Agenda 01/26/2021 Item #16E 3 (Letter of Engagement w/Mullin Coughlin, LLC)01/26/2021
EXECUTIVE SUMMARY
Recommendation to approve a Letter of Engagement with the law firm of Mullin Coughlin LLC for
the purpose of providing legal advice, assistance, and response to potential data security incidents
as required by the County’s Cyber Insurance carrier, AXA XL Catlin Insurance Company.
OBJECTIVE: To comply with the coverage requirements of the County’s Cyber Insurance Carrier
AXA XL Catlin for the purpose of coordinating and responding to Cyber Insurance claims and incidents,
should they occur.
CONSIDERATION: The County procures and maintains a Cyber Insurance policy through AXA XL
Catlin Insurance Company for the purpose of responding to cyber related incidents and claims that
present a threat to the County’s Information Technology Systems. The policy was most recently approved
by the Board for renewal effective October 1, 2020. The policy provides coverage for the coordination,
forensic audit, compliance, legal response and damages that may result from a cyber related event.
The insurance policy carries a $100,000 self-insured retention and requires the insured to engage the
services of an approved law firm to coordinate the carrier’s response to a potential cyber incident. The
insurance carrier utilizes the firm of Mullin Coughlin LLC as its designated specialty law firm and
requires that the insured engage its designated firm.
A Letter of Engagement is attached that sets forth the Scope of Services provided by the firm.
Engagement shall only be utilized in instances where counsel may be necessary or where a cyber incident
or claim requires a response from the insurance carrier. The Letter of Engagement does not require the
payment of a retainer fee.
It is recommended that the Letter of Engagement commence with the effective da te of the insurance
policy, which is October 1, 2020, and will remain effective until the termination or non-renewal of
coverage.
FISCAL IMPACT: The cost of services under the Letter of Engagement are subject to the fees contained
therein. These costs are subject to the nature of the cyber incident and a review for approval by the
County Attorney’s Office. The payment for services is budgeted under Fund 516-121650 Property and
Casualty Insurance and within various Division budgets.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve and authorize the Chair to execute the attached Engagement Letter
with the law firm of Mullin Coughlin LLC in order to comply with the coverage requirements of the
County’s Cyber Insurance Carrier, AXA XL Catlin for the purpose of coordinating and responding to
Cyber Insurance claims and incidents, should they occur.
Prepared by: Jeff Walker, CPCU, ARM, Director Risk Management
ATTACHMENT(S)
1. Retainer Letter (PDF)
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01/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.3
Doc ID: 14612
Item Summary: Recommendation to approve a Letter of Engagement with the law firm of Mullin
Coughlin for the purpose of providing legal advice, assistance, and response to potential data security
incidents as required by the County’s Cyber Insurance carrier, AXA XL Catlin Insurance Company.
Meeting Date: 01/26/2021
Prepared by:
Title: Division Director - Risk Management – Risk Management
Name: Jeff Walker
12/29/2020 9:39 AM
Submitted by:
Title: Division Director - Risk Management – Risk Management
Name: Jeff Walker
12/29/2020 9:39 AM
Approved By:
Review:
Administrative Services Department Paula Brethauer Level 1 Department Reviewer Completed 12/29/2020 3:26 PM
Administrative Services Department Len Price Level 2 Department Head Review Completed 01/06/2021 5:55 PM
County Attorney's Office Scott Teach Additional Reviewer Completed 01/08/2021 9:53 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/08/2021 10:06 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/08/2021 10:49 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 01/12/2021 9:05 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/12/2021 3:26 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/26/2021 9:00 AM
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