Loading...
Item O09 09 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: 09 2023-1480 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Christine Limbert-Barrows No AGENDA ITEM WORDING: Approval of 2nd Amendment to Agreement with Baker Donelson Bearman, Caldwell& Cerkowitz, PC for representation and consultation on matters relating to Federal Emergency Management Agency(FEMA) and other Federal agencies. ITEM BACKGROUND: On March 21,2019, the County and Balser Donelson entered into a contract to provide legal services and representation relating to FEMA's denial of cost incurred by the county for the base camp expenditures during the aftermath of Hurricane Irma. On December 11, 2019, an amendment to the agreement removing the cap of $49,999.99 from the agreement was entered into by the parties to allow for continued representation of the county through the arbitration process relating to the denial of the base camp expenditures. The services of Baker Donelson are needed for matters relating to reimbursement,procurement, and federal regulations relating to the FEMA and other federal agencies. Due to the specialized nature of this area of the law, the County's legal needs is well served by having outside counsel with expertise in the field available for consultation on matters as they arise. The attorney rates, as set forth in the original 2019 agreement,have been increased and the agreement needs to be revised to adjust the rates and to add and revise the time keepers listed. The amendment is also being revised to specifically add services for representation and consultation on FEMA and other federal agencies matters. PREVIOUS RELEVANT BOCC ACTION: The Board ratified the Agreement on March 21, 2019. On October 16, 2019, the Board directed staff to proceed with a request for arbitration regarding FEMA's denial of cost incurred for Hurricane Irma base camps. On December 11, 2019, the Board approved an amendment to the agreement to remove the $49,999.99 cap under the original agreement to allow for continued representation on the base camp arbitration. 3892 CONTRACT/AGREEMENT CHANGES: Revise attorney rates, time keepers listed and scope. STAFF RECOMMENDATION: Approve. DOCUMENTATION: Amendment 2 to Baker Donelson Agreement to increase rates 8 29 23 signed 2023 09 COI Baker Donelson PL Signed exp I I 2024.pdf FINANCIAL IMPACT: Effective Date: August 1, 2023. Expiration Date: Until terminated or services are no longer needed. . Total Dollar Value of Contract: TBD- Based upon rates set forth in the Agreement. Total Cost to County Current Year Portion: TBD Budgeted: Yes Source of Funds: 00101-530318 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes, as set forth in the original agreement. The COls were previously provided when the original agreement was approved by the BOCC. Updated COls have been requested. 3893 2nd AMENDMENT TO AGREEMENT This 2nd Amendment to the Agreement dated March 21, 2019 is entered into this 20th day of September, 2023, by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, and BAKER DONELSON BEARMAN, CALDWELL & BERKOWITZ, PC, hereafter ATTORNEY. WHEREAS, on March 21, 2019, the COUNTY and BAKER DONELSON BEARMAN, CALDWELL& BERKOWITZ, PC, entered into a contract to provide legal services and representation to the COUNTY relating to FEMA's denial of cost incurred by the COUNTY; and WHEREAS, on December 11, 2019, an amendment to the agreement removing the cap of $49,999.99 from the agreement; and WHEREAS, the services of ATTORNEY are needed for matters relating to reimbursement, procurement, and federal regulations relating to the Federal Emergency Management Agency (FEMA) and other federal agencies; and WHEREAS, ATTORNEY's rates have been increased and revised to include additional time keepers and an amendment to the Agreement is needed to incorporate the increased rates, add additional time keepers and to include representation and consultation on FEMA and other federal agencies matters; Now therefore, in consideration of the mutual promises of the original agreement as amended herein, the parties agree as follows: I. Paragraph 4. Scope of Work of the Agreement shall be amended to add the following: Representation and Consultation on matters relating to FEMA and other Federal agency matters including but not limited to reimbursement,procurement, and federal regulations. 2. Paragraph 6.3 of the Agreement shall be amended to read as follows: 6.1 Hourly Rates, and Changes to hourly rates The ATTORNEY has agreed to rates as more fully set forth below: Approved Time Keepers: Name: Hourly Rate: Ernest Abbott- Of Counsel $695.00 Wendy Huff Ellard-Shareholder $550.00 Michelle F. Zaltsberg - Shareholder $475.00 Danielle Aymond- Of Counsel $475.00 Jordan Corbitt-Associate $375.00 Parker Wiseman—Of Counsel $360.00 Chris Bomhoff—Associate $360.00 Jaron Herd—Disaster Policy Specialist $255.00 Paralegal $190 With the written approval of the County Attorney, additional time keepers may be utilized by the ATTORNEY and billed at the following rates: 1 3894 Shareholders $365-$475 Of Counsel $425-495 Associates $250-$375 Paralegals $190 ATTORNEY will charge no more than the hourly rate quoted above throughout the duration of the matter, unless otherwise agreed in writing and approved by COUNTY in the same manner as Agreement. The hourly rate to be changed by the lawyers and paralegals are reviewed annually and should ATTORNEY determine that a rate adjustment is warranted for this engagement the COUNTY will be notified in advance of any change. 3. In all other respects, the remaining terms of the agreement entered into March 21, 2019, as amended December 11, 2019, and not inconsistent herewith, shall remain in full force and effect. 4. This Amendment shall be retroactively effective to August 1, 2023. IN WITNESS WHEREOF, the parties hereto have executed this 2nd Amendment to Agreement on the date first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By By: As Deputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEY S TO FOR AFPR V.'F;D A. CHRISTINE LIMBERT6 BARROWS ASSISTANT COUNTY ATTORNEY BAK DO�NELSON BEARMAN, CALDWELL & BERKOWITZ, PC DATE 8/ 9/23 By: ")- Wend Huff Ellard, Esq. Shareholder and Authorized Representative 2 3895 DATE(MM/DD/YYYY) ACCORD, CERTIFICATE OF LIABILITY INSURANCE 9/1/2023 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(iss)must have ADDITIONAL INSURED provisions or 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). CONPRODUCER N/A NAMEA T Anne M. Mahoney PHONE (312)697-6900 FAX No Insurer: Attorneys'Liability Assurance Society Ltd., /C.No A Risk Retention Group(ALAS) ADDRESS: ammahoney alas.com 311 S.Wacker Drive, Suite 5700 INSURERS AFFORDING COVERAGE NAIC# Chicago, IL 60606 INSURER A:Attorneys' Liability Assurance Society Ltd., 15445 INSURED A Risk Retention Group(ALAS) Baker, Donelson, Bearman,Caldwell&Berkowitz, P.C. First Horizon Building INSURERC: 165 Madison Avenue INSURERD: Suite 2000 INSURERE: Memphis,TN 38103 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANC INSD WVID POLICY NUMBER myvonryyyyl, IMMIDONMI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE E OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ BY MED EXP(Any one person) $ DATE -9/1/2023 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAIVER N/A YES_ GENERAL AGGREGATE $ PRO POLICY❑JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY Ea acclidentSINGLELIMIT $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPEden') AGE $ Per accident AUTOS ONLY AUTOS ONLYH 1 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY V!N STATUTE ER ANYPROPRIETORlPARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Lawyers'Professional Liability N N LPL-1493-2023 1/1/2023 1/1/2024 $75M per claim/ y tY $150M annual aggre ate (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE Ann- 'e'M Malolne y,Assist�Directorrwriting,ALAS Ltd., RRG ACORD 25(2016103) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 3896