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1st Amendment 08/21/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 23, 2024 TO: Joe DiNovo Assistant County Attorney FROM: Liz Yongue, Deputy Clerk SUBJECT: August 21, 2024 BOCC Meeting The following item has been executed and added to the record: 012 1 st Amendment to the Agreement for Outside Legal Services with Hinckley, Allen & Snyder, LLP for construction-related matters, changing the effective date. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney 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 DATED APRIL 17, 2024,BETWEEN MONROE COUNTY AND HINCKLEY, ALLEN & SNYDER,LLP August On this .Z1 st day of May, 2024, the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ("COUNTY"), as the legislative and governing body of Monroe County, Florida,a political subdivision of the State of Florida whose address is 1100 Simonton Street,Key West, Florida 33040, in accordance with the powers enumerated in Section 125.01, Florida Statutes, and HINCKLEY, ALLEN & SNYDER, LLP ("ATTORNEY"), a Limited Liability Partnership organized under the laws of the State of Rhode Island and authorized to perform legal services in the State of Florida,hereby enter into this First Amendment to their original agreement dated April 17, 2024 ("Agreement") regarding the retention of ATTORNEY by COUNTY to provide legal advice and services. WHEREAS, on or about December 27, 2023, the Principal Attorney for ATTORNEY commenced representation of the COUNTY in a particular matter while serving as a Partner in the law firm of Ferencik, Libanoff,Brandt, Bustamante& Goldstein,P.A.; and WHEREAS, through January 24, 2024, the Principal Attorney for ATTORNEY continued representation of the COUNTY in a particular matter while serving as a Partner in the law firm of Ferencik, Libanoff, Brandt, Bustamante& Goldstein, P.A.; and WHEREAS, effective February 1, 2024, the attorneys and staff of Ferencik, Libanoff, Brandt, Bustamante & Goldstein, P.A.joined Hinckley, Allen & Snyder, LLP; and WHEREAS, commencing February 1, 2024, the Principal Attorney for ATTORNEY commenced representation of the COUNTY as a Partner in the law firm of Hinckley, Allen & Snyder, LLP in the same matter with respect to which he had provided legal services while serving as a Partner in the law firm of Ferencik, Libanoff, Brandt, Bustamante& Goldstein,P.A.; and WHEREAS, on or about March 15, 2024, the COUNTY received an invoice from ATTORNEY for the legal services provided by ATTORNEY for COUNTY on February 1, 2024, and February 6, 2024; and WHEREAS, the parties desire to have ATTORNEY compensated for the legal services provided thereby on February 1, 2024, and February 6, 2024, and for any legal services provided to COUNTY by ATTORNEY thereafter; and WHEREAS,the Agreement between the parties specifies an effective date of April 17,2024. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein,the parties amend their Agreement as follows: 1. Section 3 of the Agreement shall be amended to provide: TERM OF AGREEMENT This Agreement and representation by ATTORNEY.are effective retroactively to February 1, 2024, upon execution by ATTORNEY and acceptance and approval by COUNTY of this Amendment in accordance with COUNTY'S policies, ordinances, or governing statutes: The representation shall continue until terminated by either the COUNTY,or by the ATTORNEY in accordance with ethical requirements and/or the terms of this Agreement. 2. All other provisions of the.Agreement executed on April 17,2024,which are not amended herein, shall remain in full force and effect. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date f;xrs•�t-y ' en above: (o---t'S,en? :',4,,,.7,,,,e,;:ir'''''''''.:,,,°,,,,,;?1,,,,,?: . ,.h/1A.� ) `� BOARD O �.SF COUNTY COMMISSIONERS tyl„ .,,,,,.,,,,„ ,,,,.., fl,,,,,,,y,J. \,,,,,, \,,,, - *;,f�`; rAi‘ OF MONROE COUNTY,FLORIDA 4,-Z: 4PC 1 c-:. tito -__,:.4. . 70,,tf.,TAA.,.., i„,f-A, , it!' -'-'' ,r---'742,..'-!,', wielk.„4:-.-_-.:/e- ,$,,, ,,,4.-:,f' 1;3 ?3,,,,e -,,„%,,,,,, --,-,, Att •' Y_ �5 .. _ .. tt dok;Clerk.. By: :By: .. ,P' * ° A_____El Deputy erk I Mayor Ho y Merrill Raschein MONROE COUNTY A'TTOANEY'S OFFICE AS s. APPROVED 'TQ FORM „„,,e,":".47____ �Ia . AISSISTANT COUNTY.ATTORNEY DATE: 4-74 2 094 Witness: HINCKLEY,ALLE.: Ira L.:Libanoff, [ -. Principal Attorney and Authorized Representative Print Name • Wi 7 DATE: • n^.)(. 2 c--7: y��./3�,Jp{� ® DATE(MWDDNYYY) ACO CERTIFICATE OF LIABILITY INSURANCE 12/28/2024 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 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). PRODUCER CONTACT Anne M. Mahoney N/A Insurer: Attorneys'Liability Assurance Society Ltd., arc°No Ext:312-697-6900 Arc No: A Risk Retention Group(ALAS) E-MAIL ammahoney@alas.com 311 S.Wacker Drive,Suite 5700 INSURERS AFFORDING COVERAGE NAIC# Chicago, IL 60606 INSURERA:Attorneys' Liability Assurance Society Ltd., 15445 INSURED A Risk Retention Group(ALAS) Hinckley,Allen&Snyder LLP INSURERC: 100 Westminster Street -INSURER D: Suite 1500 INSURER E: Providence, RI 02903-2319 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDD� POLICY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE T R� E CLAIMS-MADE 1:1OCCUR APPROVED BY RISK MANAGEMENT _PR MISES Ea occurrence $ MED EXP(Any one person) $ DATE 9 o o,/2024 e PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAIVER N/A YES GENERAL AGGREGATE $ POLICY PROECT ❑LOC PRODUCTS-COMP/OP AGG $ J OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per acr dent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y r N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.E.DISEASE-POLICY LIMIT $ A Lawyers'Professional Liability N N LPL-1409-2024 1/1/2024 1/1/2025 Not less than$5,000, 00 per claim/ $5,000,000 annual ag regate (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Monroe BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, 33040tre ACCORDANCE WITH THE POLICY PROVISIONS. AUTtHiORVEDREPRESENTATIVE nne Mahoney,Assistant Director underwriting,ALAS Ltd., RRG ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD