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01/19/2021 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Fiske &Company Contract 9 Effective Date: 1/19/2021 Expiration Date: N/A Contract Purpose/Description: This firm will provide expert witnesses services (forensic accounting) for the lawsuit, Disaster Solutions v. Monroe County. The cost (on a reimbursement basis) is being provided by the County's liability policy through Florida League of Cities. .. ................................................ Contract isiOngina Agreement Contract Amendment/Extension Renewal Contract Xfi 3174 CAY/7 (Name) (Ext.) (Department/Stop CONTRACT COSTS Total Dollar Value of Contract: $ NTE Current Year Portion: $ (must be less than$50,000) (If multiyear agreement then $49,999 requires BOCC approval,unless the total cumi.datiku amom is thali SSM)0.00). Budgeted? Yes® No F-1 Account Codes: 503-08503-530-454 Grant: $ no County Match: $ —N/A ADDITIONAL COSTS Estimated Ongoing Costs: $___/yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) CONTRACT REVIEW Changes Date In Needed Date In Department Head 1/26/2021 YesF-1 Nog Robert B.Shillinger 1/26/2021- 0 1-26-2021 County Attorney 1-26-2021 YesF-1 No[:� Risk Management -1-26-2021 YesF-1 NoF-1 1-26-2021 O.M.B./Purchasing 1/27/21YesE]NoF(] C h4,&Stu-nCL/13 j,6CkeU 1/27/20 1 Comments: $1 M P,ofesssional Liability , $1 M General Liability &Statutory Worker's Compensation and Employers Liability of$1 M/1 M/1 M. Monroe County should be named as Certificate Holder and Additional Insured on the General Liability. Revised BOCC 3/18/2020 Page 83 of 101 FISKE Certified Public Accountants& Consultants COMPANY January 19, 2021 Via e-mail to: hillinger-bobdmgnroecout� y�fl. ov Mr. Roman Gastesi Robert Shillinger, Esq. Monroe County Administrator Monroe County Attorney 1100 Simonton St., Suite 2-268 1111 12" St., Suite 408 Key West, FL 33040 Key West, FL 33040 Re: Disaster Solutions, LLC, a Florida Limited Liability Company, and Scott Lewis, individually, Plaintiffs vs. Monroe County, Florida, Defendant Gentlemen: The purpose of this letter is to summarize our understanding of the assistance Fiske & Company will provide to you and Monroe County, Florida in the above referenced matter. As such, we have been retained by you. All reports, communications and work product will be submitted to Monroe County and your attorney in this matter, Jeffrey L. Hochman, Esq., of the law firm of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. We understand that it may be necessary for you to share with us your theories of the case, strategy considerations,mental impressions, conclusions,and other thought processes that relate to your preparation of this matter for trial. It may also be necessary for you to relate to us communications between you and your attorneys. Consequently, we understand that the work performed by us will be confidential,constituting a portion of your work product,and is to be regarded by us as being covered by the attorney-client and work-product privileges. Any written reports or documents we prepare are to be used only for the purpose of this litigation and may not be published or used for any other purpose without our written consent. Further, Fiske & Company will abide by the confidentiality order issued to us in reference to this matter. We understand that your firm may also wish to engage us to assist you by providing expert witness services concerning business methods or trade practices, accounting, or finance in this or other matters. Should you wish to engage our firm, your decision will be made in full knowledge of the nature of the information previously disclosed to us. In such cases, we understand that any work performed in an expert witness engagement, as well as any other information disclosed to us, may be subject to the rules of discovery as appropriate for expert witnesses. We have performed an internal search of any potential client conflicts based on the names of the parties you provided. We have not found any client conflicts with respect to any of the parties. Should any possible conflict come to our attention in the future, we will advise you immediately. I will be responsible for the performance of our engagement with you. Other professionals working for the firm may assist me to the extent appropriate. Our standard hourly rates are between $75 and $435 per hour, portal to portal. Services such as hearings, trials and depositions will be billed at our expert testimony rates, which currently range between $300 and $485 per hour, portal to portal. Current hourly 1250 S. Pine Island Road Suite 300 Plantation, Florida 33324 American Institute of Certified Public Accountants Member 954 236 8603 954 236 8600 Florida Institute of Certified Public Accountants Member info@fiskeco.com 786 3698600 Women's Business Enterprise National Council Certification www.fisl<eco.com 786 3698600 Independent Member of BDO Alliance USA 561 9108600 Mr. Roman Gastesi Robert Shillinger, Esq. January 19, 2021 Page 2 rates by staff person are listed in Attachment A. Our hourly rates are subject to change on July 1st of each year. Our fees for this engagement will not exceed $49,999. When we are nearing this amount, you will be notified. Once work in progress and/or billings reach this threshold, services rendered will cease. Should you wish to continue services, a subsequent engagement letter will be issued. We reserve the right to defer rendering further services until payment is received on outstanding fees. Monroe County's performance and obligation and pay under this contract is subject to annual appropriation by the Monroe County Board of County Commissioners. This agreement will continue until the conclusion of delivery of services described in this agreement. This agreement may be terminated prior to that time by either party, upon delivery of notice to the other. In the event of termination, Fiske will deliver all work product prepared to that time, and Fiske shall be paid for all work performed through the date of termination. The confidentiality provisions noted in paragraph (1), above, shall survive the termination of this agreement. Fees for our services are based on the actual time expended on the engagement at the standard hourly rates for the individuals assigned. In addition to our professional fees,we are reimbursed the cost of any travel and out-of-pocket expenses. It is our firm's policy not to charge separate engagements concurrently for services rendered including portal to portal fees. Billings are rendered monthly and payment is due upon receipt of the invoice. Interest at a rate of 1 t/2% per month will be added to all balances more than thirty (30) days past due. The obligation for payment of our fees is the direct responsibility of you. If you disagree with or question any amount due under an invoice, you shall communicate such disagreement to us in writing within thirty (30) days of the invoice date. Any claim not made within that period shall be deemed waived. We are certain that you recognize that it is difficult to estimate the amount of time that this engagement will require. The time involved depends on the extent and nature of the information available. It also depends on the developments that occur as work progresses. It is our intention to work closely with you to structure our work so the appropriate levels of personnel from our staff are assigned to the various tasks in order to keep our fees at a minimum. In the event any attempt is made you or your representatives including, but not limited to, attorneys, accountants, or brokers, to unduly influence our opinion, or if I am instructed to limit work or employ methods with which I disagree, I shall have the right to terminate the engagement and to receive all fees and costs to date. Monroe County,Florida agrees that Fiske& Company's liability hereunder for damages,regardless of the form of action, shall not exceed the total amount paid for services rendered or $10,000, whichever is higher. In the event that formal collection procedures are required, Monroe County, Florida agrees to pay all expenses of collection and all attorneys' fees and costs actually incurred by our firm in connection with such collection, whether or not suit is filed thereon. If litigation is required regarding collection of the I � COMPANY Mr. Roman Gastesi Robert Shillinger, Esq. January 19, 2021 Page 3 account, we will be paid our hourly rates for all time actually expended by our firm in connection with such action. Furthermore,Monroe County,Florida,Johnson Anselmo et al.P.A.,and I agree that disputes arising under this agreement, including the scope, nature and quality of services to be performed by us, our fees and other terms of the engagement shall be submitted to mediation. A competent and impartial third-parry, acceptable to both parties, shall be appointed to mediate, and each disputing parry shall pay an equal percentage of the mediator's fees and expenses. No suit or mediation proceeding shall be commenced under this agreement until at least sixty (60) days after the mediator's first meeting with the involved parties. If the dispute requires litigation, the court shall be authorized to impose all defense costs against any non-prevailing parry found not to have participated in the mediation process in good faith. You, your attorneys, or the court itself will advise us, with sufficient notice, of the work to be performed by us and the requirement for appearance in court. Should information become known that would make our continued involvement in this engagement inappropriate or should the attorneys or parties involved in the litigation change, we reserve the right to withdraw from the engagement. You agree to hold this firm, its owners, and employees harmless from any and all liabilities, costs and expenses relating to this engagement, as well as expenses (and those of our legal counsel) incurred by reason of any action taken or committed to be taken by us in good faith. In no event will our firm be liable for incidental or consequential damages even if we have been advised of the possibility of such damages. In the event of any challenge to our report or opinion, or to the admissibility of our testimony, we will require immediate notification of such challenge. Fees for any services that may be required in defending our report or opinion against a challenge, including conferences,meetings, depositions,court appearances, and testimony, will be billed at the hourly rates listed above. We reserve the right to seek independent counsel for representation related to the defense of our opinions against a challenge; costs for such outside representation will be submitted to you. We do not take responsibility for the costs or fees that may be incurred in the defense of our opinions against a challenge. Please note that it is not our practice to retain work papers, e-mails, notes or data files that have been updated or superseded,unless shared with you or a third parry working with you. However,we will retain copies of e-mails,analyses,draft reports, or other materials provided by you or any third parry,or provided by us to you or any third parry. If you wish us to follow a retention practice that differs from those described in this paragraph, please indicate your specific request(s) in writing when returning a copy of this engagement letter. As part of the services provided under this engagement, Fiske & Company will comply with Florida's public records laws, including section 119.0701(2)(b), Florida Statutes, the text of which statutory provision is hereby incorporated into this document by reference as if fully printed on this page. I � COMPANY Mr. Roman Gastesi Robert Shillinger, Esq. January 19, 2021 Page 4 IF FISKE & COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT IS THE FIRM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ENGAGEMENT, THE FIRM WILL CONTACT MONROE COUNTY'S PUBLIC RECORDS OFFICER, BRIAN BRADLEY, C/O MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040, (305) 292 3470, r I - ri r u - I. The additional provisions contained in the attachment to this agreement are incorporated by reference into this agreement. If the arrangements in this letter are acceptable to you and the services outlined are in accordance with your requirements,please sign and return a copy of this letter. We look forward to working with you in this matter. If I can provide you with any additional information, please do not hesitate to contact me at 954-236-8600, extension 124. Very truly yours, FISKE & COMPANY `7, C i Sheri Fiske Schultz, CPA/ABV/CFF SFS/bhr The services described in this letter are in accordance with our requirements and are acceptable to us. ACCEPTED: ............ .., By January 26, 2021 Roman Gastesi, County Administrator Date ON BEHALF OF Monroe County, Florida This litigation support services engagement agreement consists of seven (7) pages including this one. All seven (7) pages must be returned to Fiske & Company ("Firm") after execution of this document with the requested retainer in order to retain Firm. If this document is not received by Firm fully executed by client with the requested retainer by ONE MONTH, the terms of this agreement and the offer to perform litigation support services pursuant to this agreement will be deemed null and void by Firm. FISKE COMPANY COMPANYF"ISKE LITIGATION FEE SCHEDULE -ATTACHMENT A Current Hourly Rates by Staff Sheri Fiske Schultz Managing Partner 435.00 485.00 Peter Gampel Director 425.00 475.00 David Goldweitz Director 300.00 350.00 Katie Gilden Director 290.00 340.00 Robert Hogan Litigation Analyst 270.00 Alison lavarone Litigation Analyst 225.00 Amy Fletcher Litigation Analyst 200.00 Gino Capece Litigation Analyst 195.00 Lauren Krasner Litigation Analyst 190.00 Brian Rohl Litigation Analyst 190.00 Zee Steele Financial Analyst 155.00 Emily Zhou Financial Analyst 135.00 Susanne Beckett Financial Analyst 90.00 Bob Javid Litigation Analyst 150.00 *Testifying in Depositions and Court **fee schedule as of'1 210 112 02 0 Fiske Company-Certified Public Accountants and Consultants 1250 S. Pine Island Road I Suite 300 1 Plantation, FL 33324 954.236.8600 1 www.fiskeco.com ATTACHMENT B The following additional paragraphs are incorporated into this agreement: 1. Section 2-152, Monroe County Code: Fiske warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former county officer or employee subject to the prohibition of section 2-149 [Monroe County Code] or any county officer or employee in violation of section 2-150 [Monroe County Code]. For breach or violation of this provision the county may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former county officer or employee or county officer or employee. 2. F.S. 287.133(2): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals, or replies on leases of real property to a 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 threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 3. F.S. 287.087: By entering into this agreement, the vendor certifies that it: a. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. c. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). d. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. e. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. f. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I � COMPANY 4. F.S. 448.095(2): Beginning 1-1-2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. By entering into this agreement, the vendor warrants that it has registered with and uses the E-Verify system, and that it will comply with the requirements in F.S. 448.095(2). I � COMPANY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)02/08/2021 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 SUBROGATIONIS 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 CAMICO SERVICES INC/PHS NAME: 57141555 PHONE (866)467-8730 FAX (888)443-6112 (A/C,No,Ext): (A/C,No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Hartford Casualty Insurance Company 29424 FISKE AND COMPANY INSURER B: 1000 S PINE ISLAND RD STE 440 INSURER C: PLANTATION FL 33324-3905 INSURER 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 HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/Y COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED $300 000 PREMISES Ea occurrence X General Liability MED EXP(Any one person) $10,000 A X 57 SBA BM9866 09/03/2020 09/03/2021 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑PRO- LOC Approved Risk Management PRODUCTS-COMP/OPAGG $2,000,000 JECT El 7;141_�.GQi OTHER: �/' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 2-9-2021 Ea accident ANY AUTO BODILY INJURY(Per person) A ALL OWNED SCHEDULED 57 SBA BM9866 09/03/2020 09/03/2021 BODILY INJURY(Per accident) AUTOS AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS I AUTOS (Per accident) X UMBRELLA LAB X OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE MADE DED X RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE I ER ANY Y/N E.L.EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE N/A OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below EMPLOYMENT PRACTICES Each Claim Limit LIABILITY Aggregate Limit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 1111 12th Street, Suite 408 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED Key west FL 33040 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 6f c�&12_1 � ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD