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6th Amendment 10/21/2020 a ::N Kevin Madok, CPA a: Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: October 23, 2020 TO: Kathy Peters, CP County Attorney's Office Age FROM: Pamela G. Hanco'sb.C. SUBJECT: October 21' BOCC Meeting Attached is an electronic copy of the following item for your handling: Q4 6th Amendment to Agreement with the law firm ofJohnson, Anselmo, Murdoch, Burke, Piper& Hoclunan, PA, to increase billing rates for attorneys and paralegals by $5.00 an hour, in line with rate increase approved by Florida Municipal Insurance Trust for attorneys handling property and liability claims; also, revision to Agreement regarding timekeeper changes. Should you have any questions please feel free to contact me at (305) 292-35.50. 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 SIXTH AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND JOHNSON,ANSELMO,MURDOCH,BURKE,PIPER&HOCHMAN P.A. FOR LEGAL SERVICES This amendment (Sixth Amendment) is made and entered into this 21"day of October 2020, by and between the Board of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida ("County") and Johnson, Anselmo,Murdoch, Burke, Piper& Hochman, P.A. ("Attorney")(collectively,the"Parties"), to the agreement by and between the Parties("Agreement"). WHEREAS, on January 19,2012,the Parties entered into an Agreement for the provision of legal services("Agreement");and WHEREAS,paragraph 6.3 of the Agreement provides that the hourly rates for partners/senior attorneys, associates, and paralegals will be set at the same rates charged to the Florida Municipal Insurance Trust; and WHEREAS, Florida Municipal Insurance Trust and Florida League of Cities recently announced an increase in hourly rate for attorneys for property and liability claims from $175/hour to$180/hour,with rates for associates increasing from$145/hour to$150/hour and rates for paralegals increasing from$85/hour to 590/hour, all to take place effective October 1,2020;and WHEREAS,the hourly increases are the first increases since December 2017; and WHEREAS, in addition, paragraph 6.3 of the Agreement spelled out the names of the partners and associate attorneys("time-keepers")who would be working on the cases;and WHEREAS, paragraph 6.5.2 of the Agreement stated that the specific names of time-keepers could be amended from time to time upon the mutual agreement of the County and the Attorney, and that additional time-keepers could not be added "without advance written approval from the County. The Agreement was not specific,but appeared to contemplate that an amendment to the Agreement was required in order to amend or add names of time- keepers;and WHEREAS,the Parties wish to amend the Agreement in order to make it possible to add/subtract/amend names of time-keepers upon approval of the County Attorney's Office, without the need for an amendment approved by the Board of County Commissioners. The Parties further wish for this change to made retroactive to August I,2020,to allow for the payment of invoices received after that date with new time-keepers listed on them. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the Agreement as follows: 1. Hourly rates for partners/senior attorneys, associates and paralegals set forth in paragraph 6.3 are revised to read as follows,retroactive to October 1,2020: Timekeeper Rate Partners/Senior Attorneys $180/hour Associates $150/hour Paralegals S90/hour 2. Paragraph 6.5.2 in the Agreement is revised retroactively to August I,2020 to read as follows: Initial time-keepers approved by the County are listed in paragraph 6.3 of the Agreement. This list of time-keepers may be amended (including for the addition or deletion of names, or promotion of a time-keeper from Associate to Partner) upon the prior written approval of the Monroe County Attorney's Office. In the event that time-keepers are added, their hourly rates and billing practices shall comply with the requirements of this Agreement. 3. In all other respects, the Agreement between the parties as amended remains the same and in full force and effect. [The remainder of this page intentionally left blank.] 2 THIS SIXTH AMENDMENT to the Agreement between the Parties shall become effective when executed both by the Attorney and the Board of County Commissioners of Monroe County, Florida. u,� tio, • BOARD OF COUNTY COMMISSIONERS ' OF MONROE COUNTY,FLORIDA 110. By: ,y •adok,Clerk Heat FFrppCa ers, Mayor By�0-w-4 k Date: IX-r-cv'�t t- 21 io 2 e As Deputy Clerk ATTORNEY, JOHNSON, ANSELMO,MURDOCH, BURKE, PIPER&HOCHMAN, P.A. By: 1, E. Bruce Johnson, P er Date a o _ ti Approved as to form and content: s m Monroe County Attorneys Office 0 10-5-2020 N o Cad; gaff i....1 OP ID:PI A�o CERTIFICATE OF LIABILITY INSURANCE °'W"" " 020 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 REPRESENTATWE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the polleyliea)must be endorsed. If SUBROGATION IS WAVED,subject to the toms and conditions of the policy,certain policies may require an endorsement. A statetneM on this cedMcate does not confer rights to the certificate holder In lieu of such andomemen%s). METAL PRE NAME r Missy Rodriguez Professional Risk Specialty Gr A OlMielon of Brown&Brown uurc°�"E� Ep:954453-SZg5 �(M_sPl:._. Zest Federal Highwayq,�a3M E0RU --_. - - DearfiNd Beach,FL$3441-4146 Os:mvenwretAlbbfdaud.com qq RptJOHNSON x URISIBa1APRORDMO COVERAGE NACE MWREO Burke,Johnson,Ar&Hc,Murdoch, xaulT¢gA:Wsetpprt insurance CorQoredon 39515 Burke,Piper 8 Hochman,PA 2455 E Sunrise Blvd 11000 MauRER•,_ Ft.Lauderdale,FL 33304 xauRCR c: somas D: - _.... INSURER E: INSURER f: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. MA ADDL PAIR POLICY EPP POLICY EMI UR TYPE OP INSURANCE MD. WAXY MIYsER 110.1100/YTn IMMIDPYWYI LIMITS GENERAL MRRInY EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED A COMMERCIAL GENERALLUBILRV PREMISES REP pulls) % CLARI$MNE OCCUR MED EXP(Any ma perm.) % LAWYERS PROF LIAR WLA308010706206 11/30/2019 11/30/2020 PERSONALa..DUINLRT RETRO:FULL PRIOR ACTS GENERAL AGGREGATE 4,000,000 GET.AGGREGATE LIMIT APPLIES PER PRODUCTS.-COMF/CV AGO POLICYFT¶0 LOC AUTONOBLE LIABILITY COMBINED SINGLE LIMIT S (H aapnll ANY AUTO APPROVED RISK MANAGEM NT BODILY INJURY(Per pera[n) $ ALL OWNED AUTOS �I�� BODILY INJURY(Per mown() $ �SCHEDULED AUTOS {y/era �w PROPERTY DAMAGE I HIRED AUTOS Pr asa�uiai /� (PER ACCIDENT) S 1 NO+OWNEDAIJTOS S 10-7-7 l2n S UMBRELLA LW _ OCCUR EACH OCCURRENCE S — EXCESS LW CLAIMS-MADE AGGREGATE S _ DEDUCTIBLE $ RETENTION S S WORKERS COMPENSATION WC STATU- WH- AM EYPLOYEs3'lLVI11TY V,N — TORY I WITS ER . ANY PROPRIETOR/PARTNER/EXECUTIVE EL.EACH ACCIDENT L OFFICER/EMBER EXCLUDED? n NIA — (MandNWMNIK E.L.DISEASE-EA EMPLOYEE 1 IYxdevrsunM' Cf$CNPTICN OF OPEMnMsbba' EL.DISEASE'POLICY LIMIT S LDESCReev N Os.o duns£I LOCATNOMYS I VEHICLES (Math ACORD WI.Additional Rms.e BMdsle,H man apace I.required) DedtN�le:{15,000 Aggregate Loss Only CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe CountyBOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 MITMORQED REPRESENTATIVE 611985.2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD From:jones@jambg.com To: monroecountyfl monroecountyfl@Ebix.com CC: Subject: Updated Certificate of Insurance Date: 6/22/2020 10:03:41 AM Attachment(s): Pursuant to your request,please find an updated Certificate of Insurance. Lynn Jones@iambq.com