1st Amendment 05/21/2008
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 22, 2008
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk CY
ATTN:
At the May 21, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of First Amendment to Legal Consulting Services Agreement
between MOlioe County and Michael Casey, Esq. of the firm of Epstein, Becker & Green, P.A,
to advise the County on employment issues, employment investigation, and personnel issues
which have the potential for litigation and in which the County Attorney has a conflict. This
amendment raises the cap on the Contract from $75,000.00 to $85,000.00.
Enclosed is a copy of the above-mentioned for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: Finance
File ./
FIRST AMENDMENT
TO MONROE COUNTY, FLORIDA
LEGAL CONSULTING SERVICES AGREEMENT WITH
EPSTEIN, BECKER, & GREEN, P.A.
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THIS FIRST AMENDMENT is entered into on the ~ day of Kay. 2008, to
the Legal Services Agreement with the firm of Epstein, Becker, & Green, P.A., dated
April I, 2005.
WHEREAS, the parties have an ongoing agreement to provide professional
services to Momoe County; and
WHEREAS, the parties desire to continue the agreement between them; and
WHEREAS, the duties under the contract have increased due to further litigation
in the area covered by Epstein, Becker, & Green, P.A., and
NOW THEREFORE, in consideration of the mutual promises and
considerations, the parties agree to amend the Agreement as follows:
I. EXHIBIT A. SECTION 3.2 shall be amended as follows:
"3.2 Limitations to Scope of Representation: Attorney shall consult
directly with the County Administrator. If a formal charging
document is filed by any party instituting litigation, or the Attorney
determines that it is in the best interest of the County to initiate
litigation on any of the issues the Attorney has been handling under
this Agreement, the Agreement is automatically terminated. The
Attorney shall notify the County Administrator and the County can
determine who will represent the County in the litigation; nothing in
this Agreement shall preclude the Attorney from handling said
litigation. The total fees and costs to be incurred under this
Agreement shall be increased from Seventy-five Thousand Dollars
($75,000) to a cap of Eighty-Five Thousand Dollars ($85,000). This
represents a Ten Thousand Dollar ($10,000) increase for payment of
any outstanding invoices and to have a small reserve for future cases.
County Attorney's office will NOT act as co-counsel with Attorney
under this Agreement."
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2. This Amendment shall be retroactive to September I, 2007, in order to include
any fees and costs for work done during the time frame from September I, 2007 and the
date of this amendment.
3. The remaining terms of the Agreement, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have been executed this Agreement
as of the date first written above.
\
~....'KO'll.age, Clerk
B'.H~
. DePifAyl'2kl 2008
Date:
Board of County Commissioners
Of Monroe Co
By:
Charles Sonny Mc oy, Mayor
Date: MAY 2 1 2008
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