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1st Amendment 03/18/2009 AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTYAND TEW CARDENAS, LLP THIS AMENDMENT TO AGREEMENT is made and entered into this 18th day of March, 2009, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY ( "COUNTY") and TEW CARDENAS, LLP ("FIRM"). WH.EREAS, the parties entered into a contract on February 27,2009, for provision of lobbying services by the FIRM to COUNTY; and WH:EREAS, the Agreement dated February 27,2009, contained standard language found in the COUNTY's form contract for law firms; and WH.EREAS, FIRM is a law firm but provides related services by persons who are not attorneys in addition to providing legal services, particularly for lobbying activity; and WHE:REAS, it is desired to amend the agreement to more accurately reflect the status of the FIRM's principals who will be providing services under the agreement; now therefore IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: 1. The agreement between the parties dated February 27, 2009, shall be amended as follows: A. All references to ATTORNEY through out the agreement shall be replaced with "FIRM. B. Section 1 shall be amended to delete the city of Marathon and the Key Largo Wastewater Treatment District. C. Section 2 shall be revised to read: "2. THE FI~1 FIRM is the individual or professional association named above and whose legally authorized signature apJJeaTS at the bottom of this Agreement. FIRM has been retained specifically because FIRM is understood by COUNTY to be able to handle this matter. FIRM may not delegate or outsource this work without full written disclosure to, and prior written approval from, the COUNTY." D. Section 4 shall be amended to add a new item (M) under the list of services: (M) CONSULTANT has been contracted primarily for the purpose of providing the above lobbying services on a f;ederallevel, but will confer with state lobbyists, who are primarily responsible for handling the following tasks enumerated above at the state level. Consultant will maintain communications with the Tallahassee legislative team, and assure coordination of tasks involving multi-jurisdictional functions, both federal and state. E. Section 6 shall be revised to read: "6. PAYMENTS TO FIRM TewCardenas Amendment 3-18-09 1 The FIRM shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk on a schedule as s.et forth in the contract. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The FIRM may only use qualified personnel to perform the services required of it under the contract. It is understood that the COUNTY's selection of the FIRM for this contract is based in part on the abilities of the persons who are expected to provide services under this agreement. The parties expect that the following individuals will perform those services: A. Alberto Cardenas B. Carl Chidlow C. Colin Mueller D. Elinette Ruiz E. Emily Zammit If any of these individuals leave the FIRM's employ, he or she must be promptly replaced with a similarly qualified individual. The replacement individual is also subject to the written approval of the BOCC, w"hose approval will not be unreasonably withheld. Monthly invoices shall identify the approved persons who provided services and a brief summary of the services provided." 2. The remaining provisions of the agreement dated February 27, 2009, not inconsistent herewith, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS ~ OF M~ROE COUNTY, FLORIDA BY~ By".6kn~~4 )()oiAc.'~ Deputy lerk~ (JaUNTY ATTORNEY Mayor/Chairman . P~O~Lt , .lJlANNE A. HUTTONrEW~D:~, LLP: . ~ft~~._By -~ Sl.\~(-O:\~ sign~Jkh /l, &~~ i Print Name $~~ I A . I. C:H"''''- DATE: 3 ~/9 ~~;: ~ o C") ::;I; c.:-o ." z?'r ::& -foX --< -t):> r:r ....G') ~ ;:::! rr1 ell -., I f1'l o .." o :::0 ;0 f"Y1 ('") o :;;:0 o TewCardenas Amendment 3-18-09 2 JlCORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYV) TM 03/02/2009 PRODUCER (305)558-1101 FAX (305)822-4722 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keen Battle Mead & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7850 Northwest 146 Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Miami Lakes, FL 33016 INSURERS AFFORDING COVERAGE NAIC# INSURED Tew Cardenas, LLP a Florida limited INSURER A: Hartford Ins Co of the SE 38261 1441 Brickell Ave. INSURER B: Miami, FL 33131 INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~f: ~~~} TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PQLlCY EXPIRATION LIMITS GENERAL LIABILITY 21SBALA5423 05/01/2008 05/01/2009 EACH OCCURRENCE $ 1,000,000 - DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $ 300,000 - [J CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 10,000 - A X Employee Benefits PERSONAL & ADV INJURY $ 1,000,000 f-- GENERAL AGGREGATE $ 2,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I II PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY 21SBALA5423 05/01/2008 05/01/2009 COMBINED SINGLE LIMIT - ~~g~ (Ea accident) $ ANY AUTO 1,000,000 I-- c-~~ ALL OWNED AUTOS BODILY INJURY I-- $ SCHEDULED AUTOS (Per person) A f-- X HIRED AUTOS BODILY INJURY f-- -.. ~ lJi)vj (Per accident) $ X NON-OWNED AUTOS I-- 'K PROPERTY DAMAGE f-- (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ q ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA, LIABILITY 21SBALA5423 05/01/2008 05/01/2009 EACH OCCURRENCE $ 4,000,000 :J OCCUR [J CLAIMS MADE AGGREGATE $ 4,000,000 A $ ~ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND I WC STATU- ~ I I~J~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / L.OCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ~Except 10 days notice of cancellation for non-payment of premium. Certificate holder is listed as additional insured with respect to General Liability & Auto Liability. Monroe Count}" Board of County Commissioners 1100 Simonton. Street, Room 268 Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ," j,o~" ...... _./1I€..,:o [)..""1i -I~ ACORD 25 (2001/08) Arthur Jacowitz/CASN @ACORDCORPORATION 1988 ACORD... CERTIFICA TE OF LIABILITY INSURANCE OP 10 K~ DATE (MMIDDIYYYY) TEWCA-1 03L02L09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Weinstein Jones & Assoc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5915 Ponce De Leon Blvd., #29 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coral Gables FL 33146 Phone: 305-665-2622 Fax:305-665-3236 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: ZENITH INSURANCE COMPANY INSURER B: TEW CARDENAS LLP INSURER C: 1441 BRICKELL AVENUE, #1500 INSURER 0: MIAMI FL 33131 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. L TR 'NSRC TYPE OF INSURANCE GENERAL LIABILITY - POLICY NUMBER PD~~~lri~rJ~~E P8k~~~&ff,b~'W8N ~-_.~---~-~-_.._----._~--- LIMITS COMMERCIAL GENERAL LIABILITY ~~- CJ CLAIMS MADE 0 OCCUR EACH OCCURRENCE $ =-~~_"...,l:..! v_ ~t:N Il:U - -------j--------___ PREMISES (Ea occurence) $ _ _ _~ MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ ---- --- 1-- GEN'L AGGREGATE LIMIT APPLIES PER: O Dpfi:O- D POLICY JEeT LOC AUTOMOBILE lIABILI1Y r-- r--- SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS ......~.., n m ~~.~ I:)J \~~ ---\ ~J COMBINED SINGLE LIMIT $ (Ea accident) BODIL Y INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ r---- ANY AUTO ALL OWNED AUTOS r--- r--- r--- r---- A GARAGE LIABILITY R ANY AUTO EXCESS/UMBRELLA LIABILITY o OCCUR D CLAIMS MADE r--l DEDUCTIBLE o RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER Z049776106 06/01/08 06/01/09 x lTO'~/L',~:f1S 1 Ld~- E.L. EACH ACCIDENT $ 50 000 0 E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE - POLICY LIMIT $ 500000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTFICATE SERVES ~~S PROOF OF WORKERS COMPENSATION COVERAGE. CERTIFICATE HOLDER CANCELLA TION MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR "RErr;;J A-~ @ACORD CORPORATION 1988 MONROE COUN~rY BOARD OF COtlNTY COMMISSIONERS 1100 SIMONTON STREET #268 KEY WEST FL 33040 ACORD 25 (2001/08) MEMORANDUM OF INSURANCE LA WYERS PROFESSIONAL INDEMNITY POLICY Certificate of Insurance: I Monroe County Board of County Commi~sioners 1100 Simonton Street Room 268 Key West, Florida 33040 As set forth below, the Named Insured has in force, on the date indicated, policies of professional liability insurance issued by U.S. Underwriters with limits of liability of not less than the amounts indicated. Name of Insured: Tew Cardenas, LLP Address of Insured: 1441 Brickell Avenue Miami, F~lorida 33131-3407 Policy Numbf:r: Beazley })olicy No: W 15J6K08PNPM ~\~~ " This memorandum is issued as a matter of information only and confers no rights upon the holder. By its issuance, it does not alter, change, modify, or extend the provisions of said policy and does not waive any rights thereunder. Policy Period: S/01/08 TO 5/01109 Per Claim Sum Insured: $10,000,000 Aggregate Sum Insured: $10,000,000 AMES & GOUGH INC. ~~.aA~ Barbara Sable, Senior Vice President Date: March 2, 2009