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Item N04 N.4 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 - p �pw° Danny L.Kolhage,District I aµ David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting December 11, 2019 Agenda Item Number: N.4 Agenda Item Summary #6348 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470 No AGENDA ITEM WORDING: Fourth Amendment to Agreement for Provision of Legal Services with Bolton, Helm & Augustine, LLP (outside counsel for workers' compensation cases), to add name of new attorney timekeeper. ITEM BACKGROUND: On February 20, 2013, the County entered into an Agreement for Provision of Legal Services with George Helm, P.A., to serve as outside counsel for workers' compensation cases. The agreement was subsequently amended, among other things, to revise the name of the firm. Paragraph 5 of the Agreement lists the names of attorneys authorized to work on County cases as an approved timekeeper. The firm recently hired another attorney, and the parties wish to add the name of the attorney (Courtney C. Babe, Esq.) as an approved timekeeper, retroactive to November 25, 2019. PREVIOUS RELEVANT BOCC ACTION: BOCC approved agreement: February 20, 2013 First amendment approved: November 20, 2013 Second amendment approved: September 21, 2016 Third amendment approved: September 29, 2018 CONTRACT/AGREEMENT CHANGES: Adds new attorney as timekeeper STAFF RECOMMENDATION: Approval. DOCUMENTATION: Fourth Amendment to 2013 Agreement Helm George Helm Agreement 022013 George Helm 1 st Amendment 112013 Packet Pg. 1111 N.4 2nd Amendment 09212016 3rd Amendment Revised 09192018 FINANCIAL IMPACT: Effective Date: November 25, 2019 Expiration Date: No expiration date Total Dollar Value of Contract: TBD —depends on quantity of legal services Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes, specified in original Agreement. No changes as a result of this Amendment. Additional Details: No change. REVIEWED BY: Cynthia Hall Completed 11/25/2019 10:22 AM Bob Shillinger Completed 11/25/2019 12:09 PM Budget and Finance Completed 11/25/2019 12:38 PM Maria Slavik Completed 11/25/2019 3:04 PM Kathy Peters Completed 11/25/2019 3:10 PM Board of County Commissioners Pending 12/11/2019 9:00 AM Packet Pg. 1112 N.4.a FOURTH AMENDMENT TO AGREEMENT FOR PROVISION OF LEGAL SERVICES BETWEEN MONROE COUNTY AND BOLTON,HELM&AUGUSTINE,LLP it 0 U) This Fourth Amendment ("Fourth Amendment") to the Agreement for Provision @ of Legal Services ("Agreement") dated February 20, 2013 by and between Bolton, Helm 2 & Augustine, LLP ("Firm") and Monroe County Board of County Commissioners E ("County") (collectively, the "Parties") is made and entered into as of December 0 2019. U) as WITNESSETH 3 WHEREAS,paragraph 5 of the Agreement lists the timekeepers authorized to work on E legal services pursuant to this Agreement; and WHEREAS, attorney Courtney C. Babe, Esq. ("Attorney")recently joined the Firm; and as WHEREAS, the Parties wish to amend the Agreement in order to add the name of the 0 Attorney as an authorized timekeeper; and E WHEREAS, the Agreement needs to be amended in order to update the public records language. E NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the Agreement as follows: 1. Paragraph 5 of the Agreement is amended to add the name of Courtney C. Babe as an authorized timekeeper at an hourly rate of$130.00. T 2. This Amendment will be retroactive to November 25, 2019. a� 3. A new paragraph 25 is added to the Agreement, to read as follows: RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to 0 perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be E inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. 0 c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 1 Packet Pg. 1113 N.4.a law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 2 it d. Upon completion of the contract, transfer, at no cost, to Monroe County all 0 public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the E contractor shall destroy any duplicate public records that are exempt or 0 confidential and exempt from public records disclosure requirements. If the U) contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is E compatible with the information technology systems of Monroe County. 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE E APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT E THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, ra el- ria r ec t�- . y, c/o Monroe County Attorney's Office, 1111 12' St., Suite 408, Key West FL 33040. 0 4. In all other respects the remaining terms and conditions of the Agreement remain in full force and effect. T a� [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK] E as N 0 0 2 Packet Pg. 1114 N.4.a IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and years written below. Board of County Commissioners Of Monroe County, Florida E 0 0 U) Attest: By: Kevin Madok, Clerk Heather Carruthers, Mayor as By: Date: Deputy Clerk � 0 For the Attorney, Bolton, Helm & Augustine, LLP E By: Print Name and Title T a� Date cv 0 0 0 3 Packet Pg. 1115 ............................. AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND GEORGE A. HELM, III, P.A. FOR THE PROVISION OF LEGAL SERVICES 2y THIS AGREEMENT is entered into this�'Kday of 0 13, b and between, the Monroe County Board of County Commissioners ("County")and George A. Heim, III, I .A. ("Attorney"). E WHERE AS, the County wishes to enter into this agreement with the Attorney so that the 0 Attorney will act as private legal counsel to the County; NOWTI-IERE FORE, IN CONSIDERATION of the mutual promises,contained herein, 0 the parties agree as follows: E 1. Client: The Client is the County, and to the extent ethically permissible, its elected and 2 appointed officers and its, employees, unless County advises Attorney otherwise. In the event that the Attorney cannot ethically represented individuals in addition to E 0 County, Attorney shall so advise the County of that fact immediately. Z: 0 1 Attorne : Attorney is the person or firm named above. The Attorney may not delegate r_ or outsource this work.without the prior written consent of the County. 0 E 'a 3. Term: This Agreement is effective upon execution by the parties. The representation shall continue until terminated either by the Attorney or by the County, The County's E performance and obligation to pay under this agreement is contingent upon annual 1� appropriations by the Monroe County Board of County Commissioners. 0 4. `scope of Work: Attorney shall provide legal services: and advice to the County regarding M workers' compensation clarns, investigation,research and litigation as assigned to the Attorney by County. Attorney will be assigned new claims by the: Sr, Administrator of the Benefits Department of the County from time to time, a. Professional ability to erform work: Attorney warrants that he or she is E authorized by law to render services for the scope of work set forth in this 2 paragraph. The Attorney further warrants that all of the approved timekeepers < listed below are authorized by the Rules of the Florida Bar to engage in delivery E of legal services described herein, If Attorney is a member of a law firm, as, partner, shareholder, associate or other relationship, Attorney warrants that he or 0 she is authorized to enter into this agreement by Attorney's firm. b, The Attorney is responsible for managing the matter cost-effectively and competently, e.g., by ensuring that the authorized timekeepers are competent, E properly supervised,efficient, and in compliance with the terms of this Agreement as well as ethical obligations. 5. Hourly rates and timekeepers: Hourly rates, for attorneys and additional timekeepers will be set as follows: Packet Pg. 1116 Attorneys Billing,Rate George A. Helm, 111 $130 Brian B. Bolton $130 U) George W. Boring, 111 $:130 0 it John P. Brooks $130 0 U) Paralegals Billing Rate E 0 Gail Kamm $:75 Tracy Marshall $75 M 0itzi Protasevich $75 Janet Wade $75 E Sydney Wheeler $75 Brooke Shegda $75 E Laura Smith $75 0 E & Special Conditions Regarding Representation: E a. Attorney has been retained by County to provide the scope of services,described in Section 4 above, Attorney represents that fie or she is competent and available 0 to handle: that matter. In the event that additional matters are assigned by County M Ir- to Attorney, this agreement shall apply to those matters as well, unless a separate Agreement is required by the County. b, Review of ethical obligations before initiating representation. Attorney has E conducted a thorough investigation and determined that neither Attorney nor his or her firm has any ethical impediment, real or potential, to representing County. If any ethical impediment, real or potential, is discovered or ever arises, E Attorney shall immediately inform: County in writing of the impediment (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 0 impediment is insubstantial or questionable), make full disclosure of the situation to County, obtain County's express, written consent to continue the representation of the other client, and take all steps requested by County to avoid E or mitigate the impediment. Attorney understands that if a direct or indirect conflict of interest arises which, in the opinion of the County, cannot be avoided or mitigated under the Rules of Professional Conduct of'rhe Florida Bar, County may, in its discretion, (a) obtain reimbursement from Attorney for all fees and expenses paid to Attorney in this matter; (b)obtain cancellation of all, amounts 2 1 Packet Pg. 1117 allegedly owed by County to Attorney; and (c) obtain reimbursement for consequential expenses incurred by County, including the cost of replacement counsel. 7. Payment: .2 Payment will be made upon receipt of a proper invoice with documentation of services U) rendered,pursuant to the Florida Local Government Prompt Payment Act. '@ a. Fees: Attorney shall provide a general description of the matter; clearly identify E 0 each person performing services, record the time expended by each person separately; state the amount of time expended by each person daily (and, within each day, broken down by task where more than one project or task was worked 0 upon within the same day); describe within each itemized daily task entry, in sufficient detail to readily allow the County to deten-nine the necessity for and reasonableness of the time expended, the services performed, the project or task E each service relates,to, the subject and purpose of each service, and the names of J CD others who: were present or communicated with in the course of performing the M E service. Billing shall occur in increments of 0.1 hours. 0 b. Travel expenses will be reimbursed in accordance with the applicable provisions r- for"approved travelers" of the Monroe County Code, and will be summarized on 4) E the Monroe County Travel Form with all applicable receipts attached thereto. Travel shall be billed from the firm's office closest to the hearing or deposition. E C. Reimbursable expenses: Court filing fees, and costs, witness, fees (including experts and consultants),and court reporter fees. 0 d, Non-reimbursable expenses: All other costs will be non-reimbursc:able, including but not limited to postage, photocopying, facsimile, telephone charges, courier charges,,computerized research, facsimile charges, E 8. Termination: 'rbe agreement can be terminated by either party with or without cause with 90 days prior written notice. E 9. Records: Attorney shall maintain all books, records, and documents directly pertinent to performance: under this Agreement, for a period of three(3) years after termination of representation. County shall have access to such books, records and documents for the purpose 0 of inspection or audit during normal business hours, at the County's cost, upon five (5) days' written notice. Attorney shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for E Monroe County,the County, or their agents and representatives. 1 . Modification. Additions to, modifications to or deletions from the provisions set forth in this agreement shall be effective only in writing and approved by County, 3 1 Packet Pg. 1118 11. Indemnification and Hold Harmless: The Attorney agrees to indemnify and hold Monroe County harmless for any and all claims, liability, losses and causes of action which may arise out of its fulfillment of the Agreement, Attorney agrees to pay all claims,and losses, including related court costs and reasonable attorneys' fees, and shall defend all suits filed due to the U) negligent acts, errors or omissions of the Attorney employees and/'or agents. 2 0 . 12, Insurance. Throughout the term of this engagement, Attorney shall maintain Professional U) Liability Insurance in the minimum amount of$1.0 million per occurrence. Prior to the effective date of this Agreement Attorney shall provide to the County certificates of insurance. E 13. Taxes. Monroe County is exempt from federal excise and state sales and use taxes. 0 14. Independent.Contractor: It is the intent of the parties hereto that the Attorney shall be 0 legally considered as an independent contractor and that neither it nor its employees or agents shall, under any circumstance, be considered servants or agents of the County and County shall at no tine be legally responsible for any negligence on the part of said successful responder, its E employees or agents, resulting in either bodily or,personal injury or property damage to any 2 individual, firm, or corporation. E 0 15,. Disclosure: The Attorney shall be required to list any or all potential conflicts of interest, Z: 0 as defined by Florida Statute 112 and Monroe County Ethics Ordinance, The Attorney shall disclose all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, E involving any client's interest which may conflict with the interests, of the County, E I& Assigr ment: the Attorney shall not assign,transfer, convey, sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest therein, or his or its power to 1� execute such contract to any person, company or corporation without prior written consent of the 0 County. 17, Force Majeure: The Attorney shall not be liable for delay in performance or failure to perform, in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, E labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought, or other act of God, act of any E governmental authority,jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the Attorney has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of this agreement. 0 I& Governing Law/Venue: This agreement shall be governed and construed by and in accordance with the laws of the State of Florida and constitutes the entire agreement between the E County and Attorney, Venue of any court action filed relative to this agreement shall lie in Monroe County, Florida. 19. Antisolicitation: The Attorney warrants that no person has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, 4 1 Packet Pg. 1119 brokerage, or contingent fee and that no member of the Monroe County government or the County has any interest, financially or otherwise in the Attorney or its subcontractors. 20, Severability: If any provision of the agreement shall be held by a Court of competent U) jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application of 0 such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of the agreement shall be valid and enforceable to;the fullest extent U) permitted by law. 21. Notice. Any notice required or permitted under this agreement shall be in writing and E hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other 0 party as follows: 0 ........... For Monroe County. For Atto,rne E Monroe County Attorney's Office Ge n� I 1.11 12" St., Suite 408 C4,7-i Key West, FL 33040 E 0 22. Ethics Clause: The Attorney warrants that it has not employed, retained or otherwise had act on its behalf, any former Monroe County officer or employee in violation of Section 2 or E Ordinance No. 10-1990:or any County officer or employee in violation of Section 31 of Ordinance No. 10-1990. For breach or violation of the provision, the County may, at its discretion E ten-ninate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 0 23. PublicLm1ity Crime , tqte ent: A person or affiliate who has been placed on tile convicted vendor list following a conviction for public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response/bid on a contract with a public entity for the construction or repair of a public building or public E work, may not submit responses/bids on leases of real property to public entity, may not be awarded or perform work as a contractor, Supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the E threshold amount provided in section 287.017, Florida Statutes, for CATEGORYTWO for a period of 36 months from the date of being placed on the convicted vendor list, 0 24. general Requirements: a) Ownership of Attorney files and work product: Attorney understands that all files and E work product prepared by Attorney or his or her firm at the expense of County (or for which County is otherwise billed) are the property of County. Without County's prior written approval, this work product may not be used by Attorney or his or her firm nor disclosed by Attorney or his or her firm to others, except in the normal course of Attorney's representation of County in this matter. Attorney agrees that County owns all rights, including copyrights, to materials 5 1 Packet Pg. 1120 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 playing the actual cost of storage). Attorney shall provide County with prompt access to U) (including the ability to make copies of) all attorney files and work product, regardless, of 0 whether the representation or matter is ongoing and whether attorney fees and expenses have been paid in full. U) b) Dispute resolution: Attorney and County agree that all disputes regarding Attorney's fees or expenses, are to be resolved pursuant to the procedures and practices for mediation by the E Attorney Consumer Assistance Program of the:Florida Bar. 0 0 c) Entire Agreement. The entire agreement between the County and Attorney with respect to the subject matter hereof is contained in this Agreement. This, Agreement supersedes all prior 9 0 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 E against whom the waiver, amendment or modification is claimed. This Agreement shall be 2 binding, upon and inure to the benefit of the parties hereto, their permitted successors and assigns. E 0 d) Captions. The captions set forth herein are for convenience of reference only and shall not define, modify, or limit any of the terms hereof E c) Conflicts in interpretation, The County and Attorney agree that, in the event of conflicting E interpretations of the terms or a term of this Agreement by or between them, the final interpretation by the County shall apply. 0 f) Adjudication of Disputes and Disagreements. T he County and Attorney agree that all disputes and disagreements between them shall be attempted to be resolved by a meet and confer session between representatives of the County and Attorney. If the issue or issues are still not C1 C14 4 Q resolved to the satisfaction of both within 30 days after the meet and confer session, then either r- shall have the right to seek such relief as may be provided by this Agreement or by Florida law. 0 E g) Cooperation, In the event any administrative or legal proceeding is instituted against either the County or Attorney relating to the formation, execution, performance, or breach of this E Agreement, the County and Attorney each agree to participate, to the extent required by the other, in all proceedings, hearings, processes, meetings, and other activities, related to the substance of this Agreement. The County and Attorney each agree that neither shall be required 0 to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this,Agreement. E h) Legal Obligations and Responsibilities; Non-delegation of Constitutional or Statutory Duties. This Agreement is not intended to relieve, nor shall it be construed as relieving, either the County or Attorney from any obligation or responsibility imposed upon each by taw except to the extent of actual and timely performance thereof by the other, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further this Agreement is, not intended to authorize, nor shall it be construed as authorizing, the delegation of 6 1 Packet Pg. 1121 the constitutional or statutory duties of the County, except to the extent permitted by the Florida Constitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida Statutes. i) Attorney's Fees and Costs. In the event any administrative proceeding or cause of action is initiated or defended by the County or Attorney relative to the enforcement or interpretation of it this Agreement, the prevailing, party shall be entitled to an award of reasonable attorney's fees, U) court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include: reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to E 0 this Agreement or as may be required by a court of competent jurisdiction shall be conducted in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County, 0 J) Non-Discrimination. Attorney shall not discriminate, in its employment practices and in providing services hereunder,on the basis,of race, color, sex, religion, disability, national origin, E 0 ancestry, sexual orientation, gender identity or expression, familial status, or age,and shalt abide 2 cm by all federal and state laws regarding non-discrimination.. Upon a determination by a court of M E competent jurisdiction that such discrimination has occurred, this Agreement automatically terminates without any further action by the County, effective the date of the:court order, 0 Attorney is aware of the provisions of Section 13-101 through 13-106, Monroe County Code, r_ relating to non-discrimination,and agrees to abide by the Code's nondiscrimination 0 E requirements,. E k) Claims for State or Federal Aid. The County andN Attorney agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations by 0 Attorney shall be approved by the County prior to submission. 1) Non-Reliance: by Non-Parties. No person or entity shall be entitled to rely upon the C14 terms, or any of them,of this Agreement to enforce or attempt to enforce any third-party claim or N entitlement to or benefit of any service or program contemplated hereunder, and the County and Attorney agree that neither the County nor Attorney or any officer, agent, or employee of each E 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 E contemplated under this Agreement. m) Execution in Counterparts. This Agreement may be executed in any number of 0 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. E Packet Pg. 1122 Y N.4.b IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written, Attest: George elm, II I .A. r ot- lB Witness _ eorge"A, Helm, III � (print Name.) 1 M . (SEAL) M E COUNTY BOARD 0 Attest: AMY L. HEA ILIN, Clerk O OU T I"�II NEI 1 0 3 y E Deputy Clerk 0 Ma'NROE COUNTY ATTORNEY A Pt "I YNT 'N'A L, A L ASSNS N''T OUNTY ATTORNEY cv Date 8--A-0(3 cv 0 8 Packet Pg. 1123 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20, 2013 Division: Employee Services Bulk Item: Yes X No _ Department: Employee Benefits Staff Contact Person/Phone#: Maria Fernandez-Gonzalez,Ext. 4448 a AGENDA ITEM WORDING: Approval of First Amendment of the Legal Services Agreement with _ George Helm, III,P. A. to provide legal services and representation in the area of workers' compensation claims for Monroe County. 2 0 ITEM BACKGROUND: Amending section 5 of current agreement in order to update approved timekeepers. as 0 PREVIOUS RELEVANT BOCC ACTION: Original agreement entered into on July 19, 2006. First CD amendment approved by BOCC March 19, 2008; Second amendment approved by BOCC July 20, E CD 2011; Third Amendment approved by BOCC August 15, 2012. RFP done for Workers' Compensation legal services and George Helm, III, P.A. was one of the selected firms and we entered into anCD agreement for the provision of legal services effective February 20, 2013. CD 0 CONTRACT/AGREEMENT CHANGES: Updating of timekeepers only. CD STAFF RECOMMENDATIONS: Approval a approx TOTAL COST: $30,000 �_INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: approx Internal Service Fund COST TO COUNTY: $30,000 ,}r SOURCE OF FUND: Primarily Ad Valorem REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year a APPROVED BY: County Atty OMB/Purc asing Risk Managements � . DOCUMENTATION: Included X Not Required a� CD DISPOSITION: AGENDA ITEM# G33 CD Revised 7/09 �a Packet Pg. 1124 N.4.c MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract# Contract with: George Helm, III, P.A. Effective Date:November 20, 2013 Expiration Date: Contract Purpose/Description:Approval of First Amendment of the contract with outside counsel, George Helm III P.A., for handling of Workers' Compensation cases and other related CD matters. This will be an ongoing contract that will be billed hourly. as Contract Manager: 4448 Employee Services Maria Fernandez-Gonzalez (Name) (Ext.) (Department) CD 0 for BOCC meeting on November 20, 2013 Agenda Deadline: November 5, 2013 as as as CONTRACT COST Total Dollar Value of Contract: 30 000 Current Year Portion: $19,527.50 as a rox Budgeted? Yes® No ❑ Account Codes: 501-07503-530318- - Grant: $ _ _ - as County Match: $ _ _ _ CD ADDITIONAL COSTS E Estimated Ongoing / g g Costs: $ For: n (Not included in dollar value above) (e .maintenance,utilities, janitorial,salaries,etc.) 0 CONTRACT REVIEW 04 Changes Date Out Dat Needed viewe Division Director - Yes❑ No16 [. Risk Management Yes❑Nqff r O.M.B./Purc asm �s-:..._� / r g � Yes[:] No® � �- County Attorney ' ' Yes❑No /—Cy&� I I 1 0 as Comments: ,c as OMB Form Revised 9/11/95 MCP n Packet Pg. 1125 FIRST AMENDMEN]"TO AGREEMENT DATED FEBRUARY 20, 2013 BETWEEN MO�NROE COUNTY AND GEORGE AMELM, III, P.A. FOR 111-IE PROVISION OF LEGAL SERVICES Oil this the 20 day of November, 2013, A11, the Board of County Com nlissi oilers of U) Monroe County, Florida, as the legislative and governing body of Munroe County, 0 Florida, and in accordance with the powers enumerated in Section 125,0 1, Florida Statutes ("County") and George A. Helm, 111, P.A. ("Attorney"), hereby entered into this U) First Amendment to their agreement dated February20, 2013, 1� WITNESSET11 E 0 WHEREAS,the Agreement between the parties specifies the narries,of authorized tiniekeepers; and 0 WHER-EAS, it is necessary to amend the Agreement from time to time in order to revise E the list of approved tinickeepers and their rates; and WHEREAS, the parties now desire to amend the Agreement in order to add the names,of E attorneys, Brian T. Hanley and Williain H. Lore and delete the nanles of attorney, John 11. Brooks,and paralegal, [...aura Smith, 0 NOW THEREF(. RE, in consideration of the nuitual covenants and provisions contained E herein, the parties amend the February 20, 2013 Agreenlent, as follows: E 1. Paragraph 5 of tile Agreenient, entitled IjSlqdy_EAIK iakild_"I"iiiiekeei)ers,, is replaced in its entirety as follows,, 0 Hourly rates for ATTORNEY and additional Tiniekeepers will be set at. C14 Approved 'I"ime Keepers Ir- Atforneys Billing Rate E George Helili, Escl. $1X00 George Boring, Esq. S 130,00 E Brian Bolton, Esq $130.00 U) Brian T Flanley $lX00 Ir- Williarn 1-1. Lore $130A E Paralegals Billing Rate 0 (jail barn "a $ 75.00 Mitzi Prolasevich 75.00 Tracy Marshall 75A0 E Laura Smith $, 75.00 RECEIVED Sydney Wheeler $ 75.00 Brooke Shegda $ 75, 00 jW0V 132013 < Janet Wade $ 75.00 BENEFITS Packet Pg. 1126 ATTORNEY will charge no more than the hourly billing rate quoted above throughout the duration of the specific matter referenced, unless otherwise agreed to in writing and approved by (lie (,',OLJNJ'Y in the same manner as in this I irst Arriendnient to original agreement, 2. l"Acept as noted above, the balance of terms and conditions ofthe Agreement remain in frill force and effect. .2 U) 3, This amendment shall be retroactive to the I" day of August 2013,. Roard of County Commissioners E 0 Of Monroe County, Florida By: ........ ...................... avilin, Clerk George ugerit, ayor E E 0 By:_ Date: Z: Deput erk E F'or the Attorney, George A. Helm, 111, RA. E 0 By Y. Witness: C14 Print S"Mne & 'Fitle E E Date U) E Print Na e 0 0 MONROE COUNTY ATTORNEY A",RROVFDASVO��F GYNTHIA L HALL E 9SISYA ANT COUNTY ATTORNEY LZ :L Wdl CE 330 2 Packet Pg. 1127 t . N.4.d 1 SECOND AMENDMENT TO AGREEMENT DATED FEBRUARY 20,2013 BETWEEN MONROE COUNTY AND GEORGE A.HELM,III,P.A. On this the day of September 2016, the Board of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes("County") and George A. Helm, I11, P.A. ("Attorney"),hereby enter into this Second Amendment to their agreement dated February 20, 2013 ("Agreement"), as previously amended on U) November 20, 2013. WITNESSETH 0 c� WHEREAS,paragraph 5 of the Agreement between the parties specifies the names of authorized timekeepers; and 3 WHEREAS,it is necessary to amend the Agreement from time to time in order to revise the list of approved timekeepers and their rates; and WHEREAS,the parties now desire to amend the Agreement in order to delete the names of William H. Lore and Laura Smith and add the names of paralegals Jordan Kuveke and Shirley Lynch as approved timekeepers. 0 NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein,the parties amend the Agreement as follows: 1. Paragraph 5 of the Agreement, entitled Hourly Rates and timekeepers, is hereby amended to delete the names of William H. Lore, attorney, and Laura Smith, paralegal. 0 2. Paragraph 5 of the Agreement, entitled Hourly Rates and Timekeepers, is hereby amended to add the names of Jordan Kuveke and Shirley Lynch,paralegals, as approved timekeepers, each of whom shall bill at the hourly rate of$75.00. cv 3. Except as noted above, the balance of terms and conditions of the Agreement as previously amended on November 20, 2013 remain in full force and effect. E 4. This Second Amendment shall be retroactive to the 1st day of June 2016. [The remainder of this page intentionally left blank.] c� 1 Packet Pg. 1128 N.4.d IN WITNESS WHEREOF, the County and Attorney have executed this Second Amendment as of the day and year first above written. Board of County Commissioners Of Monroe County, Florida Attest: By: avilin, Clerk C--�rr leers, Mayor toro rem 'e0Ivc NQ a$2nt, 1 23 0 Obedsm Date: t Clerk ^" For the Attorney, E George A Helm, III, P.A. B4orge GHelm, III, Esq., Owner Witness: E Date raw ar.thn Print Name r, cv L — C"J N W MONROE COUNTY ATTORNEY WVAA O R � rg YNTHIA HALL ASSIY ATTORNEY Ea Date___ 2 Packet Pg. 1129 Kevin Madok, CPA 6 ..f Clerk Of the Circuit Court& Comptroller c Monroe County, Florida DATE: September 21, 2018 0 it TO: Kathy Peters, CP U) County Attorney's Office FROM: Pamela G. Hancock, D.C. 0 SUBJECT: September 19th BOCC Meeting 0 Attached is an electronic copy of Item 08, Revised Third Arnendment with George A. Helm, III PA to change the name of the firm to Bolton, Helm&Augustine, LLP,for your handling. E as cm Should you have any questions,please feel free to contact me at ext. 3130. Thank you. M 0 cc: Finance File 0 00 cv A a� KEY WEST MARATHON PLANTATION KEY PKlROTH BUILDIN 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Pigntation Key Flrrida 70 305-204-4641 305-289-6027 305-852-7145 3 Packet Pg. 1130 N.4.e REVISED THIRD AMENDMENT TO AGREEMENT FOR PROVISION OF LEGAL SERVICES BETWEEN MONROE COUNTY AND GEORGE A.HELM,III,P.A. This Revised Third Amendment ("Third Amendment") to the Agreement for Provision of Legal Services by and between George A. Helm, III, P.A. and Monroe County Board f County Commissioners ("Agreement") is made and entered into as of September , 2018. WITNESSETH WHEREAS, attorney Philip R. Augustine recently joined the firm; and WHEREAS, as a result of the addition of attorney Philip R. Augustine to the firm, legal services to Monroe County will now be rendered under the firm of Bolton, Helm& Augustine, LLP; and 0 WHEREAS, it is necessary to revise this Agreement in order to change the name of the 2 firm. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the Agreement as follows: 1. The name of the attorney (firm) is changed wherever it appears in the Agreement, as amended, from George A. Helm, III, P.A., to Bolton, Helm&Augustine, LLP. 2. In all other respects, the balance of terms and conditions of the Agreement as amended remain in full force and effect. 00 3. This Amendment will be retroactive to July 13, 2018. A [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 1 Packet Pg. 1131 N.4.e IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and years written below. Board of County Commissioners Of Monroe County, Florida By: � WXa id Rice, Mayor ok, Clerk Dav 0 By: Date: ��cz��.w�vt� 1 Y 2, ► B Deputy Clerk For the Attorney, Bolton, Helm&Augustine, LLP 0 By Witness: _ Print I- ame &Title 00 cl-a-7 M-"SLU Date I r a Print Name a� o as r; :t- � t i E Mrn b d My rr;. CY MONROE COUNTY ATTORNEY pR�AS T FOR- u6pCYNTHIA L. HALL ASSISTANT COUNTY ATTORNEY 2 Date �i- � �_ i fi Packet Pg. 1132 z N.4.e DATE(MM/DD/YYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE 08/09/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 0 PRODUCER CONTACT ° NAME: Marissa Harrington X it Agency Marketing Services,Inc. (AICONN Ext): (727)384-1036 A C,No): (727)343-4123 0 9800 4th Street N,Suite 400 ADDRESS: mharrington@agencymarketing.com M INSURER(S)AFFORDING COVERAGE NAIC# St.Petersburg FL 33702 INSURER A: AttPro RRG CL INSURED INSURER B Bolton,Helm&Augustine,LLP dba Public Entity Legal INSURER C: 0 P.O.Box 958464 INSURER D: INSURER E Lake Mary FL 32746 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ag EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Anyoneperson) S O PERSONAL&ADV INJURY S GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ � POLICY PRO ❑LOC PRODUCTS-COMP/OPAGG S JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE S AUTOS Per accident O H $ !:�, UMBRELLA LIAB HOCCUR EACH OCCURRENCE S t EXCESS LIAB CLAIMS-MADE AGGREGATE SCD DED RETENTION$ S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S U) If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT S A Lawyer's Professional Liability $1,000,000/$2,000,000 Limits RLP100914 04/01/2018 04/01/2019 $5,000 Ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPV RIS ENT BY_ DAT 1NA ES� CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Risk Department ACCORDANCE WITH THE POLICY PROVISIONS. 1111 12th Street,Suite 408 - AUTHORIZED REPRESENTATIVE Key West FL 33040 '� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 1133