Item O14 014
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: 014
2023-1412
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado
N/A
AGENDA ITEM WORDING: Approval of the 1st amendment to the legal services agreement
between Monroe County and Kaplan, Kirsch and Rockwell.
ITEM BACKGROUND:
Kaplan, Kirsch and Rockwell, LLP is the nation's preeminent airport law law firm. The firm is
renowned for its legal expertise with regard to federal legal matters and federal requirements regarding
federal grant assistance through the Federal Aviation Authority (FAA) for the development of new
airport facilities. The County has utilized the services of Kaplan, Kirsch and Rockwell, LLP in the past
for development of new facilities at County Airports.
This Agreement retains the legal services of Kaplan, Kirsch& Rockwell to advise the County with
regard to anticipated federal legal matters concerning rates and charges and the planned development of
new facilities at the Key West International Airport. The amendment updates the list of approved
timekeepers and updates the rates for those attorneys.
PREVIOUS RELEVANT BOCC ACTION:
Approved the original agreement for legal services at the April 15, 2020 BOCC meeting
CONTRACT/AGREEMENT CHANGES:
The amendment deletes one timekeeper- Shanita Asante, and adds 3 timekeepers - Steven Osit, Sarah
Wilbanks, and Adam Gerchick. The amendment also raises the previously established hourly rates for
David Bannard and Peter Kirsch by 25 dollars/hour, raises the rate for Eric Smith $50/hour, raises the
rate for Nick Clabbers by $100/hour and sets the rates for the 3 new timekeepers at $525, $425 and
$295 per our respectively.
Insurance provided after board approval.
STAFF RECOMMENDATION: Approval
4028
DOCUMENTATION:
Kaplan Kirsch & Rock-well- Attorney Agreement I st amend Sept 2023 signed.pdf
FINANCIAL IMPACT:
Total value is TBD
Source of funds is Airport Operating Fund 404
4029
1ST AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND
KAPLAN KIRSCH&ROCKWELL LLP
THIS 1ST AMENDMENT TO AGREEMENT, is made and entered into this
20th day of September 2023, by and between the BOARD OF COUNTY
COMNUSSIONERS OF MONROE COUNTY, FLORJDA, C'COUNTY"), a political
subdivision of the State of Florida whose address is 110,0 Simonton Street, Key West,
Florida 33040, and KAPLAN KIRSCH & ROCKWELL LLP (`ATTORNEY")
regarding the retention of ATTORNEY by COUNTY to provide legal advice and services.
WHEREAS, on the 151 day of April 2020 the ATTORNEY entered into an
agreement with the COUNTY (Original Agreement) in order to provide advice on aspects
of federal law relating to rates and charges and development of new facilities at a federally
obligated airport;and
WHEREAS, the Original Agreement between the parties specifies the names of
authorized timekeepers; and
WHEREAS,the parties wish to amend the Original Agreement in order to update
the names of authorized timekeepers and the hourly rates.
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein,the parties amend the Original Agreement as follows:
SECTION 1.Article 6.3 of the Original Agreement is amended to read as follows:
6.3.Hourlv Rates.and Changes to hourly rates
The ATTORNEY has agreed to rates as more fully set forth below:
Approved Timekeepers:
Name: Hourly Rate:
David Bannard $550.00
Peter Kirsch $550.00
Eric Smith $550.00
Nick Clabbers $495.00
Steven Osit $525.00
Sarah Wilbanks $425.00
Adam Gerchick $395.00
With the written approval of the County Attorney,additional timekeepers
may be utilized by the ATTORNEY and billed at the following rates:
Partners/Associates $295-$795
Paralegals $160
1
4030
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 charged 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.
SECTION 2. All other provisions of the April 15, 2020 Original Agreement,
which are not amended herein, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK OF MONROE COUNTY, FLORIDA
By:-. By:
As Deputy Clerk Mayor Craig Cates
NPOE COUNTY VE ATTORNEY
ArFIO ",S7 FORM
DATE: e �/ ',
P
A e'TM&Ug
SSI UNTY ATTORNEY
Date----JLL&2-J_
4
KAPLAN R�"C H ',',OCKWE�/t�/"LLP
"71 'BY:
David I sq.
Partner and Aut orized Representative
DATE:
2
4031