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Item R6 �s R.6 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Number: R.6 Agenda Item Summary #8096 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470 No AGENDA ITEM WORDING: Approval of Amendment to Agreement with West Group Law PLLC to revise the scope to include legal services and advice relating to the County's Solid Waste Contracts, upcoming competitive solicitations, and other solid waste matters. ITEM BACKGROUND: This Amendment revises the scope of work in the Agreement to include legal services and advice relating to the County's Solid Waste Contracts, upcoming competitive solicitations, and other solid waste matters as needed. Mr. Steven "Tip" Torres, a former member of Pannone Lopes Devereaux & West LLC (PLDW) and now a member West Law Group PLLC, was very valuable in assisting legal staff on matters relating to the yard waste gasification project and other solid waste matters. The County Attorney desires to utilize Mr. Torres' services on upcoming solid waste matters. The County entered into an Agreement with PLDW on September 16, 2015 for specialized legal services to assist with the agreement for the gasification project, which was assigned to West Law Group PLLC, as the successor to the PLDW Municipal Infrastructure Team effective March 1, 2017. The Agreement was also amended on July 19, 2017 to add a timekeeper and to remove the $50,000 cap in payments. PREVIOUS RELEVANT BOCC ACTION: Approval of Agreement with the law firm of Pannone Lopes Devereaux & West LLC ("PLDW") on September 16, 2015; Approval of Consent to Assignment and Amendment to Agreement with West Law Group PLLC on March 15, 2017; Approval of a Second Amendment on July 19, 2017. CONTRACT/AGREEMENT CHANGES: Revised scope of services STAFF RECOMMENDATION: Approval. DOCUMENTATION: Amendment to Agreement 4 2121 - West Group (Steve Torres) - REV(signed) Packet Pg. 3341 R.6 PLDW Original Agreement 9 16 15 Consent to Assignment to West Group and Amendment 3 15 17 Amendment(2nd)to West Group Agreement 7 19 17 West Group Insurance FINANCIAL IMPACT: Effective Date: April 1, 2021 Expiration Date: Upon completion of legal services relating to the County's solid waste contracts, competitive solicitations and related solid waste matters. Total Dollar Value of Contract: TBD Total Cost to County: $300.00/hour Current Year Portion: $300.00/hour Budgeted: Yes Source of Funds: 67507-530318 CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes, Updated Professional Liability COI to be provided. Additional Details: 04/01/21 001-67501 - COUNTY ATTORNEY GENERAL $300.00 $300.00 per hour REVIEWED BY: Bob Shillinger Completed 04/05/2021 5:42 PM Christine Limbert Completed 04/05/2021 8:47 PM Purchasing Completed 04/06/2021 8:06 AM Budget and Finance Completed 04/06/2021 8:30 AM Maria Slavik Completed 04/06/2021 11:51 AM Liz Yongue Completed 04/06/2021 11:59 AM Board of County Commissioners Pending 04/21/2021 9:00 AM Packet Pg. 3342 R.6.a AMENDMENT TO AGREEMENT This Third Amendment to the Agreement dated September 16th, 2015 is entered into this 21st day of April 2021, by and between Monroe County, a political subdivision of the State of Florida,hereafter COUNTY, and WEST GROUP LAW PLLC (WGL),hereafter ATTORNEY. 0 WHEREAS, on September 16, 2015, the COUNTY and Pannone Lopes Devereaux & West LLC (PLDW) entered into a contract to provide legal services and representation to the m COUNTY(Agreement); and WHEREAS, on March 15, 2017 the COUNTY assigned the Agreement from PLDW to WGL effective March 1, 2017 and amended the Agreement to add the then new statutorily required public records language under Chapter 119,Florida Statutes; and .2 WHEREAS, on July 19, 2017 the COUNTY entered into a Second Amendment in order to add a timekeeper and to remove the $50,000 cap on the payment to ATTORNEY; and WHEREAS, the COUNTY seeks to amend the Scope of Work to include legal services and advice relating to the County's Solid Waste Contracts, upcoming competitive solicitations, W and other solid waste matters where ATTORNEY's legal services and advice is needed. This LU Amendment also amends Paragraph 6.3 of the Agreement to deleted Anthony Gallone and to add Jillian N. Jagling as approved Time Keepers; Now therefore, in consideration of the mutual promises of the original agreement as � amended herein,the parties agree as follows: 1. Paragraph 4 of the Agreement shall be amended as follows: 2 4. SCOPE OF THE WORK Our representation is limited to providing legal services and advice to Monroe County, Florida("Client") in connection with: The COUNTY's solid waste contracts, including research,review, draft and negotiations of the County's solid waste contracts,upcoming competitive solicitations and other related solid waste matters and to provide the County Attorney and County officials legal advice, counsel and E support in conjunction with their solid waste contracts and other solid waste matters. We may agree to further limit or expand the scope of our representation from time to time,provided that we confirm any such changes in writing,which may be accomplished by email. Our only client in this matter will be Monroe County,Florida, and our firm will not be representing any other entity or person in connection with this matter. Amendment to Agreement with WGL April 21, 2021 Packet Pg. 3343 R.6.a 2. Paragraph 6.3- Hourly Rates, and Changes to hourly rates of the Agreement shall be amended to deleted Anthony Gallone and to add Jillian N. Jagling as set forth as follows: The ATTORNEY has agreed to a blended rate of$300 for all attorneys. 0 Approved Time Keepers: Name: Hourly Rate: Steven"Tip"Torres $300.00 Teno A. West $300.00 Renata Benedini $300.00 Anthony Gallene $300A0 William A. Lawrence $300.00 Jillian N. Jagling $300.00 3. This Amendment shall be effective as of April 1, 2021. W 4. In all other respects,the remaining terms of the agreement entered into September 16, 2015, as amended March 151h, 2017 and July 19, 2017 and not inconsistent herewith, in shall remain in full force and effect. 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first written above. L. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,Clerk OF MONROE COUNTY, FLORIDA By By: As Deputy Clerk Mayor/Chairman cv T- cv WEST GROUP LAW PLLC(WGL) (ATTORNEY) Witness: B - Signature o Signature bn/-U t� �. :C� P�(c�Nu NG /�• tST AtJa 1"�-r�N� Printe 'Name itle Printed Name/Title Date: �/'1 ��Oil � / MONROE COUNTY ATTORNEY ( � 'OPRQU..}.D AS TO FO 4: Amendment to Agreement with WGL CHRISTINE LIMBMFf BARROWS ASSISTANT COUNTY A1 Y April21, 2021 E 4/1/2 Packet Pg. 3344 n R.6.b At;REELMENT BETWEEN MONROE COUNTY AN PANNONE LOPES DEVEREAUX& WEST LLC THIS AGREEMENT- made and entered into this iLLT day of September, ?015, by and between the BOARD OF COUNTY COMMISSIONf"RS OF MONROF COUNTY, FLORIDA. ("COUNTY"), a political subdivision of`the State of Florida whose address is 1100 Simonton Street, Key West, Florida 33 C}lb, and I�ANNC�NI LOPES I)l:t�E RFAf1X c4 1�EST I,C` (.`I'I.D "'and "A''1701kNE'Y regarding the retention of ATTORNEY by COUNTY to provide legal advice and services. WtIEREAS. it is in the public interest of`COUNTY to have legal representation as set Out below, and WHEREAS, the ATTORNEY has agreed to provide legal representation to the COUNTY as set Out;below. 0 NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as followws: 1. TIDE CLIENT 0 The Client is the COUNTY. acting by and through its drily elected and appointed otficers and its en-iployees. I2. TIME ATTORNEY ATTORNEY is a limited liability corporation named above and whose legally authorized signatcrreLO appears at the bottom of this Agreement. ATTORNEY is licensed to practice law in New York, Massachusetts and Horida. ATTORNEY has been retained specifically because ATTORNEY is understood by COUNTY to be able to handle this matter. If A'ITOIZNI Y practices with others who may also provide services to COUNTY, lie or she understands that COUNTY expects that :ATTORNEY will be � responsible for managing the representation,assuring compliance of`othe€s with the terms of this Agreement and ethical requirements, preparing and substantiating all bills,and communicating wvitli COUNTY.. A.ITORNI{Y may not otrtsource this wwtrr-lc ww ithout firll written disclosure to,and prior written approval from,the COUNTY. 3. TERM OF AGREEMENT This Agreement and representation by ATTORNEY is effective upon execution by A"l"l`f RNElY and acceptance and al l roval by COUNTY in accordance with COUNTY'S policies, ordinances, or CL governing ;statutes. The representation shall continue until terminated by either the COUNTY, or by the A`I'TORNIJY in accordance with ethic-al requirements and/or the terms of this Agreement. E . SCOPE 31+`I'itE WORK Our representation is limited to providing legal services and advice to Monroe County, Florida ('Client'") in cor€nection with: Research, review, draft acid negotiation of a waste supply contract with Energy 3 I,LC for 4110655025 L' l r` Packet Pg. 3345 R.6.b development of a gasification facility log- disposal covered waste generated in Monroe County and provide tlae County Attorney and County officials legal advice, counsel and support in counjtunction Willi contract and project development. We may agree to Further limit or expand the scope of our representation from time to time. provided that we confirm any such changes in writing,, which may be accomplished by entail. Our only client in this matter will be Monroe County, Florida, and our Firm will not be representing any other entity or person in connection with this matter. 4.1 Professional ability to perform work.aono ntnentofcontract naana e�i A'11"ORNEY warrants that he or she is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. a. ATTORNEY shall designate an individual attorney to be the contract manager for cacti matter and the contract manager shall at all tinges exercise independent., professional judgment and shall assume 0 professional responsibility For the services to be provided. ATTORNEY warrants that lie or she and the authorised time keepers are authorized by law and the Pules and Regulations of The F -ida fear to engage in the performance of the. activities encompassed by this Agreenieuit. if ATTCII�ts(ltY i a member � of a law firm.either as partner, shareholder, associate, or other relationship, ATl"tu}R1s EY warrants that lie or she is authorized to enter into this Agreement by the law firm, c 1.2 Ma naggli t ol`title ket lac a s ATTORNI"Y is responsible far niaanaging the matter cost-effectively and competently, e.g., by insuring that additional tinge-keepers are competent, properly supervised, efficient, and in compliance with the ternis of this Agreement as well as with all ethical obligations set forth in the Rules of LO Professional Responsibility of the Florida liar. 5. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS OF INTEREST � BEFORE INITIATING REPRESENTATION ATTORNEY has conducted a thorough investigation and determined that neither A'l"roRNEY nor his or her firm has any ethical impediment„ real or potential, including ball not limited to conflicts of interest, to representing,COUNTY, To the extent that any ethical impediment, real or potential, is discovered or ever arises, ATTORNEY NEY shall immediately inform COUNTY in writing of tine impediment (regardless ofwhetlier A°f TORNEY believes he or she has taken all steps necessary to avoid the impediment and regardless of j whether ArroRNPY believes that the impediment is insubstantial or questionable), make Bull disclosure of the situation to COUNTY, obtain C:CyUNT'Y' express, written constant to continue tlae representatioui of the CL other client., and take all other reasonable steps to avoid or mitigate the impediment. Notwithstanding, the foregoing, COUN'l'Y understarids and agrees that A'IYFORNEY may in the fiutaure represent clients before COUNTY in unrelated matters.COUNTY agrees to consider reasonable waivers of these conflicts in accordance � Willi Rule 4-1.7 of the Rules of Professional Conduct ofThe Floridan liar_a copy of which is attached as Exhibit "A",as such Rulc may apply to the particular matter. fa. PAYMENTS TO ATTORNEY ATTORNEY shall submit to COUNTY invoices with supporting documentation acceptable to the C'lexk oil a schedule as set Birth in tine contract, The total dollar amount cal"this contract shall not exceed Packet Pg. 3346 . R.6.b $50,000.00. Acceptability to the Clerk is based on generally accepted accounting principles and sriclt laves, rules and regulations as naay govern the Clerk's disbursal cal' funds, All services provided with respect to this tagreenient will be billed on a current basis with monthly invoices sent to you that; will. contain ftill detail as to the specific effort, hourly rates, and reimbursable expenses incurred by ATTORNEY on `OUNTY'S behalf`.. .1 Attorney Fee llqurl ATTORNEY will be paid for his or her services bused on the number of hours expended on behalf of C OIJNTY (rounded to the nearest tenth hods- for each titne entry), not to include tirne billable to or conipensated by other clients, multiplied by the ATTORNEYS hourly rate. The followinO Miniinnan billing documentation and tir e-keeper requirements are to condition precedent to payinent by the COUNTY. 6.2 Non-billable time ATTORNEN will bill COUNTY only for tune reasonably and necessarily incurred to render professional services can COUNTY'S behalf in accordance with this Agreement. Tillie attributable to billing questions is not billable. Tinge expended by time-keepers who have not been approved by COUNTY is also not billable. c 6.3 f ft�iirly l atus,�ailcf C Baia us to laourl at s � Tlie ATTORNEY has agreed to a blended rate of`la 3 0 for all attorneys. m Approved 'rime Keepers: LO Name:: Hourly Rate: Steveai 'I'll)" Torres $300.00 Teno A. West $300.00 Renatta Beatedini $300.00 Anthony Gallone $300.00 William A. I-awrence ` 300.00 — ATTORNEY will charge no more than tlae hourly rate quoted above throughout the duration of' the niatter, unless otherwise agreed in writing and approved by COUNTY in the same rnanner as CL Agreement. The hourly rate to be ganged by thee lavvyers and paralegals are reviewed manually and should AT"l ORNUN determine that a rate adjustment is warranted fair this engag-enient the COUNTY fY will � be notified in advance of any change. i o 6.4 Discounts to catcher Clients The rates set forth {above are those ctirrent hourly rates charged to other clients of A"l'TORNI°Y. Af'I`fJpi` EY does not have a special goverinuent mite that is applied to all g,overninLatal entities who s may be a client of'ATTORNI Y, but agrees that if ATTORNEY creates a special government rate for the time keepers set forth herein or subsequently approved.that rate shall apply to COUNTY in this matter. .S rl'0655025 V l Packet Pg. 3347 . R.6.b 6.5 1'i�a� keeper As used in this Agreement, the term"time keeper"shall include A f`lT RNFY and other ATTORNEYS and individuals identified in paragraph 63 of this,Agreement who will be providing,set-vices tender this Agreement and who will bill the COUNIX for their services in accordance with this Agreement. 6-51 l_a!talicati(r)p of effort, Unless COUNTY approval is obtained, ATTORNEY will not have more than one tinge-keeper � bill for court appearances, attendance at depositions and meetings, including meetings with COUNTY NTY representatives, and internal conferences. However„ with advance COUNTY approval, ATTORNEY Y may have more than one time-keeper present at the administrative hearing in this matter and each attorney and timekeeper shall be paid all their rate established in paragraph number 6. . In the event that more than one person attends, only the titne of the person with the highest rate will be billable. ATTORNEY Y is not pertnitted to use this matter to provide can the job training fiat"a time-keeper. Approval for action on the part of the A1°"I ORNI"Y may be accomplished by letter, email, or verbally by the County ,Attorney or his/her designee, if verbal approval is given the attorney may Verify that approval by eirtail to ATTORNEY or CLERK (as necessary for billing purposes). 0 6.5.2 Time keeper claanes I Y are listed in paragraph 6. of this Agreement... and may be 1"ianeWkeelaer"s approved by the Ct)tJN" amended from time to tithe, upon maittial agreement of the COUNTY and the M'l`t71tNI.Y, to evidence the E then-current circumstances. Additional tinge-keepers may be added by amendment to this agreement and W approval by the board of-County Commissioners. In the event that additional time-keepers providing services,, LO which are to be billed to COL1Is€"l`Y. are to be added. then their hourly rates shall be provided to COUNTY in advance, and, upon written approval by the CC}t�JlsTY, their rates and billing practices shall comply" with the requirements of this Agreement. COUNTY expects to receive discounts or other concessions so that any increases or changes in time-keepers will not result in tuanecessary or unreasonable charges to � COUNTY, e.g., for training, internal conferences, and management. � 6.6 Existing work_12149-ct, c `l'o the extent the ATTORNEY makes use Of existing work product, e.g., in the form cif research previously performed for another client, then A`1`FORNEY shall bill only that time expended in Using that work product for COUINTY. In other words. no premium. markup, or other adjustment shall be made to COUNTY Y krill for time spent on work already performed. CL 7. BILLING OF FEES AND EXPENSES � ATTORNEY shall comply with the following requirements as to billing fees and expenses as a condition precedent to C'C)UNTY"S obligation to pay each bill;. 7.1 Monthly bills Unless otherwise agreed in a writing signed by the C'Ol.7N"I'Y„ bills shall be issued monthly by Packet Pg. 3348 . R.6.b ATTORNEY within fifteen (15) days after the close of each month. ATTORNEY understands that. CO1JN"1'Y requires prompt hills in part to facilitate effective management of the representation;and fees. 7.2 bill fort-nat ATTORNEY ORNEY shall provide detailed, itemized hills which shall, at a minirmint: 7.2.1 Pescriptiou Provide a general description of the aaaatter, to include the name of the COUNTY department or constitutional officer, if not indicated in the title of the matter, for which legal set-vices are being performed (e.g. Richard Roe v. Monroe County—EEO Claim), a description of the work performed in enough detail so that each item is distinguishable from other listed items and sufficient to allow e, COUNTY to determine the necessity for and reasonableness of the tinge expended, the services performed, the project or task each service relates to, the subject and purpose of each service, and the performed, � .�. � ,, l` p names of others who were present or communicated with in the course of' performing; the service. For example, simply the word *'research" is not; acceptable, more detail about the type of research and what was determined by the research is necessary. � 7.2.2 personnel c 0 Clearly identify each timekeeper performing services ill Conjunction with each entry. Clearly � identify all persons who are not full-time lawyers employed by the A"f"f"ORNl Y'S Briar (including paralegals, employees of A"l'"lORNEN with their titles, subcontractors, independent contractors, temporary employees, and outsourcing providers). Personnel who are not listed as additional tinlekeepers W will not be paid unless approved in writing under the requirements ofthis Agreement, LO 7.2.3 Tine Records I Record the time expended by each tune-keeper separately. In those situations where the rttinimum � billing increment exceeds the actual time spent oil as task and several of these "minor" tasks are � performed, it is expected that the services will be aggregated until the total actual time, spent meets the rninimum billing increment. 7.2.4 `totals and lfv Task State the amount of tinne expended by each time keeper-broken down for-each task. CL 7.2.5 `"iuuamary of bates It is understood that the billing rate is a blended rate of $300 per hour For all attorneys. In a summary at the beginning or end of the hill, provide the current hourly rate for each time-keeper,the total time billed by each time-keeper- in that hill, the product of the total time and hourly rate For each tinge- reconciliation between the amount charged and anyapplicablekeeper, the total fees Clargccl, and are estimated or budgeted amount. by task. In addition, each monthly statement should show the aggregate billing;for that matter frort'i the cornmencenlent of the matter through the currently-billed month. Packet Pg. 3349 R.6.b 7.3 Lx s COUNTY will pay the actual, reasonable cost of the f(__)llow°ing expense items if incurred in. accordance with the guidelines below (a copy of` the form used by the County is provided for your convenience as"Exhibit`° _")and promptly itemized in ATTORNEY'S monthly bill: 73.1 Reimbursable expenses Actual cost for necessary long distance telephone calls, telecopying at $.25 per outgoing; page, overnight or expedited delivery, couriers. photocopying at $.15 per page, postage, cotnt fees, and cache€ expenses approved in advance by COUNTY In order to receive reimbursement Attorney must attach copy of invoice from overnight or expedited delivery. Couriers, long distance carriers and indicating which calls are related to this tagreement. All charges shall be reasonably c{c CUmented on invoices to c, demonstrate that the charge is related to this agreement. 0 7.3.1 1 l r edited or crraerg,eneyv s rr ficgss A`l,"fC)RNEY is expected to avoid using expedited or emergency services, such as express W delivery services, couriers, telecopying, overtime, and so on, unless necessary because of unexpected developments or extremely short deadlines. COUNTY may refuse to pay for any such expenses when incurred routinely or because of AT'I"OR-NEYS failure to mmnao c the matter-efficiently. 7.3.1.2 Comp aate ized research Al""I ORNI;Y is expected to use computerized research services cost-effectively to reduce time W spent can research, for example, while close ly-moniterring computerized research to insure that the chargesLO are reasonable and necessary. A`l`fORN1 Y is expected to pass through to COUNTY any discounts or other arrangements that reduce the cost of computerized services. All charges shall be reasonably documented on invoices to demonstrate that the charge is related to this agreement. 7,3.1.3 Pliotocopvil CD A 1`TORN1;Y is encouraged to use outside copying services if this will reduce the cost of large- volume copying, provided that these expenses are efficient, cost-effective, and inC Urred and billed in accordance with this Agreement. ATTORNEY is responsible ]"or insuring that all copying complies with copyright obligations. All charges shall be documented on invoices to demonstrate that the charge is related to this agreement. CL 7.3.1.E . .I.€ a3a�;c_ �Mts Transcripts Should scat be ordered vvitliotrt prior approval from COUNTY. "Transcripts should not be ordered on art expedited basis unless necessary and approved in advance by COUNTY. ATTORNl;Y should obtain digital elect ronicficomputerized copies of transcripts when available at a reasonable cost to avoid charging for time spent digesting or indexing, transcripts, and to allow COUNTY to maintain a digital clectronicicomputerized database ofall transcripts. I P0655025 v r Packet Pg. 3350 R.6.b 7.3,1 5 `fraveI Uxpcnsess Iravel expenses within the ATTORNEYS local area, defined as as radius of 50 miles from the tinnckeepeCs office. will not be reimbursed and time in transit is not billable. Travel expenses outside the local area may only be reimbursed if the travel was approved in advance by COUNTY. Reivabu sable travel expenses are the cost of transportation by the least expensive practicably naeamns(e.g., coach class air`travel), the cost of reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab or rental cat-, whichever is reasonable, at the lowest available rate). Cab fare: to and from the origmatint, airport is reimbursable. Expenses will be reimbursed in accordance with the applicable provisions of Florida Statute l 17..21 for "approved travelers" and of the Monroe County Code Article XXVI and shall be summarized oil the [Monroe County Travel Form by ATTORNEY with all applicable receipts attached thereto("See Exhibit A"). 73).1.6 'f ravel Tin cge 2 Time spent in transit outside: Attorney"s local area may be billed only if ATTORNEY or tinge- keeper is unable to avoid traveling by using other forms of communication or it is determined by the County Attorney that travel is in tine County's best interest. 'Travel by more than one tinge-keeper at the same time to the, same destination is allowed with approval from COUNTY A'I`TORNI~Y. In order to be reimbursed for airline tickets,the boarding Maass shall be attached to the invoice.. Approved travel tinge during normal business hours, defined weekdays from 8:30 a.m. to 6:00 p.m., will be billed at the hourly rate listed for the timekeeper in paragraph Ears of this Agreement. � Approved travel tine outside of normal business hours will be billed at one-half the hourly rate listed Isar W the timekeeper in paragraphCa 3 of this Agreement. L 7.3.2 Non-reinaburs&e expense The following expenses will HI no event be reirnnbursable without written approval by County, � Attorney and approval by the Board of County Commissioners: � 7.3.2.1 Personal and C)ic.e Costs — Meals for time-keepers not related to travel, overtinne, word processing or computer charges, personal expenses, expenses that benefited other clients, expenses for books, costs of terrrporary employees, periodicals car- other library €materials, internal filing or- other document handling charges. clerical expenses, stationery and other supply expenses, utilities, and any other expense that is eitherCL Unreasonable or unnecessary. (The fact that ATTORNEY charges other clients or that other firms charge their cite€ni.s liar am exile€rase does not make it m-easonablc or necessary a€nder this Agree€naeint.) � ` 7,32).2 Experts,consul t� is st tn�aoa:.t,.. e[°yfices,o€mtsc arced se v tc s.etc. ATTORNEY is not authorized to retain experts. additional Counsel, consultants, support services, or the like. outside ATTORNEYS, law firm, without approval by County Attorney. If agreed to ATTORNEY Y" will be responsible for selecting and managing the services of others so that their services and expenses will be rendered ]it accordance with the temrnns of this Agreernnernt, macluelirng terms applicableto ATTORNEY, A' "fOI NEY will manage others to obtain cost-effective services fear-COUNTY". t.Jnless s 0051_02;v 1 Packet Pg. 3351 otherwise agreed its writing, ATTORNEY shall obtain a written retainer agreement, in a for which may be specified by COUNTY, from each service provider, with hills from each provider being sent to heath ATTORNEY and COUNTY. 7.3.21.3 ]er�rar�N 5t aaff rn, T"f`ORNEY will not bill COtJN'T`Y for the time and expenses of` temporary employees, including, so-called "'Femps" or contract A`l"TORN11"YS or other staff" from outside companies. rater "oaatsourcc" or delegate work, nor- charge for summer associates, law clerks, or student clerks (collectively "temporary staff"' even if not temporarily employed) without full advance disclosure of tile employee's temporary or short-term status to(,'Ot,JN'I`Y, including disclosure of tile actual amount paid or to be paid to the individual. Unless CO[JN"T.Y expressly agrees in writing to paying additional anaoLmts after full disclosure by ATTORNEY, ATTORNEY may not charge COUNTY more than the actual cost U paid by ATTORNEY. 2 7,3.14 F\l)e'-as€ acat passed tla�aaar l ac,tc� 1 Est CC}1,JNT'"Y" will not pay any markup for expenses. COUNTY will only rein3 arr°se the ATTORNEY for their aaetual approved out-cal-pocket casts and expenses, whether incurred personally by an approved time-keeper or incurred by other approved personnel (such as experts, consultants, support c services personnel, Or OUtsoLarced services personnel). 7.3.2.5 Overhead not charged to CoLrntV COtJNTY will not pay for-any "expense" items that are in tact part of ATTORNEYS overhead, _ which should be included within ATTORNl:Y'S fee, the determination of`which expenses fall into this LO category are strictly within the discretion of the COUNTY. 7.3.3 Advance l'expenses ATTORNEY shall obtain approval from CO JNTY ATTORNl5sY before incurring any expense in � excess of $1,000.00 if ATTORNEY expects to be reimbursed for that expense. COUNTY, in its discretion, may refuse to pay any expense for which approval was not obtained by ATTORNEY. _ 7.3.4 C)res_c)f rccc ipts lvr ex a� era es ATTORNEY shall include copies of` receipts for all expenses with tlae itemized monthly bill. COI,JN`f`Y may refuse to pay any expense item for vdilch documentation is not provided by ATTORNEY. CL 7.3.5 T xraen (land It s af'tct tc-i„nrlfaation Upon termination of tlae representation. ATTORNEY shall promptly Dill COUNTY for any remaining reimbursable expenses and fees. COtJN`l`Y may refuse to pay any f ces or expenses not billed within d days ol`terraairaatiora caf`t17e representation. A ATTORNEY is also expected to cooperate promptly with all aspects of termination and, it applicable, transition to other counsel. l'ayra7ent For ices and expenses is contingent upon prompt, full cooperation. 1-106 502 v 1} Packet Pg. 3352 a R.6.b 7.4 B 11 and expense, o�cacuntentPtic?ra A`f"T"ORNI Y naaast maintain supporting documentation for invoices until at least one year after the termination of'tile representation. This documentation shall he made available by ATTORNEY to COUNTY (car COON Y'S designated representative, irlcludingg an accountant, tlae County Clerk or County Clerk's representative, or legal hill auditor) upon CC)C.JN"t`VS written request. ATTORNEY agrees to cooperate with any examination of this dcacurrrentaation and A"1`ORNEY'S fees and expenses, e.g;., by responding, promptly and completely to any questions COUNIN or its designated representative may have. A'1TTO Nf''Y 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 there at least one additional year or.. at the option of the COUNTY, delivered to the COUNTY for storage by the COUNTY, with COUNTY responsible for paying the actual coast of storage. This documentation shall include, for example, original time records, expense receipts, and documentation supporting the amount ca charged by ATTORNEY Y for expense items generated by ATTORNEY ORNEY or his or her firma. COUNTY reserves the right not to pay any fee or expense item for which sufficient documentation or expense item lcar- which sufficient documentation is not available to determine whether the item was necessary and reasonable. 7.5 'Untertainine-rit 0 ATTORNEY shall not he reimbursed for costs of entertainment, such as in room movies and alcoholic beverages. Furthermore, only meals for AT'TORNFY and/or approved timekeeper shall be m reimbursed in accordance with tlae provisions in this Agreement. 8. PAYMENT TERMS ._ LO ATTO Nl:Y'S request for- payments and reimbursements may be made in either the AT`l'ORNI-.,Y'S name or- the name oi'the A°)'TORNUN'S law firm, as appropriate. ATTORNEY bills complying with this Agreement are due and payable according to the Prompt Payment Act. If the bill materially fails to comply with the requirements or this Avorcernent, then it is not due and payable until � ATTORNEY remedies its deficiencies. � 9. MATTER MANAGEMENT COUNTY will expect that all communications between Xil f RNEY. and additional timekeepers, and COUNTY will he reviewed by A"1"l`O Nl;`r' find that ATTORNEN will serve as tlae point of contact for this matter, including billing. questions. The COUNTY contact for this Agreement shall be: CL W Robert Shillinger, Esq. as l 1 l 1 121"a' `street, Suite 408 Key West, Florida .33040 (305)292-3470(office) (305)292-3 1 Ca(facsimile,) �1,iilliaaa,er-Baba 'r?..ataonrocccaranta y4l--,r;o?a Pr�o 5025 v r s Packet Pg. 3353 R.6.b 9.1 Case monitorin�x COUNTY will be advised promptly by ATTORNEY of all significant facts and developments in the matter so that COUNTY may manage the matter ell" ctively and make informed decisions about strategy, tactics, settlement, scheduling, coasts. and other related matters. COUN"I`Y will promptly receive frorn ATTORNEY copies of all carolers, opinions, pleadings, briefs. memoranda (internal and external), correspondence_ and any rather document material to tlae subject matter of this Agreement, such that the COIJNTY will have as current, arty-to-date, "ralirror" copy oaf` the COUNTY'S file maintained by A"I°"rORNEY. For discovery materials or exhibits that are lengthy, ATTORNEY should discuss thent with COUNTY before providing_a coley. Documents availaable in digital electronic/computerized troraio:Io otna aster iced form should be provided in that form in lieu of paper copies, if requested by County. Additionally. AI-'T yI;MY may be required to submit, oil a monthly basis, a case status and progress report to be submitted to the Board e oaf COUNTY Commissioners. The formal of the report shall be in the form required by the COUNTY U 2 9.21 Cease control ATTORNEY shall discuss all significant issues of strategy and tactics, including motions. y discovery, pleadings, briefs, trial preparation, experts, and setilenaent, with COUNTY before implementation. A'I"TORNF;Y is expected to exercise independent professional j`d-rirent. 9.3 ATTORNEY cooperation m n ATTORNEY ORNl Y will cooperate with COUNTY or COUNTY'S representatives to promptly provide � all information COUNTY requests or needs aabout the subject raaatter of this Agreement and W ATTORNEY'S bills and handling of the matter. L 9.4 COUNTY eoo eratticr�a , T C A"""I CJl N1 Y shall be lead cottnise] oil the matter; however, AT'I'C)I N EIY agrees that the lawyers W employed by the Monroe County Attoa-ney's Office may enter ail appearance as Co-Counsel in the matter. � ATTORNEY should consult with COUNTY about all opportunities for COUNTY to save money or make use oaf` COUNTY'S expertise to assist in, e.g., responding to discovery, preparing for trial locating _ experts, and the like. COUNTY may also have personnel and facilities available to reduce the expenses related to tlae subject matter-of this Agreement. 10. CONFIDENTIALITY AND_PUBLIC REILATIONS ATTORNEY is not authorized to waive or release any privilege or other protectioara of information , confidential, secret, or otherwise obtained from or on behalf otfC OUN TY. ATcI"ORNC Y � is to keel) all confidential, privileged, or secret information confidential. This requirement is perpetual, i.e.. it will continue even after-the termination of the relationship and this Agreement. I Cl.l Prolt ition aga!nst use of infor,iliation This requirement is also intended to prohibit AT"7`ORNI Y from using information obtained from or oil behalf oaf COUNTY, including work product prepared at COUNTY'S expense, for other client's of ATTORNEY or his or her lima, without COUN 1"Y'S advance \vritien approval.. 11'0655025 v r Packet Pg. 3354 s R.6.b f i 10.2 No use of iCounty For mark eeth l�,u uses ATTORNEY Y is not authorized to identify COUNTY as a COUNTY, e.g., for Prir-POses 01' i marketing or advertising,without COUNT` S approval. r 11. OWNERSHIP—OF ATTORNEY FILES AND WORK PRODUCT ATTORNEY understands that all files and work product prepared by AT"FORNI-1Y or his or her firer at the expense of` COUNTY (or for which COUNTY is otherwise billed) is the property of COUNTY. Without COUNTY`S written approval, this work product may not be used by ATTOR1 [. Y or his or her firm nor disclosed by ATTORNEY or his or her firer to others, except in the normal coarse of ATTORNEYS ORNEY'S representation of COUNTY in this matter, ATTORNEY agrees that COUNTY owns U all rights, including copyrights, to materials prepared by COUNTY or by ATTORNEY oil behalf of COUNTY. A'f°`FORN1tY shall notify COUNTY in writing at least 60 days in advance oil destroying any such records and, in the event that COLJN'I`Y requests that they be preserved, shall preserve there at least: one additional year(with COUNTY responsible for paying the actual cast of storage). ATTORNEY shall provide COUNTY with prompt access to (including the ability to make aspics of) all ATTORNEY files and work product, regardless of whether the representation or matter is ongoing and whether- ATTORNEY fees and expenses have been Maid in full. 12. DISPUTE 12ESOLU"ll"10N m ATTORNEY NEY and COUNTY agree that if a dispute arises between them that neither shall be � required to enter into any arbitration proceedings related to this Agreement LO 12.1 Qi�tes re yak r�litl�,Mtfrrney f( r e t)erls s ATTORNEY and COUNTY agree that all disputes regarding A`I"lORNEY'S 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. � I'?.� I7ispute�re�arclir��� irrt�rl��m�tatiorr — COUNTY and A'l" '0RNl>Y agree that all disputes and disagreements between them regarding interpretation of the Agreement shall be attempted to be resolved by a nice( arvd confer session between representatives of COUNTY" and ATTORNEY, if the issue or issues are still not resolved to the satisfaction of both within thirty (0) days after the meet and confer session, then either shall have the CL right to terminate:the Agreement upon ten (10) business days notice in writing,to the other party. 1213 Le,al or Administrative .�rcy �cecltlr .w, In the event any administrative or legal proceeding is instituted against either the COUNTY or A`f,,FORNEY relating to tire formation, esectnion= performance, or breach of this 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 tire.: substance of this Agreement; institution of any administrative or legal proceeding shall constitute:. immediate termination of,rd copies of all documents in his or' her possession related to this Agreement. ATTORNEY Y agrees to fcrrwrr Packet Pg. 3355 (lie rnatter, which is the subject ofthis Agreement to COUNTY at the time of filing, any administrative or legal proceeding. 12.4 I l"ORNEY"S Fees and Costs In the event any administrative proceeding or cause ofaction is initiated or defended by the COUINTY or ATTORNEY relative to the enforcement or interpretation of this.Agreement, the prevailing party shall be entitled to an award of`reasonsable A°lTORNFY'S fees, and court costs, as an award against the non-prevailing party„ and shall include reasonable ATTORNEYS Y"S fetes, and court costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement or as may be required by a court of competent jurisdiction shall he conducted in accordance with the Florida Mules Of Civil Procedure and the usual and customary procedures required by the circuit court of Monroe County and 0. shall take place in Monroe County.. 13. NOTICE R ,JI]REsMENT Any notice required or permitted under this warcernent shall be in writing and hand delivered or mailed, postage prepaid,to the other Marty by certified mail„ returned receipt requested,to the following: c FOR COUNTY E County Administrator and County Attorney � i 100 Simonton Street PO Box 1026 Key West, FL. 33040 Key West, FL 33040 LO FOR ATTORNEY , T Pannone 1,.opes Devereaux& West LLC m 81 Main Street, Suite 301 Providence, RI 021908 14. GOVERNING LAW AND VENIJI!: This Agreement shall be governed by and construed ir1 accordance with the laws caf'tlae State Of Florida applicable to contracts rntade and to be performed entirely in the State. Venaae 'for any legal actionCL which may arise taut ofor under this agreement shall be in Monroe County, l°loricla. 15. ENTME AGliEI11L'II#,1'T -rhe entire a greement between the COUN`f"Y and A'I"`1 ORN I`Y with respect to the subject mutter hereof is contained in this Agr-cement, This A�„reement supersedes all oral and written proposals and conarnunications between the C`0LJN"l"Y and AT"tiORNEY related to this.Agreement. No provision of'tlais Agreement shall be deemed waived, amended or modified by either party armless such waiver, amendment or raaodif cation is in writing and signed by the party against whom the waiver, amendment. Or 11306 5025 v r Packet Pg. 3356 R.6.b modification is claimed. This ,Agreement shall be binding; upon and irasre to the benefit of the parties hereto,their-permitted successors and assigns. 16. FLORIDA GOVERN MEN T-1N-TlElllla-SUNSHINE LAW ATTORN FY agrees that, unless specifically exempted or excepted by Florida law, tine provisions of Section 286.011. Florida Statutes, generally require Ball and public discussion of matters to be voted upon by the Board of County Coratmissioners. ATTORNEY agrees to consult with the COUNTY ATTORNI,_-Y'S office coaacerning, the application of the Sunshine Law from time to time concerning specific cireaara1Stances that may arise during the term of this Agreement. 17. FLORIDA PU LIC RECr'C)ItDS LAW ca ATTORNEY agrees that, unless specifically exempted or excepted by l loridat law or Mules and Regulations of The Florida Bar, the Provisions of Chapter I I9, Florida Statutes, generally require public access to all records and documents which may be made or received under this Agreement. ATTORNEY agrees to consult with tine County Attorney's office concerning the application of the Public Records Law li'onn tirne to time concerning specific circumstances that may arise during the term of this Agreement. AT91,CyRNEY is required under-Chapter 1 1 fit, 1 lorida Statutes to: A. Deep and maintain public records that ordinarily and necessarily would be required � by tine public agency in order to perfornn the service. B. Provide glue public with access to public records on the sane terms and conditions � that the public agency would provide the records and at a cost that floes root exceed < the cost provided in this chapter or as otherwise provided by law. LID C. Fansure that public records that are exempt or confidential and exempt frond public records disclosure requirements are not disclosed except as authorized by lawn. 1). Meet all requirements for retaining public records and transfer,at no crest,to the public � agency all public records in possession of the contractor upon termination of the coantract and destroy any duplicate public records that are exempt oa•confidential and exempt from CD C` public records disclosure recluireanesnts. All records stored electronically must be provided to the public agency in a format that is compatible with the inf"ormatiton CD tecloatcology systems of tile public aMgency. 1€I. NO ASSIGNMENTS CL ATTORNEY shall not assign or subcontract its obligations under this agreement, except III wwritino and with the prior written approval of the hoard of County Commissioners of Monroe County, which approval shall be subject to such conditions and Provisions as the Board may deem necessary. This paragraph shall be incorporated by referene into any assignment or subcontract and any assign or subcontractor- shall comply with all of`tile provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deenned to impose any additional obligation upon the Berard. ,P06 ,rau1 v a Packet Pg. 3357 I. R.6.b 1 . TERMINATION Dither- of the parties hereto nnav terminate tfnis contract without cause by giving, the other party fifteen (15)business days written € otice of its intention to do so. 19.1 I)ocunic Its fqr,ryard clto�N l` M-I'CJRN Y agrees to forward to COUNTY along.with Notice of Terminio€n or upon receipt of Notice ce of"l rrnninatiorn, depending upon which party terminates the .A�preennent. copies of all documents in Iris or her possession of any nature whatsoever related to the ATTORNEYS representation of'COUNTY or obtained dtie to M F ORNEY'S representation ofCC LINTY. 0 19.2 Restriction 0r1 Communications A-F TOR IF Y a0 recs not to commurnicate with the public, including the press, about COUNTY" or about this matter. 20. ySLI'LR BILITfir' a If a term, covenant, condition or provision of this Agreement shall be declared invalid or e unenforceable to any extent by a court of competent jurisdiction, tine remaining terms, covenants, conditions and provisions of` this Agreement shall not be affected thereby; and each remaining term, � covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by lase unless the enforcement of the remaining terms, covenants, conditions and ar provision of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and ATTORNEY agree to reform the. Agreement to replace any stricken provision with a to valid provision that comes as close as possible to the intent of the stricken provision. 21. CAPTIONS `F'he caption set forth herein are for convenience of refere€nce only and shrill not define, � modify, or limit any of the terms hereof. 22.. LEGAL OBLIGATIONS S AND I2E 1!'ON SIMLITIE S• NON-DELEGATION LEGATIt1N OF CONSTITUTIONAL OR;STATUTORY DUTIES `[`his Agreennent 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 lave except to theCL extent of actual and timely performance thereof by the other, in which case the performance may be offered in satisfaction of the obligation or r•csponsibility. Ftrrtler this Agreement is notintended to authorize, nor shall it be construed as authorizing, the delegation cif`the constitutional or statutory` duties of the COUNTY. except to the extent permitted bythe Florida C'ornslitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida Statutes, 23. RECORDS ATTORNEY shall keep such records as are necessary to document tine perforrnnance of its set-vices as set forth in t:lne ragreement and expenses as incurred,tl and give access to these records at the 1'06S5025 V r f Packet Pg. 3358 request of file COUNTY.the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility o1` A'F"FORN EY to maintain appropriate records to insure a proper accounting of` all collections and remittances in this matter. ATTORNEY shall be responsible for repayment of any and all reasonable audit exceptions which are identified by the Auditor General for tile Mate of Florida, the Clerk of Court for Monroe County, the board of County Commissioners fo Monroe County, or their agents and representatives. 24. PUBLIC ACCESS The COUNTY and ATTORNEY shall allow and permit reasonable access to and inspection of all documents, papers, letters, or outer~ materials Subject to the Florida Public Records 11aw, as provided in Chapter 119, Florida Statutes, and made or received by the there, unless specifically exempted by State Statute, Rules and Regulations of The Florida Bar, or case law. COUNTY shall have the right to cancel this at?reetrient upon violation of this provision by ATTORNEY. 0 25. MONROE COUNTY CODE-ETHICS PROVISION ATTORNEY warrants that lire or she has not employed.. retained or otherwise had act oil his y behalf"array= former COUNTY officer or employee in e iolation of Section 2 of Ordinance No. 10-1 90 or any COUNTY officer or employee in violation of-Section 3 of Ordinance No. 10 1990, For breach or c violation of this provision the CCttJNTY naay, at its discretion, terminate this Agreement without liability and may also, at its discretion, deduct from the struts owed under the Agreement, or otherwise recover, � the full an-rotntt of any fee, commission, percentage, kilt, or consideration paid to the former or- present COUN'F`Y officer or employee. COUNTY employees and officers are required to comply witlr trite � standards of conduct delineated in Section 112.313, Florida Statutes, regarding;, but riot limited to, W solicitation or acceptance of gifts, doing business wfitlt one's agency, unauthorized compensation. and LO misuse of public position, conflicting employment or contractual relationship, and disclosure of certain information. 26. PUBLIC ENTITY +f_litlME STATEMENT E w placed convicted z� � Florida law provides that person or affiliate: who has been placed ore tlae convicted vendor list following a conviction for public entity crime may not submit a bid oil all agreement to provide any goods or services to a public entity, may not submit a bid oil a agreement with a public entity for the construction or repair of a public building or public work, may not subrrrit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub contractor, or consultant under a agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount 13rovided in Section 287.017- for° CA"d'E(10RY Two for a period of CL thirty-six (36) months from the (late of being; placed oil the: convicted vendor list. ATTORNEY warrants the neither ATTORNEY nor any authorized tulle keelaer has been named to the convicted vendor list. � 27. ANTI-KICKBACK A`l°`l`C RNI°,Y warrants that no person has been employed or retained to solicit orsecure this Ag i°eerttertt upon any contract, o€° understanding for a commission, percentage, brokerage or- contingent fee, and that no employee or officer of the COUNTY has any interest., financially or otherwise, in this Agreement, except as expressly stated hercin. For breaaclt or violation of this warranty, the COUNTY shall have the right to annul this agreement without liability or, in its discretion, to deduct any sure to be pail ,9'0655025 V 11 Packet Pg. 3359 i a R.6.b by COUN­rY under this Agreement, or otherwise recover, the lull amount of such commission- percentage, brokerage or continent fee. 28. MODLJ+JCA`rl[ONS AND AMENDMENT' Any and all modifications and Amendments of the terrtls of this Agreement shall be in writing and executed by the Board of County Commissioners Isar Monroe Monroe County and by ATTORNEY Y in the i same manner as this Agreement. 29. INDEPENDENT NDENT CONTRACTOR y At all times and for all purposes hereunder, A"I'TORN l Y is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this U Agreement shall be construed so as to find ATTORNEY or any of the authorized time keepers, to be tlae employees of the Board C}f County Commissioners of Monroe County, and they shall be entitled to none � of the rights, privileges or benefits of employees of Monroe County. 30. COMPLIANCE WITH LAW n In carrying Cant A'l'ORNEY' obligations under-this agreement, ATTORNEY Y shall abide by all c statutes, ordinances, rules and regulations pertaining to or regulating the provisions ofthis Agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle COUNTY INTY to terminate this Agreement immediately upon delivery of written notice of termination to A,rTO NEY. 31.. LICENSING ATTORNEY warrants that ATTORNEY and additional timekeepers do presently have, shall have prior to conimencernent of work under this Agreement,and at all tunes dtrring said work.,all required licenses and permits whether federal, state,County or City. 2. NO N-DISC1<t11'4 INA'lt IO AT✓I`ORNI;Y agrees that lie or she will not discriminate against any person, and it is expressly understood that upon a determination by a court of competent jrrrisciictirarr that discrimination hasoccurred, this Agreement automatically terminates without any further action oil the part of any hearty. effective the date of the court. order.-. A�I'TORNL`Y agrees to comply wide all Federal and Florida statutes, and all local ordinances,as applicable, relating,to nondiscrimination. These include but are not limited to: CL 1) Title V1 of the Civil Rights Act of 196 (PI, 8-352) which prohibits discrinxination on the basis of race, color or national origin; 2) `fide iX of the l;cltrcation Amendment of' 1972, as amended (20 U C ss. � 1681-1683, and 1685-1686), which prohibits discrimination ore the basis of sex., 3) Section 504 of the. � Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of` handicaps d)The Age I:]iscrimination Act of 1975, as amended (42 l SC ss. 6101-6107) which prohibits discrimination on the basis of age, ) Thc Drug Abuse Office and Treatment Act of 1972 (111,92-255). as amended, relating to nondiscrimination on the basis of drug abuse- 6)The Comprehensive Alcohol Abuse.. and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (I'll, 91-616). as amended, relatinf to nondiscrimination oil the basis of alcohol abuse or alcoholism.- 7) `file Public health Service Act of 1912, ss. 523 and 527 (42 U C ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of JP065502-5 v I; Packet Pg. 3360 alcohol and drug abuse patent records; 8)"I'itle Vlll ofthe Civil lights Act of 1968 (42 USC s, et seq.),as amended, relating;to nondiscriminationin the sale, rental or financing Ol-lacaaasisa 9) Tl1c Americans with Disabilities Act of 1990 (42 U1 C s. 1201 Note), as maybe amended 'rom time to time, relating; to nondiserinnination on the basis of disability, 10 Monroe County Code Chapter la Article V1, which prohibits discrimination can tile: basis of race, color, sex, religion, national origin, ancestry, sexaiaal orientation, ender identity or express ioan, familial status or age; 11) Any other nondiscrimianation. provisions in any I ederal or state statutes which may apply to the parties to, or tlae subject matter Of, this Aoreeanaent. if? 33. NON-RELIANCE,E, BY NON-I"AR"FIES No person or entity shall be entitled to rely upon the terms, or any of them,, of this Agreement to c enforce or attempt to enforce any third-party claiann or entitlement to or benefit of any service or pro rann t� contemplated hereunder, and the COUNTY and AT"fORNEY agree that neither the COUN'l'Y nor ATTORNEY or any officer, agent, or en1plovee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of intli�°ideals, 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. s 3 . ATTIiaSTA I IONS A'I'TORNEY agrees to execute such documents as tine COUNTY may reasonable require., � including a Drug-Free Workplace Statement, and as Public Entity Crime Statement. 35. COUNTY AUT140RITY < LO Phis Agreement has been duly noticed at a legally held public meeting conducted in Monroe County, Florida. COON I"Y`S performance and obligation to pay under this contract, is contingent upon annual appropriation by tlae Board of County Coil)nnlssioilers. 36. 11OLU HARMLESS AND INSURANCE A'YTC)RlsEY certifies that it maintains a tninimunn professional liability coverage for A`fJORNEY and additional tiarackeepers in the amount of``5 Million.. ATTORNEY agrees to keep the same aamount of covera.e or more at all times and to provide proof of said coverage to COUN'l'Y at C`C CJN l 4'"S request at any time dui tine team of the Agreement. CL 37. NO PERSONAL LIABILITY m No covenant or obligation contained in this Agreement shall be deenned to be a covenant or obligation of any member. officer, agent or employee of-tile Board cif"C:.ouaaty Commissioners of Monroe County in his or her individual capacityandno member, officer. agent or e nnployee of the Board of County Commissioners of l�Iotaroc; County shall be liable peastanally° oil this Agreement cal be subject to any personal liability Or accoanatasbility by reason of the execution of this Agreement.. af'065502�V aF Packet Pg. 3361 R.6.b 3 . EXECUT ON IN COUNTERPARTS This Aureement may be executed in any number cal`cnunter}arts, each of which shall be regarded as an original, all of which taken together shall constitute one and the sane instrument and ille COUNT and AJ-FORNEY Illay execute this Agreement by signing any such cOculterpart. !). EXECUTION CL1T1f)N 131 COUNTY r T7"t)I NNEY" Due to litigation, Court scheduling constraints and in order to allow ATTORNEY to begin representation in a timely manner this agreement may he e+c cured by the County Attorney ���`or to final approval of the Board of County Commissioners; in the event that the agreement is not approved by the Board of County Commissioners, ATTORNEY shall submit all invoice for the time and expenses 0 incurred Irt3n the date of execution by the County ttcaa-nCy until the Board cal County Commissioners U voted not to approve this Agreement. 2 REMAINDER OF PAGE' INTENTIONALLY I.sEFT IBLANKI 0 CL 4i P0655025 v t 4 Packet Pg. 3362 R.6.b IN WITNESS WHEREOF, the parties hereto have executed this Agreement can the day and date First written ` e. By; .,_— ... trri�trrr C� stesim_ County Administrator~ for' Monroe County, Florida Fate: THE BOARD OF COUNTY COMMISSIONERS hereby ratify the foregoing Agreement � between Monroe County and PA,NNONE F-OPFS D V ERFlAUX & WF ST LIX. 0 SEAL) BOARD OF COUNTY COMMISSIONERS FIEAVII,IN, Clem: OF MONROE CC3L NT'Y, FLORIDA t ell 0 0 aj ""I ra Mayor m Da m LO PANNONl LOFTS DE FAUX & 'F ST F. F.0 Fay: TCno A. West, Esq. — Shareholder and AUthar"ized Representative � Date: Se phei-w 14. ?Q 1� ._._ N't-..Y Y' E 11410502- y 1 k Packet Pg. 3363 Ia XI IBIT «A'" Copy of Rule 4-1.7 (u) Representing Advet-se Interests. Except as provided ill SUbdivision (b), a lawyer shall not represent a client. if: (I the representation of 1 client will he directly adverse to another client; or (2)there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer's responsibilities to another client, a farmer-client or a third person or by a personal 0 interest of the lawyer. (b)Notwithstanding tlae existence of a conflict of interest under subdivision (a),a lawyer may represent a client:if: v, (l)the lawyer reasonably feel ievc s that the lawyer will be able to provide competent and diligent 0 representation to each affected client; (2)the representation is not prohibited by lave; (+)the representation does not involve the assertion ofa position adverse to another client when tlae lawyer-represents both clients in tlae saarne proceeding before a tribunal; and �-- LO (4)each affected client gives informed consent, confirmed in writing or clearly started on the record at a ltcaar•ra,�;. CL Packet Pg. 3364 CONSENT TO ASSIGNMENT AND AMENDMENT TO AGREEMENT This Consent to Assignment and Amendment to the Agreement dated September 161°, 2015 is entered into this 15'h day of March,2017, by and between Monroe County,a political subdivision of the State of Florida, hereafter COUNTY, and PANNONE LOPES DEVEREAUX & WEST LLC (PLDW) 0. hereafter ASSIGNOR,and WEST GROUP LAW PLLC(WGL),hereafter ASSIGNEE. 2 WHEREAS, on September 16, 2015, the COUNTY and PLDW, ASSIGNOR entered into a contract to provide legal services and representation to the COUNTY;and WHEREAS, COUNTY received notice that Attorney Steven Torres and other attorneys of the Municipal Infrastructure Team will be leaving the fine of PLDW/ASSIGNOR and fomung a new firm 0 WLG/ASSIGNEE effective March 1,2017;and WHEREAS,the Agreement needs to be amended to include the new statutory language imposed E under Chapter 119,Public Record law; Now therefore, in consideration of the mutual promises of the original agreement as amended W herein,the parties agree as follows: LO 1. The Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement. 2. In consideration for such consent, the Assignee agrees to be bound by all the terms and E conditions of the original agreement,as amended. 3. The Agreement dated September 16th, 2015, as amended herein, remains in full force and effect. 4. The County consents to the assignment of the agreement,from the Assignor to the Assignee. c 5. This Assignment is effective retroactively to March 1,2017. 6. Paragraph 17 of the Agreement shall be amended to read as follows: 0 Public Records Compliance. Attorney must comply with Florida public records laws,including but not limited to Chapter 119,Florida Statutes and Section 24 of article I of the Constitution of Florida.The County and Attorney shall allow and permit reasonable access to, and inspection of, all documents, records,papers,letters or other"public record"materials in its possession or under its control subject to N the provisions of Chapter 119, Florida Statutes, and made or received by the County and Attorney in conjunction with this contract and related to contract performance. The County shall have the right to e unilaterally cancel this contract upon violation of this provision by the Attorney. Failure of the Attorney to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall,as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Attorney is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.070) and the terms and conditions of this contract,the Attorney is required to: 1 Packet Pg. 3365 1 (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County 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 this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Attorney does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in `c possession of the Attorney or keep and maintain public records that would be required by the County to perform the service. If the Attorney transfers all public records to the County upon completion of the contract, the Attorney shall destroy any duplicate public records that are exempt or confidential and c exempt from public records disclosure requirements. If the Attorney keeps and maintains public records upon completion of the contract,the Attorney shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the County,upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. �-- (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately LO notify the Attorney of the request, and the Attorney must provide the records to the County or allow the r9 records to be inspected or copied within a reasonable time. If the Attorney does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract,notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Attorney.A Attorney who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10,Florida Statutes. 0 The Attorney shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 0 IF THE ATTORNEY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ATTORNEY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC y RECORDS. BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- 0 BRIAN,AMONROECOUNTY-FL.GOV, MONROE COUNTY y ATTORNEY'S OFFICE 1111 11m Street, SUITE 408,_KEY WEST, FL 33040. 2 Packet Pg. 3366 R 6.c A- '� = BOARD OF COUNTY COMMISSIONERS DOK,Clerk OF M NROE COUNTY FLORIDA � �1 By Deputy Clerk Mayor/Chairman 0 U PANNONE LOPES DEVEREAUX &WEST LLC. (ASSIGNOR) Witness: By: Signature By: Signature c Printed Name/Title Printed Name/Title Date: °3 WEST GROUP LAW PL C (WGL) (ASSIGNEE) Wit LO By: y Signature Signatue _ _ aAmIc -t' fL-U-fls Di i2. ic m, D toEsT. -fPA / Printed Name/Title Printe Name/Title Date: ! 3 0 0 h�ONR0E CD`tj NTY A-rTORNEY ^-.PPROVE TO FORM: CHRIS flNG M. LIMBER"(-BARROWS y E,. A�SIS�TrAtvTyG'G'U vTY Ai TORNEY Date N Q:: VG 0 3 Packet Pg. 3367 R 6.c BOARD OF COUNTY COMMISSIONERS I MADOK,Clerk OF MONROE COUNTY,FLORIDA eputy Clerk M or/Chairman c PANNONE LOPES DEVEREAUX&WFST LLC. (ASSIGN ) cd"'l"'"i 11 Witness: By: f,,. � Signature c By: �JkI J w- Pri ed N e/Title Printed Name/Title Date: 2 2 IS WEST GROUP LAW PLLC(WGL) (ASSIGNS C`•('�) L Witness: ('By , i a Signature e.�hillas Printed NathelTitle Printed Name/title Date: a 0 0 MONROE. 0011J^ TY ATTORNEY Q CHRISTI+ .a M, 1..W �JRT-6ARR WS u- y t= a ASSIST `dl t�;, CL- Date Ca LLJ Q ti_ c N � 3 Packet Pg. 3368 i AC40R"® CERTIFICATE OF LIABILITY INSURANCE D3/30/201ATE 7Y)� i 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). (c PRODUCER CONTACT NAME: Doreen Macchione Capacity Coverage Company of NJ Inc PHONE EX (201)661-2000 aC No:(201)661-2499 One International Blvd E-MAIL ADDRESS: 3rd Floor RECEIVED INSURERS AFFORDING COVERAGE NAIC# CI Mahwah NJ 07495 INSURERA:Continental Casualty Company 20443 INSURED APR 5 2017 INSURERB:CNA Financial Corporation West Group Law PLLC INSURERC:Continental Casualty Co 20443 81 Main Street, Suite 510 MONROE COUNTY ATTO RERD: INSURER E: White Plains NY 10601 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1722811605 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 0) 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 TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY LIMITS _ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 { A CLAIMS-MADE X❑OCCUR DAMAGE $ ( RENTED 500,000 r ' PREMISES Ea occurrence 6021437212 3/1/2017 3/1/2018 MED EXP(Any one person) $ 10,000 I P' PERSONAL&ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY❑JECT PRO � LOC PRODUCTS-COMP/OPAGG $ 4,000,000 X PRO- OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A ANY AUTO BODILY INJURY(Per person) $ ALL O SCHEDULED AUUTOSS AUTOS 6021407837 2/1/2017 2/1/2018 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) $ (B $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 O B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10,000 BINDER 2/1/2017 2/1/2018 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER s ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 O CER/A (Mandatory In EMBER EXCLUDED? NIA 6021437212 3/1/2017 3/1/20161,000,000 ¢' ( ry ) E.L.DISEASE-EA EMPLOYE $ ff yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 0) Binder 3/1/2017 3/1/2018 per claim $5,000,000 C Professional Liability u) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) - Certificate holder is included as Additional Insured. Subject to policy terms and conditions. APPRO D EMGNT Y O WAI /A_ilry CERTIFICATE HOLDER CANCELLATION O _- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1111]] 12t11 Street Suite 408 ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ,/ �y Carl Gerson/AEDOMA 1�-�-/' _1!0�1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 r20141711) Packet Pg. 3369 R.ti.d KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT&COMPTROLLER DATE: July 21, 2017 TO: Kathy M. Peters, CP County Attorney's Office FROM: Painela G. Hanc k, eputy Clerk SUBJECT: July 19th BOCC Meeting 2 Enclosed is a duplicate original of Item N3, Amendment to Agreement with West Group Law PLLC to add a timekeeper and to remove the cap on payments to attorney for legal services relating to the gasification project and potential litigation, for your handling. 0 Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: Finance File 0 0 cv Packet Pg. 3370 R.6.di AMENDMENT TO AGREEMENT r Lj Th•VeafteZ(OLTNTY, ��A°nd Amendment to the Agreement dated September 161h, 2015 is entered into this / / th day of � 2017, by and between Monroe County, a political subdivision of the State of Florida,he and WEST GROUP LAW PLLC (WGL),hereafter ATTORNEY. WHEREAS, on September 16, 2015, the COUNTY and PANNONE LOPES DEVEREAUX & WEST LLC (PLDW), entered into a contract to provide legal services and representation to the COUNTY; and 0 WHEREAS, on March 15, 2017 the COUNTY assigned the Contract from PLDW to WGL effective March 1, 2017 and amended the contract to include the new statutory language imposed under Chapter 119,Public Record law;and WHEREAS, in order to add a timekeeper to the contract and to remove the $50,000.00 cap on payments to attorney; Now therefore, in consideration of the mutual promises of the original agreement as amended herein,the parties agree as follows: 1. Paragraph 6 of the Agreement shall be amended to read as follows: r�. 6. PAYMENTS TO ATTORNEY ATTORNEY shall submit to COUNTY invoices with supporting documentation acceptable 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 E 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 the specific effort, hourly rates, and reimbursable expenses incurred by ATTORNEY on COUNTY'S behalf. 2. Paragraph 6.3 of the Agreement shall be amended to add the following Approved Time Keeper: 0 William A. Lawrence N 3. In all other respects, the remaining terms of the agreement entered into September 16, 2015, as amended March 151h, 2017, and not inconsistent herewith, shall remain in full force and 03 ct. 4 �A is amendment shall be retroactively effective to May 1,2017. et 4� �r�tI k BOARD OF COUNTY COMMIMIONERSM � e§t; N M DOK,Clerk OF M NROE C � )UNTY FLORA~ rri O B Deputy Clerk Mayor/Chairman c n N �C a _ rri r CD D � O 1 Packet Pg. 3371 • R.6.d WEST GROUP LAW PLLC(WGL) Witne By: y Signature Signa t ue Bethanie Phillips, Legal Asst. Teno A. West, Managing Partner Printed Name/Title Printed Name/Title o Date: June 19, 2017 2 0 MONROE COUNTY ATTORNEY PPR VE AS TO FORM: CHRIST NE M. LIMBERT-BA ROWS ASSISTANT COUNTY ATTORNEY r~ Date /12 E 0 cv 2 Packet Pg. 3372 R.6.d AcoRU® DATE CERTIFICATE OF LIABILITY INSURANCE CER { 3/30/2017 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). PRODUCER CONTACT Doreen Macchione F Capacity Coverage Company of NJ Inc PHONE (201)661-2000 la Na):(201)661-2499 One International Blvd E-MAILaDOREss: 3rd Floor RECEIVED INSURER(SI AFFORDING COVERAGE NAIC A Mahwah NJ 07495 INSURER A-Continental Casualty Company 20443 INSURERB:CNA Financial Corporation INSURED 5 2017 West Group Law PLLC INSURERC:Continental Casualty Co 20443 81 Main Street, Suite 510 MONROE COUNTY ATTOFRERD: INSURER E: I � I White Plains NY 10601 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1722811605 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 I 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 A DL U R POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DDIYYYY) (MMIDDrfYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 (1) ' i A CLAIMS-MADE �OCCUR PREMISES DAMAGE T RENTED 500,000 PREMISES Ea occurrence $ 6021437212 3/1/2017 3/l/2018 MED EXP(Any one person) $ 10,000 W PERSONAL&ADV INJURY $ 2,000,000 hr GEN'L AGGREGATE LIMIT APPLIES PER: 4,000,000 GENERAL AGGREGATE $ % POLICY❑PRO- LOC 4,000,000 h PRO- JECT PRODUCTS-COMP/OP AGG $ OTHER: $ ° AUTOMOBILE LIABILITY EOMaBI tlEeDtSINGLE LIMIT $ 1,000,000 - A ANY AUTO BODILY INJURY(Per person) $ 0) ALL OWNED SCHEDULED 6021407837 2/1/2017 2/l/2018 BODILY INJURY Per accident) $ AUTOS AUTOS ( �' i NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ $ i R UMBRELLA LUIB Q e OCCUR EACH OCCURRENCE $ 2,000,000 L_ B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 OED R RETENTION$ 10,000 BINDER 2/1/2017 2/1/2018 $ WORKERS COMPENSATION PER OTH- 1 AND EMPLOYERS'LIABILITY YIN N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE 000 000 E.L.EACH ACCIDENT $ 1 4 A OFFICER/MEMBER EXCLUDED? ❑ NIA I (Mandatory in NH) 6021437212 3/l/2017 3/1/2018 E.L.DISEASE-EA EMPLOYEE $ 1 000 000 M yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 W Binder 3/l/2017 3/l/2018 per claim $5,000,000 C Professional Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space is required) Certificate holder is included as Additional Insured. Subject to policy terms and conditions. APPRU D EMGNT Y i WA A_ O G s.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE t Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1111 12th Street Suite 408 ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE �y Carl Gerson/AEDOMA 44-44"" C� /�- 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ! INS025 ont401) Packet Pg. 3373 A111111111111k TRAVELERSi Travelers 1st Choice+R' NEW YORK LAWYERS PROFESSIONAL LIABILITY COVERA DECLARATIC Travelers Casualty and Surety Company of America Hartford, Connecticut (A Stock Insurance Company, herein called the Company) IMPORTANT NOTE. This is a claims-made policy. To be covered, a claim must be first made against an insured during the policy period or any applicable extended reporting period. Please read your policy carefully. Defer Expenses are included within the Limits of Coverage and Deductible. Defense Expenses will reduce up to 50% the Limits of Coverage, and will be applied to up to 50% of the Deductible. This policy is composed of the Declarations, the Professional Liability Coverage,the Professional Liability Terms and Or- Conditions, and any endorsements attached thereto. ITEM 1 NAMED INSURED: 0- WEST GROUP LAW, PLLC DBA: 01 Principal Address: c 81 MAIN ST UNIT 510 WHITE PLAINS, NY 1 0601-1 71 9 ITEM 2 POLICY PERIOD: Inception Date: March 01,2021 Expiration Date: March 01,2022 12:01 A.M. standard time both dates at the Principal Address stated in ITEM 1. ITEM 3 ALL NOTICES PURSUANT TO THE POLICY SHOULD BE SENT TO THE COMPANY BY EMAIL, FACSIMILE, OR MAIL AS SET FORTH BELOW. NOTICE GIVEN TO ANY LICENSED AGENT OF THE COMPANY, WITH PARTICULARS SUFFICIENT TO IDENTIFY THE INSURED, SHALL BE DEEMED CL NOTICE TO THE COMPANY. L Email:SSlclaims@travelers.com Fax: 1-888-460-6622 Mail: Travelers Bond &Specialty Insurance Claim P.O. Box 2989 Hartford, CT 06104-2989 0 Overnight Mail: Travelers Bond &Specialty Insurance Claim One Tower Square, S202A Hartford, CT 06183 For questions related to claim reporting or handling, please call 1-800-842-8496. ITEM 4 COVERAGE INCLUDED AS OF THE INCEPTION DATE IN ITEM 2: Lawyers Professional Liability Coverage LPL-1000NY2 Ed.0 1-11 Page 1 of 3 @2011 The Travelers Indemnity Company.All rights reserved. Packet Pg. 3374 R.6.e ITEM 5 PROFESSIONAL LIABILITY COVERAGE LIMITS: Professional Services and Network and Information Security Offenses Coverage Limits: $5,000,000 for each Claim; not to exceed $6,000,000 for all Claims Publishing and Non-profit Services Coverage Limits: $500,000 for each Claim; not to exceed $500,000 for all Claims Deductible: $10,000 each Claim $10,000 all Claims Retroactive Date: March 01,2017 Knowledge Date: o 9 March 01,2020 CL ITEM 6 ADDITIONAL BENEFITS LIMITS: Crisis Event Expenses Limits: $10,000 for each Crisis Event $30,000 for all Crisis Events Disciplinary or 0 Regulatory Proceeding Expenses Limits: $25,000 for each Disciplinary or Regulatory Proceeding $50,000 for all Disciplinary or Regulatory Proceedings ITEM 7 PREMIUM FOR THE POLICY PERIOD: -� $26,890 Policy Premium c ITEM 8 EXTENDED REPORTING PERIOD: Additional Premium Percentage: Additional Months: CL 90% 12 185% 24 200% 36 250% 60 300% Unlimited ITEM 9 FORMS AND ENDORSEMENTS ATTACHED AT ISSUANCE: c LPL-1001NY2-0111; PTC-2035NY2-1111; PTC-1001NY2-0311; PTC-19006-0315; PTC-2067-0411; PTC-3060-1214 The Declarations, the Professional Liability Terms and Conditions,the Lawyers Professional Liability Coverage, and any endorsements attached thereto, constitute the entire agreement between the Company and the Insured, Countersigned By LPL-1000NY2 Ed. 01-11 Page 2 of 3 @2011 The Travelers Indemnity Company.All rights reserved. Packet Pg. 3375 R.6.e IN WITNESS WHEREOF, the Company has caused this policy to be signed by its authorized officers. President Corporate Secretary 0 CL CL 0 0 M LPL-1OOONY2 Ed, 01-11 Page 3 of 3 ©2011 The Travelers Indemnity Company.All rights reserved. Packet Pg. 3376