Item O5BOARD OF COUNTY CONMSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15, 2011 Division: County Attorney
Bulk Item: Yes No _
Staff Contact Person: Natileene Cassel
Phone #: 292-3470
AGENDA ITEM WORDING: Approval for Fifth Amendment to Agreement with 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.
ITEM BACKGROUND: A scrivener's error occurred on the Fourth Amendment which reduced the hourly rate
for timekeeper, Warren Diener, Esq., from $195.00 per hour to $115.00 per hour. Mr. Diener's rate has
always been $195.00 per hour since he was added as a timekeeper. This amendment is retroactive to
September 21, 2012, the date that the rate was inadvertently changed.
PREVIOUS RELEVANT BOCC ACTION: The initial Legal Services Agreement with the firm was dated February 28,
2006. On March 21, 2007, the First Amendment was passed which hired Mr. Libanoff for the FJC litigation and
setting hourly fees. On December 15, 2010, the Second Amendment changed the hourly rates and added
timekeepers. On September 21, 2011, the Third Amendment made rates retroactive to the beginning of the
representation. The Fourth Amendment, February 15th, 2012, added a time keeper and inadvertently reduced
the rate of Mr. Diener.
CONTRACT/AGREEMENT CHANGES: Corrects the hourly rate for Mr. Diener, bringing it back to the originally
agreed upon rate, and making this correction retroactive to the date it was changed.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: unknown INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: _N/A
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
rOOMB/Purchasing
3lLAPPROVED BY: County Atty _ Risk Management,
d
DOCUMENTATION: Included Not Required
41-
DISPOSITION:
Revised 7/09
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Ira Libanoff, Esq. Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Fifth Amendment to contract with Ira Libanoff in Monroe County vs. Gonzalez
Architect to correct scrivener's error for timekeeper Diener's hourly rate.
Contract Manager: Natileene Cassel 3580 Legal #7
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ Hourly Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 001-22001-530-318-
Grant: $ - -
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance,
CONTRACT REVIEW
etc.
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ No❑,
Risk Management -Yes❑ No `
O.M.B./Pult sing Yes❑ No® Lxw
County Attorney Yes❑ No p t
Comments:
vivus rorm nevisea Luz Im i mur ifl
FIFTH Amendment to Agreement Dated March 15, 2006
Between Monroe County and Ira Libanoff, Esq.
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 day of
, 2012.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
Witness for Ira Libanoff, Esq.
(1)
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor
By `
Ira Libanoff, Es
Date: 71. f
MONROE COUNTY ATTORNEY
ROV�D AS TO FO AA/
A�"
t ' 7A IL ENE W. CASSEL
SSISTANT COUNTY ATTORNEY
Date,
Fourth Amendment to Agreement Dated March 15, 2006
Between Monroe County and Ira Libanoff, Esq.
On this 15th day of February, 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 Fourth Amendment to their
original agreement dated March 15, 2006 ("Agreement") which bears a reference number
of 2005-06-02.
WHEREAS, the Agreement between the parties specifies the names of authorized
timekeepers; and
WHEREAS, it is necessary to amend the Agreement from time to time in order to
revise the list of approved timekeepers; and
WHEREAS, the parties wish to amend the Agreement in order to add the name of
Alex Williams to the terms of engagement;
NOW THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties amend the July 19, 2006 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 the amendment set forth in Part A the
original agreement and first amendment are amended as follows:
Approved Time Keepers Hourly Rate
Ira Libanoff, Esq.
$250.00
Janet Rittenbaugh, Esq.
$250.00
Alex Williams, Esq.
$250.00
Warren Diener, Esq.
$115.00
Andrea Garcia, paralegal
$ 90.00
Elizabeth Garcia, paralegal
$ 90.00
Attorney will charge no more that the stated hourly rate quoted above
throughout the duration of the representation on all case covered by this agreement,
unless otherwise agreed to in writing and approved by the County.
2. All other provisions of the March 15, 2006 original agreement and the Dec. 15,
2010 second amendment, which are not amended herein, shall remain in full force and
effect.
WITNESS WHEREOF, the parties hereto have set their hands and seals the
ar first above written.
Clerk
Witness:
Print Name
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
May D i ice
y vi W�
Ferencik, Libanoff, �randt, Bustamente
And Williams
Ira Libanoff, E
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Third Amendment to Agreement Dated March 15, 2006
Between Monroe County and Ira Libanoff, Esq.
On this 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 ITNESS WHEREOF, the parties have caused this lease to be executed this 2
_. .2011.
BOARD OF COUNTY COMMISSIONERS
L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor Heath Car ers
Witness for Ira Libanoff, Esq. By
Ira crib o ,
(1) Date: g 19
Date: g i�B�IJ MONROE COUNTY ATTORNEY
ROVED AS TO
NAT LEENE w. CASSEI
ASSISTANT COUN %ATTORNEY
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Page 2 of 2
Second Amendment to Agreement Dated March 15, 2006
Between Monroe County and Ira Libanoff, Esq.
On this Is day of,�, 2010 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 Second 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, as follows:
Part A. This second amendment is entered into to clarify the existing relationship between the
County and the Attorney. The Attorney has represented the County on several cases which are
now completed and this amendment is intended to update the contract to clarify the cases in
which the Attorney continues to represent the County and to add another case to the
responsibilities of the Attorney.
The Attorney shall represent the County in the following matters:
-Consultation on General Matters as necessary at the discretion of County Attorney
-Monroe County v. Gonzalez Architects and Jose' Gonzalez, Case Number CAK071428
-Consultation on settlement and any subsequent litigation as related to the Key West
Airport and Marathon Airport.
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 in the same manner as in this Second Amendment.
Page 1 of 2
All other provisions of the March 15, 2006, which are not amended herein, shall remain 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
DEC 1 5 2010.
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
LERK OF MONROE COUNTY, FLORIDA
By.
Mayor Ifeathertarruthers
Witnes or Ira Liban?4 Esq. By :� _
Ira iba o q.
Date: I/ 30 /0
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Page 2 of 2
= G. ; NTY ATTO:" : v
INAI*ILEENE W. CAS`:EL
AS i,-7A- T COUNTY ATTORNEY
FIRST AMENDMENT TO AGREEMENT DATED MARCH 15, 2006
BETwEEN MONROE COUNTY AND IRA LmNOFF, ESQ.
On this d f -day of 2007, 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'l and Ira Libanoff, Esq., ("Attorney'), hereby entered into this First
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 the Agreement of March 15, 2006, as follows:
Part A. This first amendment is entered into to clarify the existing relationship between
the County and the Party. The attorney has represented the County through various
engagement letters since 1999 in construction matters. This March 15, 2006 Agreement
related to representation for the County's dispute with Tropex Construction Services,
Inc. over the contract to construct the Tavernier Fire Station.
By this amendment, the parties intend to continue the agreement as it pertains to Tropex
Construction Services and to formalize the attorney's representation of the County on the
following additional matters, which were previously billed under letters of engagement or
other less formal agreements:
Consultation on General Matters as necessary at discretion of County Attorney
Monroe County v. Bender & Associates, CA K 03-915
Monroe County v. Jose Gonzalez, no case number yet
Monroe County v. Lodge Construction, et al, CA K 00-617
D.L. Porter Constructors, Inc. v. Monroe County, CA K 07-155.
Part B. In order to effectuate the amendments set forth above in Part A, the original
agreement is 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
Janet Ritenbaugh
Lori Shapiro
Sandra D. Kennedy
Jason L. Molder
Laura Papay
Hourly Rate
$225.00
$225.00
$200.00
$195.00
$165.00
Laura Gerwens, paralegal $85.00
Karen Gjertsen $85.00
ATTORNEY will charge no more than the hourly rate quoted above throughout the
duration of the representation on all cases covered by this Agreement, unless otherwise
agreed to in writing and approved by the COUNTY in the same manner as in this First
Amendment to original agreement.
THIS FIRST AMENDMENT to the agreement dated March 15, 2006 shall
become effective when executed by both the ATTORNEY and executed 6y the Board of
County Commissioners of Monroe County, Florida.
Witness:
M 61a h C 0 aC��
Print Name
Board of County Commissioners
Of Monroe County, Florida
By
Mario Di Gennaro, Mayor
MAR 2 12007
Date:
Ira Libano sq.
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MONROE COUNTY,.:�q�Tj7?RN1gy
PPROVED AS RMw
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N 1ILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
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