5th Amendment 05/18/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: June 21, 2011
TO: Christine Hurley, Director
Growth Management Division
ATTN: Mayra Tezanos
Executive Assistant
FROM. Pamela G. Hanc&D. C.
At the May 18, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item H2 Fifth Amendment to the Agreement with
Greenberg Traurig, P.A. expanding the consulting services to include provision of continuing
education for county staff related to Development Orders and Consistency Challenges, increasing
the amount payable by $3,500.00 to an amount not to exceed $89,500.00 and extending the
expiration date from June 19, 2011 until September 19, 2011.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you
have any questions, please do not hesitate to contact my office.
cc: County Attorney via e-mail
Finance
File
FIFTH AMENDMENT TO
AGREEMENT FOR SERVICES
for
GREENBERG TRAURIG, P.A.
This Fifth Amendment (Amendment) to the Agreement dated July 19, 2006 (Agreement) is made
and entered into this 19A day of tMA&L 2011 between Greenberg Traurig, P.A. (Firm),
101 East College Avenue, Tallahass Florida 32302 and Monroe County, a political subdivision
of the State of Florida (County), 1100 Simonton Street, Key West, Florida 33040. The contract
services provided under this Amendment shall be primarily provided by Christopher Torres,
(Attorney) an attorney employed by Firm.
WITNESSETH:
WHEREAS, County and Firm desire to amend the services as described in the Agreement dated
the 18* day of July, 2006; and
WHEREAS, the Fourth Amendment to Agreement established an expiration date of June 19,
2011, and increased the total expenditure for fees and expenses to $86,000; and
WHEREAS, the parties desire to extend the Agreement for an additional three months which
may necessitate additional payment;
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 2 shall be amended as follows by adding the following language:
Firm shall assist the County with continuing education for County staff primarily
utilizing Attorney for a seminar(s) to be mutually scheduled by the Growth Management
Division Director and Firm. Subjects covered shall include but not be limited to
challenges to development orders and other statutory challenges to County growth
management actions.
2. Paragraph 4 shall be amended as follows:
4. PAYMENTS TO FIRM
D.1. Fees and expenses for Attorney shall not exceed an additional Three Thousand Five
Hundred dollars ($3,500.00) for a total expenditure of $89,500.00 under the Agreement
regardless of the date of service under previous amendments. Notwithstanding other provisions
in Paragraph 4 of the Agreement, this additional amount is inclusive of all expenses and there
shall be no reimbursement for travel or other expense. In the event this sum is not sufficient due
to the services to be provided, the contract may be amended. It is anticipated that the parties will
further define the specific activities listed in the scope of work by task order in letter or e-mail
May 3.2011
format. Services provided by Mr. Bouthillier shall be limited to general supervision of contract
implementation pursuant to paragraph 14 and shall not exceed $500.00 per task order.
3. Paragraph 5 shall be amended as follows:
5. TERM OF AGREEMENT
This Amendment is effective until September 19, 2011, unless terminated earlier under
paragraph 18 of the Agreement or upon payment of the total compensation, whichever occurs
first.
4. The remaining terms of the Agreement entered into on July 18, 2006, and First Amendment to
Agreement dated July 18, 2007, and Second Amendment to Agreement dated June 18, 2008, and
Third Amendment to Agreement dated September 16, 2009, and Fourth Amendment dated May
19, 2010, not inconsistent herewith, shall remain in full force and effect.
S WHEREOF, the parties have executed this Fifth Amendment.
GE,CLERK
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BOARD OF COUNTY COMMISSIONERS
Title: CKAM fL ,TM,t�,y4
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Date: • ,Ls . %I �Vd As �s
MONK NTY ATTORNEY
AF' - FORM
Date:
May 3, 2011 2
CERTIFICATE OF LIABILITY INSURANCE
DATE(MWDD/YYYY)
/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NP"ONAME.
Aon Risk Services, Inc of Florida
1001 Brickell Bay Drive
A/C.LExt): (866) 283-7122 FAX(847) 953-5390
EMAIL
ADDRESS:
suite 1100
Miami FL 33131 USA
INSURER(S) AFFORDING COVERAGE
NAIL #
INSURED
INSURER A: vigilant Ins Co
20397
Greenberg Traurig P.A. ETAL
333 Avenue of the Americas
INSURERB:
INSURERC:
Miami FL 33131 USA
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570042780379 REVISION NUMBER:
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
MR LTR
TYPE OF INSURANCE
ADD
NSA
wVD
POLICY NUMBER
M p POLICY 15
LIMBS
GENERAL LIABILITY --U3/01/ZU
EACH OCCURRENCE
$1, 000 , 000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RFNTLY— PREMISES Ea occurrence)—$l,
000, 000
CLAIMS -MADE ❑X OCCUR
MED EXP (Any one person)
$10, 000
PERSONAL & ADV INJURY
S1,000,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
Included
POLICY PRO- X LOC
AUTOMOBILE LIABILITY -
COMBINED SINGLE LIMIT
E 1 n
BODILY INJURY ( Per person)
ANY AUTO
BODILY INJURY (Per accident)
ALL OWNED SCHEDULED
AUTOS AUTOS
HIREDAUTOS NON -OWNED
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(Par TYDAMAGE
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UMBRELLALWB
EACH OCCURRENCE
AGGREGATE
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DED RETENTK)N
WORKERS COMPENSATION Alm
EMPLOYERS' LIABILITY N
ANY PROPRIETOR / PARTNER / EXECUTIVE YIN
WC STATU-
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E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? ❑
(Mandatory In NH)
N / A
E.L. DISEASE -EA EMPLOYEE
M yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, IF more apace Is required)
Monroe County Board of County Commissioners is named as an Additional insured as required by written contract but limited to
the operations of the insured under said contract, and always subject to the policy terms, conditions and exclusions.
Cancellation Provision shown herein is subject to shorter or longer time periods depending on the jurisdiction of, and reason
for, the cancellation.
0
S
CERTIFICATE HOLDER CANCELLATION r as
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
Monroe County Board AUTHORIZED REPRESENTATIVE
of County Commissioners
1100 si mmonton street
Key West FL 33040 USA Tw0t8Y(cO «cJJJv�
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD