Loading...
HomeMy WebLinkAbout5. 4th 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: Pedro Mercado, Chief Assistant County Attorney Abra Campo, Contract Administrator FROM: Liz Yongue, Deputy Clerk SUBJECT: July 16, 2025 BOCC Meeting The below item has been executed and added to the record: R8 4th Amendment to the legal services agreement between Monroe County and Kaplan Kirsch LLP to add 2 additional timekeepers and additional language to the case monitoring requirements. Should you have any questions please feel free 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 4TH AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND KAPLAN KIRSCH LLP THIS 4TH AMENDMENT TO AGREEMENT, is made and entered into this 16th day of July, 2025, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ("COUNTY"), a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West, Florida 33040, and KAPLAN KIRSCH LLP ("ATTORNEY") regarding the retention of ATTORNEY by COUNTY to provide legal advice and services. WHEREAS, on the 151h 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, on the 20th day of September 2023 the parties entered in the 1st Amendment to the Original Agreement in order to update the names of authorized timekeepers; and WHEREAS, on the 21st day of February 2024 the parties entered in the 2nd Amendment to the Original Agreement in order to further the names of authorized timekeepers; and WHEREAS, on the llth day of September 2024 the parties entered in the 3rd Amendment to the Original Agreement in order to reflect that the name of the firm had been changed and henceforth the firm would be known as Kaplan Kirsch LLP; and WHEREAS, the parties wish to enter into this 41h amendment to the Original Agreement in order to further 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. Hourly Rates, and Changes to hourly rates The ATTORNEY has agreed to rates as more fully set forth below: Approved Timekeepers: Name: Hourly Rate: D. Barnard $575 1 E. Smith $575 P. Kirsch $575 S. Osit $550 S.G. Mateo $525 N. Clabbers $520 S. Wilbanks $450 S. Pope $450 A. Gerchick $420 W. Trull $185 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 $185 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. Article 9.1 of the Original Agreement is amended to read as follows: 9.1. Case monitoring COUNTY, COUNTY ATTORNEY and the EXECUTIVE DIRECTOR OF AIRPORTS will be advised promptly by ATTORNEY of all significant facts and developments in the matter so that COUNTY, COUNTY ATTORNEY and the EXECUTIVE DIRECTOR OF AIRPORTS may manage the matter effectively and make informed decisions about strategy, tactics, settlement, scheduling, costs, and other related matters. COUNTY, COUNTY ATTORNEY and the EXECUTIVE DIRECTOR OF AIRPORTS will promptly receive from ATTORNEY copies of all orders, opinions, pleadings, briefs, memoranda (internal and external), correspondence, and any other document material to the subject matter of this Agreement, such that the COUNTY, COUNTY ATTORNEY and the EXECUTIVE DIRECTOR OF AIRPORTS will have a current, up-to-date, "mirror" copy of the COUNTY'S file maintained by ATTORNEY. To that end, ATTORNEY shall include, and/or contemporaneously provide to, COUNTY ATTORNEY copies of all communications ATTORNEY has with COUNTY and/or the EXECUTIVE DIRECTOR OF AIRPORTS including, but not limited to, orders, opinions, pleadings, briefs, memoranda (internal and external), correspondence, and any other document material to the subject matter of this Agreement, generated by or received by ATTORNEY. For discovery materials or exhibits that are lengthy, ATTORNEY should discuss them with COUNTY, COUNTY ATTORNEY and the EXECUTIVE DIRECTOR OF AIRPORTS before providing a copy. Documents available in digital 2 electronic/computerized form should be provided=in that form in lieu of paper copies, if requested by County. : Additionally, ATTORNEY: may be :required to submit, on a monthly basis, a case status and progress report :to :be submitted. to the Board of. COUNTY.Commissioners.: 'The format of the report shall be in the form:required by the. COUNTY ATTORNEY.. SECTION 3. The updated list of approved timekeepers and their hourly rates in Section:1 above shall apply retroactive to January 1,'2025 SECTION 4. All other:provisions of,the April 15,:2020Original:Agreement as amended, not inconsistent:herewith, 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.: .. S �, •( E}AL) BOARD OF COUNTY C M1VIIJh a.r � .,,,, �,:..ATs ESYT: "KEVIN.MADOK - OF NNROE COUNTY FLO' 0 A: • iiii 4.'-'::::::',/gi'-'-',,-.:',.,:i,-,-;: ::''''i li':'-'ir`,1. : .\!-X:s3/4:, : ,e: : i :. . . : . : 0, , . ii, . : , : i I 1 : : 'fags ,/1,,,,4i,o,f,..4..,.,,,,,,,i3py L , : : i (E. om � . . • . : ... "1"' - : ' • :.tl m r a, Ae Clerk : : . Mayor James K. Schollap \...,,,,,::?:,;:iiii8A:fiiii-1;-::-,,--z.'7;' P '+nr ri cp j ' '. . : .' • . • : :* ' ' : ' . : : • i ' ' 1 : ' . . '. ' . : • ' i : . ,y,.... ,,,,,,,,..4.„.....„...,,,,, . i y : : KAPLAN KIRS LP ' ' . ii' ' . NROE COUNTYA fN.Ey . . ' . ' : :: . . : : . A pvta FORM • By: , . .k : .. . i E Steven.L. Os it, s . Partner and Authorized Representative R .. . • : . . NTY NEY DATE: : July 13, 20 5 2 �. � : �.: • bate _ 7114/25 � _. ' . : . . :it .1 .. :. 71 . :.; : V • " '--4,(4,7) : 0 .:• C:3 • ; . ' 3 : KAPLKIR-01 PVIANZON ACORO"° CERTIFICATE OF LIABILITY INSURANCE DAT/17/2D/YYYY) 025 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 License#0757776 CONTACT Nancy Rosenbach HUB International Insurance Services(COL) PHONE FAX -0727 2000 S.Colorado Blvd (A/C,No,Ext): (303)291-2004 No>:(866)243 Tower 2,Suite 150 aooRESs:nancy.rosenbach@hubinternational.com Denver,CO 80222 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Sentinel Insurance Company, Ltd. 11000 INSURED INSURERB:Hartford Insurance Group 914 Kaplan Kirsch LLP INSURER C:Swiss Re Corporate Solutions Capacity Insurance Corporation 1675 Broadway Suite 2300 INSURER D:Sirius Specialty Insurance Corporation 16820 Denver,CO 80202 INSURER E: 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 34SBAIK0616 7/1/2025 7/1/2026 DAMAGE TO RENTED 1,000,000 X X PREMISES Ea occurrence $ X Business Liability MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ®ya� rv__ k�° �T�- GENERAL AGGREGATE $ 2,000,000 POLICY�X jECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 WA NW 4 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X 34SBAIK0616 7/1/2025 7/1/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 EXCESS LIAB CLAIMS-MADE 34SBAIK0616 7/1/2025 7/1/2026 AGGREGATE $ 6,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER X 34WECAA3DU3 7/1/2025 7/1/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Lawyers Professional FNA337012625700 7/1/2025 7/1/2026 5,000,000/ 5,000,000 D Excess Lawyers Prof. PROVXS-0000182-00 7/1/2025 7/1/2026 5,000,000/ 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Hartford Group insurance company that corresponds to Policy#34SBAIK0616 is Sentinel Insurance Company,Ltd.NAIC#11000. The Hartford Group insurance companies that correspond to Policy#34WECAA3DU3 are Sentinel Insurance Company,Ltd.NAIC#11000,Trumbull Insurance Company NAIC#27120,Hartford Casualty Insurance NAIC#29424,and Hartford Insurance Company of the Midwest NAIC#37478. Monroe County BOCC is included as additional insured under Business Liability and Automobile Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 1111 12th Street,Suite 408 Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) vVV ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD