7th Amendment 11/20/2013AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DA TE: December 30, 2013
TO: Bob Shillinger
County Attorney
ATTN. Kathy Peters
FROM: Vitia Fernandez, D CO
At the November 20'', 20 3, Ooard of County Commissioner's meeting the Board granted
approval of Item V5 Seventh Ake dment to the Standard Legal Services Agreement with Ira
Libanoff, Esq. in order to clarify the terms of the agreement, facilitate agreement as to certain
outstanding invoices, and close out two of the three remaining cases under the agreement.
Enclosed is a certified copy of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
Seventh Amendment to Agreement Dated March 15, 2006
�n Jl� Between Monroe County and Ira Libanoff, Esq.
On this 1� day of / oy., 2013, 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 Seventh 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 read as follows:
Section 8.2 shall be amended to read:
"8.2. Duplication of effort. Unless County approval is obtained, Attorney will not have more than one
time - keeper bill for court appearances, attendance at depositions, and meetings, including meetings
with County representatives, and internal conferences. Attorney is not permitted to use this matter to
provide on the job training for a time - keeper, and bill for that time- keeper's services, without County's
advance approval.
Section 5.3.1.4 shall be amended to read as follows:
"Section 5.3.1.4 Transcripts and Court Reporters. Transcripts should not be ordered without prior
approval from County. Transcripts should not be ordered on an expedited basis unless necessary and
approved by County. Attorney should obtain digital electronic /computerized copies of transcripts when
available at reasonable cost to avoid charging for time spent digesting or indexing transcripts, and to
allow County to maintain a digital electronic /computerized database of transcripts
Court Reporters shall be chosen by the Attorney, based on knowledge of the reporter's competency and
reliability. Court Reporter's invoices shall be reviewed by Attorney for accuracy prior to being attached
to the Attorney's invoice for reimbursement by County. If a Court Reporter has an unusual expense such
as extra time or billing for time outside normal business hours, or an increased rate, Attorney shall verify
with County Attorney the necessity and accuracy of the expense. County Attorney shall determine the
reasonableness of the time and relate that decision to the Clerk.
Section 5.3.2.2 shall be amended to read as follows:
"Section 5.3.2.2. Experts and consultants. Attorney is not authorized to retain experts,
additional counsel, consultants, or to outsource or delegate work outside Attorney's law firm, without
written approval by County. This section does not apply to selection of Court Reporters. Experts and
Consultants will be retained directly by written agreements between the County and the Expect or
Consultant. Attorney will be responsible for selecting and managing services of others so that their
services and expenses will be rendered in accordance with the terms of their agreement with the
County and to obtain cost effective services for County. Legal representation may not be delegated
outside the firm.
4. This Seventh Amendment shall be retroactive to original contract date, March 15, 2006 and all
invoices shall be paid retroactive to that date.
i'-'
5. In addition, this amendment is intended to clarify that Ira Libanoff and his firm were hired to
consult on the general matters in the case of Mailloux and Sons, Inc. V. Monroe County and to assist on
issues with the bonding company and settlement negotiations in that case. The authority for such
representation was established in the Second Amendment to this Agreement dated 11/30/10.
6. 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 Agreement to be executed this &" day
of b 2013.
F (SEAL),, BOARD OF COUNTY COMMISSIONERS
�.: ATTIEg+f�iaMY NEAVlLlN, CPA OF MONROE COUNTY, FLORIDA
o CLERK OF COURT
B 7
By
Deputy Clerk Mayor
By I _
Ira Libanoff, Eq.
Date: �� S" �3
MONROE COUNTY ATTORNEY
PROVED AS TO M:
NA ILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date f/ - 7
JudHow
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