accordance with 44 CFR § 206.206, the Regional Administrator (RA) of Region IV then has 90 days to tender a first appeal decision or request additional information from the applicant/County. The County did not receive a decision on the First Appeal on July 15, 2019 nor has it received such a decision to date from FEMA's Region 4 Administrator. The County qualifies to utilize Section 423 Arbitration because: 1) Hurricane Irma was a disaster declared after January 1, 2016; 2) the disputed amount exceeds $500,000.00; and 3) the County (& FDEM) filed a timely first level appeal. Packet Pg. 1465 D.8 WHEN ARBITRATION MAY BE UTILIZED: Arbitration may be utilized when 1) an applicant seeks to challenge a FEMA first level appeal determination in which case the arbitration request must be filed within 60 days of receipt of FEMA's first appeal decision OR 2)if an applicant has not received a first appeal decision within 180 days of submission of the appeal to FEMA (which would be October 15, 2019). A SECOND APPEAL MAY BE PURSUED INSTEAD OF ARBITRATION: The County also has the option of waiting for FEMA's regional office to issue its decision in the County's First Appeal and, if that decision is adverse, pursuing a Second Appeal to FEMA Headquarters in Washington. The second appeal must be pursued within 60 days of receipt of the adverse decision from the Regional Administrator. FDEM would then have an additional 60 days to forward the appeal to FEMA. FEMA would then have 90 days to issue a decision (but is notoriously late). FEMA Headquarters has been increasingly deferential to decisions issued by its Regional Administrator. A Second Appeal would be a less costly, more passive approach than arbitration. ARBITRATION STANDARD OF REVIEW AND PROCESS: Arbitration is conducted under de novo standard of review, which means that the assigned CBCA panel will review the record and law but would not yield to or give deference to the determination or factual assessments made by FEMA. The arbitration process is intended to be a speedy method of impartial dispute resolution. (See attached CBCA Final Rules: 48 CFR §6106.603-Purpose). All parties are held to strict response time limits by the panel. There is no discovery; motions practice is strictly limited. The process is begun by filing of a request for arbitration which can include the original appeal submission but also any additional information the County deems beneficial. This is filed simultaneously with the CBCA, the state (FDEM), and FEMA. The state/FDEM may provide a supportive response and we expect that they would. FEMA must file a response within 30 days of receipt of a docketing notice from the CBCA (usually the same or next business day after filing). CBCA PANEL AND SCHEDULE: The CBCA assign three judges to serve as the panel of arbitrators for each request (See 48 CFR §6106.606- Arbitrators; panels). The judges of the CBCA are listed at and include individuals with various back- grounds, but all are lawyers. The panel will hold an initial telephonic scheduling conference with all parties, normally within 14 calendar days after the Clerk dockets an arbitration request. This conference will address if the hearing will be live or based upon the written record or a combination of both. The panel will begin a hearing within 60 calendar days after the initial conference. If a live hearing is held, it can be held in Washington D.C. or Monroe County. The entire panel would attend live hearing in D.0 and a single panel member would conduct a live hearing if the hearing is held elsewhere. (48 CFR § 6106.611); the other two would read the record including a transcript of the hearing. ARBITRATION COSTS: The costs for arbitration are not reimbursable by FEMA. The County entered into an agreement with BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC to handle the base camp appeal. Given the specialized nature of this practice area, the County Attorney recommends that the County's legal needs would be best served by utilizing this firm as outside counsel for the arbitration. It is anticipated that utilizing the arbitration Packet Pg. 1466 D.8 process would cost between $40,000 and $100,000, depending on whether a live hearing is requested or not. ARBITRATION DECISION AND ESTIMATED TIMELINE: The panel will advise the parties when the arbitration is closed and will resolve the dispute within 60 calendar days thereafter. The panel can request an extension of that time frame. The panel's decision is issued in writing or orally with transcript. If the County proceeds with arbitration, a decision should be received by late Spring or early Summer, which would bring finality to this matter and allow for the Board to budget accordingly. Below is an estimated timeframe prepared by Baker, Donelson that contains certain assumptions. Absent delays, the arbitration process can conclude in 6 months. • Request for Arbitration - This must be a complete package with all referenced documents attached. The goal is to provide a strong persuasive package with everything neatly attached to explain to the assigned Panel why it should grant our request for funds. filed November], 2019. • Docketing Notice - Clerk immediately dockets and sends a notice confirming receipt and assigning a three judge panel. • Initial Conference - As soon as practicable, ordinarily within 14 calendar days of docketing. November 15, 2019. • Conference Summary - Issued promptly by panel. Parties have 5 calendar days to send any objections. November 20, 2019. • FEMA Response- Must be filed by FEMA within 30 days after docketing. December 1, 2019. • Optional Hearing - If a live hearing is to be held, it will begin within 60 days of initial conference unless chair of the panel extends. Possible Hearing January 15, 2019. o Decision Post-Hearing- Panel will resolve the arbitration and issue a written decision within 60 days of closing the record unless the panel chair extends the timeframe. o Assuming possible closing briefs due February 15, 2019 and the record then closed, a decision could be expected around April 15, 2019. • If No Hearing Held -We would request an opportunity to file a reply to FEMA's Response. We would ask for 30 days or a deadline of January 1, 2019. FEMA would likely ask to file a sur-reply. The record would close around mid-February with a decision expected mid April. PREVIOUS RELEVANT BOCC ACTION: The Board approved our Agreement with BAKER DONELSON to assist Monroe County in the administrative appeal of FEMA's denial of eligibility of the Base Camp expenditures on 3/21/19. CONTRACT/AGREEMENT CHANGES: N/A Packet Pg. 1467 D.8 STAFF RECOMMENDATION: The County Attorney recommends withdrawing the first appeal and pursuing arbitration now in order to timely resolve this issue prior to the FY2021 budget hearings. The County Attorney further recommends that the Board authorize counsel to request that the CBCA hold its arbitration here in Monroe County so that the panel can fully assess the geographical and logistical issues associated with the base camp. DOCUMENTATION: Fact Sheet_Section 1219 _Public Assistance Right of Arbitration FACT Sheet from CBCA on Arbitration of PA Eligibility CBCA Final Rule re Arbitration 2019-13081 Baker Donaldson 03/21/2019 Agreement Ernest Abbott_Baker Donelson Professional Biography Wendy Huff Ellard_Baker Donelson Professional Biography Danielle M. Aymond_Baker Donelson Professional Biography FINANCIAL IMPACT: Effective Date: The Agreement with Baker Donelson (attached) was approved 3/21/19 Expiration Date: N/A Total Dollar Value of Contract: Based upon rates set forth in the Agreement. Total Cost to County: It is anticipated that outside counsel cost based upon rates set forth in the Agreement would range from $40,000.00 for arbitration and up to $100,000.00 if a live arbitration hearing is held. Current Year Portion: Estimated at $40,000.00-$100,000.00 Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Additional Details: 10/16/19 001-67501 - COUNTY ATTORNEY GENERAL $50,000.00 FEMA appeal REVIEWED BY: Bob Shillinger Completed 09/22/2019 4:41 PM Christine Limbert Completed 09/26/2019 11:19 AM Packet Pg. 1468 D.8 Budget and Finance Completed 09/26/2019 11:23 AM Maria Slavik Completed 09/26/2019 11:33 AM Kathy Peters Completed 09/26/2019 11:42 AM Board of County Commissioners Pending 10/16/2019 9:00 AM Packet Pg. 1469 D.8.a Wn.R— C3 This Fact Sheet explains how certain applicants for FEMA Public Assistance may request arbitration with the Civilian Board of Contract Appeals (CBCA). Background Section 1219 of the Disaster Recovery Reform Act of 2018 (DRRA) amended Section 423 of the Robert T. 2 Stafford Disaster Relief and Emergency Assistance Act(Stafford Act) to provide a right of arbitration for applicants who dispute a FEMA determination on their Public Assistance application, including eligibility for rz assistance or repayment of assistance. FEMA refers to this arbitration as "Section 423 arbitration." 0 Eligibility for Section 423 Arbitration To be eligible for Section 423 arbitration, a Public Assistance applicant's request must meet all three of the r_ following conditions: 2 U) (1) The dispute arises from a disaster declared after January 1, 2016; U) (2) The disputed amount exceeds $500,000 (or $100,000 if the applicant is in a"rural area," defined as having a population of less than 200,000 living outside an urbanized area); and 6 (3) The applicant filed a first level appeal with FEMA pursuant to the time requirements established in 44 C.F.R. r- § 206.206. 2 The following applicants are not eligible for Section 423 arbitration: (1) Applicants who received a second level appeal determination from FEMA prior to October 5, 2018. In such cases, the second level appeal decision is the final agency determination under Section 423; (2) Applicants who were eligible to file a second level appeal prior to October 5, 2018, but did not do so within the 60 days (as required by 44 C.F.R. § 206.206). In such cases, the second level appeal decision is the final agency determination under Section 423; or (3) Applicants who filed a second level appeal in lieu of requesting arbitration (pursuant to 44 C.F.R. § 206.206). Time Limits for Filing a Second Appeal or a Request for Section 423 Arbitration .2 Public Assistance applicants who seek to challenge a FEMA first level appeal decision have two options, but also a deadline. i Applicants must file an appeal or request for Section 423 arbitration within 60 days after receipt of the first appeal decision. If the applicant takes neither action, then the first level appeal decision becomes the final agency 2 determination. At that point, the applicant no longer has a right to appeal or arbitrate. co i co FF L4's Mission: "Helping people before, during, and after disasters." Packet Pg. 1470 D.8.a If an applicant does not receive a first level appeal decision within 180 days of submission, they may withdraw E the first level appeal and request Section 423 arbitration. In this circumstance, the applicant may file the request for Section 423 arbitration at any time after 180 days of filing a first level appeal. M Arbitration Request and Process Public Assistance applicants considering arbitration should see the CBCA's Interim Fact Sheet on how to request arbitration lit s-// blea.g���/O Per the CBCA fact sheet, "applicants may request arbitration by following the FEMA regulation at 44 C.F.R. § fact beet notes thatlaln applicants `need not have counsel o blrestent expert ert witness testimony, c� c�}�tc���c1�ca ���v The O g q ( ) pp p p imony, and may, but need not, supplement the record of the first FEMA appeal." FEMA's regulations on appeals, found at 44 C.F.R. § 206.206, are still in effect and provide the required process r- for filing first and second level appeals. 0 On March 5, 2019, the CBCA published in the Federal Register the proposed rules of procedure to implement r_ Section 423 arbitration (found at lz 2 Public comments will be accepted until May 6, 2019. FEMA also intends to initiate rulemaking to implement Section 423 arbitration and revise 44 C.F.R. § 206.206. Current regulations only provide regulatory guidance on a first and second level appeal process, but not arbitration. Until FEMA finalizes such regulations, the Agency will rely on procedures indicated in this Fact 2 Sheet and the CBCA's Interim Fact Sheet. Notification of Right to Arbitrate When FEMA issues a first level appeal denial or partial grant for a dispute arising from a declaration since 2M January 1, 2016, the Agency will provide specific information on how applicants may further request either a second level appeal or arbitration. Costs U, FEMA will pay the fees associated with the arbitration panel, the costs of any expert retained by the panel, and < the arbitration facility costs, if any. The expenses for each party, including attorney's fees, representative fees, .2 copying costs, costs associated with attending any hearing, or any other fees not listed in this paragraph will be paid by the party incurring such costs. cm i Questions Questions concerning Public Assistance, including appeals and arbitration, should be directed to the Public 2 Assistance Branch Chief in the applicable FEMA Regional Office. co i 444 co FFMA's Mission: "Helping people before, during, and after disasters." U. Last update: March 2019 2 Packet Pg. 1471 D.8.b 4l4 CoN UNITE D STATES 4° Civn:iAN BOARD OF CONTRACT APPEALS U) M INTERIM FACT SHEET ON ARBITRATION OF PUBLIC ASSISTANCE ELIGIBILITY OR REPAYMENT UNDER 42 U.S.C. § 5189a(d) As of October 2018, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. § 5189a(d), authorizes the Board to arbitrate certain disputes 2 between the Federal Emergency Management Agency(FEMA) and applicants for Stafford 2 Act public assistance disaster grants. The Board can decide eligibility for public assistance (or a duty to repay past assistance) in binding arbitration if: • the disaster occurred after January 1, 2016; 0 • either the applicant has completed a first appeal within FEMA and FEMA's decision 2 is not yet final, or the first appeal has been pending for at least 180 days; and U) • the disputed amount is at least $100,000 for applicants in rural areas (as defined by FEMA) or exceeds $500,000 for other applicants. The Board has published proposed arbitration rules in the Federal Register, at 84 Fed. Reg. 7861 (March 5, 2019). Pending issuance of final rules, applicants may request arbitration w by following the FEMA regulation at 44 CFR 206.209(e) and emailing the request to the CL Board (the "arbitration administrator") at cbca.efile@cbca.gov. See Board Rule 1(b) for 0 further efiling instructions. The Clerk of the Board will issue a docketing notice. 2 The Board has conducted arbitration since 2009 regarding FEMA public assistance grants for Hurricanes Katrina, Rita, and Gustay. As in those arbitrations, an arbitration panel convened under the amended Stafford Act will usually schedule a hearing within sixty days after an initial conference and issue a written decision within sixty days after a hearing. M E Applicants (or grantees other than applicants) need not have counsel or present expert witness testimony, and may,but need not, supplement the record of the first FEMA appeal. All party representatives should file notices of appearance complying with Board Rule 5. co c� An arbitration decision is final and binding on all parties. For further information, contact James A. Johnson, CBCA Co-Chief Counsel, at (202) 606-8787 or jamesa.*ohnson@cbca.gov. Packet Pg. 1472 Federal Register/Vol. 84, No. 120/Friday, June 21, 2019/Rules and Regulations 29085 by a system of records,FCC/WTB-1, PART 90—PRIVATE LAND MOBILE appointed by the Administrator of "Wireless Services Licensing Records," RADIO SERVICES General Services under 41 U.S.C. and these and all other records may be 7105(b)(2). The FAA Reauthorization disclosed pursuant to the Routine Uses ■ 1.The authority citation for part 90 Act of 2018,Public Law 115-254, as stated in this system of records continues to read as follows. amended the Robert T. Stafford Disaster notice. Authority:47 U.S.C. 154(i),161,303(g), Relief and Emergency Assistance Act Privacy Act:No impact(s). 303(r),332(c)(7), 1401-1473. (Stafford Act),42 U.S.C. 5189a(d),to authorize the Board to arbitrate certain Needs and Uses:On October 22, 2018, §90.175 [Amended] disputes between FEMA and applicants 0. the Commission released a Report and ■ 2.Amend§90.175 by removing for public assistance disaster grants. Order and Order in WP Docket No. 15- paragraph(k). The Board published in the Federal 0 32,RM-11572,WP Docket No. 16-261, Register at 84 FR 7861,March 5, 2019, 4) RM-11719 and RM-11722WP Docket §90.621 [Amended] proposed rules of procedure for such No. 15-32 which adds new rule ■ 3.Amend§90.621 by removing arbitration. The notice invited 00 §90.621(d)(4)to the Commission's paragraph(d)(5). comments on the proposed rules and c% rules. The new rule section re uires announced the Board's intention to q [FR Doc.2019-12984 Filed 6-20-19;8:45 am] promulgate final rules after reviewing applicants seeking to license newly BILLING CODE 6712-01-P available 12.5 kHz bandwidth and considering comments. interstitial channels in the 809-817 The comment period closed on May 6, 2019. The Board received one set of MHz/854-862 MHz segment of the 800 GENERAL SERVICES comments. The Board has considered MHz band(800 MHz Mid-Band)to ADMINISTRATION those comments and revised the include a letter of concurrence from an proposed rules as explained in part B incumbent licensee if the applicant files 48 CFR Part 6106 below. The Board now promulgates an application which causes contour final rules of procedure.These rules GSA- overlap under a forward analysis or [CBCA Case 2019-61-01; Docket . GSA- facilitate the efficient assembly of a GSABCA-2019-0005;Sequence No.1] Y receives contour overlap under a record that will allow each arbitration reciprocal analysis when the applicant RIN 3090-AK07 panel to issue a just and reasoned seeks to license channels in the 800 Civilian Board of Contract Appeals; decision resolving the dispute before it MHz Mid-Band. In the case of the Rules of Procedure of the Civilian at the speedy pace that parties expect in forward analysis,the incumbent arbitration. licensee must agree in its concurrence Board of Contract Appeals letter to accept any interference that AGENCY: Civilian Board of Contract B.Comments and Changes O occurs as a result of the contour overlap. Appeals;General Services FEMA was the only commenter. °2 In the case of the reciprocal analysis,the Administration(GSA). FEMA suggested specific changes to five incumbent licensee must state in its ACTION: Final rule. proposed rules (Rules 603, 604,606,608,and 612). The Board addresses the � concurrence letter that it does not object 2 to the applicant receiving contour SUMMARY: The Civilian Board of comments as follows. overlap from the incumbent's facility. Contract Appeals (Board)amends its Comment:In proposed Rule 603, rules of procedure to include arbitration FEMA suggested replacing the words oo The purpose of requiring applicants to p "final agency action"with"final agency obtain letters of concurrence if their of disputes between applicants for g Y g Y public assistance grants and the Federal determination" and adding the words application causes contour overlap "on an applicants eli rbilit for ublic under a forward analysis or receives Emergency Management Agency pp g Y p Y (FEMA)regarding disasters after January assistance"to the end of the rule after contour overlap under a reciprocal 1, 2016. The Board is promulgating a the word"decision." analysis is to ensure incumbents in the Response:The Board does not adopt 800 MHz Mid-Band are aware of the final regulation after considering the these suggestions. "Agency action"is a cc one set of comments received on the contour overlap before an application is proposed rules. term of art for an administrative granted. decision that is reviewable in court DATE:Effective July 22, 2019. List of Subjects in 47 CFR Part 90 under the Administrative Procedure 1 FOR FURTHER INFORMATION CONTACT:Mr. Act, 5 U.S.C. 702. The statement in Rule James Johnson,Co-Chief Counsel, 603 that covered disputes"come to the Administrative practice and Civilian Board of Contract Appeals, p procedure,Business and industry,Civil pp Board prior to final agency action"is defense,Common carriers, 1800 M Street NW, Suite 600, correct regardless of the terminology Washington,DC 26036; at 202-606- that FEMA may use for such actions. Communications equipment,Emergency 8788; or email at jameso.johnson@ Adding words to the end of the rule also medical services,Individuals with cbca.gov,for clarification of content. For would not enhance clarity,as the first disabilities,Radio,Reporting and information on status or publication 00 recordkee m requirements. p sentence already specifies "public P g q schedules,contact the Regulatory assistance eligibility and repayment 0 Federal Communications Commission. Secretariat Division at 202-501-4755. disputes" as the subject matter of Katura Jackson, Please cite CBCA Case 2019-61-01. arbitration. 4) Federal Register Liaison Officer. SUPPLEMENTARY INFORMATION: Comment:In proposed Rule 604, A.Back round FEMA suggested incorporating"nearly Final Rules g all of the content of 44 CFR 206.209(e)- The Board was established within (m),"FEMA's regulation for arbitration For the reasons discussed in the GSA by section 847 of the National of public assistance disputes involving preamble,the Federal Communications Defense Authorization Act for Fiscal Hurricanes Katrina and Rita,excluding Commission amends 47 CFR part 90 as Year 2006,Public Law 109-163. Board paragraphs (e)(2) and(h)(3)of the FEMA follows. members are administrative judges regulation. FEMA identified no Packet Pg. 1473 D.8.c 29086 Federal Register/Vol. 84, No. 120/Friday, June 21, 2019/Rules and Regulations substantive conflicts (as distinct from Response:The language at issue is E.Congressional Review Act wording differences)between proposed important because the Stafford Act The final rule is exempt from Rule 604 and FEMA's Katrina/Rita directs arbitrators to "consider from the Congressional review under Public Law arbitration regulation. FEMA noted that applicant" (not from FEMA) supporting 104-121 because it relates solely to the proposed rules omit"a time to file evidence submitted "at any time during agency organization,procedure, and an arbitration request." arbitration."42 U.S.C. 5189a(d)(2). practice and does not substantially Response:The proposed rules are Panels cannot necessarily obtain affect the rights or obligations of non already substantially consistent with responses to all new evidence,up to and agency parties. FEMA's regulation,which states, "The including the last day of arbitration. 0. arbitration will be conducted pursuant That is why the last sentence of Rule F.Executive Orders 12866 and 13563 to procedure established b the 608 warns that a panel may discount the p y p y Executive Orders (E.O.$) 12866 and to arbitration panel."44 CFR 206.209(c). "significance,weight, or probative 13563 direct agencies to assess all costs 4) As the designated arbitrator under 42 value" of delayed or surprise evidence. and benefits of available regulatory U.S.C. 5189a(d) of certain disputes As noted above,the final rule sets a time alternatives and,if regulation is regarding disasters after January 1, 2016, for FEMA's response to an arbitration necessary,to select regulatory the Board is now adopting uniform request. The Board retains the limiting approaches that maximize net benefits panel procedures. phrase"to the extent practicable"in (including potential economic, The omission of a time to file an Rule 608 for responses to later-offered environmental,public health and safety arbitration request is intentional.The evidence. Panels will decide effects, distributive impacts,and amended Stafford Act states that to practicability case by case. equity). E.O. 13563 emphasizes the request arbitration, an applicant for Comment:In Rule 612,FEMA importance of quantifying both costs relief"shall submit the dispute to the suggested deleting the first sentence, and benefits, of reducing costs, of arbitration process established"by regarding statutory intent. harmonizing rules, and of promoting FEMA for Katrina and Rita disputes.42 Response:The Board agrees and flexibility.This is not a significant U.S.C. 5189a(d)(5). The Board interprets removes this sentence from Rule 612, regulatory action and,therefore,was not the statutory term"process"to mean the addingthe words "of streamlining"to subject to review under Section 6(b)of steps established by FEMA for g E.O. 12866,Regulatory Planning and the second sentence for clarity. submitting a dispute to arbitration, Review, dated September 30, 1993, or including the timing and content of an The final regulation includes changes E.O. 13563,Improving Regulation and arbitration request. The proposed rule discussed above as well as minor,non- Regulatory Review,dated January 18, thus defers to FEMA's current and substantive corrections of the proposed 2011. This final rule is not a major rule rules. The corrections are as follows. future published guidance on those under 5 U.S.C. 804. processing matters.After submittal, In Rule 604,a citation to 44 CFR G.Executive Order 13771 consistent with"the arbitration 206.209(e)is deleted from the first ua process"to which the Act refers, "[t]he sentence, and the second sentence is This final rule is not an E.O. 13771 arbitration will be conducted pursuant deleted, as unnecessary. In Rule 605,the regulatory action because this rule is not to procedure established by the second"by"is deleted from the third significant under E.O. 12866. arbitration panel."44 CFR 206.209(c). sentence as unnecessary. In the sixth The Act does not direct the Board to useoo sentence of Rule 608, "before the close List of Subjects in 48 CFR Part 6106 arbitration procedures directly from of arbitration"is shortened to "before Administrative practice and FEMA's Katrina/Rita regulation. arbitration closes."In the fourth procedure;Disaster relief. The Board has carefully and sentence of Rule 610,a comma is Dated:June 14,2019. independently considered the content of deleted and the word"involuntary"is Jeri Kaylene Somers, cm 44 CFR 206.209 in response to FEMA's inserted before"prehearing" for clarity. Chair,Civilian Board of Contract Appeals, r_ comment. The Board agrees that its In the seventh and eighth sentences of General Services Administration. procedural rules should address the Rule 611,the word"to"is inserted in timing of a response by FEMA to an "or [to] make,"and"made"is inserted • Therefore,GSA adds 48 CFR part before"subject to." 6106 to read as follows: " arbitration request, and ex parte j contacts.The Board adds sentences to C.Regulatory Flexibility Act PART 6106—RULES OF PROCEDURE Rules 608 and 609 that track the FOR ARBITRATION OF PUBLIC substance of 44 CFR 206.209(e)(4) and GSA certifies that this final rule will ASSISTANCE ELIGIBILITY OR (j). The Board also adds language to not have a significant economic impact REPAYMENT Rule 606 to clarify that the parties do on a substantial number of small entities not pay the Board for arbitration within the meaning of the Regulatory Sec. services. Flexibility Act, 5 U.S.C. 602 et seq., and 6106.601 Scope [Rule 6011. LL Comment:To proposed Rule 606, the Small Business Regulatory 6106.602 Authority[Rule 6021. FEMA ose rod addin For each Enforcement Fairness Act of 1996, 6106.603 Purpose [Rule 603]. 0 p p g° 6106.604 Arbitration request[Rule 6041. ca request, a decision under Rule 613 will Public Law 104-121,because the final 6106.605 Parties;representation;email be issued by the panel." rule does not impose any additional service [Rule 6051. Response:The Board agrees that this costs on small or large businesses. 6106.606 Arbitrators;panels;costs [Rule sentence clarifies its intent, and D.Paperwork Reduction Act 6106.061 Initial conference [Rule 607]. includes it, slightly altered,in Rule 606. Comment:In proposed Rule 608, The Paperwork Reduction Act,44 6106.608 Evidence;timing[Rule 6081. FEMA objected to the statement that a U.S.C. 3501 et seq., does not apply 6106. Other materials considered;ex d partrte communications [Rule 6091. panel will receive a response to new because this final rule does not impose 6106.610 Motions [Rule 6101. evidence"to the extent practicable." any information collection requirements 6106.611 Hearing;live or paper [Rule 6111. FEMA argued that it should"always"be that require the approval of the Office of 6106.612 Streamlined procedures [Rule entitled to file a response. Management and Budget. 6121. Packet Pg. 1474 D.8.c Federal Register/Vol. 84, No. 120/Friday, June 21, 2019/Rules and Regulations 29087 6106.613 Decision;finality[Rule 6131. Unless otherwise advised,the Board presented as scheduled by the panel and Authority:42 U.S.C. 5189a(d). deems the person who signed the may be subject to page,word, or time arbitration request to be the applicant's limits. By the close of arbitration under 6106.601 Scope[Rule 601]. primary representative. Any other Rule 613,parties should provide the The rules in this part establish primary representative or other party panel with everything it needs to make procedures for arbitration by the Board representative shall promptly efile a a decision.Documents written by a at the request of an applicant for public notice of appearance complying with party for the panel during arbitration assistance from the Federal Emergency Board Rule 5(b) (48 CFR 6101.5(b)). shall comply with Board Rules 1(b) Management Agency(FEMA)for a Unless otherwise directed by the panel, (°°Efiles; efiling"), 7, and 23 (48 CFR 0" disaster that occurred after January 1, a party shall email its efilings to every E 6101.1(b), 6101.7, and 6101.23). No 2016. other party's primary representative at member of a panel or of the Board's staff the time of filing' as 6106.602 Authority[Rule 602]. will communicate with a party about U) The Board is authorized by section 6106.606 Arbitrators;panels;costs[Rule any material issue in arbitration outside 423 of the Robert T. Stafford Disaster 6061. of the presence of the other party or Relief and Emergency Assistance Act The Board assigns three judges as the parties,and no one shall attempt such (Stafford Act),42 U.S.C. 5189a(d),to panel of arbitrators for each request.A communications on behalf of a party. arbitrate disputes between applicants single arbitrator may act on behalf of a and FEMA as to eligibility for public panel under Rules 607 and 611.A full 6106.610 Motions[Rule 610]. assistance(or repayment of past public panel issues any decision under Rule Motions are strictly limited and assistance) for a disaster post-dating 613.The Board arbitrates at no cost to should ordinarily be made orally during January 1, 2016,when the disputed the parties,who bear their own costs of the initial conference under Rule 607. A 0 amount exceeds$500,000 or, for an participation. later motion maybe efiled. A party may applicant in a rural area,is at least 6106.607 Initial conference[Rule 607]. make a procedural motion,such as to $100,000. extend time. An applicant may move for The panel will hold a telephonic PP Y 6106.603 Purpose[Rule 603]. scheduling conference with all parties voluntary dismissal. No party may move Under the Stafford Act,the Board acts as soon as practicable, ordinarily within for a prehearing merits decision(e.g., for the United States Government to 14 calendar days after the Clerk dockets summary judgment or dismissal for resolve public assistance eligibility and an arbitration request. Each primary failure to state a claim)or for repayment disputes by arbitration,a party representative shall participate in involuntary prehearing dismissal other speedy and flexible method of impartial the conference. At least one panel than on the merits except on the dispute resolution. Eligibility and member will preside. The panel will grounds that an arbitration request is repayment disputes come to the Board promptly issue to the parties a written untimely. A panel ordinarily issues one prior to final agency action by FEMA. summary of the conference and the decision per arbitration. An arbitration decision under these schedule. A party has 5 calendar days rules is the final action by the Executive from receipt of the panel's conference 6106.611 Hearing; live or paper[Rule 611]. 0 Branch in a dispute. These rules summary to efile any objection to it. The parties may conclude arbitration by facilitate the creation of an arbitration panel may hold and summarize other presenting their positions in a hearing. record sufficient to allow the Board to conferences as necessary. A hearing may be live or,if agreed by oo issue a prompt,just, and reasoned all parties,on a written record a"paper decision. 6106.608 Evidence;timing[Rule 608]. P ( No party is required to provide hearing") or a combination of the two. 6106.604 Arbitration request[Rule 604]. additional evidence. An applicant or The panel will begin a hearing within (a)An applicant for public assistance grantee may,but need not, supplement 60 calendar days after the initial may request arbitration by following materials it previously provided to conference under Rule 607 unless the applicable FEMA guidance FEMA regarding the dispute. A party Board Chair approves a later date. All implementing section 423 of the may elect to present additional panel members will attend a live Stafford Act. evidence,i.e., documents,things, or hearing in Washington,DC. A single (b)Applicants shall efile arbitration testimony tending to make a factual panel member may conduct a live requests with the Board as prescribed by contention appear more or less likely to hearing elsewhere. Hearing procedures Board Rule 1 (48 CFR 6101.1). be true.If a party so elects,the panel are at the panel's discretion,with the 4) Voluminous attachments may be filed will to the extent practicable allow a goal of promptly,justly,and finally separately in electronic media as if response. FEMA shall efile its response resolving the dispute, and need not under Board Rule 4(b)(1) and(3) (48 to an arbitration request within 30 involve traditional witness examination CFR 6101.4(b)(1) and (3)). The Clerk of calendar days after receiving the or cross-examination. Parties should not the Board will acknowledge an docketing notice. A panel may not offer fact witnesses to read legal arbitration request by emailing the exclude as untimely evidence proffered materials or to make legal arguments. C3 parties a docketing notice. before arbitration closes under Rule 613. Statements of fact in a hearing need not A panel may consider the timing or be sworn but are made subject to 6106.605 Parties;representation;email ) surprise nature of evidence when penalty for violation of 18 U.S.C. 1001. service[Rule 605]. assessing the significance, credibility, or p y The parties to an arbitration are the probative value of the evidence. Live hearings are not public and may applicant,the grantee(if not the not be recorded by any means without applicant), and FEMA. Each party shall 6106.609 Other materials considered;ex the Board's permission. The Board may have one primary representative.This parte communications[Rule 609]. have a live hearing transcribed for the < person need not be an attorney but must Written or oral arguments or panel's use. If a transcript is made, a be authorized by law, formal delegation, statements of experts as to how a panel party may purchase a copy and has 7 or permission of the arbitrators to speak should understand evidence or apply calendar days after a copy is available and act for the party in the arbitration. the law are not evidence but may be to efile proposed corrections. Packet Pg. 1475 D.8.c 29088 Federal Register/Vol. 84, No. 120/Friday, June 21, 2019/Rules and Regulations 6106.612 Streamlined procedures[Rule SUMMARY: NMFS is adjusting the reasonable opportunity to harvest the 612]• Swordfish General Commercial permit ICCAT-recommended quota. The Board encourages parties to focus retention limits for the Northwest In 2017,ICCAT Recommendation 17- on providing only the information a Atlantic,Gulf of Mexico, and U.S. 02 specified that the overall North panel needs to resolve an eligibility or Caribbean regions for July through Atlantic swordfish total allowable catch repayment dispute.Examples of December of the 2019 fishing year, (TAC)be set at 9,925 metric tons (mt) streamlining may include without unless otherwise later noticed. The dressed weight(dw) (13,200 mt whole limitation— Swordfish General Commercial permit weight(ww))through 2021. Consistent (a)Electing not to supplement the retention limits in each of these regions with scientific advice,this was a materials already provided to FEMA,if are increased from the regulatory default reduction of 500 mt ww(375.9 mt dw) or to the extent the existing record ( ) from previous ICCAT-recommended ( ) g limits either two or three fish to six p 0 adequately frames the dispute; swordfish per vessel per trip. The TACs. However,the United States' 4) (b)Relying when possible on Swordfish General Commercial permit baseline quota remained at 2,937.6 mt documents over other types of evidence; retention limit in the Florida Swordfish dw(3,907 mt ww)per year.The 00 (c) Simplifying live hearings by efiling Management Area will remain Recommendation(17-02) also c% in advance written testimony,reports, unchanged at the default limit of zero continued to limit underharvest or opening statements by some swordfish per vessel per trip, as carryover to 15 percent of a contracting witnesses or party representatives; discussed in more detail below.These party's baseline quota.Thus,the United (d)Refraining from objecting to adjustments apply to Swordfish General States may carry over a maximum of evidence without good cause; and Commercial permitted vessels and to 440.6 mt dw(586.0 mt ww)of (e) Omitting duplicative and underharvest. Absent adjustments,the g immaterial evidence and arguments. Highly Migratory Species (HMS) J Charter/Headboat permitted vessels codified baseline quota is 2,937.E nit dw 6106.613 Decision;finality[Rule 613]. with a commercial endorsement when for 2019.At this time,given the extent The panel will advise the parties on a non-for-hire trip. This action is of underharvest in 2018,NMFS when the arbitration is closed.The based upon consideration of the anticipates carrying over the maximum panel will resolve a dispute within 60 applicable inseason regional retention allowable 15 percent(440.6 mt dw), limit adjustment criteria. which would result in a final adjusted calendar days thereafter unless the North Atlantic swordfish quota for the panel advises the parties that the Board DATES:The adjusted Swordfish General 2019 fishing year equal to 3,378.2 mt dw Chair approves a later date.The panel's Commercial permit retention limits in (2,937.6+440.6- 3,378.2 mt dw). As in decision may be issued in writing or the Northwest Atlantic,Gulf of Mexico, past years we anticipate allocating 50 mt 0. orally with transcription.A decision is and U.S. Caribbean regions are effective dw from the adjusted quota to the O primarily for the parties,is not from July 1, 2019,through December 31, Reserve category for inseason precedential,and should concisely 2019. adjustments/research and allocating 300 .7 resolve the dispute.The decision of a panel majority is the final FOR FURTHER INFORMATION CONTACT:Rick mt dw to the Incidental category,which Pearson or Randy Blankinship, 727- includes recreational landings and 0 administrative action on the arbitrated 824-5399. landings by incidental swordfish permit 2 dispute and is judicially reviewable holders, consistent with only to the limited extent provided by SUPPLEMENTARY INFORMATION: §635.27(c)(1)(i)(D) and(B). This would the Federal Arbitration Act(9 U.S.C. Regulations implemented under the result in an adjusted quota of 3,028.2 mt oo 10). Within 30 calendar days after authority of the Atlantic Tunas dw for the directed fishery,which issuing a decision, a panel may correct Convention Act(ATCA; 16 U.S.C. 971 et would be split equally(1,514.1 mt dw) clerical,typographical,technical, or seq.) and the Magnuson-Stevens Fishery between the two semi-annual periods in arithmetic errors. A panel may not Conservation and Management Act 2019 (January through June, and July reconsider the merits of its decision (Magnuson-Stevens Act; 16 U.S.C. 1801 through December). resolving an eligibility or repayment et seq.)governing the harvest of North dispute. Atlantic swordfish by persons and Adjustment of Swordfish General [FR Doc.2019-13081 Filed 6-20-19;8:45 am] vessels subject to U.S. jurisdiction are Commercial Permit Vessel Retention BILLING CODE 6820-AL-P found at 50 CFR part 635. Section Limits 635.27 subdivides the U.S.North The 2019 North Atlantic swordfish Atlantic swordfish quota recommended fishing year,which is managed on a by the International Commission for the calendar-year basis and divided into DEPARTMENT OF COMMERCE Conservation of Atlantic Tunas (ICCAT) two equal semi-annual quotas for the National Oceanic and Atmospheric and implemented by the United States directed fishery,began on January 1, Administration into two equal semi-annual directed 2019. Landings attributable to the fishery quotas; an annual incidental Swordfish General Commercial permit 50 CFR Part 635 catch quota for fishermen targeting other count against the applicable semi- species or catching swordfish annual directed fishery quota.Regional 00 [Docket No.1 20 62 71 9 4-36 57-0 2] recreationally, and a reserve category, default retention limits for this permit 0 RIN 0648-XT002 according to the allocations established have been established and are in the 2006 Consolidated Atlantic automatically effective from January 1 Atlantic Highly Migratory Species; Highly Migratory Species Fishery through December 31 each year,unless North Atlantic Swordfish Fishery Management Plan(2006 Consolidated changed based on the inseason regional AGENCY: National Marine Fisheries Atlantic HMS FMP) (71 FR 58058, retention limit adjustment criteria at Service(NMFS),National Oceanic and October 2, 2006), as amended,and in §635.24(b)(4)(iv).The default retention Atmospheric Administration(NOAA), accordance with implementing limits established for the Swordfish Commerce. regulations.NMFS is required under General Commercial permit are: (1) ACTION: Temporary rule. ATCA and the Magnuson-Stevens Act to Northwest Atlantic region—three provide U.S. fishing vessels with a swordfish per vessel per trip; (2)Gulf of Packet Pg. 1476 D.8.d Kevin MIadok, cpA Clerk of the Circuit Court& Comptroller-.. Monroe County, Florida DATE: March 22, 2019 E t� TO: Kathy Peters, CP U) County Attorney's Office FROM: Pamela G. Hancock, D.C. SUBJECT: March 21 sf BOCC Meeting Attached is an electronic copy of N2,Agreement with Baker, Donselson, Bearman, Caldwell & Berkowitz, PC for representation relating to the County's administrative appeal of FEMA's denial of costs,for your handling. Should you have any questions,please feel free to contact me at (305) 292-3550. Thank = you. 0 r_ a� 2 cm cm 0 cc: Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDI'N 50�0 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 PI 70 305-294-4641 305-2801-6027 305-852-7145 3 Packet Pg. 1477 D.8.d AGREEMENT BETWEEN MONROE COUNTY AND BAKER,DONELSON,BEARMAN,CALDWELL&BERKOWITZ,PC THIS AGREEMENT,made and entered into this4j day of March,2019,by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,("COUNTY"), a political subdivision of the State of Florida whose address is 1100 Simonton Street,Key West,Florida 33040, and BAKER DONELSON BEARMAN,CALDWELL&BERKOWITZ,PC ("ATTORNEY")regarding the retention of ATTORNEY by COUNTY to provide legal advice and services. M WHEREAS, it is hi the public interest of COUNTY to have legal representation as set out below,and WHEREAS, the ATTORNEY has agreed to provide legal representation to the COUNTY as set forth S herein and in Attachment A. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: I. THE CLIENT The Client is the COUNTY,acting by and through its duly elected and appointed officers and its employees. 0 2. THE ATTORNEY 0 r_ ATTORNEY is a Professional Corporation that is registered as a Florida Foreign Corporation named above and whose legally authorized signature appears at the bottom of this Agreement. ATTORNEY is licensed to practice law in Alabama, Florida, Georgia, Louisiana, Maryland, Mississippi, South Carolina, 2 Tennessee,Texas and District of Columbia. ATTORNEY has been retained to provide representation to Monroe County in connection with FEMA's denial of cost incurred by the County. ATTORNEY may not outsource this work without full written disclosure to, and prior written approval from, the COUNTY acting through the County Attorney. 3. TERM OF AGREEMENT This Agreement and representation by ATTORNEY is effective upon execution by ATTORNEY cm and acceptance and approval by COUNTY in accordance with COUNTY'S policies, ordinances, or cm governing statutes. The representation shall continue until terminated by either the COUNTY, or by the ATTORNEY in accordance with ethical requirements and/or the terms of this Agreement. 32 4. SCOPE OF THE WORK Our representation is limited to providing legal services and advice to Monroe County,Florida ("Client")in connection with: FEMA's denial of cost incurred by the COUNTY, including a review of the County's Administrative Appeal as filed on February 15,2019,to evaluate the strength of the appeal and, if 1 Packet Pg. 1478 ` D.8.d appropriate,to prepare one or more supplements to the appeal,however this Agreement may be used for any other services pertaining to other disputes with FEMA that may arise. 4.1 Professional abilityo perform work,appointment of contract manager ATTORNEY warrants that he or she is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. ATTORNEY shall designate Ernest Abbott, as the contract manager and shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided.ATTORNEY warrants that the authorized time keepers are authorized by law and the Rules and Regulations of The Florida Bar to engage in the performance of the activities encompassed by this Agreement. S 4.2 Management of time keepers ATTORNEY is responsible for managing the matter cost-effectively and competently, e.g.,. by insuring that additional time-keepers are competent, properly supervised, efficient, and in compliance with the terms 'of this Agreement as well as with all ethical obligations set forth in the Rules of Professional Responsibility of the Florida Bar. 5. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS OF INTEREST BEFORE INITIATING REPRESENTATION 0 a ATTORNEY has conducted a thorough investigation and determined that neither ATTORNEY nor his r_ or her firm has any known ethical impediment, real or potential, including but not limited to conflicts of interest, to representing COUNTY. To the extent that any ethical impediment, real or potential, is discovered or ever arises, ATTORNEY shall immediately inform COUNTY in writing of the impediment U) (regardless of whether ATTORNEY believes he 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 other reasonable steps to avoid or mitigate the impediment. Notwithstanding the foregoing, COUNTY understands and agrees that ATTORNEY may in the future—after E this agreement has terminated-represent clients before COUNTY in unrelated matters. 6. PAYMENTS TO ATTORNEY CM ATTORNEY shall submit to COUNTY invoices with supporting documentation acceptable to the CM Cleric on a schedule as set forth in the contract. The total dollar amount of this contract shall not exceed $49,999.99 without prior approval of the County Commission. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's 0 disbursal of funds. All services provided with respect to this agreement will be billed on a current basis with monthly invoices sent to you that will.contain full detail as to the specific effort; hourly rates, and 0 reimbursable expenses incurred by ATTORNEY on COUNTY'S behalf. 6.1 Attorney Fee(Hourly) ATTORNEY will be paid for his or her services based on the number of hours expended on behalf of COUNTY (rounded to the nearest tenth hour for each time entry), not to include time billable to or 2 Packet Pg. 1479 ' D.8.d compensated by other clients, multiplied by the ATTORNEY'S hourly rate. The following minimum billing documentation and time-keeper requirements are a condition precedent to payment by the COUNTY. 6.2.Non-billable time ATTORNEY will bill COUNTY only for time reasonably and necessarily incurred to render professional B,j services on COUNTY'S behalf in accordance with this Agreement. Time attributable to billing questions 0 is not billable. Time expended by time-keepers who have not been approved by COUNTY is also not billable. 6.3. Hourly Rates,and Changes to hourly rates The ATTORNEY has agreed to rates as more fully set forth below: Approved Time Keepers: Name: Hourly Rate: Ernest Abbott- Of Counsel $510.00 Wendy Huff Ellard-Shareholder $365.00 Michelle F. Zaltsberg-Associate $340.00 Danielle Aymond- Of Counsel $325.00 Macy Climo-Associate $275.00 Jordan Corbitt-Associate $250.00 Paralegal $190.00 M With the written approval of the County Attorney, additional time keepers may be utilized by the ATTORNEY and billed at the following rates: Shareholders $365 Associates $250-$340 ' Paralegals $190 ATTORNEY will charge no more than the hourly rate quoted above throughout the duration of the matter, unless otherwise agreed in writing and approved by COUNTY in the same manner as Agreement. The hourly rate to be changed by the lawyers and paralegals are reviewed annually and should ATTORNEY determine that a rate adjustment is warranted for this engagement the COUNTY will U) 22 be notified in advance of any change. 0 6.4.Discounts to other Clients The rates set forth above are the standard rates charged by the Approved Time Keepers for.the type of services to be provided under the Agreement for other similarly situated public and non-profit entities. ATTORNEY has agreed that these are the rates applicable to the COUNTY for this particular matter. 3 Packet Pg. 1480 6.5.Time keepers As used in this Agreement,the term"time keeper"shall include ATTORNEY and other ATTORNEYS and individuals identified in paragraph 6.3 of this Agreement who will be providing services under this Agreement and who will bill the COUNTY for their services in accordance with this Agreement. to 6.51.Duplication of effort M ca Unless COUNTY approval is obtained, ATTORNEY will not have more than one time-keeper bill for court appearances, attendance at depositions and meetings, including meetings with COUNTY representatives, and internal conferences. However, with advance COUNTY approval, ATTORNEY may have more than one time-keeper present at the hearings in this matter and each attorney and timekeeper shall be paid at their rate established in paragraph number 6.3. In the event that more than one person attends, only the time of the person with the highest rate will be billable. ATTORNEY is not permitted to use this matter to provide on the job training for a time-keeper. Approval for action on the part of the ATTORNEY may be accomplished by letter, email, or verbally by the County Attorney or his/her designee, if verbal approval is given the attorney may verify that approval by email to ATTORNEY or CLERK(as necessary for billing purposes). 6.5.2. Time-keeper changes 0 Time-keepers approved by the COUNTY are listed in paragraph 6.3 of this Agreement, and may be amended from time to time, upon mutual agreement of the COUNTY and the ATTORNEY, to evidence the then-current circumstances. Additional time-keepers may be added by amendment to this agreement and approval by the Board of County Commissioners. In the event that additional time-keepers providing services, which are to be billed to COUNTY, are to be added, then their hourly rates shall be provided to COUNTY in advance, and,upon written approval by the COUNTY,their rates and billing practices shall comply with the M requirements of this Agreement. COUNTY expects to receive discounts or other concessions so that any increases or changes in time-keepers will not result in unnecessary or unreasonable charges to COUNTY, e.g.,for training, internal conferences, and management. E 6.6.Existing work product To the extent the ATTORNEY makes use of existing work product, e.g., in the form of research previously performed for another client,then ATTORNEY shall bill only that time expended in using that CM work product for COUNTY. In other words, no premium, markup, or other adjustment shall be made to CM COUNTY bill for time spent on work already performed. 0 7. BILLING OF FEES AND EXPENSES U' ATTORNEY shall comply with the following requirements as to billing fees and expenses as a condition precedent to COUNTY'S obligation to pay each bill: 7.1. Monthly bills 4 Packet Pg. 1481 D.8.d Unless otherwise agreed in a writing signed by the COUNTY, bills shall be issued monthly by ATTORNEY within fifteen (15) days after the close of each month. ATTORNEY understands that COUNTY requires prompt bills in part to facilitate effective management of the representation and fees. 7.2.Bill format ATTORNEY shall provide detailed, itemized bills which shall,at a minimum: U) 7.2.1 Description Provide a general description of the matter, to include the name of the COUNTY department or constitutional officer, if not indicated in the title of the matter, for which legal services are being performed (e.g. Richard Roe v. Monroe County—EEO Claim); a description of the work performed in enough detail so that each item is distinguishable from other listed items and sufficient to allow 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. For example, simply the word "research" is not acceptable, more detail about the type of research and what was determined by the research is necessary. 7.2.2 Personnel 0 Clearly identify each timekeeper performing services in conjunction with each entry. Clearly identify all persons who are not full-time lawyers employed by the ATTORNEY'S firm (including paralegals, employees of ATTORNEY with their titles, subcontractors, independent contractors, temporary employees, and outsourcing providers). Personnel who are not listed as additional timekeepers will not be paid unless approved in writing tinder the requirements of this Agreement. M 7.2.3 Time Records Record the time expended by each time-keeper separately.In those situations where the minimum E billing increment exceeds the actual time spent on .a. task and several of these "minor" tasks are performed, it is expected that the services will be aggregated until the total actual time spent meets the minimum billing increment. 7.2.4 Totals and By -m cm State the amount of time expended by each time-keeper broken down for each task. 0 7.2.5 Summary of Rates U' It is understood that the billing rate is a per hour as set forth in paragraph number 6.3. In a o summary at the beginning or end of the bill,provide the current hourly rate for each time-keeper,the total time billed by each time-keeper in that bill, the product of the total time and hourly rate for each time- keeper, the total fees charged, and are reconciliation between the amount charged and any applicable estimated or budgeted amount, by task. In addition, each monthly statement should show the aggregate ' billing for that matter from the commencement of the matter through the currently-billed month. 5 Packet Pg. 1482 D.8.d 7.3.Expenses COUNTY will pay the actual, reasonable cost of the following expense items if incurred in accordance with the guidelines below (a copy of the form used by the County may be provided for your convenience)and promptly itemized in ATTORNEY'S monthly bill: 7.3.1 Reimbursable expenses U) Actual cost for necessary long distance telephone calls, telecopying at $.25 per outgoing page, overnight or expedited delivery, couriers, photocopying at $.15 per page, postage, court fees, and other expenses approved in advance by COUNTY. In order to receive reimbursement Attorney must attach copy of invoice from overnight or expedited delivery, couriers, long distance carriers and indicating which calls are related to this agreement. All charges shall be reasonably documented on invoices to demonstrate that the charge is related to this agreement. 7.3.1.1. Expedited or emergency services M ATTORNEY is expected to avoid using expedited or emergency services, such as express delivery services, couriers, telecopying, overtime, and so on, unless necessary because of unexpected developments or extremely short deadlines. COUNTY may refuse to pay for any such expenses when incurred routinely or because of ATTORNEY'S failure to manage the matter efficiently. 0 7.3.1.2. Computerized research 0 ATTORNEY is expected to use computerized research services cost-effectively to reduce time spent on research, for example,while closely-monitoring computerized research to insure that the charges are reasonable and necessary. ATTORNEY is expected to pass through to COUNTY any discounts or other arrangements that reduce the cost of computerized services. All charges shall be reasonably M documented on invoices to demonstrate that the charge is related to this agreement. 7.3.1.3.Photocopying E ATTORNEY is encouraged to use outside copying services if this will reduce the cost of large CD - volume copying, provided that these expenses are efficient, cost-effective, and incurred and billed in accordance with this Agreement. ATTORNEY is responsible for insuring that all copying complies with copyright obligations. All charges shall be documented on. invoices to demonstrate that the charge is cm related to this agreement. cm 7.3.1.4.Transcripts U) 32 Transcripts should not be ordered without prior approval from COUNTY. Transcripts should not be ordered on an expedited basis unless necessary and approved in advance by COUNTY. ATTORNEY should obtain digital electronic/computerized copies of transcripts when available at'a reasonable cost to avoid charging for time spent digesting or indexing transcripts, and to allow COUNTY to maintain a digital electronic/computerized database of all transcripts. 7.3.1.5 Travel Expenses 6 Packet Pg. 1483 D.8.d Travel expenses within the ATTORNEY'S local area, defined as a radius of 50 miles from the timekeeper's office,will not be reimbursed and time in transit is not billable. Travel expenses outside the local area may only be reimbursed if the travel was approved in advance by COUNTY.Reimbursable travel expenses are the cost of transportation by the least expensive practicable means (e.g.,coach class air travel),the cost of reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab or rental car, whichever is reasonable, at the lowest 0 available rate). Cab fare to and from the originating airport is reimbursable. Expenses will be reimbursed 0 in accordance with the applicable provisions of Florida Statute 112.061 for "approved travelers" and of the Monroe County Code Article XXVI and shall be summarized on the Monroe County Travel Form by ATTORNEY with all applicable receipts attached thereto. E 7.3.1.6 Travel Time Time spent in transit outside Attorney's local area may be billed only if ATTORNEY or time- keeper is unable to avoid traveling by using other forms of communication or it is determined by the County Attorney that travel is in the County's best interest. Travel by more than one time-keeper at the same time to the same destination is allowed with approval from COUNTY ATTORNEY. In order to be reimbursed for airline tickets,the boarding pass shall be attached to the invoice. Approved travel time during normal business hours, defined weekdays from 8:30 a.m. to 6:00 p.m., will be billed at the hourly rate listed for the timekeeper in paragraph 6.3 of this Agreement. Approved travel time outside of normal business hours will be billed at one-half the hourly rate listed for the timekeeper in paragraph 6.3 of this Agreement. r_ 7.3.2.Non-reimbursable expenses The following expenses will in no event be reimbursable without written approval by County M Attorney and approval by the Board of County Commissioners: 7.3.2.1. Personal and Office Costs E Meals for time-keepers not related to travel, overtime, word processing or computer charges, a personal expenses, expenses that benefited other clients, expenses for books, costs of temporary employees, periodicals or other library materials, internal filing or other document handling charges, clerical expenses, stationery and other supply expenses, utilities, and any other expense that is either unreasonable or unnecessary. (The fact that ATTORNEY charges other clients or that other firms charge cm their clients for an expense does not snake it reasonable or necessary under this Agreement.) 0 7.3.2.2.Experts, consultants, support services,outsourced services, etc. ATTORNEY is-not authorized to retain experts, additional counsel, consultants, support services, or the like, outside ATTORNEY'S law firm, without approval by County Attorney. If agreed to ATTORNEY will be responsible for selecting and managing the services of others so that their services and expenses will be rendered in accordance with the terms of this Agreement, including terms applicable to ATTORNEY.ATTORNEY will manage others to obtain cost-effective services for COUNTY. Unless otherwise agreed in writing, ATTORNEY shall obtain a written retainer agreement, in a form 7 Packet Pg. 1484 D.8.d which may be specified by COUNTY, from each service provider, with bills from each provider being sent to both ATTORNEY and COUNTY. 7.3.2.3 TemporaLy Staffing ATTORNEY will not bill COUNTY for the time and expenses of temporary employees, including so-called "Temps" or contract ATTORNEYS or other staff from outside companies, nor "ouutsource" or delegate work, nor charge for summer associates, law clerks, or student clerks, (collectively "temporary staff' even if not temporarily employed) without full advance disclosure of the ca employee's temporary or short-term status to COUNTY, including disclosure of the actual amount paid or to be paid to the individual. Unless COUNTY expressly agrees in writing to paying additional amounts after full disclosure by ATTORNEY, ATTORNEY may not charge COUNTY more than the actual cost paid by ATTORNEY. 7.3.2.4.Expenses not passed through at actual cost 2 COUNTY will not pay any markup for expenses. COUNTY will only reimburse the ATTORNEY for their actual approved out-of-pocket costs and expenses,whether incurred personally by an approved titne-keeper or incurred by other approved personnel (such as experts, consultants, support services personnel,or outsourced services personnel). 7.3.2.5. Overhead not charged to County 0 COUNTY will not pay for any"expense" items that are in fact part of ATTORNEY'S overhead, which should be included within ATTORNEY'S fee, the determination of which expenses fall into this category are strictly within the discretion of the COUNTY. 7.3.3. Advance approval of expenses M ATTORNEY shall obtain approval from COUNTY ATTORNEY before incurring any expense in excess of $1,000.00 if ATTORNEY expects to be reimbursed for that expense. COUNTY, in its discretion,may refuse to pay any expense for which approval was not obtained by ATTORNEY. 7.3.4. Copies of receipts for expenses ATTORNEY shall include copies of receipts for all expenses with the itemized monthly bill. cm COUNTY may refuse to pay any expense item for which documentation is not provided by ATTORNEY. cm 7.3.5.Expenses (and fees)after termination U) 32 Upon termination of the representation, ATTORNEY shall promptly bill COUNTY for any remaining reimbursable expenses and fees. COUNTY may refuse to pay any fees or expenses not billed within 45 days of tennination of the representation. ATTORNEY is also expected to cooperate promptly with all aspects of termination and, if applicable, transition to other counsel. Payment for fees and expenses is contingent upon prompt,full cooperation. 7.4.Bill and expense documentation 8 Packet Pg. 1485 D.8.d ATTORNEY must maintain supporting documentation for invoices until at least one year after the termination of the representation. This documentation shall be made available by ATTORNEY to COUNTY (or COUNTY'S designated representative, including an accountant, the County Clerk or County Clerk's representative, or legal bill auditor) upon COUNTY'S written request. ATTORNEY agrees to cooperate with any examination of this documentation and ATTORNEY'S fees and expenses, e.g., by responding promptly and completely to any questions COUNTY or its designated representative E may have. ATTORNEY shall notify COUNTY in writing at least 60 days in advance of destroying any q,j such records and, in the event that COUNTY requests that they be preserved, shall preserve them at least 4) one additional year or, at the option of the COUNTY, delivered to the COUNTY for storage by the COUNTY, with COUNTY responsible for paying the actual cost of storage. This documentation shall include, for example, original time records, expense receipts, and documentation supporting the amount charged by ATTORNEY for expense items generated by ATTORNEY or his or her firm. COUNTY reserves the right not to pay any fee or expense item for which sufficient documentation or expense item for which sufficient documentation is not available to determine whether the item was necessary and reasonable. 7.5 Entertainment ATTORNEY shall not be reimbursed for costs of entertainment, such as in room movies and alcoholic beverages. Furthermore, only meals for ATTORNEY and/or approved timekeeper shall be reimbursed in accordance with the provisions in this Agreement. 0 8. PAYMENT TERMS 0 ATTORNEY'S request for payments and reimbursements may be made in either the ATTORNEY'S name or the name of the ATTORNEY'S law firm, as appropriate. ATTORNEY bills complying with this Agreement are due and payable according to the Prompt Payment Act. If the bill materially fails to comply with the requirements of this Agreement, then it is not due and payable until 2 ATTORNEY remedies its deficiencies. 9. MATTER MANAGEMENT E COUNTY will expect that .all communications between ATTORNEY, and additional timekeepers, and COUNTY will be reviewed by ATTORNEY and that ATTORNEY will serve as the point of contact for this matter, including billing questions. The COUNTY contact for this Agreement shall be: cm cm Robert Shillinger,Esq. Monroe County Attorney 1111 12"'Street, Suite 408 U) Key West,Florida 33040 (305)292-3470(office) (305)292-3516 (facsimile) Sh i Il ing er-Bobnmonroecounty-fl.gov 9.1. Case monitoring 9 Packet Pg. 1486 COUNTY will be advised promptly by ATTORNEY of all significant facts and developments in the matter so that COUNTY may manage the matter effectively and make informed decisions about strategy,tactics, settlement, scheduling, costs, and other related matters. COUNTY will promptly receive from ATTORNEY copies of all orders, opinions, pleadings, briefs, memoranda (internal and external), correspondence, and any other document material to the subject matter of this Agreement, such that the COUNTY will have a current, up-to-date, "mirror" copy of the COUNTY'S file maintained by ATTORNEY. For'discoveiy materials or exhibits that are lengthy,ATTORNEY should discuss them with to COUNTY before providing a copy. Documents available in digital electronic/computerized form should be provided in that form in lieu of paper copies, if requested by County. Additionally, ATTORNEY may be required to submit, on a monthly basis, a case status and progress report to be submitted to the Board of COUNTY Commissioners. The format of the report shall be in the form required by the COUNTY ATTORNEY. 9.2. Case control 2 ATTORNEY shall discuss all significant issues of strategy and tactics, including motions, discovery, pleadings, briefs, trial preparation, experts, and settlement, with COUNTY before implementation.ATTORNEY is expected to exercise independent professional judgment. 9.3.ATTORNEY cooperation ATTORNEY will cooperate with COUNTY or COUNTY'S representatives to promptly provide all information COUNTY requests or needs about the subject matter of this Agreement and ATTORNEY'S bills and handling of the matter. r_ 9.4. COUNTY cooperation ATTORNEY shall be lead counsel on the matter; however, ATTORNEY agrees that the lawyers employed by the Monroe County Attorney's Office may enter an appearance as co-counsel in the matter. ATTORNEY should consult with COUNTY about all opportunities for COUNTY to save money or make use of COUNTY'S expertise to assist in, e.g., responding to discovery, preparing for trial, locating experts, and the like. COUNTY may also have personnel and facilities available to reduce the expenses related to the subject matter of this Agreement. CD 10. CONFIDENTIALITY AND PUBLIC RELATIONS ATTORNEY is not authorized to waive or release any privilege or other protection of cm information—confidential, secret, or otherwise—obtained from or on behalf of COUNTY. ATTORNEY is to keep all confidential, privileged, or secret information confidential. This requirement is perpetual, i.e., it will continue even after the termination of the relationship and this Agreement. U) 10.1 Prohibition against use of information This requirement is also intended to prohibit ATTORNEY from using information obtained from or on behalf of COUNTY, including work product prepared at COUNTY'S expense, for other clients of ATTORNEY or his or her firm,without COUNTY'S advance written approval. 10.2 No use of County for marketing purposes 10 Packet Pg. 1487 D.8.d ATTORNEY is not authorized to identify COUNTY as a COUNTY, e.g., for purposes of marketing or advertising,without COUNTY'S approval. 11. OWNERSHIP OF ATTORNEY FILES AND WORK PRODUCT ATTORNEY understands that all files and work product prepared by ATTORNEY or his or her firm at the expense of.COUNTY (or for which COUNTY is otherwise billed) is the property of COUNTY. Without COUNTY'S 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 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. 12. DISPUTE RESOLUTION ATTORNEY and COUNTY agree that if a dispute arises between them that neither shall be required to enter into any arbitration proceedings related to this Agreement. 0 12.1. Disputes regarding Attorney fees or expenses U) 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 M Assistance Program of the Florida Bar. 12.2. Disputes regardinginterpretation nterpretation COUNTY and ATTORNEY agree that all disputes and disagreements between them regarding interpretation of the Agreement shall be attempted to be resolved by a meet and confer session between representatives of COUNTY and ATTORNEY. If the issue or issues are still not resolved to the satisfaction of both within thirty (30) days after the meet and confer session, then either shall have the CM right to terminate the Agreement upon ten(10)business days' notice in writing to the other party. CM 12.3 Legal or Administrative procedures U) 32 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; institution of any administrative or legal proceeding shall constitute immediate termination of this Agreement. ATTORNEY agrees to forward copies of all documents in his or her possession related to the matter, which is the subject of this Agreement to COUNTY at the time of filing any administrative or legal proceeding. 11 Packet Pg. 1488 D.8.d 12.4 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,and court costs, as an award against the non-prevailing party, and shall include reasonable ATTORNEY'S fees, and court costs in appellate 0 proceedings. 4) 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 the usual and customary procedures required by the circuit court of Monroe County and shall take place in Monroe County. 13. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage prepaid,to the other party by certified mail,returned receipt requested,to the following: FOR COUNTY County Administrator and County Attorney 1100 Simonton Street PO Box 1026 Key West, FL. 33040 Key West,FL 33040 r_ FOR ATTORNEY Ernest B.Abbott 2 901 K Street,N.W., Suite 900 Washington,D.C.20001 E 14. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State.Venue for any legal action cm which may arise out of or under this agreement shall be in Monroe County,Florida. 15. ENTIRE AGREEMENT U) 32 The entire agreement between the COUNTY and ATTORNEY with respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes all 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. 12 Packet Pg. 1489 16. FLORIDA GOVERNMENT-IN-THE-SUNSHINE LAW ATTORNEY agrees that,unless specifically exempted or excepted by Florida law,the provisions of Section 286.011, Florida Statutes, generally require full and public discussion of matters to be voted upon by the Board of County Commissioners. ATTORNEY agrees to consult with the COUNTY ATTORNEY'S office concerning the application of the Sunshine Law from time to time concerning specific circumstances that may arise during the term of this Agreement. C) 17. FLORIDA PUBLIC RECORDS LAW ATTORNEY agrees that, unless specifically exempted or excepted by Florida law or Rules and Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally require public access to all records and documents which may be made or received under this Agreement. ATTORNEY agrees to consult with the County Attorney's office concerning the application of the Public Records Law from time to time concerning specific circumstances that may arise during the term of this Agreement. 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 U) 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 thatCM does not exceed the cost provided in this chapter or as otherwise provided by law. CM (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. U' (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 0 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 13 Packet Pg. 1490 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. U) 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 section119.10, 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 ATTORNEWCONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ATTORNEY/CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF a� PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIANna MONROECOUNTY-FL.GOV, MONROE COUNTY 2 ATTORNEY'S OFFICE 1111 12Tx Street, SUITE 408, KEY WEST, FL 33040., E 18. NO ASSIGNMENTS ATTORNEY shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, cm c, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or 0 subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for 32 therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 19. TERMINATION Either of the parties hereto may terminate this contract without cause by giving the other party fifteen(15)business days written notice of its intention to do so. 14 Packet Pg. 1491 D.8.d 19.1 Documents forwarded to COUNTY ATTORNEY agrees to forward to COUNTY along with Notice of Termination or upon receipt of Notice of Termination, depending upon which party terminates the Agreement, copies of all documents in his or her possession of any nature whatsoever related to the ATTORNEY'S representation of COUNTY or obtained due to ATTORNEY'S representation of COUNTY. C) 19.2 Restriction on Communications M ATTORNEY agrees not to communicate with the public, including the press, about COUNTY or about this matter. E 20. SEVERABILITY If a term, covenant, condition or provision of this Agreement shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provision of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and ATTORNEY agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 0 21. CAPTIONS 0 The captions set forth herein are for convenience of reference only and shall not define, modify, or limit any of the terms hereof. 22. LEGAL OBLIGATIONS AND RESPONSIBILITIES,NON-DELEGATION OF 2 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 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. cm 23. RECORDS ATTORNEY shall keep such records as are necessary to document the performance of its U' services as set forth in the agreement and expenses as incurred, and give access to these records at the request of the COUNTY,the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of ATTORNEY to maintain appropriate records to insure a proper accounting of all collections and remittances in this matter. ATTORNEY shall be responsible for repayment of any and all reasonable audit exceptions which are identified by the Auditor General for the State of Florida,the Clerk of Court for Monroe County,the Board of County Commissioners for Monroe County,or their agents and representatives. 4) 15 Packet Pg. 1492 24. PUBLIC ACCESS The COUNTY and ATTORNEY shall allow and permit reasonable access to and inspection of, all documents, papers, letters, or other materials subject to the Florida Public Records Law, as provided in Chapter 119,Florida Statutes, and made or received by the them, unless specifically exempted by State Statute, Rules and Regulations of The Florida Bar, or case law. COUNTY shall have the right to cancel this agreement upon violation of this provision by ATTORNEY. U) 25. MONROE COUNTY CODE ETHICS PROVISION ATTORNEY warrants that he or she has not employed, retained or otherwise had act on his behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10 1990. For breach or violation of this provision the COUNTY may, at its discretion,terminate this Agreement without liability and may also, at its discretion, deduct from the sums owed under the Agreement, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present COUNTY officer or employee. COUNTY employees and officers are required to comply with the standards of conduct delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one's agency, unauthorized compensation, and misuse of public position, conflicting employment or contractual relationship, and disclosure of certain information. 0 26. PUBLIC ENTITY CRIME STATEMENT 0 Florida law provides that person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on a agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property M to public entity, may not be awarded or perform work as a contractor, supplier, sub contractor, or consultant under a agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of E thirty-six(36) months from the date of being placed on the convicted vendor list.ATTORNEY warrants the neither ATTORNEY nor any authorized time keeper has been named to the convicted vendor list. CD 27. ANTI-KICKBACK CM ATTORNEY warrants that no person has been employed or retained to solicit or secure this CM Agreement upon any contract or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the COUNTY has any interest, financially or otherwise, in this Agreement, except as expressly stated herein.For breach or violation of this warranty,the COUNTY shall a have the right to annul this agreement without liability or, in its discretion,to deduct any sums to be paid cc by COUNTY under this Agreement, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 28. MODIFICATIONS AND AMENDMENTS 16 Packet Pg. 1493 Any and all modifications and Amendments of the terns of this Agreement shall be in writing and executed by the Board of County Commissioners for Monroe County and by ATTORNEY in the same manner as this Agreement. 29. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder,ATTORNEY is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find ATTORNEY or any of the authorized time keepers, to be the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights,privileges or benefits of employees of Monroe County. 30. COMPLIANCE WITH LAW In carrying out ATTORNEY'S obligations under this agreement, ATTORNEY shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this Agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to ATTORNEY. 31. LICENSING 0 ATTORNEY warrants that ATTORNEY and additional timekeepers do presently have,shall have prior to commencement of work under this Agreement,and at all times during said work, all required licenses and permits whether federal,state, County or City. U) U) 32. NON-DISCRIMINATION 2 ATTORNEY agrees that he or she will not discriminate against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, E effective the date of the court order. ATTORNEY agrees to comply with all Federal and Florida statutes, and all local ordinances,as applicable,relating to nondiscrimination. These include but are not limited to: CD 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of cm handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits M discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse 32 and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),as amended, relating.to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC ss. 12101), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article I1, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual 17 Packet Pg. 1494 ' D.8.d orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. 33. 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 0 enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program 0 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. 34. ATTESTATIONS ATTORNEY agrees to execute such documents as the COUNTY may reasonable require, including a Drug-Free Workplace Statement, and a Public Entity Crime Statement. 35. COUNTY AUTHORITY TO This Agreement has been duly noticed at a legally held public meeting conducted in Monroe County, Florida. COUNTY'S performance and obligation to pay under this contract, is contingent upon annual appropriation by the Board of County Commissioners. 0 36. HOLD HARMLESS AND INSURANCE ATTORNEY certifies that it maintains a minimum professional liability coverage for 2 ATTORNEY and additional timekeepers in the amount of$5 Million. ATTORNEY agrees to keep the same amount of coverage or more at all times and to provide proof of said coverage to COUNTY at COUNTY'S request at any time during the term of the Agreement.. E 37. NO PERSONAL LIABILITY No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation of any member, officer, agent or employee of the Board of County Commissioners of Monroe cm County in his or her individual capacity and no member, officer, agent or employee of the Board of County Commissioners of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U) 38. EXECUTION IN COUNTERPARTS 0 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. 39. EXECUTION BY COUNTY ATTORNEY 4) 18 Packet Pg. 1495 D.8.d Due to litigation, court scheduling constraints and in order to allow ATTORNEY to begin representation in a timely manner this agreement may be executed by the County Attorney prior to final approval of the Board of County Commissioners; in the event that the agreement is not approved by the Board of County Commissioners, ATTORNEY shall submit an invoice for the time and expenses incurred from the date of execution by the County Attorney until the Board of County Commissioners voted not to approve this Agreement. E C) U) [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 0 0 r_ U) U) M 0 U) 0 0 19 Packet Pg. 1496 D.8.d IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and date first Written above. MONROE TY By: /✓ Roman Gastesi: County Administrator for Monroe County,Florida Date: InI-1-01 11,.Z I rr 7XI,r SAKE O ELSO , AN CA WELL & BERKOWITZ,PC CD ::;a -� N B Y� E bbott,Esq. . L; n OF COUNSEL and Authorized Representative ny DATE: THE BOARD OF COUNTY COMMISSIONERS hereby ratify the foregoing Agreement between Monroe County and BAKER,DONELSON,BEARMAN, CALDWELL& ,BERKOWITZ,NPC. (SEAL) `1��- ,t BOARD OF COUNTY COMMISSIONERS Attest: KEVINMADOK OF MONR E COUNTY By: Deputy Clerk ayor �/�t� 2! DATE: r MONROE COUNTY ATTORNEY )I�P 0 D AS TO FORM: 4) CHRISTINE LIMBERT-BARROWS ASSISTANT COUNTY AT RNEY DATE: 1 as 20 Packet Pg. 1497 D.8.d Attachment A Letter of Engagement t� U) M U) U) M CM CM CD r_ 0 U) 0 21 Packet Pg. 1498 I� SON '901 K STREET,N.W. BAKER-DONE�p.1 SUITE 940 BEARMAN, CALDWELL BERKOW1TL, PC WASHINGTON,D.C.20001 PHONE: 202.568.3400 FAX: 202.508,3402 i WWW.bakerdonelson com ERAIEST B.Anarr,OF COUNSEL 0 Direst Dial:202.508.3425 4) U) Direct Fax:202.226.2225 E-Mail Address:eabb-ott@bakerdonelson.com March 1,2019 1TRANSM TE D By lE-n4m(SiuLLi11GER-BoB@Mo1RoFCoU1TY-F L. v) Robert Shillinger Chief Assistant.County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33040 r_ RE: Hurricane Irma Response and Recovery- FEMA U) Dear Mr. Shillinger: M We are pleased that 'Monroe County has asked Baker, Donelson, Bearman, Caldwell & Berkowitz, PC to assist with FEMA issues arising from Hurricane Irma, and specifically with the OE County's administrative appeal of FEMA's denial of a significant costs incurred by the County under its debris removal contract(s). It would be our pleasure to work with you on'this matter and others as we may mutually agree in the future. cm The work we discussed was to review the County's administrative appeal as filed on February. cm 15, 2019, to evaluate the strength of the appeal and, if appropriate, to prepare one or more supplements to the appeal to increase the probability of success. however, this engagement is broad enough to allow 00 us to perform services pertaining to any other dispute with FEMA that may arise as Hurricane Irma PW obligations go forward. This letter, when executed byMonroe County, confirms our engagement as counsel and provides 0 certain information concerning our fees, billing and collection policies, and other terms that will govern our relationship. Although we do not wish to be overly formal in our relationships with our clients, we have found it a helpful practice to confirm with our clients the nature and terms of our representation. (1 0 do understand that Monroe County may wish to use a Monroe County form of contract in lieu of this letter, and we will of course review it,to assure its terms are.acceptable.) ALABAMA-FLORIDA a GEORGIA-LOUISIANA-MARYLAND-MISSISSIPPI-SOUTH CAROLINA TENNESSEE-TEXAS e VIRGINIA o WASHINGTON,D.C_ 4835-167U537v 1 Packet Pg. 1499 Mr. Robert Shillinger March 1, 2019 Page 2 Our engagement will be terminable at will by either of us, subject to payment of all fees for services performed and costs advanced through the date of termination. We will bill you monthly based upon hourly rates. My current rate is $510 per hour. The rates of the Baker Donelson disaster recovery group lawyers likely to be assigned to this matter range from $275 per hour to $365 per hour, and the rate of the disaster recovery group paralegal (primarily used for cite/fact checking and filing logistics is $190 per hour. Our rates are periodically adjusted and the rates of attorneys working on your matter may be raised based on market considerations and/or increased seniority or specialization of the lawyers involved upon thirty (30) days written notice. You will be , billed for reasonable expenses, such as travel,binding and photocopy expense,telecopies, etc. E If we are called upon to issue any written opinion, comfort or other similar letters, it is our practice to charge a premium in addition to billings at hourly rates. Of course, any premium billings will be discussed with you in advance. Attached to this letter is a summary of the terms of engagement that will apply to our representation. Please review these and let me know if you have any questions concerning our policies. This engagement is limited in scope in the following respects. The Firm is not Monroe County's general counsel; while there are a plethora of issues from this natural disaster, the Firm is only engaged 0 for a few discrete tasks. Specifically, the Finn agrees to engage as the Monroe County's counsel on FEMA issues arising from Hurricane Irma, including administrative appeal of FEMA determinations, advice on how to comply with FEMA, eligibility regulations and policies applicable to FEMA disaster assistance grants, work funded by federal grant funds, and the interplay between disaster assistance and insurance and other funding. This may include review, for FEMA eligibility and federal grant h regulatory compliance, of various contracts and forms of contract for Monroe County, including those funded in whole or in part by state and federal grants, and review of leases and insurance policies for Ew- their impact on federal assistance. We have not been engaged to perform any other services. When our E advice and assistance on these matter(s)is concluded, this limited scope engagement will be concluded. We have explained to you that Baker Donelson represents abroad range of clients that may be involved in various aspects of recovery efforts from natural disasters such as Hurricanes Matthew, cm Harvey, Irma, Maria, Irma and Michael. Those clients include states and municipalities and their cm various agencies, specifically including local governments and public authorities; non-profit entities eligible for FEMA disaster assistance; private contractors that engage in multiple industries, including program management, design and engineering, debris removal and construction; other public and private 22 property owners; project owners; insurance companies; and third party administrators and individuals. We also have a robust pro bono practice as our lawyers contribute their time to those in need. Thus, the Firm assists a number of different types of public and private entities and individuals, both regarding their FEMA claims and appeals and to represent contractors in various clean-up, removal and construction industries. In the course of our representation, the Firm may obtain confidential information regarding one party which may be of interest to the other. We cannot disclose such information. The Finn plans to vigorously represent Monroe County in this engagement as outlined above and will vigilantly protect the confidentiality of our communications with Monroe County. We also plan to vigorously represent the 4835-1677-453M Packet Pg. 1500 Mr.Robert Shillinger March 1, 2019 Page 3 Firm's other clients on their matters and will vigilantly protect the confidentiality :of our communications with these other clients as well. Monroe County acknowledges in this engagement the Firm's representation of these other clients and their claims and agree-that by accepting this limited scope engagement,Baker Donelson will not be precluded from representing the Finn's other clients now and in the future in these various aspects..of the disaster recovery process including transactions and litigation, unless the specific work and advice we provide to Monroe County, or the specific project that is subject of an administrative appeal we pursue on behalf of Monroe County, is directly at issue. Monroe County also acknowledges that the Firm's , review of a specific contract or form of contract for FEMA and federal regulatory compliance is not a general.engagement with.respect to that contract or project and is not an engagement to review the scope of work, design, engineering, change orders, or contract performance. Accordingly, should a dispute later arise between vendors or contractors and Monroe County; Baker Donelson's work reviewing a contract for FEMA compliance under this engagement does not present a conflict for Baker Donelson'.s representation of the vendor or contractor adverse to Monroe County. Thus, some of Firm's representations of other clients as noted above may bear a relationship to similar FEMA work we perform for Monroe County and some of our other clients may even be adverse to Monroe County in transactions and disputes, including litigation. You and the Firm.agree that so long as the specific work and advice we provide to Monroe County is not directly at issue and so-long as we do not divulge any of Monroe County's confidences, we may represent our other clients in those matters. This engagement includes Monroe County's waiver of the conflicts of interest that might otherwise arise by virtue of our -engagement with Monroe County as outlined herein and consent to the representation by Baker Donelson of other parties in transactions and disputes,including future litigation. If the terms described above-arid in the attached summary are satisfactory, please have a copy of the letter signed and returned to me. We are grateful for the opportunity to work with you in connection with this matter, and we look , forward to a mutually satisfactory relationship. Sin, ezey� cc t� 6 pt Ernest B. Abbott Enclosures cc EBA/mmm AGREEMENT WAIVER:AND CONSENT We. have carefully read the foregoing letter, have considered all information necessary and useful in 4835=1677-4537v1 Packet Pg. 1501 Mr. Robert Shillinger March 1, 2.019 Page 4 determining whether,or not to consent to the-representation outlined above and to waive the conflicts of interest described therein. We have been encouraged to consult with independent counsel regarding this consent to representation and waiver of the conflicts of interest. We are fii11y aware of our legal rights in this regard. Upon reasoned reflection,we hereby voluntarily agree to waive these conflicts of interest and confirm our consent to the Baker Donelson representations as outlined above. In addition, we agree that we will respect the confidences of the other clients with Baker Donelson and the attorney-client privilege with respect to the;other clients,of Baker Donelson. m Dated: U) MA Cm Cm 0 U) 0 4835-1677-4,537v1 Packet Pg. 1502 BAKER,DONELSON,BFARMAN,CALDWELL&BERKO.WITL, llC. TERMS OF ENGAGEMENT We appreciate your decision,to retain Baker,Donelson,Bearman, 8. SCOPE OF OUR DUTIES. We .will provide the legal services Caldwell&Berkowitz, P.C. (the"Firm") as your legal counsel. Our generally described-in the engagement letter that accompanies this initial engagement is limite4 to the matter(s) identified in the attachment. You will provide us with such factual information and � engagement letter that accompanies this attachment. The following materials as we require to perform the services identified in the summarizes our billing practices and certain other terns that will apply engagement letter,and will make such business or'technical decisions to our initial and any future engagement., and determinations as are-appropriate. It is understood that you are 1. MoNTHLY BILLING. We will bill monthly throughout the not relying on us for business,investment,or accounting,decisions,or engagement for a particular matter, absent an express agreement to to investigate the character or credit of persons with whom you may be the contrary,and our statements are'due within 30 days from the date dealing, unless otherwise specified in the letter. We will keep you qd they were rendered. In instances in which we represent more than one advised of developments as necessary to perform our services and will person with respect to a matter;each person that we represent is jointly consult with.you as necessary to ensure the timely, effective and and severally responsible for our fees and expenses with respect to the efficient completion of our work. U) representation. Our statements contain a concise summary of each 9. ETHICAL MATTERS. Regarding the ethics of our profession matter for which legal services are rendered and a fee was charged, that will govern our representation,several points deserve emphasis. 2. DEUNQUENCIES. 'In the event that a statement is not fully As a matter of professional responsibility,we are required to preserve Gg paid within 60 days from the date it was rendered,we will have the the confidences and secrets of our clients. This professional obligation discretion to determine whether our withdrawal from this matter is and the legal privilege for attomey-client communications exist to appropriate under the circumstances. By retaining us under these encourage candid and complete cornimunication between a client and terms, you,agree that we are entitled to attorneys'fees and costs if its lawyer. We cart perform truly beneficial services for a client only if collection activities are necessary. You also agree that non-payment of we are aware of all information that might be relevant to our am statements shall entitle us to stop work and withdraw from your representation. Consequently, we trust that our _attorney-client representation in any court or administrative proceedings and you relationship with you will be based on mutual confidence and agree not to contest any such withdrawal. unrestrained communication that will facilitate our proper representation 3. RETAINERS AND ESTIMATES. When establishing fees for of you. Additionally,you should be aware that,in instances in which we services that we render,we are guided primarily by the time and labor represent a corporation,limited liability company,limited partnership or required,although we also consider other appropriate factors,such as similar legal entity,our client relationship Is with the entity and not with the novelty and difficulty of the legal issues involved; the legal skill its individual executives,shareholders,directors,partners,or persons in required to perform the particular assignment; time-saving use of similar positions. in those cases,our professional responsibilities are resources(including research,analysis,data and documentation)that owed to the entity. Of course, we can also represent individual we have previously developed and stored electronically or otherwise in executives, shareholders, partners and other persons related to the quickly retrievable form;the fee customarily charged by comparable entity in matters that do not conflict with the interests of the entity. qd firms for similar legal services;the amount of money involved or at risk- Because we are a large,full-service law firm with offices located and the results obtained; and the time.constraints imposed by either throughout Tennessee,in Alabama,in Florida,in Georgia,In Louisiana, you or the circumstances. The firm generally requires a retainer in an in Mississippi,in Texas and in Washington,D.C., lawyers in one office amount which is appropriate with respect to the prbposed or practice area may be(and often are)asked to represent a client with 0 representation. Unless otherwise agreed,the retainer will be applied to respect to interests that are adverse to those of another client who is the last statement rendered In connection with the representation. If represented by the firm in connection with another matter. Just as you any unearned portion of a retainer exceeds$20.00,it will be refunded would not wish to be foreclosed in an appropriate situation from to you. Otherwise,it will be retained by the firm. retaining a law firm that Competes with the Firm,the Firm wishes to be 4. INOUiRIES AND BILLING FORMATS. We, invite our clients to able to consider the representation of multiple competitors in.your discuss freely with us any questions that they have Concerning a fee industry or other clients who may have interests that are potentially charged for any matter. We want our clients to be satisfied with both adverse to your Interests,but with respect to matters that are unrelated U) the quality of our services and the reasonableness of the fees that we in any way to our representation of you. The ethics governing the legal charge for those services. We will attempt to provide as much billing profession permit law firms to accept such multiple representations 0 information as you require and in such customary form that you desire. assuming certain criteria are met as discussed below. 5,DELEGATION AND PERIODIC CHANGES IN RATES,In determining During the term of this engagement, our primary obligation and �^ a reasonable fee for the time and labor required for a particular matter, goal is to meet ,the legal needs of you - our valued client. we consider the ability, experience and reputation of the lawyer or Consequently, we agree that we will not accept representation of lawyers in our firm who perform the services. to facilitate this another client to pursue interests that are directly adverse to your E determination,we internally assign to each lawyer an hourly rate based interests unless and until we have made full disclosure to you of all the on these:factors. When selecting lawyers to perform services for a relevant facts, circumstances and implications of our undertaking the Gg client,we generally seek to.assign lawyers having the lowest hourly two representations,and you have consented to'cur representation of rates consistent with the skills, time demands and other factors the other client. You agree, however,that you will be reasonable In influencing the professional responsibility required for each matter. Of evaluating such circumstances and that you will give your consent if we Course, our internal allocation of values for lawyer times changes can confirm to you In good faith that the following Criteria are met: (i) periodically to account for increases in our cost of delivering legal there is no substantial relationship between any matter in which we are service,other economic factors,and the augmentation of a particular representing or have represented you and the matter for the other lawyer's ability,experience and reputation, We record and bill our time client; (i) our representation of the other client will not implicate any •_ in one-tenth hour(six minute)increments. confidential information we have received from you; (iii) our effective cm 6. EXPENSES. In addition to legal fees, our statements may representation of you and the discharge of our professional include out-of-pocket expenses that we have advanced on your behalf responsibilities to you will not be prejudiced by our representation of the and other charges(which may exceed direct costs)for certain support other client;and(iv)the other client has also consented in writing based activities. The Firm reserves the right to submit expenditures of on our full disclosure of the relevant facts, circumstances and $100.00 or more to you for direct payment to the service provider. implications of our undertaking the two representations. a Advanced casts generally will include such items as travel expenses, By making this agreement,we are establishing the criteria that qd postage,riling,recording,certification and registration fees Charged by will govern the exercise of your right under applicable ethical rules to governmental bodies. Our charges typically include such items as long withhold consent to our representation of another client whose interests distance telephone calls, facsimile transmissions, overnight courier are adverse to yours. You will retain the right,of course,to contest in services,computer research .and charges for photocopying materials good faith our representation that the criteria have been met,in which sent to you or third parties agree' required for our use. Unless otherwise- event we would have the burden of supporting our representations to specifically agreed,you agree to pay us for these other charges on the you. following basis:(a)long distance telephone-published long distance The Frm's Privacy Policy is attached. rates;(b)facsimile transmissions-S1.00 per page for outgoing faxes and no charge for Incoming faxes; (6)computerized legal research is 10.TERMINATION OF SERVICE. Upon completion of the matter to charged at the rates charged to us by the service provider;and (d) which this representation applies, or upon earlier termination of our dS photocopying-$.20 per page, relationship,the attomey-client relationship wiil'end unless you and we 7. THIRD PARTIES SUCH As EXPERTS AND COURT REPORTERS. have expressly agreed to a continuation,with respect to Other matters. During the course of our representation, it may be-'appropriate or We hope,of course,that such a continuation will be the case. The necessary to hire third parties to provide services on your behalf, representation is terminable at will by either party subject to ethical These services may include consulting or testifying experts, restraints and the payment of all fees,aitd costs. In the unusual event investigators, providers of computerized litigation support and court that a court of competent jurisdiction refuses to permit the Firm to reporters. Because of the legal"work product"protection afforded to withdraw upon termination,you remain responsible for fees and costs. services that an attomey requests from third parties, in certain Your agreement to this engagement constitutes your acceptance situations our firm may assume responsibility for retaining the of the foregoing terms and conditions. If any of them is unacceptable to appropriate service providers. Even if we do so,however,you will be you,please advise us now so that we can resol4e any differences and responsible for paying all fees and expenses directly to the service proceed with a clear, complete and consistent understanding of our providers or reimbursing us for these costs. relationship. Packet Pg. 1503 BAKER,DONELSON,BEARBRAN,CALDWELL&BERKO\'VITZ;P.C. PRIVACY POLICY Under a recently adopt@d federal law;attorneys in some circumstances may be required to inform:their clients of their policies regarding privacy of client information. Attorneys have been and continue to be bound by professional standards of client confidentiality that are even more stringent than those required by law, Therefore, we have always protected,your right to privacy and the confidentiality of your information. Types of Nonpublic Personal Information We Collect We collect nonpublic personal information about you that is provided to us by you or obtained by us with your authorization. C3 Parties to Whom We Disclose Information U) For current and former clients,We do not disclose any nonpublic personal information obtained in the course of our practice except as agreed to by you,or as required under applicable law. Protecting the Confidentiality and Security of Current and Former Clients'Information We retain records relating to professional services that we provide so that We are better able"to assist you and,in am some cases, to comply with professional guidelines.. In order to guard your nonpublic personal information, we maintain physical,electronic,and procedural safeguards that comply with our professional standards. 0 Please call if you have any questions, because your privacy,our professional ethics,and the ability to provide you with quality legal services are very important to us. t� This notice requirement only applies to nonpublic personal information about individuals who obtain financial products or services primarily for personal,family,or household purposes,and does not apply to information"about companies or individuals who obtain such products or services for business,commercial,or agricultural purposes. td 0 0 0 a� U) U) ds CM CM CM CM M 0 U) \, Packet Pg. 1504 5/2019 Ernest Abbott I Baker Donelson D.8.e -BA. H, m. R... D 0NE1..........w, S ,N' M 2 Professionals Ernest B. Abbott Of Counsel 0 ashiiing[(h )ire, ID,(", T. 202.508.3425 F: 202.220.2225 U) Ernest Abbott is the co-leader of the Firm's Disaster Recovery and Government Services Team and has extensive 0 experience with the laws, regulations, policies and procedures relating to eligibility for federal disaster and mitigatior a assistance. Featured Videos Hurricane Recovery: Federal Procurement Guidelines for FEMA Aid Recipients September 13, 2017 Disasters & Public Health Emergencies on Campus: Planning and Preparing for New and Emerging Risks 2 September 16, 2015 Professional Biography Overview Mr. Abbott has extensive experience with the laws, regulations, policies and procedures relating to eligibility for federal disaster and mitigation assistance, the coordination of federal, state, local, non-profit and private sector responders in catastrophic events, and the elements of the National Flood Insurance Program, including insurance, I 0 floodplain mapping and floodplain management. Mr. Abbott assists his clients with issues pertaining to the Federal Emergency Management Agency(FEMA) Public Assistance Program, homeland security, the Hazard Mitigation Disaster Grant Program, flood insurance rate maps, public health emergency laws, disallowance and Office of w Inspector General (OIG) audits. Mr. Abbott is well versed in the administrative appeals process under FEMA's Public Assistance program, and he regularly represents applicants for public assistance in the arbitration process promulgated by Section 601 of the American Recovery and Reinvestment Act. https://www.bakerdonelson.com/Ernest-B-Abbott Packet Pg. 1505 3/5/2019 Ernest Abbott I Baker Donelson Mr. Abbott is a former general counsel of FEMA. In that role, he managed all FEMA regulatory development an coordinated the legislative program for all FEMA agencies. He led expedited development of regulations to implement the Cerro Grande Fire Assistance Act, which created a new $500 million FEMA compensation program. Mr. Abbott developed and implemented an integrated litigation and regulatory program to protect the National Flooc Insurance Program from punitive damage awards. He also created the FEMA Office of Dispute Resolution in the a E Office of General Counsel, which received special mention by the Justice Department. He has extensive regulatory experience with the management of critical infrastructure. U) Prior to his role at FEMA, Mr. Abbott worked as managing deputy general counsel of a $3 billion diversified natural gas company, where he led negotiations on a 275 billion cubic-foot international natural gas purchase contract and on the gas processing and liquids transportation aspects of the $500 million sale of a gas liquids business. He has 2 experience in toxic tort litigation and environmental corporate compliance programs. Mr. Abbott has also worked at r- the U.S. Environmental Protection Agency and the Interstate Commerce Commission. Professional Honors & Activities 0 • Professorial Lecturer in Law, Disaster Law Course — George Washington Law School, Washington D.C. (2011 — 0- present) 0 0 • Editorial Board Member—journal of Homeland Security and Emergency Management UHSEM) (2008 —present) q • Member—American Bar Association o Special Committee on Disaster Response and Recovery (2006 —present) o ABA Section of State and Local Government Law (2003 —2007); Founding Chair, Committee on Emergency Management and Homeland Security (2002—2009) o Chair, Multi-Section Task Force on Homeland Security (2005 —2007) 0 o Hurricane Katrina Task Force (2005 — 2006) • Associate Member—National Emergency Management Association 0 o Private Sector Liaison, Legal Committee • United States Soccer Federation 0- 0. o Referee (1989 —2016) o Associate Referee Instructor (2003 — 2014) 0 0 • Cathedral Choral Society 0 o Past President (2014—2017); Chair, Personnel Committee o Chair, Music and Program Committee of the Board of Trustees (2012 —2017) I o Second Bass • Great Falls United Methodist Church o Treasurer (2002— 2006) 0 o Chair, Personnel Committee (1997—2001) 1- w • Trustee—Arlington Temple United Methodist Church (2007—present) 0 Publications https://www.bakerdonelson.com/Ernest-B-Abbott Packet Pg. 1506 3/5/2019 Ernest Abbott I Baker Donelson • "11,ive-Year 11,ederA Aviation Administration kic�z.,nding 11lisaster Mie[11,z.,�nding and 1Rccovely Re[orrn" (October 2018) • "'I'lu-, Illisaste IRecovery Re[orrn Act, (-)[20 t 8: Key 11)rovisions A[[(-.,c1Jng 11 11 11 n.,mding" (October 2018) • "U )date: 11 IIWA lss.,ws Revised N-flicy on Akernative 11)oceck,res [or 11)irecf, Administrative Costs" (July 2018) • "t kn� ricane Season 20�8: 'I I ie Kasics (-A 1111,.MA's New Ake natilve llroce&.,res [or 10irect, Administrative Costs" E (June 2018) to • I lome land Security and Fmerg,-ency iWanag,-ement: A Leg,al Gruide fir State and Local GrovernmentsO, Co-editor; autho or co-author, Introduction and chapters "Representing Local Governments in Catastrophic Events" and "Catastrophic Events, the Law, and Federalism" (ABA Press: 1st edition 2005; 2nd edition 2010; 3rd edition 2018) ()�.,u-,stions on INsaster Respons(--, witti 11 Ahhott, ()[ (1'(-)ums(-d, 11;aker 11)ontdson" (November 2017) • "11;eware (-All ederA Recjj tirernents wlien SeHing or [.easing 11 acflities 11,ended by 11,11 MA" (September 2017) .2 iarv(--,y: Immediate Considerations [or h-npacted N-t(Hc and Non-11)r(-Aif, 11 Jititk-,s" (September 2017) 'T • 11,11 MA's 60-11)ay Aft)ft)eA 11)eafflines Now Stricfly 11 Against Aft)ftflicants and State (August 2017' • "011Gi 111nssliing ll II.1TA to on Cornlfliance" (November 2016) Orders 11,11 to 1Reinstate $2 �.8 Mfflion in 11 11)isaster Assistanct., 11,n.,mds" (October 2014) • 0 "Flood Insurance and Climate Change: Rising Sea Levels Challenge the NFIP," Fordham Environmental Law Review, Volume XXVI, Symposium 2014, No. 1 (2014) 0 r_ .2 Speaking Engagements 2 0 • "Looking Forward: FEMA Flood and Disaster Programs React to Increasing Disaster Costs and Budget Pressure,' — >1 International Municipal Lawyers Association (IMLA) 83rd Annual Conference, Houston, Texas (October 2018) =a • "How New FEMA Changes Impact Public Power," American Public Power Association Legal & Regulatory .2 Conference, New Orleans, Louisiana (October 2017) • "Getting Disaster Assistance from FEMA: the Basics, the Audits, and the Compliance Risks," Florida Municipal .2 U) Electric Association Annual Conference Only 2017) U) 2 0 • "Culture Work: Using Gamification to Change Lawyer Behavior and Develop New Business," 24th Annual Marketing Partner Forum, Los Angeles, California (January 2017) 0 • Moderator— "t 011i Antn.,W A11;A t k)rneLnd Secunity JL.aw IInstin-tte" (August 2015) r 0 • Moderator— "National Response and Recovery Framework: Legal Considerations in Emergency Management," 10th Annual ABA Homeland Security Law Institute, Washington, D.C. (August 2015) • "Ensuring Reimbursement by FEMA," American Public Power Association' 2015 National Conference, Minneapolis, Minnesota (June 2015) 0 .0 • Panelist— "FEMA's Public Assistance Program," 2015 National Hurricane Conference in Austin, Texas (March 2015) U) • "Update on De-obligation of FEMA Funding," National League of Cities (September 2014) W • Facilitator— "Hospital Executives and Disasters: A Stakeholder Meeting," The Centers for Disease Control and Prevention's Healthcare Preparedness Activity and the Oak Ridge Institute for Science and Education E (November 2013) • Panelist— "Disasters: 'Thinking About the Unthinkable," American Bar Association, Section of State and Local Government Law, Section of Litigation, Standing Committee on Disaster Response and Preparedness (October https://www.bakerdonelson.com/Ernest-B-Abbott I Packet Pg. 3/5/2019 Ernest Abbott I Baker Donelson 2013) • "Review of Disaster Law,"Journal of Homeland Security and Emergency Management (2011) Webinars • L.or�g ierrm Garr. 11)isaster IReaditiess: i Bow 11 acnlity Cate 11)r ft)are, II esII)oiid, acid IR(:,cover (November 2017) • i h.,� rBcatirr IRecov(rry: 11 ederA 11)rocurr.rmetnf, [or II 11 Aid IReciII)ietrts (September 2017) � • 11 isaster ,s and 11)z.,i rftic B leakh Il.rmr rgr.r�cBr s ��at�r�Br�g ar�tft Il�rr BrarBt�g B� r fir es arr ft Il.rmr rgBr�g If i 4 s (October 2015 • II_)saster ,s and 111z.,ihhc i leakh Il.rmr,,rgeT,1cir,,s oti CarmBrz:rs I111atiriBrig acid II'rr:,Braritig [or New and I,Xner girig IRisks � (September 2015) Press Releases • Joe hifl(-.,,y to Ghahr B B1,h ArirnrWl B Bormeftarid Secunity B.aw kistinrte Only 26, 2016) .2 • Joe hiflrry to Chair BOthAtun,a)L B Borme➢arid Secr.nity B.aw i istinrte (August 20, 2015) ° In the News • 11:nu,st,Afhfhott Cor-mrmr.ras itn /ashitrgtoti 11)os orr 11)os ihih y o ]I 11 II Aid 1E eitig 1I)eiiBed Boor 0 Cah[ortria's Wfld[Bre 1Recovery II111'ortsl (January 10, 2019) 0 r • _:r1 Ahh(-)tt 11)iscl .,sses 11)rk'sidG tif,U A�Jtthorify to 11)rovide 11)isaslleC' Recovery Assistatice hide I1➢e S11alIford Act, it, q� I he Aflatrticl (January 10, 2019) 2 • 11_:rtiesf,Afhfh(-)tt 11 iscusses Goraractor lssues II'(rlated to i larvey II esII)otise 11.11forts itn 1.aw.3601 (September 1, 2017) • 11 li.fhho t Cor-mrmetits otr 11 II.MA's II'rrl)ayrmetrf, 11)er-marids to gaudy Victirms (December 2, 2014) Videos • i h.,� rBcatie (Recovery: 11 ederA [or 11 11_:IIli Aid IReciII)ietrts (September 13, 2017) � • 11 isaster ,s Il)z.,ih Bc B leakh 11?nne geticB(:,,s on CarnIIn,s: lNatuiitig and 11)rq)aritig Barr f° ew and Il rne gBtig 11�isks I- CL (September 16, 2015) r_ 0 0 Practices • Diisas1[eit IRt:c(t )vt iry airid i3(� )veirir�iririieiri1h Seirviice • Shr::[e NLdiic ?(:diicy Adwxacy • (3(()veirir�iririieiriih Vim. .. ., �s:rrilhrad; • (3()veirir�iririieiri1h IRt:.11alh(i )iris airid?: .slLdiic?(:liicy Industries • f....Nii9heir IC::&cr:[ii()ir� • u.slLdiic?(: iicy airwfacBu.)Hirig) https://www.bakerdonelson.com/Ernest-B-Abbott Packet Pg. 1508 3/5/2019 Ernest Abbott I Baker Donelson Education • Harvard University School of Law, J.D., 1976, magna cum laude • Harvard University Kennedy School of Government, M.P.P., 1976 • Swarthmore College, B.A., 1972, with high honors Admissions U) • District of Columbia Bar, 1977 • Massachusetts Bar, 1977 • Texas Bar, 1985 ©2019 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC 0 0 r_ U) U) 2 U) U) 2 0 I- CL r_ 0 0 I https://www.bakerdonelson.com/Ernest-B-Abbott Packet Pg. 1509 3/5/2019 Wendy Huff Ellard I Baker Donelson �� .� i� „� w�� ��� ��,� � � �� ion��� �m�R��� ��� � ��„ � �' :� ����.. �. m�. � H, m. ,� �:�. ��� ,� �MwWm� �����������ul. i��������, I�m������i�mmm� IIIIIIIOIuu ill �114�owww. 4 uy�uwtiw /� ePJ din �'k U) M i r 2 Jrr ��rrrrrr� a� Professionals Wendy Huff Ellard Shareholder C JacIk,s(()in U) T. 601 .969.4681 F: 601 .592.2405 0 Wendy Huff Ellard is the co-leader of the Firm's Disaster Recovery and Government Services Team and maintains a , 0. national regulatory practice focused on disaster recovery, government contracting and public policy. T 0 Featured Video Hurricane Recovery: Federal Procurement Guidelines for FEMA Aid Recipients September 13, 2017 eA Professional Biography CL Overview Ms. Ellard maintains a national regulatory practice focused on disaster recovery, government contracting and public O policy. She has extensive experience with the intricacies of the Robert T. Stafford Disaster Recovery and Emergency Assistance Act and regularly represents public and not-for-profit entities, contractors and industry associations to support grant eligibility and federal procurement compliance. Ms. Ellard has devoted more than ten years almost exclusively to assisting clients with the legal and policy issues associated with disaster response and recovery. During this time, she has represented varying stakeholders and gained insight from different perspectives. Her unique knowledge and awareness of prior policy applications and interpretations applicable to the recovery process contributes to the effective, efficient approach she brings to her practice. E Ms. Ellard focuses a large part of her time on the various forms of dispute resolution available under FEMA's Public Assistance and Hazard Mitigation Programs including appeals pursuant to 44 CFR § 206.206 and arbitration pursuant to 44 CFR § 206.209 for Hurricanes Katrina and Rita. Since 2007, Ms. Ellard has served in the state of https://www.bakerdonelson.com/wendy-huff-Ellard I Packet Pg. 1510 3/5/2019 Wendy Huff Ellard I Baker Donelson D.8.f Mississippi by providing regulatory and policy advice to aid the FEMA recipient/grantee in its administration o more than $3 billion in federal disaster aid, including the preparation and submission of responses to more than 300 administrative appeals. She has also represented public and private non-profit subrecipients/applicants throughout the country in navigation of the complex federal and state regulatory frameworks to help those entities obtain and E maintain federal funding. This work has included counsel through all aspects of the state and federal audit process, including those performed by the Department of Homeland Security's Office of the Inspector General. Ms. Ellard also devotes a significant amount of time to representation of public power entities and rural electric = cooperatives, including on issues regarding proper procurement for federally funded projects, legal responsibility CD requirements and work/costs eligibility. She has prepared procurement templates and systems, as well as FEMA specific guidance documents for individual entities and statewide and national associations. .2 Professional Honors & Activities • AV° PreeminentTM Peer Review Rated by Martindale-Hubbell 0 • Named a Mid-South Rising Star by (2015 —2018) • Named a Top 10 Finalist in 's "Top 50 Under 40" (2018) 0 0 • Named as one of s "Top 10 Attorneys in Mississippi" (Class of 2018) U, U) • Named as one of s 50 Leading Business Women in Mississippi (2017) 2 • Mississippi Bar Association o Young Lawyers Division 00 o Disaster Legal Assistance Committee Director (2012—2013); Committee Member and County 2 Coordinator (2011 —2012) 0 • Mississippi Bar Leadership Forum (2013) 0 • American Bar Association U, U) o Member— Standing Committee on Disaster Response and Preparedness (2015 —2018) 2 0 o Young Lawyers Division o Selected as an "On the Rise - Top 40 Young Lawyer" (2017) 0 0 o Received the "Star of the Quarter" award (2016) 0 o Liaison to the Standing Committee on Disaster Response and Preparedness (2014—2015), (2015 — 2018) o Vice Director to the Disaster Legal Assistance Team (2014 —2017) o Vice Chair to the Committee on Dispute Resolutions (2013 —2014) w o Member— Commission on Women in the Profession o Member—Forum on the Construction Industry • Capital Area Bar Association o Recipient— Outstanding Service Award (2016) o Chair of Women's Initiative (2014—2016) • Mississippi Women Lawyers Association o President (2016 — 2017) o Vice President/President-Elect (2015 —2016) o Treasurer (2013 — 2014), (2014—2015) https://www.bakerdonelson.com/wendy-huff-Ellard Packet Pg. 1511 3/5/2019 Wendy Huff Ellard I Baker Donelson o Board of Directors (2012 —present) o Founding Member— Susan G. Komen Breast Cancer Foundation Initiative o Member—Day of Leadership Committee (2011 —2012) • National Emergency Management Association E o Member— Focus Group for Private Sector Committee; assisted with preliminary comments to Federal Emergency Management Agency's white paper, "Procurement Challenges in Private Industry During Disasters" Only 2014) • Recipient—judge Charles Pickering Pro Bono Attorney of the Year Award, Baker Donelson,Jackson (2018) _ • Recipient—The Lewis Donelson Public Service Award, Baker Donelson,Jackson (2016) Civic Activities • Member—Advisory Board of the Mississippi Center for Violence Prevention Publications a • 11 II.MA's New ltntet�inm Ilkolicy IRecjftntnnes Clnonce otn Matnagetrmetnf, Cost lillocatnotns by 11 ehnnn y 12" (January 2019)) 0 0 • "New II.0nncs Ofttntnnotn 0[[ens ]ntrmely IRenmitnder oA IL.awyets' ll2tttnes A[ten� 11iisas ensl ," (December r- 2018) U) 0 • 11 nve--Yean II edenA Avnatnotn Admmitiisnatiorn Il �natn�}nori a�notn, kick.,ndnrng 11)isaste� lMie[ll zntndntng atoll Relornm" (October 2018) • "")[inn Il)isas en JRecove y IRe[onnm Act (_ 120 t 8: Key Il)novisiotts A[[ect:ntng 11 11:V/i II (October 2018) • "LTdate: II II.MA Ilss.,ws (Revised (P(-licy otn A eniatnve ll'noceck.nts [on Iliirect Adnmitiisnatnve Costs" Only 2018) 0) 0 • "yBnnnticatne Seasotn 20�8: Tln(n (Basics (_A ll,11.MA's New A en iatnve Procedunes [or lNrectlidtrmitiisnative Costs" M (June 2018) _ 0 • ' co-author of chapter, "Catastrophic Events, the Law, and Federalism" (ABA Press: 3rd edition 2018) 0- CL • "ll Holiday lnaditnotis Wliat Il;nntngs You Joy IlXnitng Ou, i Holidays?," (December r_ 2017) • "Otn My Ilioos}hell: " 0 (October 2017) • "]beware oA ll ederA I[�etpnnnttermernts wlneti SeHitng o [.easnrng 11acnlnties 11 nnrnded fhy 11 11 MA" (September 2017) I • "ll It IS Seeks to II.ase o[ i Kutnncatne otn i k.,,Atli Cane i)rgarnnratntrtts" (September 2017) • "yBnnnticatne i Canvey: >nm mediate Cotnsnderatnorns [or hrmpacted I1)n.,i he atnd Notn-Pro[if, 11 Jitnties" (September 2017) • "Cotntractntng Lhiden ]Eedet�A P oct.nt.rmernf, A[ten i h.,rnncatne iE arvey" (September 2017) 0 x • 11 11.MA's 60-11)ay YftnftneA 11)eafflnties Now Strictly 11 Ji onc(-.,,d Agantnst Aft)ftflicatits avid Staten (August 2017' • � � ��nn1, Tkn(. Secret to A.tftvatnc�.nm�nrnt: Storiess o�� Succe s a slit� �Tonmern �.�wyer.u�, American Bar Association, Chapter 3, Linda A. Klein Only 2017) • Featured— "Panetnial➢ eave for Mon-ns Y:N11) Il iadsO," (June 2017) • "Satncnuany Jntrisdnctiotn (policy Cottkd hrml)acf, 1Nsas er 1Recovery" (February 2017) � • 11 11 MA lRetpnihes Conmfttlnatnce wntln NatiotiA Statndand llinnnlditng Codes [or lRes oratnotn of 11 acilitnes Ihutnded Thnonngkn INnMic Assistatnce Gautnt Pnogtw-n" (February 2017) https://www.bakerdonelson.com/wendy-huff-Ellard Packet Pg. 1512 3/5/2019 Wendy Huff Ellard I Baker Donelson • "Navigating FEMA Public Assistance for Disasters, A Guidebook for Public Power Utilities," (2015) • "Co��tt Orders II II.f 1A to 1Reiiis ate $2 �.8 1` fflioti nri 11 11)isaster Assistance IF i�iids" (October 2014) • Co-author— "The Young Lawyers Guide to Preparing for Mediation, New Issues Regarding Neutral Disclosure E and the Use of Technology in ADR, and ADR Rule Changes," with K. Greenberg and B. Schwartz, American Bar U) M Association Annual Meeting, ADR Roundtable, Boston, Massachusetts (August 2014) • Contributing Editor— "Flood Insurance and Climate Change: Rising Sea Levels Challenge the NFIP," Volume XXVI, Symposium 2014, No. 1 (2014) _ Speaking Engagements • "FEMA Procurement Update: Recent Issues for Cooperatives," Electric Power Associations of Mississippi, Ridgeland, Mississippi (October 2018) • "Looking Forward: FEMA Flood and Disaster Programs React to Increasing Disaster Costs and Budget Pressure,' International Municipal Lawyers Association (IMLA) 83rd Annual Conference, Houston, Texas (October 2018) • "FEMA Procurement Requirements: What's New and What Do You Need to Do to Comply?," Tax, Finance & Accounting Conference for Cooperatives (August 2018) 0 r_ • "")[apt, 11 ntiatic(t & Accoz�111ntig Co11[( tetic(t dot. Coo�ietatnves" (August 2018) • "Post-Disaster Assistance from FEMA: the Basics, the Audits, and the Compliance Risks," "Tennessee Municipal � 2 Attorneys Association, Knoxville, Tennessee (June 2018) • "The Disaster Roadmap: Leveraging Funding and Best Practices," American Bar Association (December 2017) • "Hurricane Recovery: Federal Procurement Guidelines," City of Houston Department of Public Works and 2 Engineering, Houston, Texas (November 2017) 2 • "How New FEMA Changes Impact Public Power," American Public Power Association Legal & Regulatory Conference, New Orleans, Louisiana (October 2017) U, U) • "FEMA Procurement: Recent Issues for Cooperatives," Electric Power Associations of Mississippi, Purchasing 2 0 Section Meeting, Ridgeland, Mississippi (October 2017) CL 0 • Guest— "Wonmeti for 11)togress 1Radiol" Only 2017) U) • "FEMA Templates & Documents Procurement Workshop," Oklahoma Association of Electric Cooperatives 0 (April 2017) • "How New FEMA Changes Impact Your Co-Op," Texas Electric Cooperative 44th Annual Managers Conference (December 2016) • "Procurement under FEMA's PA Program: Standards of Conduct and Prohibitions re Gifting," Nebraska Rural w Electric Association Legal Seminar, Lincoln, Nebraska (September 2016) • "Understanding Procurement Rules Under the FEMA Public Assistance Program," Florida Municipal Electric Association's Hurricane and Emergency Preparedness Forum & Roundtable (June 2016) _ • Host/Presenter— "Women's Empowerment, A Project for Turkey," U.S. Department of State, Bureau of Educational and Cultural Affairs, International Visitor Leadership Program (June 2016) • Moderator— ""The Courage to Lead...In the Courtroom," Mississippi Women Lawyers' Association Eighth Annual Day of Leadership, "Empowering Women with Strength of Unity and the Courage to Lead,"Jackson, Mississippi (May 2016) https://www.bakerdonelson.com/wendy-huff-Ellard Packet Pg. 1513 3/5/2019 Wendy Huff Ellard I Baker Donelson • "Protecting Public Power Utilities' Eligibility for FEMA Assistance," American Public Power Association (Ju y 2015) • "In the Eye of the Storm: Disaster Response and Resilience," American Bar Association, Forum on the Construction Industry, Annual Fall Meeting, Chicago, Illinois (October 2014) E • Panelist— "Reducing Vulnerability and Increasing Resilience," Fordham Environmental Law Review Symposium Eye of the Storm - Hurricane Sandy Response and Rebuilding Strategies Through the Lens of Environmental ca Justice, New York, New York (February 2014) • "Rebuilding a School System After a Natural Disaster: Lessons Learned," ABA Mid-Year Meeting, Section of State ,_ and Local Government Law, New Orleans, Louisiana (February 2012) Webinars • [.Drug"hen m Cary. Ilidsasten IReaditiess: � Bow 11 acnlity Cann 11)r ft)at, II'esIxmd, acid IRk-.,,cover (November 2017) • i0nnnndcaiu., 1Recovery: 11 ederA 111r�ocu.ntr-mein Go.,6de ii es [or Aid 1Recil)nernts (September 2017) 0 Press Releases 0 • 86 IIiake: I10otu.,,koti Attortunys Nanmed to 2018 Mid--Sozoli Sz.,q)en 1_.awye.n s; 43 Nanmed to I` id--S(_)zoli 1Risirng Stan,s (November 8, 2018) U) 0 . 94 Iliake: II)otu.,,koti Attortunys Banned to 201 7 Mid--Sozoli Sz.,q)en 1_.awye.n s; 53 Banned to Mid--S(_)zoli 1Risirng Stan,s 0 (November 7, 2017) • /(nrndy Receives Ai-nericarn 11;an Association's "011 11nn IRist. 44�) 40 Lawyers" Award Only 19, � 2017) • 11taken lI)ot ekorn Atitioznrnctns NeMy I1lected S1,mt1,n(_fld(,,rs II inm-Wide (May 15, 2017) ° • 98 Iliake: 11)ot,ndsoti Attortunys Banned to 2016 Mid--Sozoli Sz.,q)en 1_.awye.n s; 57 Banned to Mid--S(_)zoli 1Risirng Stan,s (November 14, 2016) U) 2 • Wnrndy <dnndd II'>Ud Receives Caft)if,A Ai ea Ilian A.ssociatioti's "Onosaatnditig Se vice Award" (May 3, 2016) 0 CL • Werndy Rec(rgni (-.,,d by Ai-nericarn Irian Associatioti's 1(outng ILawye�`s 11)1visioti (March 10, 2016) r_ 78 Iliake: II)otu.,,koti Attortunys Banned to 201`:i Mid--Sozoli Sz.,q)en 1_.awye.n s; 43 Banned to Mid--S(_)zoli 1Risirng Stan,s (November 12, 2015) 0 • Wnrndy 11. 11]Ud Ad)l) iiiu:nd to Anmenicarn Ilian Associatioti'sYoznrng B.awye s INvisiotn II(_fle (June 12, � 2014) I In the News • /(nrndy ><dnndd II'>LUd Iheannned lirrmozng Vi1s 4n 4 4nft)I)n Ilionsnru 4 4jounrna)Ls 2015 10l) 50 Ltrnder 401? (May 25, 2018) • Werndy 111n(_(_A ed Anmorng Mississi4 )ft)i Iliznsii .,ss joz:nnrnaPs 2017 50 Leaditig 11iz:nsitn.,,ss V o/ -neti iti � Mississipl)il (September 29, 2017) • /(nrndy d dzndd Il]Ud ().u_) ed Brn Ililoon-nheng I1;NA oti II 111:MA Assis arnce [o 1 h.,n ndcarne 1 danvey II hnsf, IRes4)orndknn,sl � (August 30, 2017) • /(nrndy <dnndd II'>Ud 11, mooned oti WJN"B=-A.M ''_)omen fon 11)rogntss' Only 26, 2017) d • Werndy atnd 11 in-n's 11'arernfal Leave 111ofldcy i0lg1dig1n1(-.,d iii (June 15, 2017) https://www.bakerdonelson.com/wendy-huff-Ellard Packet Pg. 1514 3/5/2019 Wendy Huff Ellard I Baker Donelson - W(-.,ndy 11 Hard 11,ean-utd (-)n Mississi�)�)i 11)z., hhc Br(mcicasting Regarding [.egg lss.,ws 11,aced by Disaster S�.,u, (February 14, 2017) 91 E Videos • k,�rricane Rec(wery: 11 ederA I)r(-)cuutrnent k-)r 11 11 Aid 1Reci< )ients (September 13, 2017) U) E Awards .2 eYS Weir,iidy --Wff Weiriidy --Wff 0 0 r_ Practices .2 U) U) • Diisastei� IRec(���)veiry and (3(�)veirinirnein[ Seirviices 2 • (3(�)v it inirne in[ • ["edeir6l Aeir(�)s�[.mce and Defense IP(�)kcy • (3(�)veirinirnein[ Re lah(�)ins and IPuLukc IP(�)kcy • State IPuLuhc P(�)hcy Adwxacy .2 .2 U) Industries U) 2 Pu(ukc IP(�)hcy (Mainufach)Hinq) 0- CL r_ 0 Education 0 • The University of Mississippi School of Law, J.D., 2007, cum laude • Mississippi State University, B.A., 2003, summa cum laude Admissions W e Mississippi, 2007 Q201 9 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC E https://www.bakerdonelson.com/wendy-huff-Ellard Packet Pg. 1515 5/2019 Danielle M.Aymond I Baker Donelson D.8.g -BA. H, m. R... D 0NE1..........w, S ,O,,N' 2 i /n Professionals Danielle M. Aymond Of Counsel U) T. 225.381 .7039 2 F: 225.343.3612 Danielle Aymond concentrates her practice on disaster relief and emergency management, utilizing a background '° a with the Louisiana Governor's Office of Homeland Security and Emergency Preparedness and the Louisiana Army National Guard to provide advice on key emergency regulatory issues. Professional Biography Overview CL Danielle Aymond joined Baker Donelson after serving as executive counsel of the Louisiana Governor's Office of 0 Homeland Security and Emergency Preparedness (GOHSEP). While serving in this role, she was the state's legal 0 advisor through five presidential declared disasters, including the Great Floods of 2016. She is also a Captain in the Louisiana Army National Guard. I Captain Aymond authored legislation during the 2017 Regular Session of the Louisiana Legislature that updated the Emergency Management Assistance Compact (EMAC). She also authored two bills in the 2018 Regular Session that updated dozens of emergency management statutes, including creating a new process through which volunteers are named agents of the state in a disaster. Captain Aymond served on a Federal Emergency Management Legislation Z Reform Committee organized under the National Emergency Management Association (NEMA) that assisted in the writing and passage of the Disaster Recovery Reform Act of 2018. She also served as the legal chair for NEMA's Response and Recovery Committee and was asked to serve as the legal chair of NEMA for 2019. Captain Aymond is GIAC certified in Law of Data Security and Investigations (GLEG). https://www.bakerdonelson.com/danielle-m-aymond Packet Pg. 1516 3/5/2019 Danielle M.Aymond I Baker Donelson p $g Captain Aymond entered the Louisiana National Guard's Judge Advocate General's Corps in 2011, and she current y serves as deputy regional defense counsel. Her previous assignments include trial counsel of the 256th Infantry Brigade Combat Team, trial defense counsel, and command judge advocate for the Louisiana Aviation Command. Captain Aymond served as a full-time attorney-advisor from 2013 to 2016 in the Office of the Staff Judge Advocate o the Louisiana National Guard. Captain Aymond is a 2008 graduate of the Military Police Individual Training Academy, a 2011 graduate of the Louisiana National Guard Officer Candidate School, and a 2013 graduate of the Army Judge Advocate School. Captain Aymond is also a graduate of the U.S. Army Law of Domestic Operations course at the Judge Advocate School in Charlottesville, Virginia. Professional Honors & Activities • National Emergency Management Association (2016 —present) Z • Federal Emergency Management Legislation Reform Committee (2018) • National Guard Association of Louisiana (2011 —present) • Louisiana National Guard 0 o Louisiana Cross of Merit o Louisiana Emergency Service Award r_ o Louisiana Commendation o Leadership Honor Graduate Officer Candidate School • United States Army o Two Commendation Medals o National Defense Service Medal a Army Service Ribbon o Army Reserve Component Overseas Training Ribbon o Global War on Terrorism Expeditionary Medal 2 0 L_ CL Publications • "1E 11 RC hm�)oses Cybe�sec��rPty gtatidards oti "Hii d--IllanIy L tllnty Veindors" (February 2019) 0 • 11 11 CIA's New Iriu-.,r nm Poky II'eq., 1es Clloice on Matiage-netif, Cost Mlocatiotis by 11 ehn.wa y 12" (January 2019; Speaking Engagements • "State Disaster Legislation," NEMA Annual Forum (October 2018) 0 • "Louisiana Shelter at Home: Final Numbers," NEMA Mid-Year Forum (March 2018) • "Federal Contracting," National Sheltering and Housing Conference (2018) • "Procurement Tools," N EMA Annual Forum (September 2017) • "Louisiana Shelter at Home: Contracting and Oversight," NEMA Mid-Year Forum (March 2017) • "Disaster Procurement," Louisiana Legislative CLE (2017) • "Emergency Management Assistance Compact," Louisiana National Guard CLE (2016) E Press Releases https://www.bakerdonelson.com/danielle-m-aymond Packet Pg. 1517 3/5/2019 Danielle M.Aymond I Baker Donelson • 1)ani(-.dk.,, M. Ayrm)nd J(-Ans lBu ker 1)(-)n(-.ds(-)n's G>(-)vernrn(-.,,n1, R(-.da1J(-)ns and 11�.,�hhc N-flicy (December 19, 2018) to U) Practices M • Di�sastei� IRec(���)veiry and (3(�)veirinirnein[ Seirviices • (3(�)veirinirnein[ Re lah(�)ins and IPuLukc IP(�)kcy E • Data Pir(�Aech(�)in, P16vacy and C'yL�eirsecui6ty • (3(�)veirinirnein[ E�inf(�)irceirnein[ and Iliruveshiiqaitki )ins .2 Education • Louisiana State University Paul M. Hebert School of Law, J.D., 2010 • SANS Cyber Institute, Law of Data Security and Investigations (LEG523), 2018 • Millsaps College, B.A., 2007 0 0 r_ Admissions .2 U) U) e Louisiana, 2011 2 Q201 9 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC .2 .2 U) U) 2 0 CL r_ 0 0 0 E E https://www.bakerdonelson.com/danielle-m-aymond Packet Pg. 1518 E.1 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting October 16, 2019 Agenda Item Number: E.1 Agenda Item Summary #6093 BULK ITEM: No DEPARTMENT: Tax Collector TIME APPROXIMATE: STAFF CONTACT: Danise Henriquez (305) 295-5010 Yes AGENDA ITEM WORDING: Tax Collector's presentation of excess fee check to the County Commission. ITEM BACKGROUND: The Tax Collector has requested a time approximate to present the Tax Collector's Excess Fee check to the County Commission at the 10/16/19 BOCC meeting in Marathon, FL. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: N/A DOCUMENTATION: FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Packet Pg. 1519