Item O3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 17, 2009 - MAR Division: County Administrator Roman Gastesi
Bulk Item: Yes x No Staff Contact Person/Phone: Connie Q3M #4443
AGENDA ITEM WORDING:
Approval of Second Amendment to Agreement between Monroe County and Tew Cardenas, LLP.
ITEM BACKGROUND:
On 2/27/09, the BOCC approved an Agreement with Tew Cardenas, LLP for lobbyist services for
wastewater and other infrastructure money, primarily at the federal level. FKAA and Islamorada
entered into ILA's with the County to share the costs of the lobbyists. The city of Marathon and the
Key Largo Wastewater Treatment District declined to participate in the lobbyist cost sharing and were
deleted from the Agreement on 3/18/09. On 5/20/09, the BOCC approved termination of the ILA with
Islamorada. The City of Key West has also declined to participate in the lobbyist cost sharing. This
Second Amendment deletes the City of Key West and Islamorada from the Agreement, with the County
and FKAA remaining as the parties sharing the costs for these lobbyist services and therefore receiving
any benefits received as a result.
PREVIOUS RELEVANT BOCC ACTION:
2/27/09 BOCC approved Agreement with Tew Cardenas, LLP
2/27/09 BOCC approved ILA with FKAA for lobbyist cost sharing
3/18/09 BOCC approved Amendment to Agreement with Tew Cardenas, LLP
4/15/09 BOCC approved ILA with Islamorada for lobbyist cost sharing
5/20/09 BOCC approved termination of ILA with Islamorada
6/l/09 Written notification of termination without cause to Islamorada, Village of Islands by County
CONTRACT/AGREEMENT CHANGES:
Removes the City of Key West and Islamorada, Village of Islands from the Agreement,
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
APPROVED BY County Attyj—
DOCUMENTATION: Included x
DISPOSITION:
Revised 1/09
No _ AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
Not Required
AGENDA ITEM #
SECOND AMENDMENT TO AGREEMENT
BETWEEN MONROE COUNTYAND TEW CARDENAS, LLP
THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this
17`h day of June, 2009, between the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA ("COUNTY") and TEW CARDENAS, LLP ("FIRM"); and
WHEREAS, the parties entered into a contract on February 27, 2009, for provision of
lobbying services by the FIRM to COUNTY; and
WHEREAS, an Amendment to the Agreement was entered into by both parties on
March 18, 2009 which included the deletion of the City of Marathon and the Key Largo
Wastewater Treatment District from Section 1. of the Agreement; and
WHEREAS, the City of Key West does not desire to enter into an Interlocal Agreement
to share the costs for these lobbyist services; and
WHEREAS, on May 20, 2009, the COUNTY approved termination of the Interlocal
Agreement with the City of Islamorada, previously approved by the COUNTY on April 15,
2009, to share the costs for these lobbyist services;
WHEREAS, pursuant to Section 11.2 of the Agreement, on June 1, 2009 the County
provided the required thirty (30) day written notification of termination without cause to
Islamorada, Village of Islands thereby terminating the Agreement effective June 30, 2009; and
WHEREAS, it is desired to amend the agreement to accurately reflect who is sharing the
cost of the lobbyist services and thereby identify who the lobbyist is to provide services for under
this agreement and who is to receive the benefits from the lobbyist services provided; now
therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree as
follows:
1. Section 1. of the agreement between the parties dated February 27, 2009, as
amended March 18, 2009, shall be revised to read:
1. THE CLIENT
The Client is the COUNTY, and to the extent ethically permissible, it's
elected and appointed officers and its employees, in alliance for the
purposes of this agreement with the Florida Key Aqueduct Authority, unless
COUNTY advises ATTORNEY otherwise. The services provided under
this agreement shall be provided for the collective benefit of the COUNTY
and the entities named in this paragraph.
Pagel of 2 Taw Cardenas Second Amendment
Deleting Islamorada and Key West
2. The remaining provisions of the agreement dated February 27, 2009, as amended
pursuant to the Amendment to Agreement dated March 18, 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
By
Deputy Clerk
Witness:
By
Signature
Print Name
Address
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
VIONROF COUNTY ATTORNEY
MON
iH j E
TEW CARDENAS, LLP:
By
Signature
Print Name
Address
Tew Cardenas Second Amendment
Deleting Islamorada and Key West