Item P17
HOARD Of COlINT\' COI\HllSSIONERS
AGE r\IlA lTE\1 SliM". AR Y
~'1cetLtlg [)3.I~' .lun~ 15, 2(1(15
Di \"ision.
Counh Anome\
Bulk Ilem: Ye, '\x\.
[\0
rkpnrlmctn COlJtltY AUomc\'
SlatTConlact P~rSD[r I::lub ShillilH~er xJ-OO
;\(;t:NllA I'n;t\1 WORlllNG:
Appro\ [11 0(' conl1"<lC\ \\ i\h F. T \'son Smilb. Esq , 10 defctld Lhe (~0Wl1y in the maHcr ofThol111L':. C oj limo
d <I!. \ , Monrue ('ow)l:--. (' A 1\1 (t4..~7L) and 10 pro\ ide legal SCr\ Lecs In other Cro\\th Managemenl
malleI'S rC\fL.Hl.;~i \ e 10 F ~bruan I, 2(J().-).
IT E M HACK(~ ROL ~ I)~ 'l"~ ;:;011 Srl1ith has been r~~t(lfn.;d W n;:presctlt lhc r mln'Y In the ahm c-
mfereflccd Ii ligalion. His prior la\\ LLnn. Fr~ilich. Leilner & Carl isc. dis50h cd dTcoj \ ~ Ja.lluar\ " I,
lOG':>', He ha.<; rormoo his own firm of\Vhi[e and Smilh. LLC. 'lhe Count\' <:Irso s:ecls his counsel in
0ther Gmwlh \'fanagcmcnl maH~rs
PREVIOIJS RF.LF,\:A~T HDee ACTIOr\: Otll\OH~mbcr 2~). 200..\. the fioard appro\cd fClaitltng
110b Freilich and h~ilich. 1,~ilJler & Cnrlise \0 represent il in thi~ liljgalion
co"'rKACI/AGREt:I\1t::~T CHA""(~ES: Cbange in pal1ies to pl'fiious contl"ad.
S"I'At't. R~~COMMt:~DATJO~S: Appl"O\'al.
TOTAL ('OS T:
lba
BlJllGF.TF.D: Yes "....\
No
COST TO COtr\TY: lba.
SOLRC[ OF ....L~DS: ~'jro!\lb\lana~ement
RF\'ENl:E PH:ODLiCI~G: Yc:s
Nu :\.'\
AMOL;'It.JT PER MONTH
Y~al"
ArrRUVED BY~
Counl\ A tl\ ~
OM B:'Purchilsi rhO Ri sk !\'1f1n(H'l'm~n(
____ __":0_
DIVISION DJRF.CTQR APPROVAL~
4/! /: ,
t;//<J~7i f<r~~
John R. CoHms, r ount:- A !tome'>
1)0("11 MF.!'iTA TrO~:
InduJ~d 'i..'\
Not Req ui red
IlISPOS I 'l'IOI'i:
AGF~ OA ITE~\1 #
,{c'n,;.;J 2M:'
rvl0T'\ROF COL'NTY BOARU OF ('OUNTY CO\1MISSIOt\tRS
CO:'\TRACI SL \1\11)\1{ \'
COJltrae~ \\"i [h
F . hsull Smilh
C nntrau #
FjT~cli, .: Dut\;;
C:\ Y LiT :2lJn:'l-O,";-02
FdKLI;}r\ L 2',l1.l5
h pi ration D~le Up~t1 ended
('1)rllr~CI PurpQSGTk~crl rtlnrt
COIlIT.KI \\llh uubid~~ Illigilll;ltl counsel 10 ddend th~ C\'Wlly ill '1l1urtH1S Collins. C'1 (II \
\1 un m; (\)llnt\ CA \1 0,1-.17<) and to pTNiJe I~gal aJ, il~ i II all onL',oi rll~ C:l]KICLh 011
other (J rm, lh \bnSC'lllenl ]SS~lt':-;c. ... _ .._ _ _ _ ,_
-.--
C L' t1 tr;)Ll \-1 an J.g~ f'
Bob Shi lIillgt'T
('\ J. In';;)
3-P-l-
~r:..:t.l
C llunh A1l0m~~\"
._.....0.....-. ___._~ _._ __ ._.. ....
( iJ,,;pJ.Ilm~Jlt.:S[()p ,;)
fN BOCC meL'lirH~ em
hl!1e l':;. ~rh 1:;
:\~t'[lJa D~;)dl lnt' ~h)\ 3 I. 1( 10--
CO\TR.-\CT COSTS
TOlClI D01laT \' allH~ ol' CUlllmel: S
l:hIJ~d~lj'J Y C's:/<J
(ir atl[ ~ n. ~l
C\'lliJl\ \lat~h: )
~un
10 b~
ddCr'nli nt::d
- -..-.--
AccoljJlt ('odes:
Currenl Year I'urliurl, $
n a
A DDnl< f\.-\L C( )STS
Fsiirnukd Ong,~iJlg Cosls: :t; lun.nO()(iO,'~T For: Ijllsatioll..seTl i(:~:-; .. ,
:.......\,~ '[le'hL,kJ ill cl"llil[ '.;ll,,~' ;Lb",~) ....:;~, llujntC"n~L1l,'';. Li~iljlh'~, i;1n~1l'rj<lI, "'llilric;., ~'~,','
COt\TRACT RtVlt::\V
D1\ 1,IIHl Dmxt"r
ChaJ1g~s
Dale 1 n '.JeeJed
\" ,'S ~ r\ L):.::J
Dnk O1L1
Re' i e,\ er
Risk \'l:J..n~l!~mcnt
vc~::J l\nn
0, \1.B ....PLJrCh:1.~Ln~~
v <:sLJ NUL:
(' ~Hm ly''\llol1l~' lL'"k/~' '_;
Y~sL" \.j()D
/JJjl/)..~:
/
/"/, ,:r
D //'u 'j
" /....- ,--,
c ~'fTHlle-n t s :
MONROE COUNTY, FLORIDA
NUMBER:
STANDARD LEGAL SERVICES AGREEMENT
AGREEMENT
cw ~T:' ~(jlh-lh-U:;:
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
as the legislative and govern[ng body of Monroe County I Florida, and in accordance
with the powers enu merated in Section 125.01, Florida Statutes (the "County") and
Tyson Smith (the "Attorney") hereby enter ~n[Q this Agreement regard ing the
retention of Attorney by County to provide legal advice and services:
1. CI ient: The Oient is the County, and to the extent ethica Ily permissfbte and
appropriate in the matter-, its elected and a ppointed officers and its' employees,
u n!ess [au nty advises Attorney otherwise, I n the event that Attorney can not
ethically represent i ndivid uals in addition to County, Attorney shall advise County in
wrirjng of that fau' immed~ately,
2. Attorney: The Attorney is the ind ividua I named a bove and v.Jhose signJture
appea,-s at the bottom of this Agreement. Attorney is licensed to practice law in all
j ur-iSdictions releva nt to this matter. As provided In Exhi bit A, Attorney practices
with others who also will provide services to County, Attorney under'stands that
[ou nty expects that Attorney will be responsible for managing and coordi nating
r'cpresemation 1,.vith lead cau nsel (Robert H. Freitich, spccia I land use cau nsel, Pau I
Hastings, Los Angeles) and other cOrcounsel as provided in Exhi bit A, assu ring
complra nee of others \.'1ithin Attorney's firm with the terms of th is Agreement and
ethical r-equ i rements, preparing and substa ntiating a II bills, and comm unicating with
County. Except as provided in Exhjbit A, Attorney may not delegate or outsource
th is work ~'vithout fu II written disclosu re to, a nd prior \,vritten approval frolll, the
County.
3. Matter~ Attorney has bef:m rctai ned by Cou nty in connection with the matter
described in Exhibit A. Attorney represents that he or she is competent and
avajla b~e to handle that matter. In the event that add itiona I matters are assig ned
by County to Attorney, this agreement shall apply to those matters as well, unless a
separate Agreement is required by the County,
3.1. Review of ethical obligations before initiating representation:
Attorney has (ond ucted a thorough investigation a nd determined that neither
Attorney nor his or her firm has any ethica I impediment, r'eal or potential, to
representi ng County, TO the extent that any ethjca I imped[ment, rea I 0; potential,
is discovered or ever arises, Attorney shall immediately inform County in writing of
the im pediment (r'egardless of whether Attorney betieves he or she has ta ken all
steps necessary to avoid the impediment and rega rdless of whether Attorney
believes that the impediment is insubstantial or questionable), make full disclosure
of the situation to County I obta i n County!~ express, written consent to cantin uc UlC
of the situation to County, obtai n County's express, written consent to continue the
rQpresentation of the other cl ient, a nd take a It steps requested by County to avoid
or m~ttgate thG fm pediment. Attorney understands that, if a di rect or indirect
ronfl iet of interest a rises wh ich, in :ne opi niorl. of the Count,!, GEl not be avoided or
mitigated under the Rules of Professional Conduct of The Florida Bart County may,
in i:s d~scre~:or" (a) obtain reimbursement from Attorney for all fees and expenses
paid to Attomey in this matter; (b) obtain cancellation of all amounts allegedly ov..'ed DY
COU:lty to Attot'ney,; and {c) obtain reimbu rsement for consequential expenses
incurred by County r includi ng the cost of replacement counsel.
3.2. Li m itat ro ns to sea pe of representat i on = E xce pt VII h ere pro h j b ited by
the Ru les of Professional Conduct of The Florida Bar, the Man roe Cou nty Attorney's
Office will serve as co-cou nsel in a II matters covered by this Agreement. As co-
counsel, the Office attorney's will assist Attorney by performing tasks CJSSig ned by
Attorney, includ iflg but not li m ited to serving as local counsel; securi ng the
cooperation of County employee's, officers, and others in discovery and other
rlatter's; obtain ing evidentiary materials from County files; assisti ng with discovery;
attc:"ding hca ri ngs and depositions; filing plead:ngs; ar-ranging for closed attor'ney-
client sessions with the Board of County Commiss1oners; and performing other
tasks as necessary and conven ient for Attorney. Decisions as to tactical approaches
to be util ized shall be the ultimate responsibiltty of the Attorney ( and other
authorized counsel as desig nated in Exhibit Aj c:md issues which rise to the level of a
client decis~on sha II be resolved by the Board of County Commissioners, Ar.y
fu rther lim itations or special conditions sha~1 be as set forth in Exhibit A.
3.3. Term of Agreement and Representation: This Agreement and
representation by Attorney is effective upon acceptance a nd approval by (au nty in
accordance with Cou nty's policies, ordi nances, or governi ng statutes, The
representation sf':all cantin ue untn terminated by either the County, or by the
Attorney in accordance with ethica I requirements and this Agreement.
3.4. County expectations and goals; The County expects the Attorney to
seek the best resol ution for the County at the lowest reasonable cost to the
taxpayers. At the ea rl iest reasona ble point during the represe:ltation I the Attorney
shall report to the County, via the County Attorney, any reasonable potential for
sett I em e nt, in cl u din g re lated s ettre me n t costs a nd ex penses, the esti mated c h a n CE'5
of the Cou nty prcva il ing an [he merits, Jnd the potential financia I exposure should
the County not prevail on the merits. Any other expectations and goals sha II be as
set forth in Exhibit A.
4. Attorney Fee (Hourly)~ Attorney w~11 be paid for his or- her services based
on the number of hours expended on beha~f of County (rou nded to the nearest
tenth hour for each time entry). not to incl ude time blllablc to or com pensated by
other clientsj multiplied by the Attorney's hourly rate as set forth in Exhibit A. The
2 of ~,g
foltQ'.o"ling mi nimum bill ing documentatfon and time- keepe(' req ui rements are a
condition pr'ecedent to payment by the County.
4.1. Non-billable time: Attorney wfl~ bill Cou nty only for ti me reasonably
and necessari Iy incurred to render professional services on County's ber,alf in
accordance with this Agreement, Time attributable to billi ng questions is not
billa ble. Time expended by time-keepers who have not been approved by Cau nty
a.s i nd icated on Exhibit A fS a Iso not billable.
4.2. Changes to hourly rates: Attor'ney wtll charge no more than the
hou rly rate quoted in Exhibit A thr-oughout the duration of the matter, unless
othen,vise agreed in -..vrit;ng signed by County,
4.3. Discounts to other Clients: The rates Attorney will charge County
represent the IO\Nest rates charged by the same time- keepers to other cl ients on
carnpa rable matters. In the event that ~ower rates or disCQU nts are provided to
other clients on com parab~e matters, Attorney ,;:lnd approved time. keepers will a Iso
provide them an the same basIs to County,
4.4. Additional time-keepers: Additional time-keepers may not be added
to the mi:ltter Without advance wrftten approval from County, In the event that
,Jdditiona1 time-keepers providfng services which a re to be billed to the County are
to be added to the staff, then their hou rly rates shall be provided to County in
advance! and, upon written approval by the County! their rates and bill ing practices
shall comply with the requirements of this Agreement. Additional time-keepers
approved by the County a rc listed in Exhibit A to this Agreement, and th~s Exhibit
A may be amended from time to time, upon mutual agreement of the County and
the Atto rn ey, to ev i de n ce the then - cu rren t cj r(u m sta nces.
4.5. Existing work product: To the extent the Attorney makes use of
existi ng \\'ork product, 8.g" in the form of research previously performed For
another County, then Attorney may b[11 only that ti me expended in using that work
pmduct for County, In other wordsl no premium, markup, or other adjustment
way be made to bill Cou nty for time spent on '~.....'ork a Iready performed.
4.6. Travel: Travel restrictions, indud ing restrictions on billing time d ur-ing
travel! a re set fa rth be low.
5. Billing of Fees and Expenses: Attorney shall comply with the following
[-eq uirements as to billing fees and expenses as a condition precedent to County's
obligatiof\ to pay each bill:
5.1. Monthly biUs: Unless otherwise agr'eed in a writing signed by the
County, bills shall be issued monthly by Attorney withi n 15 days after the c:ose of
3 of 1q
each month, Attorney understands that County requires prompt birls in part to
facil itate effective ma nagement of the representation and fees,
5.2. Bill format: Attorney sha II provide detailed, itemized bills which shall!
at a minimum:
5.2.1 Description. Provide a genera I description of the matter! to
include the name of the County department or constitutiona~ officerl jf not ind~cated
in the title of the matter, for wh ich lega I services ar'e being per-formed (e,g. Richard
Roe v. Monroe (au nty-EEO Oai m).
5.2.2 Personnel. Dearly identify each person performing services
(i.e., time-keepers) in conj unction with each entry,
5.2.3 Other Personnel. Clearfy identify all persons whO are not fu 11-
time lawyers employed by the Attorney!s firm (including su bcontractors.
indeoendent contractors, temporary employees, a nd outsourcing providers).
5.2.4 Time Records. Record the time expended by each time-keeper
separately. I r those situations where the minim urn billi ng i ncrernent exceeds the
actua I ti me spent on a task and severa I of these "minor" tasks a re performed, it is
expected that the services \.vill be agg regated until the total actuaf ti me spent meets
the minimum billing increment.
5.2.5 Totals and By Task. St<Jte the a mount of ti me expended by
each time-keeper daily (and, within each day, broken down by t8sk where more
tha n one project or task was \Norked upon within the sa me day).
5.2.6 Task Description. Describe withi n each itemized dally task
entry! in sufficient detail to readily allow the County to determine the necessity for
and reasona bleness of the tfme expended, the services performed, the project or
task eiJch serVlce relates to, the subject a nd purpose of each service, and the
na mes of others who were present or communicated with jn the course of
performing the service. Included should be a reasona bly spec[fjc delineation of
services sufficiently item ized to allocate time withi n a matter to such categories of
effort as Legal Research, Fact Gatheri ng, Internal Conferences, Commu n~catlon5
with Clfent, Particu lar Document DraftIng I (au rt Appearance, Deposition
Atte;:.da nee, and 50 forth,
5.2.7 Summary of Rates. In a sum mary at the begi nning or end of
the bill, provide the current hourly rate for each ti me-keeper, the total time billed
by each time-keeper in that bill, the product of the total time and hourly rate for
each time-keeper, the total fees cha rged. and a reconci Ifatjon between the amount
cha rged a nd any applicable estimated or budgeted a mou ntj by task. In add~tion,
4 c' ',9
eacfc monthly st<.:lteme r:.f should show the aggregat€ billing for tha~ macter from the
cornmenceme'lt [If the mdtler thcougr the cutTently-b;lled 'TIonth.
5.2.8 Digital/ Electronic Copy. County is current~y uSing Ti me
Hatters and Ti me Bi II ing softwa re in t~le County Attorney's office, a nd prefers that
a n electronic reporting softwa re which can be incorporated into the (au nty's
~oftware data base for tracklng and reporting pu rposes be used by Attorney'.
Attcrney shou Id discuss the capa bi litic5 of Attorney's billing system with County
beta r'e rende ri n 9 the fi rst bill. Co LJnty S ho uld I-ecei ve a dig ita I e~ectron ic/ com p u terized
version OT each bill, together wlth a pa per copy, to faci I[tate bill review.
5.3. Expenses: County 'w]11 pay the actual.' reasonable cost of the fonowi ng
expense items ff incurred in Jccorda nee with the guideli nes below a nd promptly
itemized in Attorney's month Iy bill ~
5.3.1 Rei mbu rsa ble expen ses: Act ua I cost for n ecessa ry 10 n 9 ,
dista nce telephone ca Ifs, tetecopyi ng ($0,25 per outgorng page), overnig ht 0:-
expedited delivery t cour~er5, photocopying ($0.15 per page), postage, court fees"
.9.0 d.-.2t h ~E eXB.e n se~_ a2p...!:oved.,in., a d v a ns:~ by Co u nty 0 r a 5 Ii s.ted t!..e I, gw : _ ___, _ _,
5.3.1.1. Expedited or emergency services: Attorney is
expected to avoid using expedited or emergency serVfces, such as express delivery
services, cOi..H'iers, telecopying, overti me, and so on, unless necessary because of
unexpected developlnents or extremely short deadlines, County may refuse to pay
for a ny such expenses when incurred routinely or because of Attorney's fa ilure to
ma nage t.he matter effiCiently.
5.3.1.2. Computerized research: Attorney is expected to
use computerized resea rch services cost-effectively to red uce time spent on
research, ~o.- exa mpJe, while closely- monitoring computerized research to insu re
that the charges are reasonable and necessary. Attorney is expected to pass
through to County a ny discounts or ather arrangements that reduce the cost of
computerized services,
5.3.1.3. Photocopying: Attorney is encouraged to use
outside copying services to reduce the cost of large~volu me cOPVlng / pr-ov[ded that
these expenses are efficient, cost-effective, a nd incurred and bi~led in accordance
with this Agreement. Attorney is responsibrc for insuring that all cOPYlng compdes
\-\,\th copyright obi igations,
5.3.1.4. Transcripts: Transcripts should not be ordered ~..,'ithou~
prior- appmval fr'om County. Transcripts should not be ordered on an expedjted basis
unless r1ecessary ar.d appmved in advanc(:: by Count"i, Atwrne'r' 5hould Q~tain digitdl
electro 11 ~cl corn p uteri zed (:0 p~ps of tra r1scri pts w tw rl d '....a i I a b Ie at a rea son a bJ(~ (:{) sl to avo id
5 of .,9
cha:-ging for time spent digesting or indexlng transcripts, and to allovv County to maintain <1
dig ita I e IE ctro ,Ii cj corn puter'i7.C d data base of a II t r a nsu: pt~.
5.3.1.5 Travel Expenses: Travel expenses within the
Attorney's local or' metropolitan area will not be rei mbu rsed if the time spent in
tr-anSit is billed, Travel expenses outside the metropolitJn a rea may on Iy be
reim bursed if the travel was approved in advance by County, Reimbursable travel
expenses, if a pproved in adva nee, a re the cost of tra nsportation by the least
expensive pract~(ab~e means (e.g., coach class air travel), the cost of reasonable
hotel accom modationst and the cost of transportation v'vh ire out of town (e.g" by
cab or renta; car, \,'./hichever seems reasonable, at the lowest available rate). Travel
expenses wil~ be reimbursed in accordance with the a pplicable provisions for
"approved travelers" of the Monroe (au nty Code, wi!1 be su mmarized on the Man roe
County Trave~ Form with a~1 appl1ca b~e receipts attached thereto.
5.3.1.6 Travel Time. Time spent in transit, locafly or
otherwise, may be billed only jf (a) Attorney or time~kceper is unaolc to avoid
tr'aveling by using other forms of com mun ication and (b) Attorney or ti me- keeper
is unable to bill time in tra nsit to other clients, Travel by more than one time-
keeper at the same time to the sa me desti nation :S '10: allowed Wlt'lOut Ot'jot" apprO\.lal
fl-on, County. Approved trtlvel time during timc-keeper's normal business hours \-\'iIl be
biiled at the hourly rate listed for' the time-keeper on Exhibit A. Approved travel
time outside of time-keeper's normal business hour's will be bdled at one- half the
hou rly r'ate listed for thE time-keeper on Exhibit A.
5.3.2. Non-reimbursable expenses: The following expenses will ~n no
event be reim bursable, un'ess specific:a Ily agreed to in .Jdvance in a writing sig ned
by County:
5.3.2.1. Personal and Office Costs. Meals for time-keepers,
overtime, word processing or com puter charges, personaf expenses, expenses that
benefited other clients, expenses for books, costs of tempora ry emp~oyce5,
period icals or other Jibra ry materials, interna I filing or' other document handling
ch.Jrges, c'erical expenses, stationery and other supply expenses, util ities, a nd any
other expense that is either I..mreasonabte or un necessary, (The fact that the rirm
charges other clients or that other firms charge their clients for an expense doE's
not make it reasonable or necessa ry.)
5.3.2.2. Expertsl consuaantsl support services,
outsourced services, etc. Attorney is not authorized to retain experts, add itional
counsel, consultants, support services, or the like, or to out 50urTe or delegate work
outside Attor-.'ley's law firm, \'vithout prior 'ivritten approval by County. Attorney \-vill
be responsible for selecting and managing the services of others so that thcfr
5Erv~ce5 and expenses wi~1 be rendered in ,)ccordance with the ter'ms of this
Agreement, incjuding tenns applicable to Attorney. Attorney will manage others to
60f D
obtai n cost-effective services for County. Un less otherwlse agreed in \....'riting,
Attorney s.....311 obtai n a written reta iner agreement, ir"J a torm which may be specified
by County, from each service provider', with bi lis from each provider' being sent to
both Attcrney (for ma nagement purposes) and County (for review a nd payment).
5.3.2.3. Expenses not passed through at actual cost. County
will not p<.!y ar1Y marj(Up fa; expenSES. County ....'ill only reimburse the Attorney far thef[-
aCui31 approved out-af-pocket costs and ~xpen5es, whether jrlcurr~d personl"llly rlY an
a;Jproved time-keeper or in(:urn~d by ather Clpproved personnel (su,-~ as expe-r::s,
consulta.nts" SLmpOtt sen/ces personnel, or outsourced services personnel),
5.3.2.4. Overhead not charged to County. Count'r' will no~ pay
~or allY "experse" i:efTs that M€ in fact part of Attomey's ove,"read '.'ihich should bt:'
included within Attornt:Y's fee,
5.3.3. Advance approval of expenses. rn addition lo the items tloted abo\"e,
Attorney shall obtai" aeVa'lCe a JP:OYo: from COLnty before irc\Jrr--ir,g any expense 'r excess
of S 1,OQO,OO if Attorney expects to be reimbursed for that E'xpensr, County may refuse to
:ny 2'1Y expense for '''ihich advance cpp,coval was rot Dbtained by ktorney.
5.3.4. Copies of receipts for expenses. Attorney sha II incl udc copies
of receipts for all expenses with the itemized monthly bill. County may refuse to
pay a ny expense item for which documentation is not provided by AttDrney,
5.3.5. Expenses (and fees) after termination. Upon termination of
the representation! Attorney shall promptly bill County for (] ny remaining
reimbur-sab~e expenses and fees. Cou nty may refuse to pay any fees or expenses
not billed with in 45 days of termination of the representation. Attorney is a Iso
expected to cooperate promptty with all aspects of terrni nat;on and, ff a ppl icable,
transition to other counsel. Payment for fees and expenses is contingent upon
;Jrompt, fu~1 cooperation,
5.4. Bi II and expense documentation. Attorney understands that
Attorney fll ust have documentation to support all aspects of each bill t including fees
and ex penses, a nd must maintai n that documentation until (it least one year after
the termi nation of the representation. This documentation shall be made available
by Attorney to (au nty (or County's designated representative, incl udi ng an
accountant, the County Clerk or County Clerk's representative, or legal bill auditor)
upon (au nty's written req uest. Attorney agrees to cooperate w~th any examination
of this documentation and Attorney's fees and expenses, e.g., by responding
promptly and completely to any questions County or its designated representative
may have. Attorney shall notify County in writi ng at least 60 days in advance of
destroying a ny such records and, in the event that (ou nty r'equests that they be
pr-eserved, shall pn::serve them at least one addltionat year or, at the option of the
County, delivered to the County for storage by the County,.....ffth County respons~ble
for paying the actua I cost of storage. This documentation shall include, for
7 of 19-
exa mpfe, origi nal tfme records, expense receipts, and documentation supporting
the amount charged by Attor'ney for expense items generated by the Attorney or
his or her firm. County reserves the right not to pay any fee or expense item for
wh ich sufficient documentation is not avai!a b~c to determine \\J'hether the item was
necessary and reasonable, Upon prior written Agreement by the County I Attorney
may provide the documentation in Gig ita I electronic form in Adobe Porta ble
Doc'Jment Format (PDF) or in Alchemy format in lieu of the manual preservation
requ irements detailed above.
6. Payment terms: Attorney bills complyjng with this Agreement are due and
paya blc L.:.pon recc;pt. If the bill materially fai Is to com ply with the requi rements of
th,s Ag reement, then it is not due ~lnd payable until its deficiencies are remed ied by
Attorney . County is eWitled to a H<) prompt payment discount if a bjll is paid \....~th in 15
days of r'eceipt by County or corn~ction of def~clencies by At~orne'r'l ~...'r.jchevel" is later, (or' if
the biiJ is sati5fied by fundS ,leld by Attorney, e.g., in a trust account). County shall no: be
lia :Jle for' interest or other- late charges unless specincally agr'eed to in advance in a \....Tit.ng
.signed oy Count!',
7. Budgets. Attorney will, upon written req uest by the County, prepare an
estimate or budget of the likely costs, by task, of this matter, includ~ng fees and
expensesl and a plan for handling the matter, Attorney will update the budget and
pia n at least once every three months. In the event that Attor'ney obta ins
information indicating that the budget (or- any line item) may be exceeded by more
tha n five percent, he or she will not~fy County of that immed iately, In a written
statement accom panying each bill, preferably in tablular form, Attorney will
reconcile the budget with each month '5 bi II, e,g" by expla in ing 1,\'hethQr t~le billed
a mou nts, by task, i3re more or less tha n the amounts budgeted ther'efor'e, County
sha It have the right not to pay any a mounts that are over budget or !lot i ncl uded
with in the budget,
8. Staffing and matter management. Attorney has been r-etained spccifica I~y
because Attorney, personally, is understood by Cou nty to be able to handle this
matter. Emplo'fmC:1l of additional ;ndividJQls, whether attorneysl pa r<:llega!s, or
others, who will bdl time to County is not permitted v"ithout the advance written
approval of [au nty.
8.1. Time-keeper changes. Char,ges in t;me.keepers, e,g., replacement
of a n attorney as well as increases or decreases in the number of the time-keepers
working on the suoject- matter of th is Ag reement, must have the advance 'Nrittcn
a pproval of County. County expects to receive disCQU nts or other concessions so
that any ~ncreases or ch0nges in time-keepers ~'\lill not result in unnecessa ry or
unreasonable charges to Cau nty I e.g., for tra in ing, internal conferencesl and
m,Jnagement.
8 of .9
8.2. Dupl ication of effort. At any time., the County may req uest
thatl unless advance County approva~ is obtained, Attorney will not have more tha n
one time-keeper bill for court appearances, attendance at depositions and meeting,
includtng meeti ngs with County representatives, a rld internal conferences, Upon
sl.ich request! 2 nd \"vithout prior [au nty approval, in the event that more than one
person attends, only the time of the person with the lowest rate will be bi liable.
Attorney is not permitted to use this matter to provide on the job trai ning for a
time-keeper, and bill for that time-keeper's services, without County's advance
approval.
8.3. Matter management. Attorney is responsible for- managi 119 the
matter cost-effectively a nd competent~y I e.g., by insu ring that add itional time-
keepers are competent, pmpcrfy supervised, efficient, El nd incompliance with the
terms of this Agreement as well as with ethical obJigations,
8.4. Communications. (au nty will expect that a II commun icatior,s
between Attorney and County will be reviewed by Attorney and that Attorney will
serve as the point of contact for- this matter, including billing q;.;.estions. The poi nt
of contact for' th is matter' at Cau nty is the County Attorney or the individual
specifically identified in Exhibit A.
8.5. Case monitoring. County will be advlsed prompt;y by Attorney of atl
sjgnifica nt facts and developments in thc matter so that County may ma nge the
[T,ctter' effectively and made in~o;-med decfs~ons about strategy, tactics, settlement,
schcduli ng, costs, and other related matters. County wi~1 promptty receive from
Attorney copies of all orders., opinions, pleadings, briefs, memoranda (internal and
externa I). corr'espondcnce, and any other document mater'ia I to the subject matter
of this Agr'eement, such that the County will have a current. up-to-date, "mirror"
copy of the County's file mai ntained by Attorney. For discovery materia Is or
exhi bits that an; lengthy I Attorney should discuss them with Cou nty before
providing a copy. Doeu ments avai lable in digital electron ie/computerized form
shourd be provid€:d in that form in lieu of paper copics,
8.6. Case control. Attorney shall discuss all sign ifica nt issues of strateyy
and tactics, inducting motions, disc:Jvc:ry, pleadings, briefs, trial preparation..
experts, and settlement, with County before implementation. Attorney is expected
to exercise independent professiona I judgment, but to im plement the deCiSions of
Cau nty as expressed to the Attorney by the County Attorney.
8.7. Atto rn ey coo pera tion. Attorney wW coo pe rate with Co u n ty 0 r
Cau r:ty's representatives to prompt~y prov;de all information County requests or
needs about the subject matter of th is Agreement and Attorney's bills,
9 of 19
8.8. County cooperation. Attorney should consult with Cou nty about a II
opportu nfties for County to save money or mJ ke use of Cou nty's expertise to assist
in, e.g" responding to discovery, preparing for tria!! locati ng experts, and the like.
County may also have personnel and facilities available to reduce the expenses
r'elated to the subject rratter of this Agreement.
8.9. Temporary staff, delegation, outsourcing. Attorney will not bill
County for the time and expenses of temporary employees, ;nduding so-called
"Tem os" or contract attorneys or other staff fram outside companies, nor
"outsourcef' or delegate work, nor chdrge for summer associaics, law cle,ks, or stlrdcnr
c1er'ks, (colect~velr' "temporary stafF" pvcn if not temporariry employed) \\'ithout full
advance disc~osun~ of the em;:::lIo'r'ee'5 ter:lpor'ary or short.term status to Ccunl"y', including
diSCiosure or the actua; amounl pald or to be oaid to the individual. Unle~s County
exp(essly agn=es ire ',....ri~:ng to ~at.-:!ig addi:ional amoun~s 2tter full disclDS,lre bV AttorTey,
Att o-ne y rT1 a y not ch a rg e Co un ty mo re thi.l nth e a ctua I cost pa i d :JY atto me y,
9. Confidentiality and public relations: Atton1€y is not authorized to waive
or r-erease any pr~vilege or other protection of information - conf~dential, secret. or
other'wise - obtained from or on bcharf of County. Attorney is to keep a I[
co:-,.fidentia I, privileged, or secret infor'mation confidentia I, Th is requirement is
perpetua I, i.e" rt will continue even after the ter'mination of the r'elationsh ip and tht5
Agt-eement, This requ irement is a 150 intended to prohibit Attorney fmnl using
information obtained from or on behalf of CountYI including wor'k product prepared
at County's expense, For other Countys of Attorney or his or her firm, without
Cau nty's ddva nee \Nritten appmval. Attorney is not authorized to identify County as
a County, e.g" for purposes of marketi ng or advertisingJ without County's prior
approval. Upon krminat;on of the reprcsentat~on, Attorney ag rces to retu rn
pl-omptly a II information obtai ned from or on behalf of County to County. Attorney
is no: author-ized to com mUf1icate \Nith the publ ie, including the press, about County
or this matter w~thout the advance appr-ova I of County.
10. OwnerShip of Attorney files and work product: Attorney underst,;:mds
that all fiies a nd work produc~ prepared by Attorney or' his or her firm at the
expense of County (or' for which County ~s otherwise billed) is the property of
County. Without County's prior written approval, this work product may not be
used by Attorney or his or her firm nor disclosed by Attorney or his or her firm to
others, except in the nor-ma I course of Attorney's representation of County in th is
matter. Attorney agrees that County owns all rights! including copyrights, to
mattTials prepa I'cd by (au nty or by Attorney on behalf of County. Attorney sh.:Jl/
notify County in writing at least. 60 days in advance of destroying a ny such records
and, in the event that County requests that they be preserved, sha II preserve them
at least one additional year (with County responsi ble for payi ng the ~(tual cost of
stordge). Attorney shall provide County with prompt access to (in(lud~ng the ability
to makt: copies of) a il attorney fiies and work product, r'ega rdless of whether the
10:)f 1 9
representation or matter 15 ongOing and '....'hether attorney fees and expenses have
been paid in full.
11. Dispute resolution: Attorney and County agree that all disputes rega rding
Attcrney's fees or expenses are to be resolved pur-sua nt tD the proccd u res and
practices for med iation by the Attorney Consu mer Assistance Program of the Florida
Ba:-.
12. Governing law, modification of thts Agreement, entire agreement~
This Agreement is to be interpreted in accordance with the laws of Fiorida and w;th
the ethical requirements of that jurrsd iction, The Agreement may not be modified in
any way vvitnout the express! written agreement of both parties. Th is represents
the entire agreement of the parties,
13. Monroe County Code Ethics Provisions: This provision is fou nd in Sectjon
18 ,8 be~ow.
14. Time Keeper Defined: As used in th is Agreement, the term "time keeper'!
sha It incl ude Attorney and other attorneys and i ndividu,]ls identified in Exhibit A
\\'ho will be providing services under thjs Agreement a nd who v.Jill bi Il the (au nty for
their services in accorda nce with this Agreement.
15. Methods of Approval and Consent By County: Any consents or appr'Qvals
req uired by th is Ag reement to be made by the County shall, unless the context
expressly states otherwise, be made by the County Attorney or a n authorized
Assista nt County Attorney in written form! to include but not limited to ha nd-
~.....ritten, typed, or printed notesl electronic mati! letters, or facsimile transmissions.
16. Florida Government-in-the-Sunshine Law: Attorney ag rees that, unless
spccificaljy exempted or excepted by F'orida law, the provisions of Chapter 120,
FiDrida Statutes, gene:"ally require full and pu bl ic discussion of matters to be voted
UPOIl by the Boa rd of (au nty Com missioners. Attorney agrees to consult with the
COlJnty Attorney's office concerni ng the a pplication of the Sunsh ine law from time to
tfme concerning specific circu msta nc.::s that may a rise du ring the term of th is
Ag r'ee men t.
17. Florida Public Records Law: Attorney ag rees that! un less specifica I~y
exempted or excepted by Florida law or Rules and Reg ulatlons of The Florida Bar-,
the provisions of Chapter 119 J FIDrida Statutes, gC'neralfy requ ire pubric access to
all records and documents which may be made or received under this Agreement.
Attorney agrees to consult with the County Attorney's office concerni ng the
application of the Pub"c Records Law from time to t~mc concerning specific
-::::ircu mstc::mces th,Jt rray arise du ring the term of thiS A:::Jreement.
11 of 19
18. County's Standard Contract Terms:
18.1 No Assignments. Without the prior written consent from the County r
Attor'ney sha II not assig n or transfer this Agreement.
18.2 Entire Agreement. The entire agreement between the County and
Attorney with respect to the subject matter hereof is contai fled in t~lis Aqreement,
This Ag reement su persedes all prior oral and written proposals and commun ications
between thE' County and Attorney related to this Agreement. No provision of this
Agreement sh.;lll be deemed waived, amended or modified by either party unless
such waiverr a mend ment or mod ification is fn writing and srgned by the pJrty
aga inst \,vhom thf; wa iver, amendment or modit~cation is clai med This Ag reement
shall be bi nding upon and i nu re to the benefit of the parties hereto, the~r permitted
successors and assigns,
18.3 Severabjlity. If a term, covenant! condition or provision of this
A-;Jreement sha II be deda red invalid or unenforcea ble to a ny extent by a (au rt of
competent j ul-isdidion, the rema in ing terms, covenantsj cond~tjon5 and provisions
of this Agreement shall not be affected thereby; and each rema ining term,
covenant, [and ition and provision of this Ag reemcnt shall be valid a nd shall bc
enfOI-ce(] ble to the fullest extent permitted by law unk;ss the enforcement of the
remaining terms! covenants, conditions a nd provision of this Agreement \'vou!d
prevent thp. accomplishment of the original intent of this Agreement, The Cou nty
,J 11d Attorney ag ree to reform the Agreement to replace a ny stricken provision with
a va lid provision that comes as close as possibte to the intent of the stricken
p rovfsion.
18.4 Captions, The captions set forth h8fcin are for convenience of
reference only and shall not define, mod~fYr or timit any of the terms hereof,
18.5 Governing Law and Venue, Th is Agreement shall be governed by and
construed in accordance with the I<JWS of the State of Flor~dJ applica ble to contracts
made and to be performed entirely in the State. Venue for any legal action which
may arise out or or under this agreement shall be in Monroe County, Florida,
18.5.1 Conflicts in interpretation. The County and Attorney dgree
that, in the event of confiicti ng interpretations of the terms or a term of this
Agreement by or between them r the final interpretation by the Cou nty sha Il apply,
18.5.2 Adjudication of Disputes and Disagreements. The County
and Attorney ag ree that a II d~sputes and disagreements between them shafl be
attempted to be resofved by a meet and confer session between representatives of
the County and At:orney. If the issue or issues are still not resolved to the
satisfaction of both within 30 days after the meet and confer session, then either
12 of H
shall have the r~g ht to seek such reljef 8S may be provided by this Agreement or by
Florida la\\',
18.5.3 Cooperation. In the event any administrative or lega I
proceeding is instituted against either the County or Attorney I-elating to the
for'mati:m, execution, pe:-formance, or hreach of th is Agreement the County and
Attorney each agree to pa rticipate, to the extent required by the other" in an
proceedfngs, hearjngs, processesl meetings, a nd other activities related to the
substance of this Ag reement. The County and Attorney each ag roc that neither
sha II be req ui n::::d to enter into any ar'bitration proceedi ngs re~ated to th is Ag reement
or' any Attachment or Addend urn to th~s Agreement.
18.5.4 Legal Obligations and Responsibilities; Non-delegation of
Constitutional or Statutory Duties. This Ag reement is not intended to relieve,
nor- shall it be construed as r-elievingr either the Cau nty or Attorney from any
obljgation Dr respansi bi Ilt'ji imposed upon each by ~aw except to the extent of actua I
a nd timely performance thereof by the other, in wh ich case the p~riorma nee may
be offered in satisfaction of tne obligation or responsi bi lity. Further this Ag reemer.t
is not intended to authorize, nor sha II it be construed as author,zing, the defegation
of the constitutiona I or statutory duties of the County, except to the extent
permitted by the Florida Constitutionl state stJtutes, case lC]w, and, specifically, the
provisions of Chapte r 12S, Florida Statutes.
18.6 Attorney's Fees and Costs. In the event any administrative
proceeding or cause of Jction is initiated or defended by the County or Attorney
Tiative to the enforcement or interpretatton of thls Agreement. the prevai ling party
shall be entitled to an award of re.;:lsonable attorney's fees, court costs,
i n\icstigative, and olit-cf- pocket expenses, as an award Jgc:li nst the non- prevafl ing
party, a nd shall incl ude reasonable attorney's fees, court costs, investigatjve, and
out-af-pocket expenses in appellate proceedings, Ned iation proceedings initiated
and conducted pursuant to this Agreement or as may be required by a court of
com petCflt jurisdiction shall be conducted in accordance with the Florida Rules of
Civil Procedu r'e and usual and cuslomary procedures req uired by the cjt-cuit court of
f\'1onroe County,
18.7 Records. Attorney shall mainta i n all books, records, and documents
d irecUy pertinent to performance under th!$ Agreement incl udjng the documents
referred to in Sections 5.4 and 10 of th[s Ag reement, in accorda nee with general:y
accepted JccounVng principles, consistently appl ied. Upon ten (10) business days
'ivritten notice to the other, rcpr'esentatives of either the (au nty or' Attorney sha II
have aCCESS, at all reasona ble times, to a II the other pa rty's books, records,
cor-rcspondencer instructions, receipts, vouchers and memoranda (excludi nq
computer software) pertaining to work under this Agr'cement for the purpose of
conductfng a complete independent fiscal audit. Attorney shall retain all records
13 of 1 9
req ui red to be kept under this Agreement for a m injmum of Five yearsl and for at
leJst four yea r5 after ~he termi nation of this agreement. Attorney sha II keep such
records as are necessary to doculllent the performance of the agreement and
ex pen ses J S i r'1.( U rred! J n d give access to these reco rd sat the req uest of the
County! the State of Florida or authorized agents and r'epresentatives of said
government bodies. It js the responsibility of Attorney to maintain appropriate
recJrds to insure a proper accounti ng of a If collections and remrtta nces, Attorney
shall be responsible for repayment of any and all aud it exceptions wh ich ar'e
identified by the Aud itor Genera I for the State of Florida, the Clerk of Cau rt for
Monroe County, the Board of County Commissioners for Monroe County, or their
ag en ts and represen tat ives.
lB.7.1 Public Access. The County and Attorney shall aljow and
per'mit reasonable access to and inspection of, all docu ments, papers, letters, or
otr,er materia Is subject to the Florida Pu bl ic Records Law, as provided in Cha pter
119, Florida Statutes, and made or received by the them, unless speCifically
exempted b}/ State Statute, Rules and Regulations of The Ftorida Bar, or case law.
County shall have the right to cancel th is agreement upon vfolation of th is provisicn
by Attorney.
18.8 Monroe County Code Eth.cs Provision. Attorney warrants that he
~as t10t em p!ayed, retained or other\ovise had act on his behalf any formel- County
officer or employee in violation of Section 2 of Ordinance NO.1 0-1990 or any
Cou nty off jeer or employee in violation of Section 3 of Ordinance NO.1 0-1990. For
breacr: or violation of this provision the Cou nty may, at its discretion, term inate th is
Agreement without Ijabil ity and mJY also, at its discretion! deduct from the sums
0v'y'ed under' the Agreement, or otherw~se recover, the fulf .Jmount of any fee,
commission, percentage, giftf or consideration pa id to the former or present COJnty
officer or em ployee. (au nty employees and officers are req uired to comply with the
standa r'ds of conduct del ineated jn Section 112,313, Florida Statutes, rega r'ding, but
not limited to, solicitation or acceptance of gifts, doing business with one's agency,
una uthorized compensation, misuse of pu blic positjon! conflicting em ployment Dr
contractua I relationship, and disclosure of certai n i nform.atiofl,
18.9 Authority. Attorney wa rrants that he a nd the authorized ti me keepers are
author'ized by Jaw a nd the Rules a nd Reg ulations of The Florida Bar to engagl2 in the
performance of the act1vities encom passed by th is Agreement. If Attorney is a
member of a ~all"" firml either as partner, Shareholder, assoc[ate.. or other
relationship, Attorney warrants that he is authorized to enter into this Agreement
by A~torney's law firm.
18.10 Public Entity Crime Statement. Florida law provides that person
or affiiiate who has been placed on the convicted vendor' Ilst fotlmvi ng a conviction
for' pubnc cntfty crime may not submit a bid on an agreement to provide any goods
1 ,: 0 ~ ~,9
or services to a pu blic entity! ma y not submit a bid on a ag reement with a pu bl ic
ent.ity for the construction or rep8ir of a public building or- public work, may not
suhrn i: bids on leases of real property to publrc entity, may not be a v...' a rded or
perform work as a contractor, 5uppfier. sub-contractor, or consultant under a
agr-eemem \-\Iith any pu bl ic entity I and may not lransact business with any pu bl ic
entity in excess of the threshold a mou nt provrded in Section 287,017, for
CATEGORY TVJO For a perlod of 36 months from the date of bei ng placed on th~
convicted vendor list. Attorney warrants the neither Attorney nor any Juthorized
ti me keeper has been na med to the convicted vendo~- I i5t.
18.11 Anti-kickback. Attorney warrants that no person has been employed
or retained to solicit or secure this Agreement upon any contract or u nderstandi ng
for a commission, percentage, brokerage or contingent fee. and that no employee
or officer or the County has any lnterest! fi nancjally or otherwise, in this Ag reemcnt,
except as expressly stated herein, For breach or violation of this warranty, the
County shall have the r'ght to an nu I rht5 ag reement without I iabifity or, in its
discretion, to deduct any sums to be paid by County under this Agreement, or'
otherwise recover! the fu II a mou nt of such com mission, percentage, brokerage cr
contingent fee.
18.12 Modifications and Amendments. Any and a It modifications of the
terms of th\s agreement sha II only be a mended in \,....rlbng a nd executed by the
Board of County Com missioners for Man roe County and by Attorney.
18.13 Independent Contractor. At all times and for all purposes
he reu n de r, A ttorne y is ani n de pend ent co ntractor a nd not an em p loyee of the Boa rd
of County Commissioners of f\olonroe County, No statement contained in this
Agreement shall be construed so as to find Attorney or any of the authorized time
keepers, to be the employees of the Board of County Commissioners of f\1onr'oe
CountYI and they shall be entitled to none of the rights, privileges or benefits of
employees of f\"1on roe County,
18.14 Compliance with Law. In ca rryi ng out Attorney's obligations under
this ag reement, Attorney sha I~ a bide by (] Ij statutes, ordina nces, ru les and
r'cg urations pcrta in i ng to or regu!Ziting the provisions of this Ag reen;ent I incl uding
thOSE now in effect and hereafter adopted, Any violation of said statutes,
ord ina nces, rules or reg ulations sha II constitute a material breach of this Agreement
a nd shal~ entitle the County to terminate this Ag reement immediately upon delivery
of wTitten notice of termination to Attorney.
18.15 Licensi ng and Permits. Attorney \-varra nts thaI Attorney shall have,
prior to commencement of work under this agr-eement and at all times durmg said
work, 811 requi red licenses and perm its whether' federal, state, Cou nty or Cit~',
.,5 cf 19
18.16 Non-Discrimination. Attorney s~JIf not discriminate, in its
ernpfoyment practices and in providing services her-eunder, on the basls of race,
cc!or! sex! rei igion, disabil ity! n,Jtiona I origi n, ancestry, sexua\ orientation, gender
identity or expression! familial status, or age! and sha II abide by all federal and
s:ate la'.....'s rega rding non-discri mi nation, Upon a determination by a cau rt of
com petcnt jurJsdiction that such discri mi nation has occurr-ed, this Ag r'eement
a utomatica 111' terminates wthout any fu rther- action by the County, effective the
date of the court order. Attor'ney is aV.Jare of the provisions of Section 13-101
through 13 -1 06, i"'onroe County Code, relating to non-discr~mination, and agrees to
abide by the Code's non -discrfmlnJtion requirements.
18.17 Claims for State or Federal Aid. The County and Attorney agree
that each shall be, and 1S, empowered to a pp!y for! seek, and obta in federa I and
state funds to further the purpose of this Agreement provided that all applications,
req ucsts, gra nt proposa Is, a nd fundi ng solicitattons by Attorney 5~la II be approved
by the County prior to submission.
18.18 Non-Reliance by Non~Parties. No person or entity sha II be entitled
to r-e!y upon the terms, 01' any of them, of this Agreement to enforce or attempt to
enrUice a ny third -pa rty cfa im or entitlement ~o or benefit of a ny service or program
contemplated hereu nder, and the County and Attorney agree that neither the
County nor Attorney or any officer, agent! or employee of eac~l shalr have the
a uthority to inform, counsel, or otherwise indicate that any pa rticu lar individual or
gr:,up af individua ISf entity or- entities, have entitlements or benefits under th is
Agreemen: sepa rate and apart, inferior to, or superior- to the comm un ity in generil I
or for the pu rposes contemplated under th is Agreement.
18.19 Attestatjons. Attorney agrees to execute such documents as the
County may reason,;] ble requ ire! including a Drug- Free VJorkplace Statement, and a
Pu bl ic Entity Crime St.;:.tement.
18.20 Sig natures of Parties Required. This Agreemenl sha II no~ be
effective unti~ executed by both County and Att,orney and received ~n fi0J I executed
form by an authorized representative of County,
18.21 County Authority. This Agreement has been considered at a duly
noticed and fegally held pubhe meeti:lg (and ucted in f\1onroe County, Florida,
18.22 No Personal Liability. No covenant or obligation contained in tnjs
Agreement shan be deemed to be a covenant or obligation of any member! officer,
agent or em plcyee of the Boa rd Of Cau nty (omm[ssioners of Monroe County in !lis
or her individ ual ca pacity and no member, officer, agent or employee of the Board
Of County Commiss~oners of Monroe County shan be nable persona Ily on thfS
16 '2,f ~9
Agreement or be subject to any personal !iabi lity or account{)bility by reason of the
execution of th is Ag reement.
18.23 Execution in Cou nterparts. This Agreement may be executed in
any nu m ber of [OU nterparts, each of wh ich shall be reg,) rded as an origina I, ali of
which ta ken together sha It constitute one and the same instru ment Cl nd the County
and Attorney may execute this Agreement by sig ning a ny such counterpa rt,
THIS AGREEM ENT has been signed and executed by the Boa rd of County
Commissioners of Monroe County, Florida, and has been signed and executed by
Attorney! on the dates ind icated below/and shall be effective as of the date fast
signed by a party to the Agreement.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTV/ FLORIDA
ATTEST:
BY:
DANNY L. KOLHAGE1 CLERK
Dixie M. Spehar, Mayor
By:
Date:
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Oep uty Clerk
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1 7 of . 9
EXHIBIT A
Identifkation of Matters included:
Collins, et al. v.<;". Monroe County V5. State of Florida; CA M 04.379
Contract tor Lega~ Services to Prepare Comprehensive Amendments to
Chapter 9,5, Man roe County Code (By Ass!gn ment)
Other matters expressly requested and authorized by the County Attorney
and expressly agreed to by the Attorney; incl uding but not limited to
matters related to ATCUZf proposed interim Development Ordinances,
pending BUD applications.
Refere nces:
2: Attorney: Attorney is co-counsel on this matter and is hereby authorized to
"Nork with the following other outside cau nsel:
Robert H, F~-eilichf Lead Counset! Pa ulf Hastings! Janofsky & Wafker LLP
Stephen J. Moore! Co-Counsel, Stephen J, t'-1oore, P.c.
Attorney will forward billing and expense statements for Stephen J. Moore, p, C.
w;th Attorney's monthly invokes for payment by the County in accordance with the
terms set forth herein. Robert H. Freilich has been retained by the Cou nty by
separate ag reemer.t and will bjll the County pursuant to the terms of said
agreement.
3,2: Limitations to Scope of Representation: no additional at this time,
3.4: County expectations and goals: no addftiona I at this time.
4: Attorney's Hourly Fee Rate:
Tyson Smith:
Mark Wh1te:
Associates ~
Clerks/Pa ra legals:
5195.00; 5245.00 for trial and deposition
S 195.00; 5245.00 for trial and deposition
S 1 75.00; 5225,00 for trial and deposition
$85.00
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4,4: Approved Additional Time Keepers:
Name:
Hourly Rate:
for Stephen J, Moore. P. C
Stephen J. Moore
Para legal
$225 ~ $275 for trial and deposition
$50,00
8,4: Cou nty Po i nt of Contact:
Robert B. Shillinger, Jr.
Assistant County Attorney
P,Q. Box 1026, Key West, FL 33041-1026
305) 292~3470
shilli nqer-bob@monroecounty~n, gOY
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Attomgy, Tyson Sm ith
fOI- White &. Smith, LLC
County Representative
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Date: L)~./ J..{
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Dat~ :
jconlega Iservice
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