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Item Q4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 15 2012 Division: Countv Attorney Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado #3470 AGENDA ITEM WORDING: Approval of Fourth Amendment to Agreement Dated March 15, 2006 between Monroe County and Ira Libanoff, Esq. ITEM BACKGROUND: The County uses the services of Ira Libanoff for construction related litigation. Mr. Libanoff's agreement requires that he list all timekeepers and their hourly rates against which the County can be billed. This amendment adds an attorney, Alex Williams, to the list of timekeepers. Mr. Wiliams will be assisting Mr. Libanoff in a breach of contract action filed by the Morganti Group. PREVIOUS RELEVANT BOCC ACTION: Approved the original Agreement at the March 15, 2006 regularly scheduled BDCC meeting. Approved the 1st Amendment at the March 21St, 2007, the 2nd Amendment at the December 15'', 2010 and the 3 d Amendment at the September 21" 2011 regularly scheduled BOCC meeting. CONTRACT/AGREEMENT CHANGES: Adds one (1) additional timekeeper. STAFF RECOMMENDATIONS: Approve TOTAL COST: TBD COST TO COUNTY: $250.00/hr BUDGETED: Yes XX No SOURCE OF S: -Air-Dort Operations REVENUE PRODUCING: Yes o XX AMOUNT PER MONTH Year APPROVED BY: County Attyel OMB/Purchasing Risk Management DOCUMENTATION: Included XX Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # 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 Count Commissioners of M County,y Monroe Florida, as the legislative and governing body of Monroe County, Florida and in accordance with the powers enumerated in Section 125.011. Florida Statutes ("County") and Ira Libanoff, Esq., ("'Attorney"), Hereby entered into this Fourth Amendment to the ir 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; a n d 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 cont ained tamed herein, the parties amend the July 19, 2006 agreement as follows: I. Part B of the second amendment to the Agreement shall be amended to read as follows: Pali 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 (lie stated hourlyu • rate quoted above throughout the duration of the representation on all case covered e ed by this agreement, unless otherwise agreed to in writing and approved b the County. p ]� Y 2. All other provisions of the March 15, 2006 original a ee 2C110 sec agreement and the Dec. 1S, and amendment, which are not amended herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their ti�id year firs! above hands and seals tl�e claY e written, (SEAL) BARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. I�GLHAGE OF MGNRD . E COUNTY, FLORIDA By. B . Deputy Clerk D Mayor David aid Rice Fereneik, Libanoff, Brandt$ Bustamente Witness.- And Williams Ira Libanoff, sq, Print Nanle M CO NTY R OV AS ASSISTANT UNTY ATTORN� Date� �% � Z Pj