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2nd Amendment 06/17/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: September 1, 2009 TO: Roman Gastesi County Administrator A TTN: FROM: Connie Cyr Aide to County Administrator Pamela Hanc@:'c. At the June 17, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Second Amendment to Agreement between Monroe County and Tew Cardenas, LLP removing the City of Key West and Islamorada, Village of Islamorada from the Agreement. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File SECOND AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTYAND TEW CARDENAS" LLP THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this 17th 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 10 bbying 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. Page 1 of2 Tew 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. fils! "', SS WHEREOF, the parties have set their hands and seal on the day and year . ',~\ \\ 23 .,,': t ".,\ \;:r\, , ,I r~ - '\ .Ii\'\ I .' ',>>, 1 \;(, . (~{ i'~" ATtBS'lf~ L. KOLHAGE, CLERK By (?.:.::~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF M2NROE COUNTY, FLORIDA BYp.-"..~~ 'rJ04A4.,e.J-.. Mayor/Chairman MONROE COUNTY ATTORNEY 0) (I'ViED~. ~ TO t: . ~_.. . . . . . ' Zlii',' d: ,';, r JTTON ~"d __C()~~~.E~ Witness: TEW CARDENAS, LLP: ByQuQQ Signature ~ By c4J)~ -M 8;u<- r;,~ S0Z~~ Address ~ . P331t/3;; IJ~/ (l~/j5 Print Name //f'(; 6~ ~ 1Jit? k Address ~' ?/~~/3>/ ::it 0 E ):> .:u E2 =e ,.........,' ~ m-( ::0 :::.:: r- r:-) ;:r;: :;Sc:> . r- ._~ C") .::t: :; <.. :-i );> '1 C) /" rrJ ~ ~ : ;::= ~ I'TI !;J 0 , " - 0 ;:0 ::tit ;0 ~ fT1 _ n .. C) I'\) ::0 0\ 0 Page 2 of2 Tew Cardenas Second Amendment Deleting Islamorada and Key West ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 K~ DATE CMMlDDlYYYYt TEWCA-l 07/17/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MAnER 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coral Gables FL 33146 /,NSURERS AFFORDING COVERAGE I NAIC tJ Phone: 305-665-2622 Fax: 305-665-3236 INSUREO INSURER A: HOMELAND INSURANCE CO. I l n_ INSURER B: ______._.u -- TEll CARDENAS LLP INSURER C: -t----= 11500 - - ---------.- .----.. 1441 BRICKELL AVENUE, . INSURER D' MIAMI FL 33131 f INSURER E ----- I 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 CONOmON OF AN( 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 AU THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLlCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N= TYPE OF INSURANCE POUCY NUMBER GENERAL UA8JUTY I ~ COMMERCIAL GENERAL LIABILITY ~ ClAIMS MADE 0 OCCUR ~tlL AGGREGATE LIMIT APPLIES PER' I I POLICY ~r~ LOC ~:::== I SCHEDULED AUTOS I . HIRED AUTOS , : NON.QWNED AUTOS LIMITS COMBINED SINGLE LIMIT (Eo QCQdont) Is J. on. BODILY INJURY (Por peracn) BODILY INJURY (Per OCCIdent) s -' PROPERTY DAMAGE (Per occidont) I 1$ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S ~THER THAN EA ACC S I AUTO ONLY ~ S I EACH OCCURRENCE I S CEGATE r:_~_~ 1- - ~----- ,$ I ; TORY LIMITS I i ER-; E L EACH ACCIDENT S EL DISEASE - EA EMPLOYEE $ e.L. DISEASE. POLICY LIMIT $ ~ESSIU"BRELLA LIABIUTY ~ OCCUR D ClAIMS MACE 1.1 DEDUCTIBLE H RETENTION S WORKERS COMPENSAnON AND EMPLOYERS LIA8IUTY ANY PROPRIETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? ~~;~.1t~='NS below OTHER A EMPLOYMENT PRACT. i EPL-00003-09 05/01/09! 05/01/10 , LIABILITY ; I DESCRIPTION OF OPERAnONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE SERVES AS PROOF 01' COVERAGE. EACH CLA. AGGREG. 2000000 2000000 CERnFICATE HOLDER MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON STREET 1268 KEY WEST I'L 33040 CANCELLATION NONROSC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES IE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NonroE TO THE CERTIFICATE HOLDER NAMED TO THE LEn. BUT FAILURE TO DO so SHALL IMP'1SE NO OBUGATlON OR UABlUTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR UPRESENTATIVES. AU REPR SENT @ACORD CORPORATION 1988 ACORD 25 (2001/08) ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID K~ DATE CMMlDDIY'YVY) TEWCA-1 07/17/09 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., 129 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coral Gables FL 33146 I 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: #1500 - -- 1441 BRICKELL AVENUE, INSURER D: i 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 AWf REQUIREMENT. TERM OR CONDITION OF MY 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. L TR INSRD TYPE OF INSURANCE ~ERAL UABIUTY ! : COMMJ:RCIAL GENERAL LIABILITY ~ ClAIMS MADE 0 OCCUR i2~EGATE UMIT APPLIES PE~ I i POLICY ~r8i n LOC I AUTOMOBILE LlABIUTY I ANY AUTO W ALL OWNED AUTOS W SCHEDULED AUTOS ~ HIRED AUTOS : I NON-OWNED AUTOS R POLICY NUMBER UAUTS EACH OCCURRENCE I S Gt: 'U lU:N I t;U PREMISES Ea occurence--L-. $ MED EXP (Anyone person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE S 1 PRODUCTS. COMPIOP AGG i $ I COMBINED SINGLE LIMIT I S (Ea ICCident) i is BODILY INJURY (Per person) GARAGE LIABU.ITY AWf AUTO ~ I BODILY INJURY I (Per ~denl) ! PROPERTY DAMAGE (Pet accident) S $ AUTO ONLY. EA ACCIDENT I S I I Z049776107 06/01/09 06/01/10 EAACC I $ -f AGG 1$ -.--H------..--- --_._~!.: - --- ---., :$ X iTORYlIMITS : i ER-: EL EACH ACCIDENT S 500000 E.L DISEASE-EAEMPLOYEE $ 500000 I E.l DISEASE. POLICY LIMIT S 500000 I OTHER THAN I AUTO ONLY EACH OCCURRENCE AGGREGATE ~CESSlUM8RELLA UAIIU'TY f-J OCCUR D CLAIMS MADE I =:J DEDUCTIBLE l ~ RETENTION S WORKERS COMPENSAnoN AND EMPLOYERS' UABIU'TY A MY PROPRIETORJPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? "~.. describe under SPECIAL PROVISIONS below i OTHER r--- DESCRlPnON OF OPERAnON' I LQCAnONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS CERTIFICATE SERVES AS PROOF OF COVERAGE. CERnFICATE HOLDER MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SXMONTON STREET #268 KEY WEST FL 33040 CANCELLATION NONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAnON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBUGAnON OR LlABIUTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESINTATNES. AU D REPR SENT C> ACORD CORPORAnON 1888 ACORD 25 (2001/08.