9th Amendment 11/20/2018 CJ, CWR74
• °7 L % II Kevin Madok, CPA
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-." %f: Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: November 27, 2018
TO: Kathy Peters, CP
County Attorney's Office
FROM: Pamela G. Hanco .C.
SUBJECT: November 20 BOCC Meeting
Attached is a duplicate original of Item U1, Ninth Amendment to Agreement with Ira
Libanoff, Esquire for outside counsel legal services for construction related matters date March 15,
2006, for your handling.
Should you have any questions, please feel free to contact me at (305) 292 -3550. Thank
you.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 330
305 - 294 -4641 305 - 289 -6027 305 -852 -7145 305 - 852 -7145
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NINTH Amendment to Agreement Dated March 15, 2006
Between Monroe County and Ira Libanoff, Esq.
On this day of November, 2018, 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 Ninth 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 has been necessary to amend the Agreement from time to time in order to
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WHEREAS, in connection with the newest engagement by the County of Attorney it is
necessary to revise the list of timekeepers and hourly rates associated with those timekeepers;
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. $300.00
Nestor Bustamante, Esq. $275.00
Laura Baker, Esq. $275.00
Andrea Garcia, paralegal $100.00
Aniet Losada, paralegal $100.00
Attorney will charge no more that the stated 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.
This Ninth Amendment, the Approved Timekeepers, and stated Hourly rates shall be effective, and
all invoices shall be paid retroactive, to September 21, 2011.
2. The following language is added to Paragraph 17 of the Agreement (Florida Public Records
Law):
Pursuant to F.S. 119.0701, the Attorney and any subcontracts shall comply with all public
records laws of the State of Florida, including but not limited to:
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a. Keep and maintain public records required by Monroe County in order to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records
in possession of the contractor or keep and maintain public records required by the public
agency to perform the service. If the Attorney transfers all public records to the public agency
upon completion of the contract, the Attorney shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
Attorney keeps and maintains public records upon completion of the contract, the Attorney
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to Monroe County, upon request from the public agency' s
custodian of records, in a format that is compatible with the information technology systems
of Monroe County.
IF THE ATTORNEY HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE ATTORNEY'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY,
AT (305) 292 -3470, bradley- brian @monroecounty - fl.gov, c/o Monroe County
Attorney's Office, 1111 12 St., Suite 408, Key West FL 33040.
3. All other provisions of the March 15, 2006 original agreement, and amendments dated March
21, 2007, December 15, 2010, September 21, 2011, February 15, 2012, August 15, 2012, October 17,
2012, November 20, 2013 and March 19, 2014, which are not amended herein, shall remain in full
force and effect.
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,, "�°`-, WIN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
X s r'rst ab i itten.
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%, ( rt t l §EA ,} BOARD OF COUNTY COMMISSIONERS
° ... T S T: '/KEVIN MADOK, Clerk OF MONRO OUNTY, FLORIDA
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Deputy Clerk ■ , ' ay 'Sylv Mu P hy
Ferencik, Libanoff, Brandt, Bustamante
& Goldstein, P.A.
Witness:
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I ra Libanoff, ' • .
Shareholder
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Print Name
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MONROE COUNTY ATTORNEY
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Date: -- 27- - .. • _ `
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