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1st Amendment 12/11/2019 �R covgr4 ...:-7°A Kevin Madok, CPA 1 `'• '` - Clerk of the Circuit Court& Comptroller— Monroe County, Florida ~RAG cOU„' DATE: December 13, 2019 TO: Kathy Peters, CP County Attorney's Office FROM: Pamela G. Hanco�,g,'i`►.C. SUBJECT: December 11`k'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, Beannan, Caldwell& Berkowitz, PC for representation relating to the County's appeal of FEMA'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 AMENDMENT TO AGREEMENT This Amendment to the Agreement dated March 21, 2019 is entered into this 11'h day of December,2019, by and between Monroe County, a political subdivision of the State of Florida,hereafter COUNTY, and BAKER DONELSON BEARMAN, CALDWELL & BERKOWITZ, PC, hereafter ATTORNEY. WHEREAS, on March 21, 2019, the COUNTY and BAKER DONELSON BEARMAN, CALDWELL &BERKOWITZ,PC, entered into a contract to provide legal services and representation to the COUNTY relating to FEMA's denial of cost incurred by the COUNTY; and WHEREAS, on October 16, 2019, the Board of County Commissioners directed staff to proceed with a request for arbitration of FEMA's denial of cost for the base camps utilized for Hurricane Irma; and WHEREAS, the original agreement has a cap of$49,999.99 which needs to be removed to allow - for payment of expenditures that exceed the cap; o � : Now therefore, in consideration of the mutual promises of the original agrees j s ameeed m - ' - herein,the parties agree as follows: r' �? a - �?. W z) 1. Paragraph 6 of the Agreement shall be amended to read as follows: :__i, am, f. 6. PAYMENTS TO ATTORNEY .—' a ATTORNEY shall submit to COUNTY invoices with supporting documentation accepcfable to the Clerk on a schedule as set forth in the contract. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's 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 p ,,the specific effort, hourly rates, and reimbursable expenses incurred by ATTORNEY on ,p-',0 } �<)_ UNTY'S behalf. . /, fl,17a{,1< ther respects, the remaining terms of the agreement entered into March 21, 2019, and 4r l , � 'ON I3c1 ! nsistent herewith, shall remain in full force and effect. r �+ _ ti�,_\�_, 1 s µ ighAA.W _ r o BOARD OF COUN Y COMMISSIONERS GY`', 00/3s1.tf: g i MADOK, Clerk OF MONROE CO I .:TY r ORIDA ,.:_ r.,f 1 By� By: Deputy Clerk .•yor/fi nan BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ,PC 0.,_.__ __‹ztr4 .4---- By: Ernest B. Abbott, Esq.. . OF COUNSEL and Authorized Representative MONROE COUNTY AT`>~OWT 1 •• APP VE S TO 1 O ` RL � o�1� n [b CHRISTINE LIM>IERT=P QW -ASSISTANT CO TY A.`I'T9Rwr bA E AC�® DATE(MM/DDIYYYY) ACC. CERTIFICATE OF LIABILITY INSURANCE 12/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHO N/A (ACC NNo,Exl):--- --- ------ (A/C—E _L ,No): E-MAIL ADDRESS: INSURER()AFFORDING COVERAGE NAIC#_ __ INSURER A_Attorneys'Liability Assurance Society Ltd., 15445 INSURED ,,4 -042,, A Risk Retention Group(ALAS) Baker, Donelson, Bearman,Caldwell& Berkowitz, P.C. First Tennessee Building INSURER C: 165 Madison Avenue INSURERD: Memphis,TN 38103 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 ADDL SUBR POLICY EFF POLICY EXP LTR I TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DA vFI—AI;E TO RENTED PREMISES(Es occurrence) S MED EXP(Any one person) S PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ I OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO BODILY INJURY(Per person) $ j OWNED SCHEDULED BODILY INJURY(Per accident) $ i �AUTOS ONLY I AUTOS `_HHIRED I NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY • I I s I UMBRELLALIAB OCCUR EACH OCCURRENCE $ I EXCESS LIAB J ,_ CLAIMS-MADE AGGREGATE S DED I RETENTIONS I S WORKERS COMPENSATION I I PER AND EMPLOY R Y/N S'LIABILITY „_—j STATUTE I____`ER I ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT S 1 OFFICER/MEMBER EXCLUDED? N/A ----- ------------------. .-- (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below -. E.L.DISEASE-POLICY LIMIT S A Lawyers'Professional Liability N N ALA 1493 1/1/2019 1/1/2020 Not less than$5M pe-claim Not less than$5M an(Iuai aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is roqulrod) 8A1PP OV D ISK I A G ENT DATE WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZE E RESENTATIVE l Nancy J. ontroy Vic Pr -Directo of Underwriting,ALAS Ltd.,RRG ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AC CD ®� ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) 12/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: N/A PHONE NQ, st). (AA/C,No): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC S _ INSURER A: Attorneys'Liability Assurance Society Ltd., 15445 INSURED ipaw--.-.�; A Risk Retention Group(ALAS) Baker, Donelson, Bearman,Caldwell&Berkowitz, P.C. First Tennessee Building INSURER C 165 Madison Avenue INSURER D: Memphis,TN 38103 INSURERE: 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 POLICY EFF POLICY EXP LTR I TYPE OF INSURANCE IN WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYYI LIMITS COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ -DAMAGE TO RENTE CLAIMS-MADE OCCUR PREMISES Ea occur ence) $ MED EXP(Anyone person) $ PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY PRO-JECT LOG PRODUCTS-COMP/OP AGO $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) I UMBRELLA LIAB I OCCUR EACH OCCURRENCE S EXCESS LIAB I CLAIMS-MADE AGGREGATE __ S DED I I RETENTIONS $ WORKERS COMPENSATION - _ I.PER I _1 H ER AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE Y� NIA E.L.EACH ACCIDENT _ S OFFICER/MEMBEREXCLUDED? I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Lawyers'Professional LiabilityN N ALA 1493 1/1/2020 1/1/2021 Not less than$5M pe-n claim Y Not less than$5M annual aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) AY PPRO ED DA WAIVER N/AEr c YES__ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street ^/ Key West,FL 33040 AUTHORIZE E ftESENTATIVE Nancy J. )ontroy, ice reside -Director of nderwriting,ALAS Ltd.,RRG ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD