Item Q2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2014 Division: County Attorney
Bulk Item: Yes XX No _ Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Approval of Eighth Amendment to Agreement between Monroe
County and Ira Libanoff, Esq.
ITEM BACKGROUND: The County uses the services of Ira Libanoff for construction related
litigation. Mr. Libanoffls agreement requires that he list all timekeepers and their hourly rates against
which the County can be billed. At the February 15, 2012 regularly scheduled BOCC meeting the
board approved an amendment adding Alex Williams to the list of timekeepers. However, that
amendment omitted language allowing for retroactive payment of invoices that included services
performed by Mr. Williams. Mr. Williams services were used in the Morganti breach of contract
litigation and this eighth amend allows for retroactive payment for services Mr. Williams performed
prior to his name being added to the list of approved timekeepers.
PREVIOUS RELEVANT BOCC ACTION: Approved the original agreement at the March 15, 2006
regularly scheduled BOCC meeting. Approved amendments dated March 21St, 2007, December 15`h,
2010, September 21st 2011, February 15, 2012, August 15, 2012, October 17, 2012 and November 20,
2013.
CONTRACT/AGREEMENT CHANGES:
Allows for retroactive payment of the timekeepers services.
STAFF RECOMMENDATIONS:
Approve
TOTAL COST: TBD BUDGETED: Yes XX No
COST TO COUNTY: $250.00/hr SOURCE OF FUNDS: Airport Operations
REVENUE PRODUCING: Yes_ No XX AMOUNT PER MONTH Year
APPROVED BY: County Atty '' OMB/Purchasing Risk Management
DOCUMENTATION: Inc' ded XX Not Required
DISPOSITION: AGENDA ITEM#
Revised 2/05
EIGH'm Amendment to Agreement Dated March 15,2006
Between Monroe County and Ira Libanoff, Esq.
On this 19111 day of March, 2014, 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 Libanol7, 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 specifics the names of authorized
timekeepers; and
WHEREAS, it has been necessary to amend the Agreement from time to time in order to
revise the list of approved timekeepers; and
WHEREAS, the parties previously added the name of Alex Williams to the terms of
engagement and had agreed to retroactive payment of any invoices for Ale Williams;and
WHEREAS, the fourth amendment, which added Alex Williams as a timekeeper,
inadvertently omitted language authorizing retroactive payment
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
Nestor Bustmante, Esq. $250.00
Erik Neudorff, Esq. $195.00
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.
This Eighth Amendment, the Approved Time Keepers, and stated Hourly rates shall be effective,
and all invoices shall be paid retroactive, to September 21, 2011.
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2. 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 and November 20, 2013, which are not amended herein, shall remain in full forcc
and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN,Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor Sylvia Murphy
Ferencik,Libanoff, Brandt, Buistamente
And Williams
Witness:
Ira Libanoff,Esq.°
Print Name
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