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1. 1st Amendment 06/20/2007 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 21, 2007 TO: Suzanne A. Hutton County Attorney ATTN: FROM: Kathy Peters Executive Assistant Pamela G. Han& Deputy Clerk At the June 20, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Amendment No. 2 to a Reimbursement Interlocal Agreement between Monroe County and the Property Appraiser to expand his services in collecting non-ad valorem assessments for sewer service to include the Big Coppitt and Summerland/Cudjoe/Sugarloaf Wastewater Service Areas for Fiscal Year 2007-2008 and each Fiscal Year thereafter as long as levied by the County. Enclosed are two duplicate originals. ./First Amendment to Agreement for legal services dated July 19, 2006 between Monroe County and Gray Robinson, P.A. This amendment consolidates three matters under one contract, adds timekeepers and authorizes the hiring of an expert. The approval of this First Amendment supersedes and rescinds a First Amendment approved on January 17, 2007, which was not signed timely by the parties. Enclosed is a copy. Addendum for Delayed Shipments between Monroe County and Thomas W. Ruff and Company to the Contract entered into on October 18, 2006. This addendum is requested because additional handling expenses have been incurred because the Freeman Justice Center (FJe) has not been completed; and Thomas W. Ruff and Company has delivered the first shipment of furnishing for the FJe Enclosed is a copy. Should you have any questions please do not hesitate to contact this office. cc: Finan~e File 01 FIRST AMENDMENT TO AGREEMENT DATED JULY 19,2006 BETWEEN MONROE COUNTY AND GRAY ROBINSON, P.A. On this rf) t'~-ay of /J., A A ,2007, A.D_, the Board of County Commissioners of Monroe County, Flor~islative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and Gray Robinson, P .A. ("Attorney"), hereby entered into this First Amendment to their agreement dated July 19,2006. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the July 19, 2006 agreement as follows: 1. Paragraph 4, SCOPE OF WORK, shall be amended to read as follows: ATTORNEY shall provide legal services and advice to COUNTY in the following matters: a) ELIZABETH J. NEUMONT, et.aI. vs. STATE OF FLORIDA, et.,aI.- including appellate work and relevant drafting of briefs, research, and/or litigation as assigned to ATTORNEY by COUNTY through the COUNTY ATTORNEY. b) Freeman Justice Center -- All legal matters, issues, including but not limited to litigation which arise from the construction of the Freeman Justice Center (hereinafter "Freeman Justice Center"). c) Employee Benefits -- Legal advice to the County's Employee Services Division regarding employee benefits (hereinafter "Employee Benefits"). ATTORNEY may be assigned new matters by the COUNTY ATTORNEY, and only the COUNTY ATTORNEY from time to time during the term of this Agreement, those matters shall be included under this Agreement when assigned by the COUNTY in writing and accepted in writing by ATTORNEY and the Clerk of Court is notified in writing of the addition of the matter. The new matter shall be given a new name and the matter shall be billed under that name. 2. Paragraphs 4.1 and 4.2 remain unchanged as set out in the original agreement. 3. Paragraph 6.3, Hourlv Rates and Changes to hourlv rates, is replaced in its entirety as follows: Hourly rates for ATTORNEY and additional Timekeepers for each matter will be set at: a) Neumont v. Monroe County: Name Ed Scales Monterrery Campbell Hourlv Rate $225.00 $225.00 Jason Unger R. Dean Cannon Mark Miller Pete Antonacci Frank Fleicher b) Freeman Justice Center: Name Mark Miller Ed Scales Jeffrey Keiner Donald Gibson Associates Christine Donoghue Trevor Arnold Chris Carmody Kristie Hatcher-Bolin Joseph Ort Amanda Simmons S. Braxton Wiggs Paralegals Kari Reed Karen Cassata Karen Pollard Christie Hughey c) Employee Benefits: Name Kelley Bosecker John Finnigan Michael Bittman Lowell Walters $225.00 $225.00 $225.00 $225.00 $225.00 Hourlv Rate $275.00 $275.00 $275.00 $275.00 $220.00 $210.00 $220.00 $190.00 $175.00 $175.00 $175.00 $85.00 $90.00 $75.00 $50.00 Hourlv Rate $300.00 $275.00 $290.00 $185.00 ATTORNEY will charge no more than the hourly rate quoted above throughout the duration of the specific matter referenced, unless otherwise agreed to in writing and approved by the COUNTY in the same manner as in this First Amendment to original agreement. The rates stated above are retroactive to August 1, 2006. 4. The remainder of paragraph 6 remains unchanged as set out in the original agreement. 5. Paragraph 7.3.1.6, Travel Time, is amended by inserting the following sentence at the end oHhat paragraph as it appears in the original agreement: Notwithstanding the preceding language in this paragraph, the ATTORNEY shall not be entitled bill for travel time for time spent traveling between the Attorney's local area and Monroe County. 6. Paragraph 7.3.2.2. Experts. consultants. support services. outsourced services. etc., is amended by inserting the following sentence at the end of that paragraph as it appears in the original agreement: The hiring of the firm of Trauner Consulting Services, Inc. to serve as an expert in the Freeman Justice Center matter is hereby authorized by the County Attorney and the Board of County Commissioners. 7. Th(, remainder of paragraph 7 remains unchanged as set out in the original agreement. 8. All other paragraphs not amended herein shall remain in full force and effect. 9. TH.!~ FIRST AMENDMENT to the Agreement dated July 19, 2006, shall become ~ " ' ' , executed by both the ATTORNEY and executed by the Boar~of60u~ _.", l~'}c(L . I of Monroe County, Florida. ~ ?: ~ I- f .": -':-.,. ~~'~0))t: g~ ~~ :z: !~3 , N ~ i "'Ii, '-'d f I ::: ("'). r--' ':::1 '.Atte : i"-' I '.; ~ E~:',: "oJ '\,',\f!@"" 1F~;'" o~e, Clerk Board of County Comrij'j~~ner",,", ~ ':: :.~~.... '" :-< ' '. - '":J!: I I '<;;:" .:.::,,'111' ,,' ofMon"",<:;ount~, 'Ih3~ s; g ///~~l:J ~~C~ ~. ~ Mario Di Gennaro, M~or Date: JUN 2 0 2001 Witness' s~~~r~ .cnu~h e. ~ l()Y')e.lA Print Name ~ -) Date: (0- \3-07 For the Attorney, Gray Robinson, P.A. /'''7 By: - L---1.. }/1'1/1.);f' /l1 //141 ...f!;ft IKJJM Print Na%)itle Date: If ~J (} 7 MONROE COUNTY ATTORNEY PROVED AS TO~RM: / d""~/ NATILEENE w. CASSEL ASSISTANT COUN? ATTORNEY Date /.. - / - 09