1st Amendment 01/18/2023 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: January 19, 2023
TO: Abra Campo,
Contract Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: January 18th BOCC Meeting
The following item has been executed and added to the record:
P9 1 st Amendment to the outside legal services Agreement with Bryant, Miller&
Olive, P.A., dated July 29, 2020, for the purpose of 1) eliminating the $49,999.99 limitation on
expenditures and 2)ratifying the County Attorney's assignment of public private partnership
proposal by Fortress Secured, LLC to build a replacement Fire Station 410 to the firm.
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
FIRST AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY
AND BRYANT MILLER OLIVE, P.A. FOR LEGAL SERVICES
This Amendment is made and entered into this 18th day of January 2023, by and between the
Board of County Commissioners of Monroe County, Florida as the legislative and governing
body of Monroe County, Florida ("County") and Bryant Miller Olive, P.A. ("Attorney")
(collectively, the "Parties"), to the Agreement by and between the Parties ("Agreement").
WHEREAS, on July 29,2020, the Parties entered into an Agreement for the provision of legal
services; and
WHEREAS, Paragraph 2 of the Agreement provides that the Attorney would perform legal
representation for the County in connection with the unsolicited proposal submitted in April
2020 by SPGL, LLC, pursuant to Section 255.065, Florida Statutes, to provide and manage
workforce housing for public employees in Monroe County, Florida; and
WHEREAS, Section 6 of the agreement stated that the "total dollar amount of this contract
shall not exceed $49,999.99 without prior approval of the County Commission;" and
WHEREAS, on or about April 1, 2022, the County received an unsolicited proposal from
Fortress Secured, LLC ("Fortress") pursuant to Section 255.065, Florida Statutes to design,
build, and finance the construction of a replacement for Fire Station #10 on Sugarloaf Key,
Florida; and
WHEREAS, Subparagraph 4(3) of the Agreement authorizes the County Attorney to assign
additional matters in writing to the Attorney if acknowledged by the Attorney in writing; and
WHEREAS, the County Attorney assigned the Fortress matter to the Attorney via email on
May 11, 2022, and the Attorney acknowledged the assignment via email dated July 20, 2022;
and
WHEREAS, the parties wish to amend the Agreement to remove the $49,999.99 limitation
on expenditures and ratify the assignment to the Attorney to perform legal representation for
the County in connection with the unsolicited proposal submitted on or about April 1, 2022,
by Fortress Secured, LLC similar to the legal representation that the Attorney previously
provided relative to the unsolicited proposal submitted by SPGL, LLC to provide and manage
workforce housing for public employees in Monroe County, Florida; and
WHEREAS, the fees associated with the legal representation of the County by the Attorney
relative to both the unsolicited proposal submitted in April 2020 by SPGL, LLC and the
unsolicited proposal submitted on or about April 1, 2022, by Fortress Secured, LLC have
exceeded the total dollar amount set by Paragraph 6 of the Agreement without prior approval
by the Monroe County Board of County Commissioners.
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties amend the Agreement as follows:
1. Paragraph 4 of the Agreement is revised to add new Subparagraph 4(4) to provide as
follows:
4. The unsolicited proposal submitted on or about April 1, 2022, by
Fortress Secured, LLC to design, build, and finance the construction of
a replacement for Fire Station #10 on Sugarloaf Key, Florida.
2. The prefatory subparagraph in Paragraph 6 is revised to remove the not to exceed
limitation of$49,999.99 and to provide as follows:
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 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 COUNTY that will contain full
detail as to the specific effort, hourly rates and reimbursable expenses incurred
by ATTORNEY on behalf of the COUNTY.
3. In all other respects, the Agreement between the Parties, as amended remains the same
and in full force and effect.
[The remainder of this page intentionally left blank.]
2
In WITNESS WHEREOF, the Parties hereto have executed this First Amendment to
the Agreement on the day and date first written above.
A'.7,,,,,, C1 23 A N‘'s°'
}i'1a- � _ x BOARD OF 1��1 TY CO►; IS, IONERS
Z-Ai� Five r ..d�
-` -�A ,w IN MADOK Clerk OF MON COUN r` , "IDA
\s,,,,,,,,-,k,!,:ii.it, .4---;..75: ast401,4 By:
vp As Deputy Clerk Mayor Craig Cates
Date: 11 19J 17°3 Date: 11!( I 2C 2 3
BRY', _ ,_T - _ • __ __ _ P.A. MONROE COUNTY ATTORNEY'S OFFICE
APPROVED AS TO FORM
APPROVE D
By: By Frederick J.Springer at 1:24 pm,1/3/23 I
_->._,_ STA COUNTYATTORNEY
ATTORNEY____„-___-_, ./__• '_ .quire
,DATE: 1-03-2023
Authorized Representative -
Date: January 3,2023 ,
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ALAS
December 20, 2022
Bryant Miller Olive PA
1545 Raymond Diehl Rd.
Suite 300
Tallahassee, FL 32308
To Whom It May Concern:
CONFIRMATION OF INSURANCE
We hereby confirm that Bryant Miller Olive PA has Professional Liability
Coverage under Policy LPL-1943-2023 with an annual limit of$20,000,000 per
claim and $40,000,000 in the aggregate with the right, under stated conditions, to
purchase extended reporting rights upon termination of such Policy by ALAS.
The self-insured retention under such Policy is $250,000 each claim up to
an aggregate of$500,000 and $100,000 each claim thereafter.
The Policy effective date is from January 1, 2023 to January 1, 2024.
Such Policy is subject to the terms, conditions, limitations and exclusions
stated therein.
ATTORNEYS' LIABILITY ASSURANCE SOCIETY LTD.,
A RISK RETENTION GROUP
vy) � Ily By: Date: 12/20/2022
Anne M. Mahoney
Assistant Director of Underwriting APPROVED BY RISK MANAGEMENT
DATE 1/10/2023
WAIVER N/A YES_
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