5th Amendment 08/15/2012 DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: August 21, 2012
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy Peters
FROM: Pamela G. Hanco�D. C.
At the August 15, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item 05 Fifth Amendment to Agreement between Monroe
County and Ira Libanoff, Esq., outside counsel on the case of Monroe County v. Gonzalez,
consolidated Case 2007 -CA- 1428 -K, correcting a scrivener's error which inadvertently changed
the hourly rate for one time keeper and making the correction retroactive to September 21, 2011.
Enclosed are three duplicate originals of the above - mentioned for your handling. Should
you have any questions, please feel free to contact this office.
cc: Finance
File
FIFTH Amendment to Agreement Dated March 15, 2006
Between Monroe County and Ira Libanoff, Esq.
I r�
On this / �' day of (,(/; 2012, 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, to correct a scrivener's error in the Fourth Amendment to
the agreement 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 this Amendment and to correct a scrivener's error the only
change will be the hourly rate of Warren Diener, Esq., whose hourly rate shall be One Hundred
and Ninety Five Dollars (195.00).
2. This Fifth Amendment, correction of scrivener's error shall be retroactive to September 21, 2011
and all invoices shall be paid retroactive to that date.
3. All other provisions of the March 15, 2006, which are not amended herein, shall remain in full
force and effect. This Fifth 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 /Cik day of
art , 2012.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
B
By —�
Deputy Clerk Mayor
N
Witness for Ira Libanoff, Esq. By . ��
Ira Libanoff, Es. `�>
(1) Date: 'i • Z/. / Z �' N o
N 0
Date:
MONROE COUNTY ATTORNEY'
A ROV D AS TO FO l
NATIL ENE W. CASSEL
A COUNTY ATTORNEY
Date 076 _