Loading...
2nd Amendment 09/20/2023 e A0.11 X. Kevin Madok, cpA ty Clerk of the Circuit Court& Comptroller Monroe Con , Florida DATE: October 3, 2023 TO: Robert Shillinger County Attorney ATTN: Abra Campo, Contract Administrator County Attorney's Office FROM: Pamela G. Hanco4IC. SUBJECT: September 201h BOCC Meeting Attached are electronic copies of the following items for your handling: 05 2nd Anicn(linent to contract %%lith Intenisk Corporation to provide consultant services for the County's NVorker's Compensation and Risk Management Program. 09 2nd Amendment to Agreement %vith Baker Donelson Bearnimi, Caldwell& Cerko%%Iltz, PC lor representation acid consultation on matters relating to Federal Emergency Maiiagement Agency (FENIA) and other Federal agencies. 010 211(I ,Niiicii(iiiiciitiotlieliiterlocal %%ItlitlicMoiiroeCotiiit), ()Ili(-coi'Siicn*ll' (MCS( ) for Consolidation and Man emend of inergency Communications, lor the purpose of extending the term ol'the Ngreenient through Febrtiaiy2l, 2032; also, providing for the disbursement of annual recurring revenues to MCSO 1)), the 011ice ol'Clcrk and Comptroller on a nionthly basis within 30 days of'receipt thercol'and providing for the distribution ol'grant funds awarded 1)), the State of londa pursuant to Subsection 365.172(6), Florida Statutes directly to MCSO 1)), the Office ol'Clerk and Comptroller at the earliest possible opportunity after receipt %vith notification thereol'to the Count),Administrator an(I County Attorney. 013 Increased rate mth the DBIsion ol'Administrative Hearings (D()Al I) front $190 per hour to $200 per hour for administrative law judge seniecs, c11'ective October 1, 2023, as provided 1)),the contract wid pursuant to F.S. 120.65. Should you lave any questions please I'Cel 1'ree 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 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 Shareholders S3654475 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. S WHEREOF, the parties hereto have executed this 2 n' Amendment to Agreement on i ritten above. 'OM BOARD OF TY C SSIO ERS OF MADOK,Clerk OF MON�l ,-5,C Lk NTY I By: As Deputy Clerk ayor/Chaimian ONROE COUNTY ATTORNEY CHRISTME LIMBERT•BAFLROWS ASSISTANT COUNTY ATTORNEY BAKER, ONELSON, EA AN, CALL EL & BERKOWITZ, PC DATE aL29/23 By: L -kjj�'k'L �(_ Wendy lluff Ellard, Esq. Shareholder and Authorized Representative %AJ r— c:�o r-i c--> < rrl 2 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 WVD POLICY NUMBER myvonryyyyl, IMMIDONMI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE E OCCUR APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence $ MED EXP(Any one person) $ DATE 9/Y 60 3 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 H 1 $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED 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