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Item Q2 �5 Q2 I`� County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 `ll Mayor Pro Tem David Rice,District 4 -re Florida.Keys ��� � � Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting February 17, 2021 Agenda Item Number: Q.2 Agenda Item Summary #7759 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470 No AGENDA ITEM WORDING: Approval of Fifth Amendment to Agreement for Provision of Legal Services with Bolton, Helm & Augustine, LLP (outside counsel for workers' compensation cases), to delete names of individual timekeepers and allow future revisions without the need for BOCC amendments. ITEM BACKGROUND: On February 20, 2013, the County entered into an agreement for legal services with George Helm, III, P.A., outside counsel for workers' compensation cases. Paragraph 5 of the agreement lists approved timekeepers by name. Until now, from time to time, it has been necessary to revise the list of timekeepers. The attorney list at this firm has been very stable. It will be more efficient simply to allow future additions/deletions to be approved by the County Attorney, without the need for BOCC approval of specific names. The amendment also designates George Helm as lead attorney and primary point of contact on all matters. The amendment is made retroactive to November 1, 2020, to make it effective for two recent name changes. PREVIOUS RELEVANT BOCC ACTION: Approval of 2013 agreement; amendments 1 and 2, to revise the list of approved timekeepers; amendment 3 to revise the name of the firm from George Helm, III, P.A. to Bolton, Helm & Augustine, LLP; amendment 4 to revise the list of approved timekeepers and add Florida public records language. CONTRACT/AGREEMENT CHANGES: Revises par. 5 to delete names of individual timekeepers and allow future changes without BOCC approval STAFF RECOMMENDATION: Approval. DOCUMENTATION: Revised 5th amendment signed by G. Helm Packet Pg. 2605 Q.2 George Helm Agreement 022013 George Helm 1st Amendment 112013 2nd Amendment 09212016 EXECUTED 4th Amend(Helm) BOCC 12 11 19 (N4) STAMPED EXECUTED G Helm Third Amendment signed FINANCIAL IMPACT: Effective Date of amendment: 12/9/2020 Expiration Date: None Total Dollar Value of Contract: As needed. 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: If yes, amount: Grant: County Match: Insurance Required: Yes, as specified in the Agreement(no change as a result of this amendment). Additional Details: No fiscal impact for the amendment. REVIEWED BY: Cynthia Hall Completed 01/07/2021 3:13 PM Bob Shillinger Completed 01/08/2021 11:54 AM Purchasing Completed 01/08/2021 11:59 AM Budget and Finance Completed 01/12/2021 8:27 AM Maria Slavik Completed 01/12/2021 8:33 AM Liz Yongue Completed 02/01/2021 4:13 PM Board of County Commissioners Pending 02/17/2021 9:00 AM Packet Pg. 2606 Q2.a FIFTn ANTENIai1 ENT TO AGREIat< ENT FOR PROVISION Or LEGAL SERVICES BE`r°WEEN MONROE COUNTY AND BOLTON, HELM&AuGUSTINE, LLP This Fifth An7endnlent ("Fifth 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 Con-imissioncrs 06 ("County") (collectively, the"Parties") is made and entered into as ofDecunber 9, 2020. E WITNESSETI-I 0 0 W14FREAS, paragraph 5 of the Agreement name, the tialtekeepers (attorneys and paralegals) authorized to wort: on legal services pursuant to this Agreement and lists the ha:acarly billiaag rata;s for each; and a� VA IL REAS, the Parties wish to aaniencl the Agreement ill order to make it possible to ,.1dCI"stab(raactian7cnd naarnes of tirnekeepers without the need 1br an annendment ;approved � by the BOW 017COunty Coninissionmi. The Pat-ties further wisli Or His change to niatde � rekoadive k) Novembo- 1, 2020, to alhnv Ar the payment of invoices received afflc.r that date with new iinickeepers listed ®II them, � NOW THEREFORE, in consideraation oft o multi l covenants and provisions contained a� herein, the parties amend the Agreement as Ibilows: � l_ Paamomph S ofdw Agreement "l�( oUlf raatcs and tinackeepers") is revised E in its entirety and rep hiccd to read aIsfollows. � !hudyr mates for atowneys and paaraa4gaals sball he as RAW, S1:30 per hour Ar dlorne;ys, S75 p)cr leoua`for para10gals, E The list of attorneys approved tO U°c9N aan W nme Ccatvy maatteis as of 1 1.1- iu 2020 is as Glla vs ("Approved Wmchcepum"): Gcorge A. l lelnn, Ill; Brian R. Bol0n; George W. 13(whig; i3rian r. l paanlcy; Brooke Shegdaa; and Courtney C, I.3aahe. W(Wge A. 1IcIrn, Ill, pscp., is dw-QNnal as tpac, p rinlaary point of'Contact 16a. all � Nlyroe County naaattes. Ile parties ag,rec that additiomil attorneys and pcarnlegaals may be assigned on It 0111_0C COH111 raaaatters a3s 11eC awry ��ritl�out E the aced Rw farther amendment oFthis lyE=rccanew Ilds IN of thuckeepers, may be amended (including f r the addhion c, deletion oFnaanies) upon the E prior wriacn ap7p n)vaal ofthc i Aonroc; C`ca u ty AttEaraiey. All atttorneys Band ti nckecpers will be billed at the lmudy rates sided above. LO 0 T ?. This Amendrriealt will be retroaNve to Novwnber 1, 2020. 1 In all other rupeds the remaining terms and conditions of the Agrcenicnt remain in full force and effect. E 1 Packet Pg. 2607 Q2.a IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and years written below. Board of County Commissiotiers Of Monroe County, Florida 06 Attest: By=. ___... ._. 0 Kevin M�rclolc, Clerk Michelle Coldiron, Mayor 0 By: _ _ Datc: A5 Deputy Clerk m.. e... V,or° the At.tonicy, � Bolton, l cTin ALt� usii11c, LL 1, By:- �. _.......... . .._. Gcor-e . I-lcln—j. I'r-esident E E Date LO U Packet Pg. 2608 Q.2.b AGREEMENT BETWEEN 1MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND GEORGE A. HELM, III, P.A. FOR THE PROVISION OF LEGAL SERVICES THIS AGREEMENT is entered into this day of ,2013, by and between the Monroe County Board of County Commissioners "County") and George A. Helm, III, P.A. ("Attorney"). WHEREAS, the County wishes to enter into this agreement with the Attorney so that the 0 c Attorney will act as private legal counsel to the County; NOW THEREFORE, IN CONSIDERATION of the mutual premises contained herein, the parties agree as follows: 1. Client: The Client is the County, and to the extent ethically permissible, its elected and appointed officers and its employees, unless County advises Attorney otherwise. In � the event that the Attorney cannot ethically represented individuals in addition to . County, Attorney shall so advise the County of that fact immediately. y . Attorney: Attorney is the person or firm named above. The Attorney may not delegate or outsoure this work without the prior written consent of the County. 0 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 appropriations by the Monroe County Board of County Commissioners. 4. Scope of Work: Attorney shall provide legal services and advice to the County regarding workers' compensation clams, 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. N a. Professional ability to perform work: Attorney warrants that he or she is authorized by law to render services for the scope of work set forth in this � paragraph. The Attorney further warrants that all of the approved timekeepers listed below are authorized by the Mules of the Florida Bar to engage in delivery 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 she is authorized to enter into this agreement by Attorney's firm. a, b. The Attorney is responsible for managing the matter cast-effectively and 0 competently,e.g., by ensuring that the authorized timekeepers are competent, properly supervised, efficient, and in compliance with the terms of this Agreement as well as ethical obligations. . Hourly rates and timekeepers: Hourly rates for attorneys and additional timekeepers will be set as follows: Packet Pg. 2609 Q.2.b Attorneys Billing late George A. Helm, III 13 Brian B. Bolton 130 George W. Boring, III 130 Sohn P. Brooks 13 Paralegals Billing Date Gail Kamm CO Tracy Marshall 75 Mitzi Protasevich 75 Janet Wade 75 Sydney Wheeler 75 Brooke Shegda 75 Laura Smith 75 y 0 6. Special Conditions Regarding Representation; a. Attorney has been retained by County to provide the scope of services described in Section 4 above. Attorney represents that he or she is competent and available to handle that matter. In the event that additional matters are assigned by County to Attorney, this agreement shall apply to those matters as well,unless a separate Agreement is required by the County. N N b, Review of ethical obligations before initiating representation: Attorney has 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, 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 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 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 The 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 Packet Pg. 2610 allegedly treed by County to Attorney; and (c)obtain reimbursement for consequential expenses incurred by County, including the cost of replacement counsel. 7. Payment: Payment will be made upon receipt of a proper invoice with documentation of services rendered,pursuant to the Florida Local Government Prompt Payment Act. E a. Fees: Attorney shall provide a general description of the matter; clearly identify 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 upon within the same day); describe within each itemized daily task entry, in sufficient detail to readily allow the County to determine the necessity for and reasonableness of the time expended, the services performed,the project or task each service relates to, the subject and purpose of each service, and the names of others who were present or communicated with in the course of performing,the � service. Billing shall occur in increments of 0.1 hours. b. Travel expenses will be reimbursed in accordance with the applicable provisions for"approved travelers"of the Monroe County Code, and will be summarized on 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. 0) C. Reimbursable expenses: Court filing fees and costs, witness fees (including experts and consultants), and court reporter fees. d, lion-reimbursable expenses: All other costs will be non-reimburseable, including �. but not limited to postage,photocopying, facsimile, telephone charges, courier charges, computerized research, facsimile charges. & Termination: The agreement can be terminated by either party with or without cause with 90 days prior written notice, 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 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 Monroe County, the County, or their agents and representatives. 10, 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. Packet Pg. 2611 Q.2.b 11. Indemnification and Hold Harmless: The Attorney agrees to indemnify and held 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 snits filed due to the negligent acts, errors or omissions of the Attorney employees and/or agents. 12. Insurance. Throughout the terra of this engagement, Attorney shall maintain Professional 06 Liability Insurance in the minimum amount of 1.0 million per occurrence, Prior to the effective E date of this Agreement Attorney shall provide to the County certificates of insurance, 0 1 . Taxes: Monroe County is exempt from federal excise and state sales and use taxes. 14, Independent Contractor, It is the intent of the parties hereto that the Attorney shall be - 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 time be legally responsible for any negligence on the part of said successful responder, its employees or agents,resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 1 . Disclosure: The Attorney shall be required to list any or all potential conflicts of interest, y 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, involving any client's interest which may conflict with the interests of the County. 1 . Assignment; 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 execute such contract to any person, company or corporation without prior written consent of the County.. IT Force,Majeurea 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, 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, epidermic,quarantine E restriction, accident, fire, explosion, storm., flood, drought, or other act of God, act of any 2 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. I& Governing; Law/Venue: This agreement shall be governed and construed by and in 0 accordance with the laws of the State of Florida and constitutes the entire agreement between the County and Attorney, 'Venue of any court action filed relative to this agreement shall lie in � Monroe County, Florida. 1.9. 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 Packet Pg. 2612 Q.2.b 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. 2 e Severabilit : if any provision of the agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application of 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 06 permitted by lain. E 21. Notice: Any notice required or permitted under-this agreement shall be in writing and hand-delivered or mailed., postage prepaid by certified mail, return receipt requested, to the other party as follows- For Monroe County: For Attorne Monroe County Attorney's Office Q 1111 12 ' t., Suite 408 'A i7coy Key West, FL 3[l4(l 4,4 ��Q?rA- -3 — 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 Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance o. 10-1990. For breach or violation of the provision, the County may, at its discretion � terminate 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. 2 . public Entity Crime Statement: A person or affiliate who has been placed on the 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 work, may not submit responsesibids 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 E with any public entity, and may not transact business with any public entity in excess of the 2 threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. E 24, General Requirements: 8 a) Ownership of Attorney files and work product: Attorney understands that all files and work product prepared by Attorney or his or her firrn 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 s Packet Pg. 2613 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 paying the actual cost of storage). Attorney shall provide County with prompt access to (including the ability to make copies of) all attorney files and work product, regardless of whether the representation or matter is ongoing and whether attorney fees and expenses have been paid in frill. 06 b) Dispute resolution: Attorney and County agree that all disputes regarding Attorneys � fees or expenses are to be resolved pursuant to the procedures and practices for mediation by the Attorney Consumer Assistance Program of the Florida Bar. 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 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 E either party unless such waiver, amendment or modification is in writing and signed by the party against whom the waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. 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. 0 e) Conflicts in interpretation. The County and Attorney agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between there, the final interpretation by the County shall apply. 0 Adjudication of Disputes and Disagreements. The County and Attorney agree that all disputes and disagreements between them shall be attempted to be resolved by a meet and confer W session between representatives of the County and Attorney. If the issue or issues are still not resolved to the satisfaction of both within 30 days after the meet and confer session, then either shall have the right to seek such relief as may be provided by this Agreement or by Florida law. g) Cooperation. In the event any administrative or legal proceeding is instituted against E either the County or Attorney relating to the formation, execution., performance, or breach of this 2 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 M to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. 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 law except to the extent of actual and timely performance thereof by the ether, 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 Packet Pg. 2614 Q.2.b 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 this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, court costs, investigative, and out-of-packet 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 this Agreement or as may be required by a court of competent jurisdiction shall be conducted in CO accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. j) Non-Discrimination. Attorney shall not discriminate, in its employment practices and in E providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall abide by all federal and state laws regarding non-discrimination. Upon a determination by a court of 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. y Attorney is aware of the provisions of Section 13-101 through 1 -106, Monroe County Code, relating to non-discrimination, and agrees to abide by the Code's nondiscrimination 0 requirements. k) Claims for State or Federal Aid. The County and 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 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 terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or 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 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 contemplated under this Agreement. m) Execution in Counterparts. This Agreement may be executed in any number of °' 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. 7 Packet Pg. 2615 . . Q.2.b IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Attest: 3 George elm, II P.A. By Witness s eor e' elm, III (Print Na ne:) (SEAL) M1 JE COUNTY BOARD Attest. AMY L. HE YILIN, Clerk OF C® T C nIRI E By Deputy Clerk Q MONROE COUNTY ATTORNEY � ArU= T YNT rA L. A L ASS S NTf 0UNTY ATTORNEY bats ��Ot� N N e s Packet Pg. 2616 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 AGENDA ITEM WORDING: Approval of First Amendment of the Legal Services Agreement with 06 George Helm, III,P. A. to provide legal services and representation in the area of workers' compensation claims for Monroe County. 0 ITEM BACKGROUND: Amending section 5 of current agreement in order to update approved e timekeepers. PREVIOUS RELEVANT BOCC ACTION: Original agreement entered into on July 19, 2006. First amendment approved by BOCC March 19, 2008; Second amendment approved by BOCC July 20, 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 an CD agreement for the provision of legal services effective February 20, 2013. CONTRACT/AGREEMENT CHANGES: Updating of timekeepers only. 0 STAFF RECOMMENDATIONS: Approval approx TOTAL COST: $30,000 �_INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: W 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 APPROVED BY: County AttyeOIB/Purcfas/ing Risk Management.l( 03 DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# G33 0 Revised 7/09 Packet Pg. 2617 Q.2.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 matters. This will be an ongoing contract that will be billed hourly. Contract Manager:g 4448 Employee Services o Maria Fernandez-Gonzalez (Name) (Ext.) (Department) for BOCC meeting on November 20, 2013 A ends Deadline: November 5. 2013 CONTRACT COST Total Dollar Value of Contract: $30,000 yj Current Year Portion: $19,527.50 4pprox Budgeted? Yes® No ❑ Account Codes: 501-07503-530318- - Grant: $ County Match: $ _ _ _ _ ADDITIONAL COSTS E Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e .maintenance,utilities, janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date. ® Needed viewe Division Director Yes❑ No[6 -12-, 0. .- Risk Management ®. Yes❑Nqff E O.M.B./Purc asin l f p1 b' Yes No 1- — g ❑ ! l 1 County Attorney t 15 Yes❑No t Comments: OMB Form Revised 9/11/95 MCP#2 Packet Pg. 2618 FIRST AMENDMENT To AGREEMENT DATED FE.BRUARY 20, 2013 BETWEEN 11^ ONROE 'CC)COUNTY AND GEORGE A. HELM,, III,, P.A. FOR THE PROVISION OF LEGAL SERVICES On this the 20 day of November, 2013, A.D., 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., 111, P.A. ("Attorney"), hereby entered into this 06 First Amendment to their agreement dated February 20, 201 w W1TNE`aSE'ri-i 0 WHEREAS, the Agreement between the parties specifies the names of authorized timekeepers, and - WHEREAS, it is necessary to amend the Agreement from tune to time in order to revise E the list of approved timekeepers and their rates; and 2 WHEREAS, the parties now desire to amend the Agreement in order to add the names of � attorneys, Brian T. Hanley and William 1-1. I_.ore and delete tile names of attorney, John P. Brooks and paralegal, Laura Smith.. � NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the February 20, 20131 Agreement as follows: 1. Paragraph 5 of the Agreement, entitled Hourly Rates and firnekeepeer_s, is replaced ira its entirety as follows; Hourly rates for ATTORNEY NEY and additional Timekeepers will he set at: .Approved Time beepers N At6rrneys Billing Rate George helm, Esq. $1X00 George Boring, Esq, $1-10.00 Brian Dolton, Esq $1 a .00 Brian T. Hanley l C100 William 14. Lore $130. 0 n Paralegals Billing Rate � Gall Karnm $ 7 .00 a, Mitzi Protasevich 75.00 Tracy Marshall $ 75.00 Laura Smith 75.00 RECEIVED Sydney Wheeler- $ 75.00 E Brooke Shegda 7 ,0 Janet Wade $ 75,00 BENFFrTs l Packet Pg. 2619 ATTORNEY will charge no more than the hourly billing rate quoted above throughout the duration of the specific natter referenced, unless otherwise agreed to in writing and approved by the COUNTY in the sane manner as in this first Amendment to original agreement. . Except as mated atiove, the balance of terms and conditions of the green-lent remain in full farce:and effect. . This amendment shall be retroactive to the I" day of August 2013. Beard of County Commissioners Of Monroe County, Florida V wu. av ilin, Clerk Georg�'�cu ayF r By: late; �. .� Ielauty re-- 76 4 1c).41-23 (n For the Attorney c 0 George A. l lelm, 111, P.A, By: Witness: ( print . nee c' Title E Date ,. m ; , � ' E Print 1 e MONROE COUNTY ATTORNEY CY THI L, H HALL ASSISYNT COUNTY ATTORNEY Date d U Jed Packet Pg. 2620 t 1 SECOND AMENDMENT TO AGREEMENT DATED FEBRUARY 20,2013 BETWEEN MONROE COUNTY AND GEORGE A.HELM,III,P.A. On this then 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 06 November 20, 2013. WITNESSETH 0 WHEREAS,paragraph 5 of the Agreement between the parties specifies the names of authorized timekeepers; and WHEREAS,it is necessary to amend the Agreement from time to time in order to revise E 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. y 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 m amended to delete the names of William H. Lore, attorney, and Laura Smith, paralegal. 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. N 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. 4. This Second Amendment shall be retroactive to the 1st day of June 2016. N [The remainder of this page intentionally left blank.] 1 Packet Pg. 2621 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 fit- 506 Attest: By: avilin, Clerk �C--err leers, Mayor toro rem 'eo�QC NQap..nt, 1 23 p ,CSOd'I Date: Clerk o ^" For the Attorney, George A Helm, III, P.A. B4orge GHelm, III, Esq., Owner Witness: I� r � i Date I r w OL Print Name - L, cv L._ N y -- t_._ W G:., J. MONROE COUNTY ATTORNEY c.- A ROV AS O R " YNTHIA L. HALL ASSIST NT COUNTY ATTORNEY Date_ 2 Packet Pg. 2622 cTQ�,,,cou'�acd� Q.2.e Kevin Madok, CPA rye.. Clerk of the Circuit Court& Comptroller— Monroe County, Florida •. cyR�Cooeeti ff7 DATE: December 13, 2019 TO: Kathy Peters, CP County Attorney's Office FROM: Pamela G. Hanco41rC. SUBJECT: December l Id'BOCC Meeting Attached are electronic copies of die following items for your handling: N4 r 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 y timekeeper. N5 Amendment to die Agreement with Baker, Donelson, Bearman, 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. &Debra J. 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 U- $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 Patens (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 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 ZPWacketti �Pg2623 305-294-4641 305-289-6027 305-852-7145 FOURTH AMENDMENT TO AGREEMENT FOR PROVISION OF LEGAL SERVICES BETWEEN MONROE COUNTY AND BOLTON,HELM&AUGUSTINE,LLP 06 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 Commissi7p ("County") (collectively, the "Parties") is made and entered into as of December 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 y Attorney as an authorized timekeeper; and 0 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 W 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: c, 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. 03 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 Lu inspected or copied within a reasonable time at a cost that does not exceed the e® cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. Lu c, 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. 2624 Q.2.e 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 06 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 0) compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO y 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(a,monroecounty-fl.2ov, c/o Monroe County Attorney's Office, 1111 12' St., Suite 408, Key West FL 33040. E 4. In all other respects the remaining terms and conditions of the Agreement remain in frill force and effect. cv [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 2 Packet Pg. 2625 Q2.e c� IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and years written below. 06 E Board of County Commissioners Of Monroe Cot ty, Florida e 0 q{ 11 A1]n . 7�� - dok Clerk By: � � , r a Heather Carruthers, Mayor cD Q n � Date: Gt�c.e,� Zo t g Deputy Clerk For the Attorney, Bolton, I- n & Augustine, LLP By. .. E - r Prin ,Name and Title Date `V ca ca o _t.r APPROVED AS TO FORM AND CONTENT r'• MONROE COUNTY ATTORNEY'S OFFICE: Q j Digitally signed by Cynthia L.Half ///��� DN:cn=Cynthia LHall, �• w (V / �• ./�Q o= County BOCC,ou, '�./•/V•Iry.,+�^•U �{IL'.•f_�1 email=haail=hall- ....,.. .t-' -c'nth omonroecounty-B.gov, ' ��• Date:2019.12.05 13:51:19-05'00' f v/ 0. 3 Packet Pg. 2626 Q.2.e OP ID: BC ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE /10120Y 1210/209 19 � 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 06 certificate holder in lieu of such endorsement(s). PRODUCER NCOA V T Bridget Cunningham B&B Protector Plans,Inc-PSP PHONE FAX 655 N.Franklin St.Suite 2000 A/c No EXt: AIC No): Tampa,FL 33602 ADDRESS: bcunningham@bbprograms.com Bridget Cunningham PRODUCER CUSTOMER ID#:BOLTO-2 INSURERS AFFORDING COVERAGE NAIC# INSURED Bolton, Heim&Augustine, LLP INSURER A:ATTPRO RRG RECIPROCAL RISK 14146 DBA Public Entity Legal SOIUtIOnS INSURER B: 615 Crescent Executive Ct INSURER C: E Suite 600 INSURER D: Lake Mary, FL 32746 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 2 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, N EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR ADDLSUBR POLICY EFF POLICY EXP L7R TYPE OF INSURANCE INSg WVp POLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS CD GENERAL LIABILITY � EACH OCCURRENCE S DAMAGE TO RENTE7� 0 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence S CLAIMS-MADE F—IOCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY S GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S POLICY PRO LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO BODILY INJURY(Per person) S . . ALL OWNED AUTOS BODILY INJURY(Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE HIREDAUTOSP C I T (PER ACCIDENT) S NON-OWNED AUTOS CIA $ WAAVER S..., $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ P' EXCESS LIAB HCLAIMS-MADE AGGREGATE S C) DEDUCTIBLE $ RETENTION S S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S Z OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEd S If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT S A Prof.Liability RLPL100914 04/01/2019 04/01/2020 Per Claim 1,000,0( (Claims Made) Aggregate 2,000,0( 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 UJ 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 �7:liLR *'. C— / -•^-- ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Packet Pg. 2627 Q.2.f THIRD AMENDMENT TO AGREEMENT FOR PROVISION OF LEGAL SERVICES DATED FEBRUARY 20,2013 BETWEEN MONROE COUNTY AND GEORGE A.HELM,III,P.A. 06 This Third Amendment ("Third Amendment") to the Agreement for Provision of Legal Services dated February 20, 2013 ("Agreement") is made and entered into as of August , 2018, by and between the Board of County c Commissioners of Monroe County, Florida(hereinafter called the "County"), and George A. Helm, III, P.A. ("Attorney") (hereinafter collectively, "the Parties") WITNESSETH E WHEREAS,paragraph 5 of the Agreement lists the attorneys and other professionals who are approved to work on County matters; and WHEREAS, it is necessary to amend the Agreement from time to time in order to revise y the list of approved timekeepers and their rates; and WHEREAS, the Parties now desire to amend the Agreement in order to add the name of c attorney Philip R. Augustine as an approved timekeeper. 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 add the name of Philip R. Augustine as an Attorney, at the rate of$130.00 per hour. 2. Except as noted above,the balance of terms and conditions of the Agreement remain in full force and effect. 3. This Amendment will be retroactive to July 13, 2018. [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 1 Packet Pg. 2628 Q.2.f 06 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and years written below. Board of County Commissioners Of Monroe County,Florida c Attest: By: Kevin Madok, Clerk David Rice, Mayor By: Date: Deputy Clerk 0 For the Attorney, George A. Helm, III, P.A. Witness: J y Print Name & itle to A � LL - .-1 - Date GAP q Print Name Uj Uj Uj MONROE COUNTY ATTORNEY A € -A T YF CL X$M: Y TIA C. A ASSIS ANT )COUNTY ATTORNEY Date 1 2 Packet Pg. 2629