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HomeMy WebLinkAbout1st Amendment 07/16/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 29, 2025 TO: Bob Shillinger County Attorney Abra Campo, Contract Administrator FROM: Liz Yongue, Deputy Clerk SUBJECT: July 16, 2025 BOCC Meeting The following item has been executed and added to the record: R2 1 st Amendment to the Professional Services Agreement with Vernis & Bowling of the Florida Keys to provide legal services to the Planning Commission to provide for additional services to serve as conflict counsel to the County Commission on items or matters where the County Attorney has declared that his office has a conflict of interest. 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 1ST AMENDMENT TO AGREEMENT TO PROVIDE LEGAL COUNSEL TO PLANNING COMMISSION VERNIS & BOLWING OF THE FLORIDA KEYS, P.A. THIS 1ST AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this 16th day of JULY 2025, by and between MONROE COUNTY, hereinafter referred to as Client, and VERNIS & BOWLING OF THE FLORIDA KEYS, P.A. ("the Attorney"), hereinafter referred to as Firm and/or the Attorney. WHEREAS, on the 1st day of MAY 2024, the Firm entered into an Agreement (Original Agreement) with the Client to provide certain professional legal services to the Planning Commission; and, WHEREAS, the parties wish to amend Article 3 of the Original Agreement to expand the scope of services by the Attorney to include representation before the County Commission when the County Attorney certifies that his office has a conflict of interest provided that the matter has already been heard by the Planning Commission; NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: SECTION 1. Article 3 of the Original Agreement is amended to read as follows with additional language underlined and deleted language stricken through: Section 3.1 Scope of Services to Planning Commission The Attorney shall serve as legal counsel to the Planning Commission ("Commission"). As the Commission's legal counsel, the Attorney shall be required to be present at all regularly scheduled and special Commission meetings; to review and approve as to form all written findings of facts, conclusions of law and resolutions prior to approval by the Commission; and to advise the Commission on legal and procedural issues related to its duties and responsibilities under Chapter 163, Florida Statutes, and the Monroe County. Section 3.1 a ConflictCounsel Services to Monroe Counly Commission. When the aunty Attorney notifies the o Commission, the Clerk, and the County Administrator y email that hisoffice has a conflict of interest that prohibits his or his o ice's representation of the aunty Commission on that particular item or matter scheduled o come before the Board and provided e Planning Commission has completed its work on that item or matter, that the Attorney shall serve as special counsel tote o Commission on that item or matter in place of the aunty Attorney and the aunty Attorney's Office. For services performed under this Section, e Attorney shall be compensated at a rate of$235.00 per hour. SECTION 2. All other provisions of the Original Agreement dated May 1 , 2024, which are not amended herein, shall remain in full force and effect. 1 For the firm, l',/z/:6"0 6/25/2025 •. ' . • : .. • . . . Dirk M. Smits, B.C.S. Date Managing Member w sP'a;•�= �.i Attest�h�KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS °' :f9 r f.�,%1'-'. Y "7 1-a. 'N.: �' _ .. :OF MONROE:COUNTY, FLORIDA .. .. .. pv-fl �H w r �{ Vs-,:;,,,,,!!:q . ,iii". ..1:1 gib. � r 3, � 4�• 5 r . .. i.,,4::,,I !", ,� U L I.,Y'A+� 1 ' .:- 0, • A, ,0. , 40 ; ‘,,\i'-._:=Z-i-iliggi3:'',31.: 't:11:-Ea). cuko , c),,-,7.-.47,:i74 ,,,-,,-:';',73-if.,-7,7,1j..4,--__,::::-qi4g47,:Ltl,,F, ' cir- By" ' r 41IP" . \-:',',,,.--7,--4,1,---',---,z(Dy-;---;,-a-,-Lfi-,---5,; 0 - . ... '`''''''. l -�'-:' t'.>,ib,.. �s: eputy:Clerk May.. t mes K. Scholl • MONROE COUNTY ATTORNEY Approved as to form and legal sufficiency • Digitally signed byRobert B. Robertg y g. `,Shi ger,Jr.: .: .' . .. •Ilin r Date'.2025.07.21 16:52:31.-04'00' . By: Shillinger,:Jr. . : Robert B. Shillinger, Jr., County Attorney ‘.;zt CA r. 30 . mi c-mk•-' c) cin.r.-- ,,,,c ' r, ,:-.) "'+ DATE(MMIDDIYYYY) A R" CERTIFICATE OF LIABILITY INSURANCE 02/25/2025 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 NAME: Robert J. Ray, CIC, CRM, CPRM National Risk Management&Associates, Inc. A/c°NN Ext: (407)767-2950 A/� No): (407)767-9117 Robert J. Ra CIC, CRM, CPRM License#A215767 E-MAIL Robert.Ra nrmafla.com Y, ADDRESS: Ray@nrmafla.com Box 521550 INSURER(S)AFFORDING COVERAGE NAIC# Longwood FL 32752-1550 INSURER A: Ascot Specialt /Vanta e Risk Specialty 45055/1627 INSURED INSURER B: The Hartford 29424 Vernis&Bowling, et al INSURERC: RLI Insurance Company 13056 INSURERD: Executive Risk Indemnity 35181 1680 Northeast 135th Street INSURERE: Lexington Insurance(AIG) 19437 Miami FL 33181 INSURER F: Ironshore 25445 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 3 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MMIDDIYYYY MMIDD B X COMMERCIAL GENERAL LIABILITY 21 SBAL6467 02/14/25 02/14/26 EACH OCCURRENCE $ 1,000,000 DAMAGE_7CLAIMS-MADE �X OCCUR PREM SESOEa o'cE RENTED $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ Excluded GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑ PRO ❑ LOG PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ B AUTOMOBILE LIABILITY 21 SBAVL6467 02/14/25 02/14/26 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR 21 SBAVL6467 02/14/25 02/14/26 EACH OCCURRENCE $ 10,000,000 E X EXCESS LIAB CLAIMS-MADE 025267262 06/12/25 06/12/26 AGGREGATE $ 10,000,000 DED I RETENTION$ Excess $ $10,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below 11 E.L.DISEASE-POLICY LIMIT $ A Lawyer's Professional Liability LPPL2510001125/P03PL0000077400 02/23/25 02/23/26 $5,000,000/$5,000,000 C PCY0000738 09/01/24 09/01/25 $ 8255-2665 D Employment Practices Liability LP1_7CAC8A9R001 10/12/24 10/12/25 $3,000,000/$3,000,000 F I Excess Professional Liability 02/23/25 02/23/26 5 000 000/ 5 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Law Offices Policy limits are for the following additional Named Insureds:Vernis&Bowling of Atlanta, LLC;Vernis&Bowling of Birmingham, LLC;Vernis&Bowling of Broward, PA;Vernis&Bowling of Central Florida, PA;Vernis&Bowling of Charlotte, PLLC;Vernis&Bowling of South Carolina, LLC;Vernis&Bowling of the Florida Keys, PA;Vernis&Bowling of the Gulf Coast, PA;Vernis&Bowling of Melbourne, PA;Vernis&Bowling of Miami, PA;Vernis&Bowling of Mississippi, PLLC;Vernis&Bowling of North Florida, PA;Vernis&Bowling of Northwest Florida, PA;Vernis&Bowling of Palm Beach, PA;Vernis&Bowling of Southern Alabama, LLC;Vernis&Bowling of Southern Mississippi, PLLC;Vernis&Bowling of Southwest Florida, PA;&Vernis&Bowling of St. Petersburg, PA. CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1111 12th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Suite 408 APPROVED BY RISK MANAGEMENT ACCORDANCE WITH THE POLICY PROVISIONS. KeyWest, FL 33040 RYas� � AUTHORIZED REPRESENTATIVE es DACE /.2vv1. WAIVER NIA p YE$ Robert J. Ray, CIC, CRM, CPRM ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD