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10th Amendment 07/20/2022 GVS COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 27, 2022 TO: Pedro Mercado, Assistant County Attorney Abra Campo, Contract Administrator FROM: Liz Yongue, Deputy Clerk SUBJECT: July 20th BOCC Meeting Attached is an electronic copy of the following, which has been added to the record. R8 1Oth Aunendment to Agreement for Outside Counsel Legal Services with Ferencik, Libanoff, Brandt, Bustament and Williams for construction-related matters dated March 15, 2006. Should you have any questions please feel free to contact me at (305) 292-3550. cc: Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Tenth Amendment to Agreement Dated March 15, 2006 Between Monroe County and Ira Libanoff, Esq. On this 20th day of July, 2022, 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 Ira Libanoff, Esq., ("Attorney"), hereby entered into this Tenth Amendment to their original agreement dated March 15, 2006 ("Agreement") which bears a reference number of 2005-06-02. WHEREAS, 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 the list of approved timekeepers; and WHEREAS, the parties wish to amend the Agreement in order to add the name of Alan C. Brandt to the terms of engagement; NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend their agreement as follows: 1. Part B of the second amendment to the Agreement shall be amended to read as follows: Part B. In order to effectuate the amendment set forth in Part A the original agreement and first amendment are amended as follows: Approved Time Keepers Hourly Rate Ira Libanoff, Esq. $375.00 Alan C. Brandt, Esq. $375.00 Nestor Bustamente, Esq. $350.00 Laura Baker, Esq. $325.00 Nestor C. Bustamante, Esq. $225.00 Andrea Garcia,paralegal $125.00 With the written approval of the County Attorney, additional timekeepers may be utilized and billed at the following rates: Partners/Associates $225-$375 Paralegals $125 1 Attorney will charge no more that the stated hourly rate quoted above throughout the duration of the representation on all case covered by this agreement, unless otherwise agreed to in writing and approved by the County. This tenth Amendment, the Approved Timekeepers, and stated Hourly rates shall be effective, and all invoices paid retroactive, to March 1, 2022. 2. The following language is added to the Original Agreement as Paragraph 19: 19. Insurance: Prior to execution of this agreement, Attorney shall furnish County Certificates of Insurance indicating the minimum professional liability coverage for Attorney and additional time - keepers in the amount of Five Hundred Thousand dollars ($500,000) per claim and One Million Dollars ($1,000,000) per occurrence in the aggregate, unless otherwise approved in advance by the BOCC. Recognizing that the work governed by this contract requires the use of vehicles, the Attorney, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include, as a minimum, liability coverage for Owned, Non- Owned, and Hired Vehicles. The minimum limits acceptable are; $200,000 per Person, $300,000 per Occurrence, $200,000 Property Damage. The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. Attorney agrees to keep the same amount of coverage or more at all times and to provide proof of said coverage to County at County's request at any time during the term of the Agreement. 2. All other provisions of the March 15, 2006 original agreement and amendments dated March 21, 2007, December 15, 2010, September 21, 2011, February 15, 2012, August 15,2012, October 17, 2012 November 20,2013, March 19, 2014 and November 20, 2018 which are not amended herein, shall remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the 4.00 © Q=®<,< and year first above written. R t ' i= l BOARD OF COUNTY COMMISSIONERS t,":. T: KEVIN MADOK OF MONROE COUNTY,FLORIDA ='9,~ �,�'°° As •eputy erk " Q Mayor D ce °epo ua� ,. 0. Ferencik, Libanoff,Brandt,Bustamente & Goldstein,P.A. Wi `ess: —Nu% _...u000,-- -- p- Ira L'iban, ,Esq. ' ~ Pri ame 1 NROE COUNTY ATTOFINEY' , A�'HOV7 FORM PED-OJ.. ASSI- .- '•UNTY ATTORNEY C:. Date 7/12/22 L._ i� r� . Z:3C i C- C i f 3 A�D 7/25/2022® CERTIFICATE OF LIABILITY INSURANCE DATE /DD22 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 NAME: Genesis Ferrian RSC Insurance Brokerage, Inc. H NNo Ext: (305)446-2271 A/c,No: 9350 S Dixie Hwy E-MAIL g£errian@kahn-carlin.com ADDRESS: Suite 1400 INSURER(S) AFFORDING COVERAGE NAIC# Miami FL 33156 INSURERA:Hart£ord Casualty Insurance Co 29424 INSURED INSURERB:Twin City Fire Insurance Co 29459 Ferencik Libano££ Brandt INSURERC: 7901 SW 6th Court, Suite 300 INSURER D: INSURER E: Ft. Lauderdale FL 33324 INSURER F: COVERAGES CERTIFICATE NUMBER:CL2272587405 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑OCCUR DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ 21SRAVJ4330 8/28/2022 8/28/2023 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT LOC PRODUCTS-COMP/OPAGG $POLICY ❑ PRO 2,000,000 OTHER: Non-owned $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS 21SRAVJ4330 8/28/2022 8/28/2023 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A B (Mandatory in NH) 21WECZH9519 1/1/2022 1/1/2023 E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) APPROVED I a MANAGEMENT A" E 72620 2 AV A YE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/ALRLOV - �� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) CNA LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS Agencv: Branch: Policv Number: Insurance is provided by Continental Casualty Company, 700324 912 287203925 151 North Franklin Street Chicago IL 60606 A Stock Insurance Company. 1. NAMED INSURED AND ADDRESS: NOTICE TO POLICYHOLDERS: Ferencik,Libanoff,Brandt,Bustamante&Goldstein,PA This is a Claims Made and Reported policy. It applies only to 7901 Southwest 6th Court,Suite 300 those claims that are both first made against the insured and Plantation,FL 33324 reported in writing to the Company during the policy period. Please review the policy carefully and discuss this coverage with your insurance agent or broker. 2. POLICY PERIOD: Inception:01/06/2022 Expiration: 01/06/2023 at 12:01 A.M.Standard Time at the address shown above 3. LIMITS OF LIABILITY: Each Claim: $1,000,000 Inclusive of Claims Expenses Aggregate: $2,000,000 Death or Disability and Non-Practicing Each Claim: $1,000,000 Extended Reporting Period Limit of Liability: Aggregate: $2,000,000 4. DEDUCTIBLES: Aggregate: $10,000 Inclusive of Claims Expenses 5. POLICY PREMIUM: Annual Premium: $14,250.00 Surcharges/Taxes: Amount: Florida Insurance Guaranty Association 2022 Assessment $99.75 Total Amount: $14,349.75 Includes CNA Risk Control Credit of' $ 0.00 Includes Lawyers Data Breach and Network Security Premium,see coverage endorsement if applicable 6. FORMS AND ENDORSEMENTS ATTACHED AT INCEPTION: G-118011-A (Ed. 06/2015), G-118012-AC (Ed. 03/1999), CNA-82437-XX (Ed. 06/2015), G-118016-ACC (Ed. 12/2011),G-118024-A(Ed. 04/2008),G-118029-A(Ed. 04/2008),G-118039-A09(Ed. 09/2012),G-118065-A09(Ed. 06/2015) 7. WHO TO CONTACT: To report a claim: CNA—Claims Reporting P.O.Box 8317 Chicago,IL 60680-8317 Fax: 866-773-7504/Online:www.cna.com/claims Email: SpecialtyProNewLoss4cna.com Lawyers Claim Reporting Questions: 800-540-0762 APPROVED BY RISK MANAGEMENT �. 12/28/2021 DATE 7/26/2022 Authorized Representative Date WAVERNA_'DES G-118012-AC(Ed.03/99) Page 1 CNA Continental Casualty Company 151 North Franklin Street Chicago,IL -60606 LAWYERS PROFESSIONAL LIABILITY POLICY ATTORNEYSCHEDULE Policy Number: 287203925 Name of Each Lawyer Named Individual Retroactive Date Alan C Brandt Same as Policy Retroactive/Prior Acts Date Ira L Libanoff Same as Policy Retroactive/Prior Acts Date Janet E Ritenbaugh, Deceased 08/28/2016 01/31/2000 Jordana L Goldstein 06/06/1997 Marguerite F. Charlson 03/18/2019 Nester Bustamante Same as Policy Retroactive/Prior Acts Date Nestor C. Bustamante, IV 03/23/2020 Robert E Ferencik Same as Policy Retroactive/Prior Acts Date ATTYSCH Page 1