5th Amendment 02/16/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: February 23, 2011
TO: Roman Gastesi
County Administrator
ATTN: Connie Cyr
Aide to County Administrator
FROM: Pamela G. Hanc�*C.
At the February 16, 2011, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item M3 Fifth Amendment to Agreement with Cardenas
Partners, LLC adding John David Hooker, II retroactive to 1/11/11; deleting Colin Mueller
retroactive to 1/31/11 and deleting Elinette Ruiz retroactive to 7/l/2009.
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
FIFTH AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY
AND CARDENAS PARTNERS, LLC (FORMERLY TEW CARDENAS, LLP)
THIS FIFTH AMENDMENT TO AGREEMENT is made and entered into this 16`h
day of February, 2011, between the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA (hereafter "COUNTY") and CARDENAS PARTNERS, LLC, (hereafter
"FIRM", formerly Tew Cardenas, LLP); and
WHEREAS, the parties entered into a contract on February 27, 2009, retroactive to
February 6, 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 did 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; and
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, on June 17, 2009, the COUNTY approved a Second Amendment deleting
Islamorada, Village of Islands and the City of Key West from 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; and
WHEREAS, on August 19, 2009, the COUNTY approved a Consent to Assignment from
Tew Cardenas, LLP to Cardenas, Partners, LLC upon receipt of notification from Tew Cardenas
of the name change; and
WHEREAS, on February 17, 2010 the COUNTY approved a Third Amendment to
extend the term one (1) additional year beginning February 6, 2010 and expiring February 7,
2011.
WHEREAS, on January 19, 2011, the COUNTY approved a Fourth Amendment
extending the term one (1) additional year beginning February 6, 2011 and expiring February 7,
2012; and
Page 1 of 3 Tew Cardenas Fifth Amendment
REV Sec. 6, Delete Mueller & Ruiz/
Add John David Hooker, lI
BOCC 2/16/11
WHEREAS, the COUNTY received written notification from Cardenas Partners, LLC
dated January 11, 2011 that John David Hooker, H has joined the firm and, as of January 31,
2011, Mr. Colin Mueller would be leaving the firm; and
WHEREAS, the COUNTY received written notification via email on January 20, 2011
from Cardenas Partners, LLC that Elinette Ruiz did not transfer when the firm split from the law
firm of Tew Cardenas, LLP and has not been with their firm since July 2009; however,
notification was inadvertently never provided to COUNTY by Cardenas Partners, LLC and only
now realized; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree as
follows:
Section 6. shall be amended to read:
446. PAYMENTS TO FIRM
The FIRM shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk on a schedule as set 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 (expires/to be deleted as of 1/31/11)
D. John David Hooker, H (effective 1/11/11)
E. Elinette Ruiz (expired/deleted as of 7/l/2009)
F. 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, whose 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. This Fifth Amendment will be effective retroactive to January 11, 2011 as to
the addition of John David Hooker, 11; retroactive to January 31, 2011 as to
the deletion of Colin Mueller; and retroactive to July 1, 2009 as to the deletion of
Elinette Ruiz.
Page 2 of 3 Tew Cardenas Fifth Amendment
REV Sec. 6, Delete Mueller & Ruiz/
Add John David Hooker, II
BOCC 2/16/11
3. The remaining provisions of the agreement dated February 27, 2009, as amended
pursuant to the Amendment to Agreement dated March 18, 2009, Second
Amendment dated June 17, 2009; Consent to Assignment dated August 19, 2009;
Third Amendment dated February 17, 2010; and Forth Amendment dated
January 19, 2011, not inconsistent herewith, remain in full force and effect.
IlTNESS WHEREOF, the parties have set their hands and seal on the day and year first
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Page 3of3
Tew Cardenas Fifth Amendment
REV Sec. 6, Delete Mueller & Ruiz/
Add John David Hooker, II
BOCC 2/16/1 l