Item M3BOARD OF COUNTY COMIVIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2/16/11- KL
Bulk Item: Yes x No
Division: County Administrator Roman Gastesi
Staff Contact Person/Phone: Connie Cyr. #4443
AGENDA ITEM WORDING: Approval of Fifth Amendment to Agreement Between Monroe County and
Cardenas Partners, LLC adding John David Hooker, II retroactive to 1 /11 /11; deleting Colin Mueller
retroactive to 1/31/11 and deleting Elinette Ruiz retroactive to 7/1/2009.
ITEM BACKGROUND:
On 2/27/09, the BOCC approved an Agreement with Tew Cardenas, LLP, retroactive to 2/6/09, for lobbyist
services for wastewater and other infrastructure money, primarily at the federal level. FKAA and Islamorada
entered into ILMs with the County to share the costs of the lobbyists. The city of Marathon and the Key Largo
Wastewater Treatment District declined to participate in the lobbyist cost sharing and were deleted from the
Agreement on 3/18/09. On 5/20/09, the BOCC approved termination of the ILA with Islamorada and the City
of Key West also declined to participate in the lobbyist cost sharing. On 6/17/09, the BOCC approved a Second
Amendment deleting the City of Key West and Islamorada from the Agreement, with the County and FKAA
remaining as the parties sharing the costs for these lobbyist services and therefore receiving any benefits
received as a result. On 8/19/09, the BOCC approved a Consent to Assignment from Tew Cardenas, LLP to
Cardenas Partners, LLC. The County received written notification dated 1 /11 /11 that John David Hooker, II has
joined the firm and that Colin Mueller would no longer be with the firm as of 1/31/11. The County also
received written notification on 1/20/11 via email that Elinette Ruiz did not transfer when the firm split from the
law firm of Tew Cardenas, LLP and has not been with the firm since July 2009; however, notification to the
County was inadvertently never provided by Cardenas Partners, LLC and only now realized. This Fifth
Amendment reflects these changes.
PREVIOUS RELEVANT BOCC ACTION:
- - - -- - - - --
2/27/09 BOCC approved Agreement with Tew Cardenas, LLP
2/27/09 BOCC approved ILA with FKAA for lobbyist cost sharing
3/18/09 BOCC approved Amendment to Agreement with Tew Cardenas, LLP
4/15/09 BOCC approved ILA with Islamorada for lobbyist cost sharing
5/20/09 BOCC approved termination of ILA with Islamorada
6/1/09 Written notification of termination without cause to Islamorada, Village of Islands by County
6/17/09 BOCC approved Second Amendment deleting Islamorada and Key West
8/19/09 BOCC approved Consent to Assignment to Cardenas Partners, LLC (previously Tew Cardenas, LLP)
2/17/10 BOCC approved Third Amendment to Agreement with Cardenas Partners, LLC
1/19/11 BOCC approved Fourth Amendment to Agreement with Cardenas Partners, LLC
CONTRACT /AGREEMENT CHANGES:
Adds John David Hooker, II retroactive to 1 /11 /11; removes Colin Mueller retroactive to 1/31/11 and removes
Elinette Ruiz retroactive to 7/1/2009.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: up to $60,000 per year INDIRECT COST: N/A BUDGETED: Yes x No _
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: up to $60,000 per year SOURCE OF FUNDS:
REVENUE PRODUCING: Yes o x AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMNIISSIONERS
CONTRACT SUMMARY
Contract with: Cardenas Partners, LLC Contract #
Effective Date: January 11, 2011
Expiration Date: February 7, 2012
Contract Purpose/Description:
Fifth Amendment amending Section 6. to add John David Hooker, II
effective 1 /11 /11: delete Colin Mueller retroactive to 1/31/11 and delete Elinette Ruiz retroactive
to 7/1/2009.
Contract Manager: Connie Cyr 4443 County Administrator/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 02/16/11 Agenda Deadline: 02/01/11/
CONTRACT COSTS
Total Dollar Value of Contract: $ 60,000.00 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 001 - 00101 - 530310 -.
Grant: $ - - -
County Match: $ - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e&. maintenance,
CONTRACT REVIEW
Changes
Date In Needed
Division Director Yes❑ No[]
Risk Management Yes❑ Non
O.M.B./Purchasing
County Attorney /
I Comments:
Reviewer
Date Out
Yes❑ Non
Yes❑ No
OMB Form Revised 2/27/01 MCP #2
FIFTH AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY
AND CARDENAS PARTNERS. LLC (FORMERLY TEW CARDENAS, LLP)
THIS FIFTH AMENDMENT TO AGREEMENT is made and entered into this 16
day of February, 2011, between the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA (hereafter "COUNTY ") and CARDENAS PARTNERS, LLC, (hereafter
"FIRM ", formerly Tew Cardenas, LLP); and
WHEREAS, the parties entered into a contract on February 27, 2009, retroactive to
February 6, 2009, for provision of lobbying services by the FIRM to COUNTY, and
WHEREAS, an Amendment to the Agreement was entered into by both parties on March
18, 2009 which included the deletion of the City of Marathon and the Key Largo Wastewater
Treatment District from Section 1. of the Agreement; and
WHEREAS, the City of Key West did not desire to enter into an Interlocal Agreement to
share the costs for these lobbyist services; and
WHEREAS, on May 20, 2009, the COUNTY approved termination of the Interlocal
Agreement with the City of Islamorada, previously approved by the COUNTY on April 15,
2009, to share the costs for these lobbyist services; and
WHEREAS, pursuant to Section 11.2 of the Agreement, on June 1, 2009 the County
provided the required thirty (30) day written notification of termination without cause to
Islamorada, Village of Islands thereby terminating the Agreement effective June 30, 2009; and
WHEREAS, on June 17, 2009, the COUNTY approved a Second Amendment deleting
Islamorada, Village of Islands and the City of Key West from the agreement to accurately reflect
who is sharing the cost of the lobbyist services and thereby identify who the lobbyist is to
provide services for under this agreement and who is to receive the benefits from the lobbyist
services provided; and
WHEREAS, on August 19, 2009, the COUNTY approved a Consent to Assignment from
Tew Cardenas, LLP to Cardenas, Partners, LLC upon receipt of notification from Tew Cardenas
of the name change; and
WHEREAS, on February 17, 2010 the COUNTY approved a Third Amendment to
extend the term one (1) additional year beginning February 6, 2010 and expiring February 7,
2011.
WHEREAS, on January 19, 2011, the COUNTY approved a Fourth Amendment
extending the term one (1) additional year beginning February 6, 2011 and expiring February 7,
2012; and
Page 1 of 3 Tew Cardenas Fifth Amendment
REV Sec. 6, Delete Mueller & Ruiz/
Add John David Hooker, II
BOCC 2/16/11
WHEREAS, the COUNTY received written notification from Cardenas Partners, LLC
dated January 11, 2011 that John David Hooker, II has joined the firm and, as of January 31,
2011, Mr. Colin Mueller would be leaving the firm; and
WHEREAS, the COUNTY received written notification via email on January 20, 2011
from Cardenas Partners, LLC that Elinette Ruiz did not transfer when the firm split from the law
firm of Tew Cardenas, LLP and has not been with their firm since July 2009; however,
notification was inadvertently never provided to COUNTY by Cardenas Partners, LLC and only
now realized; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree as
follows:
Section 6 . shall be amended to read:
"6. PAYMENTS TO FIRM
The FIRM shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk on a schedule as set forth in the contract. Acceptability to
the Clerk is based on generally accepted accounting principles and such laws,
rules and regulations as may govern the Clerk's disbursal of funds.
The FIRM may only use qualified personnel to perform the services required of it
under the contract. It is understood that the COUNTY's selection of the FIRM
for this contract is based in part on the abilities of the persons who are expected to
provide services under this agreement. The parties expect that the following
individuals will perform those services:
A Alberto Cardenas
B. Carl Chidlow
C. Colin Mueller (expires/to be deleted as of 1/31/11)
D. John David Hooker, II (effective 1 /11 /11)
E. Elinette Ruiz (expired/deleted as of 7/1/2009)
F. Emily Zammit
If any of these individuals leave the FIRM's employ, he or she must be promptly
replaced with a similarly qualified individual. The replacement individual is also
subject to the written approval of the BOCC, whose approval will not be
unreasonably withheld.
Monthly invoices shall identify the approved persons who provided services and a
brief summary of the services provided."
2. This Fifth Amendment will be effective retroactive to January 11, 2011 as to
the addition of John David Hooker, II; retroactive to January 31, 2011 as to
the deletion of Colin Mueller; and retroactive to July 1, 2009 as to the deletion of
Elinette Ruiz.
Page 2 of 3 Tew Cardenas Fifth Amendment
REV Sec. 6, Delete Mueller & Ruiz/
Add John David Hooker, II
BOCC 2/16/11
3. The remaining provisions of the agreement dated February 27, 2009, as amended
pursuant to the Amendment to Agreement dated March 18, 2009, Second
Amendment dated June 17, 2009; Consent to Assignment dated August 19, 2009;
Third Amendment dated February 17, 2010; and Forth Amendment dated
January 19, 2011, not inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Witness:
By
Signature
Print Name
Address
By
Mayor /Chairman
CARDENAS PARTNERS, LLC:
By
Signature
Print Name
Address
Page 3 of 3 Tew Cardenas Fifth Amendment
REV Sec. 6, Delete Mueller & Ruiz/
Add John David Hooker, II
BOCC 7/16111
CARDENAS LL
C
MIAMI • TALLAHASSEE • WASHINGTON DC
January 11, 2011
Mr. Roman Gastesi
County Administrator
Monroe County
1100 Simonton Street
Key West, FL 33040
Dear Mr. Gastesi:
701 13TH STREET
SUITE 950
WASHINGTON. DC 20005
T 202.904,2050
F 202.904.2051
W W W.CARDENAS PARTN ERSDC. COM
This letter serves to inform you that, as of January 31, 2011, Mr. Colin Mueller will be exiting
the firm of Cardenas Partners LLC to pursue other opportunities. Consequently, Mr. Mueller
will no longer work on behalf of Monroe County's account with Cardenas Partners.
Additionally, Cardenas Partners LLC is pleased to welcome Mr. John David Hooker, II as the
new Vice President of Government Affairs. Mr. Hooker comes to the Firm after serving in the
Office of Congressman Adam Putnam (R -FL), where he worked on issues involving agriculture,
defense, environment, homeland security, and natural resources. Mr. Hooker will now serve on
the Firm's account with Monroe County.
We firmly believe that Mr. Hooker will be an invaluable asset to Cardenas Partners LLC and a
very effective addition to the Monroe County account.
Should you have any questions or need additional information, please do not hesitate to contact
me.
Sincerely,
Carl Chi ow
Partner
Peters-Katherine
From: Cyr-Connie
Sent: Thursday, January 20, 2011 3:22 PM
To: Peters-Katherine
Subject: FW: Cardenas Partners - New Hire
IM
From: Emily Zammit LrnailtgEZammit@ rd n eap asParLnersDC.CgJm
Sent: Thursday, January 20, 20113:19 PM
To: Cyr-Connie
Subject: RE: Cardenas Partners - New Hire
July 2009 - She did not transfer to Cardenas Partners when we split from the law firm (Tew Cardenas) and she has
since left Tew Cardenas. I didn't realize she was on the contract or' would have notified you sooner. Please let mt
know if there is any further information I can provide you with.
From: Cyr-Connie
Sent: Thursday, January 20, 20113:15 PM
To: Emily Zammit
Subject: RE: Cardenas Partners - New Hire
From: Emily Zammit LmaMtD_ t rs
±mParn _g QC.c MI
Sent: Thursday, January 20, 20112:24 PM
To: Cyr-Connie
Cc: Carl Chidlow
Subject: RE: Cardenas Partners - New Hire
Hi Connie,
We also need to remove Elinette Ruiz from the list. She is no longer with Tew Cardenas® Let me know if you have any
questions.
From: Emily Zammit wilt: ammit re�aPartnrs crl
Sena: Tuesday, January 11, 201112:16 PM
To: Gastesi -Roman
Cc: Carl Chidlow; Cyr - Connie
Subject: Cardenas Partners - New Hire
Roman,
We wanted to inform you about an exciting change in our office. We have attached an official letter for your records
and mailed a hard copy to you today. We look forward to working with you in the coming year, please feel free to
contact us with any questions.
Best,
Emily
Emily E. Zammit
Director of Govemment Affairs
Cardenas Partners LLC
One Metro Center
701 13th Street, NW
Suite 950
Washington, DC 20005
(202) 9042050 office
(202) 9042051 fax