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3rd Amendment 09/21/2011DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: September 22, 2011 TO: Suzanne A. Hutton County Attorney ATTN: Kathy M. Peters Executive Assistant FROM: Pamela G. Hancock, 'LC. At the September 21, 2011, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item P5 Third Amendment to Agreement with Ira Libanoff, Esquire outside counsel on the case of Monroe County v the architect of the Freeman Justice Center, consolidated Case No. 2007 -CA- 1428 -K, making the hourly rates retroactive to the date that the firm took over the litigation. Attached is an electronic copy of the above - mentioned for your handling. Should you have any questions, please feel free to contact this office. cc: Finance File Third Amendment to Agreement Dated March 15, 2006 Between Monroe County and Ira Libanoff, Esq. On this cq/ day o , 2011, the Board of County Commissioners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes ( "County ") and Ira Libanoff, Esq. ( "Attorney "), hereby entered into this Third Amendment to their agreement dated March 15, 2006, which bears a reference number of 2005- 06 -02. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend their agreement of March 15, 2006, and the First Amendment dated , and the Second Amendment dated as follows: 1. Part B of the Second Amendment to the Agreement shall be amended to read as follows: "Part B . In order to effectuate the amendment set forth in Part A, the original agreement and first amendment are amended as follows to reflect new hourly rates and additional time keepers. Hourly rates for Attorney and additional Timekeepers will be set at: Approved Time Keepers Hourly Rate Ira Libanoff $250.00 Janet Ritenbaugh $250.00 Warren Diener $195.00 Andrea Garcia $90.00 Elizabeth Garcia $90.00 Attorney will charge no more than the stated hourly rate quoted above throughout the duration of the representation on all cases covered by this Agreement, unless otherwise agree to in writing and approved by the County. This Third Amendment, the Approved Time Keepers and stated Hourly rates shall be effective as of October 1, 2010 and all invoices shall be paid retroactive to October 1, 2010. " 2. All other provisions of the March 15, 2006, which are not amended herein, shall remain Page 1 of 2 in full force and effect. This Second Amendment shall become effective when executed by both the Attorney and the Board of County Commissioners of Monroe County, Florida. IN WITNESS WHEREOF, the parties have caused this lease to be executed this 2 �� .2011. Y L. KOLHAGE, CLERK Deputy Clerk Witness for Ira Libanoff, Esq. (1) % &;;) Date: g Is BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor Heath Car ers By Ira iba o , Date: g l 11 MONROE COUNTY ATTORNEY PROVED AS TO O NAT LEENE +iv, CASSEL ASSISTANT COUNTY ATTORNEY Date 7�J/ Page 2 of 2 C^ C� ry tV � N O r` O 0 Page 2 of 2