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4th Amendment 12/11/2019 o:`° 4.- Kevin Madok, CPA '`' ry10•'* Clerk of the Circuit Court& Comptroller— Monroe County, Florida O�RGE COVN DATE: December 13, 2019 TO: Kathy Peters, CP County Attorney's Office FROM: Pamela G. Hanco tt).C. SUBJECT: December_1 BOCC BOCC Meeting Attached are electronic copies of the following items for your handling: N4 4th 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. N5 Amendment to the Agreement with Baker, Donelson, Bearman, Caldwell& Berkowitz, PC for representation relating to the County's appeal of FLMA's denial of costs to remove the $49,999.99 cap. N7 Contract with Robert E. &DebraJ. Berger, as trustees of the Robert E. Berger Revocable Trust dated February 1, 2001, to purchase a less than fee interest in Block 2, Lot 7, Eden Pines Colony (PB 4-158) with parcel number 00264690-000000 and a purchase price of $28,750.00 for density reduction purposes. N8 Contract with Pedro M. Perez to purchase a less than fee interest in Block 7, Lot 1, Cahill Pines and Palms (PB 3-94) with parcel number 00245060-000000 and a purchase price of $64,500.00 for density reduction purposes. N9 Contract with Amy Herman to purchase a less than fee interest in Lot 42, Amended Plat of Dolphin Harbour (PB 6-116) with parcel number 00319492-004200 and a purchase price of$30,800.00 for density reduction purposes. Should you have any questions, please feel free to contact me at(305) 292-3550. cc: Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330. 305-294-4641 305-289-6027 305-852-7145 305-852-7145 FOURTH AMENDMENT TO AGREEMENT FOR PROVISION OF LEGAL SERVICES BETWEEN MONROE COUNTY AND BOLTON,HELM&AUGUSTINE,LLP This Fourth Amendment ("Fourth Amendment") to the Agreement for Provision of Legal Services ("Agreement") dated February 20, 2013 by and between Bolton, Helm & Augustine, LLP ("Firm") and Monroe County Board of County Commissio ee ("County") (collectively, the "Parties") is made and entered into as of December I/ — 2019. •WITNESSETH WHEREAS,paragraph 5 of the Agreement lists the timekeepers authorized to work on legal services pursuant to this Agreement; and WHEREAS, attorney Courtney C. Bahe, Esq. ("Attorney") recently joined the Firm; and WHEREAS, the Parties wish to amend the Agreement in order to add the name of the Attorney as an authorized timekeeper; and WHEREAS,the Agreement needs to be amended in order to update the public records language. 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. Bahe as an authorized timekeeper at an hourly rate of$130.00. • 2. This Amendment will be retroactive to November 25, 2019. 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 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 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. 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 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. d. Upon completion of the contract, transfer, at no cost, to Monroe County all 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 contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the 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 compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, bradley-brian(u,monroecounty-fl.gov, c/o Monroe County Attorney's Office, 1111 12t" St., Suite 408, Key West FL 33040. 4. In all other respects the remaining terms and conditions of the Agreement remain in full force and effect. [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 2 • IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and years written below. ` -...' � 6' �� � Board of County Commissioners aig/ ,. (.. Of Monroe Cot t Florida 147 C" .-`CP \-)cf•-t,:. \ A' ," /a/rfF , °y- viii hdokClerk , Heather Carruthers, Mayor By:Ta-,....,4.� 4't.se.-+'"L Date: A9m, 'It Zo 19 Deputy Clerk For the Attorney, Bolton, I- n & Augustine, LLP By: r ,,, c, fc) , t,,,e wr.. R N.,.tke.„4.__ Print,Name and Title "- Date o . "11 . APPROVED AS TO FORM AND CONTENT -v("' rri rn MONROE COUNTY ATTORNEYS OFFICE: mC., Q j Digitally signed by Cynthia L.Hall ///��� cp DN:cn=Cynthia LHall, �• w (V / t• a/�Q oMonroe County BOCC,ou, (�' '�./•/V•ly'+�^•U �{IL'.•f_1 email=hall- ....... -eynthia@lnonroecounty-B.gov, 3-0 c=u5 ., 7�7 ' ��• Dale:2019.120513:51:19-OS'00' "I = (") CD f— cn .c? O. . • OP ID: BC ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 12/10/2019Y) 019 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). CONT PRODUCER NAMEACT Bridget Cunningham B&B Protector Plans,Inc-PSP PHONE FAX 655 N.Franklin St.Suite 2000 INC.No.Exti: (A/C,No): Tampa,FL 33602 AIL ADDRESS: bcunningham@bbprograms.com Bridget Cunningham PRODUCER --- BOLTO-2 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Bolton, Helm&Augustine, LLP INSURER A:ATTPRO RRG RECIPROCAL RISK 14146 DBA Public Entity Legal Solutions INSURER B 615 Crescent Executive Ct INSURER C: Suite 600 INSURER D: Lake Mary, FL 32746 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT-THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSR.WVD POLICY NUMBER (MMIDDIYYYYI (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) S CLAIMS-MADE OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY S GENERAL AGGREGATE S GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S nPOLICY n JE Q n LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) S ALL OWNED AUTOS BODILY INJURY(Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS APP (PER ACCIDENT) NON-OWNED AUTOS S WAIVER / UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY - Y I N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Prof.Liability RLPL100914 04/01/2019 04/01/2020 Per Claim 1,000,000 (Claims Made) Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Deductible $5,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street - - - Room 2-268 AUTHORIZED REPRESENTATIVE Key West, FL 33040 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD