1st Amendment 03/21/2007
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 3, 2007
TO:
Suzanne A. Hutton
County Attorney
ATTN:
Kathy Peters
Executive Assistant
Pamela G. Han~
Deputy Clerk a
FROM:
At the March 21, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the First Amendment to Agreement dated March 15,2006
between Monroe County and Ira Libanoff, Esq., consolidating into one Agreement the attorney's
representation of the County on the Tropex Construction Services Inc. and five other matters
which were previously billed under letters of engagement or other less formal agreements, and
adds additional timekeepers in order to provide legal services.
Enclosed are two copies of the above-mentioned for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: Finanl~e
File.!
FIRST AMENDMENT TO AGREEMENT DATED MARCH 15,2006
BETWEEN MONROE COUNTY AND IRA LIBANOFF, ESQ.
On this ->.; / ~ day of ~, 2007, the Board of County Commissioners of
Monroe County, Florida, as the legislative and governing body of Monroe County,
Florida, and in accordance with the powers enumerated in Section 125.01, Florida
Statutes ("County") and Ira Libanoff, Esq., ("Attorney"), hereby entered into this First
Amendment to their agreement dated March 15,2006, which bears a reference number of
2005-06-02.
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties amend the Agreement of March 15,2006, as follows:
Part A. This first amendment is entered into to clarify the existing relationship between
the County and the Party. The attorney has represented the County through various
engagement letters since 1999 in construction matters. This March 15,2006 Agreement
related to representation for the County's dispute with Tropex Construction Services,
Inc. over the contract to construct the Tavernier Fire Station.
By this amendment, the parties intend to continue the agreement as it pertains to Tropex
Construction Services and to formalize the attorney's representation of the County on the
following additional matters, which were previously billed under letters of engagement or
other less formal agreements:
Consultation on General Matters as necessary at discretion of County Attorney
Monroe County v. Bender & Associates, CA K 03-915
Monroe County v. Jose Gonzalez, no case number yet
Monroe County v. Lodge Construction, et al, CA K 00-617
D.L. Porter Constructors, Inc. v. Monroe County, CA K 07-155.
Part B. In order to effectuate the amendments set forth above in Part A, the original
agreement is amended as follows to reflect new hourly rates and additional time keepers.
Hourly rates for ATTORNEY and additional Timekeepers will be set at:
Approv<ed Time Keepers
Janet Riltenbaugh
Lori Shalpiro
Sandra D. Kennedy
Jason L. Molder
Laura Papay
Hourly Rate
$225.00
$225.00
$200.00
$195.00
$165.00
Laura Gerwens, paralegal
Karen G}~rtsen
$85.00
$85.00
ATTORNEY will charge no more than the hourly rate quoted above throughout the
duration of the representation on all cases covered by this Agreement, unless otherwise
agreed to in writing and approved by the COUNTY in the same manner as in this First
Amendment to original agreement.
THIS FIRST AMENDMENT to the agreement dated March 15. 2006 shall
become dfective when executed by both the ATTORNEY and executed fly the Board of
County Commissioners of Monroe County, Florida.
Board of County Commissioners
Of Monroe County, Florida
By~M:~
Mario Di Gennaro, Mayor
MAR 2 1 2007
Date:
Witness:
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