02/21/2007 Agreement DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: February 26, 2007
TO: Suzanne A. Hutton
County Attorney
• ATTN: Kathy Peters
Executive Assistant
FROM: Pamela G. Hanc ck
Deputy Clerk
At the February 21, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
/Legal Services Agreement between Monroe County and Aronovitz Trial Lawyers and
Freed & Weiss, LLC to file suit against Hotels.corn and similar entities to recoup unpaid bed
taxes. Enclosed are two duplicate originals for your handling.
Standard Legal Services Agreement No. CAY LIT 2006-02-02 between Monroe County
and Paul, Hastings, Janofsky & Walker LLP to represent Monroe County in matter of Emmert v.
Monroe County, CA P 02-520 retroactive to 2/1/06 and approval of payment in the amount of
$51,069.10 for work performed to date. Enclosed are two duplicate originals for your handling
Ratification of Administrative Law Judge Services Contract with Division of
Administrative Hearings to provide a hearing officer to serve as the Code Enforcement Special
Magistrate. Enclosed is a copy for your handling
Should you have any questions please do not hesitate to contact this office.
.ti
cc: Finance
File
LEGAL SERVICES AGREEMENT BETWEEN MONROE COUNTY AND
ARONOVITZ TRIAL LA WYERS AND FREED & WEISS, LLC
This Agreement is entered into by and between Monroe County ("Client") and Aronovitz Trial
Lawyers and Freed" Weiss, #~rneYs") (hereinafter collectively referred to as "the
Parties") on this d/ ~y of 2007.
I. Authorized Representative of Client Client designates Bob Shillinger, Esq., Assistant County
Attorney for Monroe County, as the authorized representative to direct Attorneys and to be the
primary individual to communicate with Attorneys regarding the subject matter of Attorney's
representation of Client under this Agreement. This designation is intended to establish a clear line
of authority and to minimize potential uncertainty, but not to preclude communication between
Attorneys and other representatives of Client.
2. Legal Services to be Provided. Attorneys shall represent the Client in litigation (possibly
join existing litigation or lead class action litigation) against internet travel companies who do not
pay the proper amount of hotel/motel taxes under the applicable law. If Client wishes to retain
Attorneys to provide any legal services not provided under this Agreement, then the Parties must
execute a separate written agreement for those services.
3. Responsibilities of Parties. Attorneys will perform the legal services called for under this
Agreement, keep Client informed of progress and developments, and respond to Client's inquiries
and communications. Client will cooperate with Attorneys and kept Attorneys reasonably informed
of any developments. Client will also make all necessary persons under its control available for
consultation, depositions, hearing, and trial at no cost to Attorneys, Client will likewise make all
documents, records, or other evidence under its control available to Attorneys for this case at no cost
to Attorneys.
4. Suit as an Individual Case or a Class Action Case. Client may bring an action as an
individual action or as a class action on behalf of itself and all other similarly situated governmental
entities within the State of Florida (the "Class"). If this case proceeds as a class action, then Client
bears the responsibilities associated with being a class representative in a class action lawsuit. Those
responsibilities include, without limitation, that Client have a general understanding of the case,
vigorously prosecute the litigation, and generally protect the rights and interests of absent class
members.
5. Attorney's Fees. Attorneys will receive Attorney's fees for the legal services they provide
under this Agreement on a contingent fee basis. A class action case requires the court to analyze and
approve fees upon any successful recovery. The term "recovery" shall include, without limitation,
the then present value of any monetary payments awarded by the court or agreed to by the adverse
parties in this Action or their insurance carrieres). Absent either (a) a court order awarding Client
attorney's fees in addition to the Class recovery, or (b) a settlement agreement whereby defendants
agree to pay Attorney's fees, Client agrees to pay Attorney's fees of thirty-three percent (33%) of
Client's gross recovery or, in the event that any party initiates an appeal, thirty-eight percent (38%)
of the gross recovery. If either a court awards attorney's fees in addition to the Class award of
attorney's fees are part of a settlement negotiated by the Parties, then Client understands that
Attorneys' fees may be in excess of the percentages specified above. In no event, however, will
Client pay more than the percentages specified above out of its recovery.
1
Attorneys and Client agree that Monroe County will not be responsible for the payment of any
attorney fees unless there is a successful outcome in the case.
If payment or all or any part of the amount to be received will be deferred (such as in the case of an
annuity, a structured settlement, or periodic payments), the gross recovery, for purposes of
calculating Attorneys' fees, will be the initial hunp-sum payment plus the present value as of the
time of the settlement, the final arbitration or judgment, of the payments to be received thereafter.
Attorneys' fees will be paid out of the initial lump-sum payment. If the payment is insufficient to
pay the Attorneys' fees in full out of the initial lump sum, then the balance will be paid from
subsequent payments on the recovery before any distribution to Client.
Client understands that this fee agreement is not set by law but rather is negotiable between
Attorneys and Client, determined by a court order, or negotiated as part of a settlement by the
parties to the litigation.
6. Costs. Regardless of whether Client brings an individual or class action case, Attorneys will
advance all reasonable costs of the Action. Costs include, but are not limited to, expert fees and
expenses, investigation costs, deposition expenses, court costs, travel and lodging expenses, and
Class notification expenses. In the event of any recovery by Client, Client agrees to reimburse
Attorneys for all costs advanced by Attorneys. Absent a court order of settlement Agreement to the
contrary, Client agrees that costs will be deducted from the recovery after the contingent fee is
deducted. In the event there is not a successful outcome, Attorneys agree that no costs will be
charged to client.
7. Division of Attorneys' Fees. Attorneys may divide the Attorneys' fees received for the legal
services provided under this Agreement with additional attorneys) or law firm(s) retained as
associated counsel. Client must approve in writing of any associated counsel before associated
counsel performs any work on behalf of Client. Attorneys shall disclose to Client in writing the
terms of the attorneys' fee division and the responsibility for advancement of costs. Associated
counsel shall have the rights and responsibilities of Attorneys under this Agreement.
8. Representation of Adverse Interests. Client understands that the Rules of Professional
Conduct of The Florida Bar require Client's informed written consent before Attorneys may begin or
continue to represent Client when the Attorneys have or had a relationship with another party
adversely interested in the subject matter of the Attorneys' proposed representation of Client.
Attorneys are not aware of any relationship with any other party adversely interested in the subject
matter of Attorneys' services for Client under this Agreement. Attorneys shall have the right to
represent individuals, other municipalities, governmental agencies, or governmental subdivisions in
other similar litigation without the consent of Client, subject to the Rules of Professional Conduct
relating to conflicts of interest.
9. Settlement Authority. Attorneys will not settle Client's claim without the approval of Client,
who will have the absolute right to accept or reject any individual settlement offer. If this matter
proceeds as a class action, then part of Client's responsibilities as a class
2
representative is to participate in the analysis of any settlement offer. Ultimately, the court approves
any class settlement.
10. Attorneys'Lien. Attorneys will have a lien for Attorneys' fees and costs advanced on all
claims and causes of action that are the subject of their representation of Client under the Agreement
and on all proceeds of any recovery obtained (whether by settlement, arbitration award, or court
judgment).
II. Notices. All written notice and communications to Client relating to this Agreement shall be
mailed to or personally delivered to Bob Shillinger, Esq., Assistant County Attorney for Monroe
County, 502 Whitehead Street, 3rd Floor Rear, Key West, FL 33040, and written notices and
communications to Attorneys relating hereto shall be mailed to or personally delivered to Tod
Aronovitz, Aronovitz Trial Lawyers, 150 W. Flagler Street, Suite 2700, Miami, FL 33130.
12. Termination. In the event that this representation proceeds as a class action, Client cannot
terminate Attorneys. Attorneys shall have the right to seek Class Counsel status from the court, and
Client shall not interfere with that determination. If Client wishes to cease being a class
representative and/or opt-out of the class and retain other counsel, then Client shall notifY Attorneys
and provide Attorneys with a reasonable opportunity to locate another suitable class representative.
13. Entire Agreement This Agreement contains the entire agreement of the parties. No other
agreement, statement, or promise made on or before the effective date of this Agreement will be
binding on the parties.
14. Severability in Event of Partial In Validity. If any provision of this Agreement is held in
whole or in part to be unenforceable for any reason, then the remainder of that provision and of the
entire Agreement will be severable and remain in effect.
15. ModifICation by Subsequent Agreement This Agreement may be modified by subsequent
agreement of the Parties only by an instrument in writing signed by both of them or an oral
agreement to the extent that the Parties carry it out.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
3
16. Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the HOCC.
TIjI~~Q~EMENT will become effectiv~ when executed by attorneys and executed by the Board
of Co~~ers of Monroe County, Flonda.
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Board of County Commissioners
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~~ VINCENT FRANCONE
~ COMMISSION EXPIRES 12/06/07
MONROE COUNTY ATTORNEY
_ APPROVED AS TO ~9RM: )
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NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date /',:)..) 'r""?
4
STATEMENT OF CLIENT'S RIGHTS
Re: Monroe County v. Hotels. Com. et aI.
Before you, the prospective client, arrange a contingency fee agreement with a lawyer, you
should understand this Statement of your rights as a client. This Statement is not a part of the
actual contract between you and your lawyer, but as a prospective client, you should be aware of
these rights:
There is no legal requirement that a lawyer charge a client a set fee or a percentage of money
recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee
and to bargain about the rate of per as in any other contract. If you do not reach an agreement
with one lawyer you may talk with other lawyers.
Any contingency fee contract must be in writing and you have three (3) business days to
reconsider the contract. You may cancel the contract without any reason if you notify your lawyer
in writing within three (3) business days of signing the contract. If you withdraw from the
contract within the first three (3) business day, you do not owe the lawyer a fee although you may
be responsible for the lawyer's actual costs during that time. If your lawyer begins to represent
yon, your lawyer may not withdraw from the case without giving you notice, delivering necessary
papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain
court approval before withdrawing from a case. If you discharge your lawyer without good cause
after the three day period, you may have to pay a fee for work the lawyer has done,
Before hiring a lawyer, you, the client, have the right to know about the lawyer's education,
training and experience. If you ask, the lawyer should tell you specifically about his or her actual
experience dealing with cases similar to yours. If you ask, the lawyer should provide information
about special training or knowledge and give you this information in writing if you request it.
Before signing a contingency fee contract with you, a lawyer must advise you whether he or she
intends to handle your case alone or whether other lawyers will be helping with the case. If your
lawyer intends to refer the case to other lawyers he or she should tell you what kind of fee sharing
arrangement will be made with the other lawyers. If lawyers from diffi:rent law fmns will
represent you, at least one lawyer from each law firm must sign the contingency fee contract.
If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your
lawyers should tell you about that at the beginning. If your lawyer takes the case and later decides
to refer it to another lawyer or to associate with other lawyers, you should sign a new contract
which includes the new lawyers. Yon, the client, also have the right to consult with each lawyer
working on your case and each lawyer is legally responsible to represent your interests and is
legally responsible for the acts of the other lawyers involved in the case.
You, the client, have the right to know in advance how you will need to pay the expenses and the
legal fees atthe end of the case. If you pay a deposit in advance for costs, you may ask reasonable
questions about how the money will be or has been spent and how much of it remains unspent.
Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees
to lend or advance you money to prepare or research the case, you have the right to know
periodically how much money your lawyer has spent on your behalf. You also have the right to
decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If
you pay the expenses, you have the right to decide how much to spend. Your lawyer should also
inform you whether the fee will be based on the gross amount recovered on or on the amount
recovered minus the costs.
1
You, the client have the right to be told by your lawyer about possible adverse consequences if
you lose the case. Those adverse consequences might include money which you might have to
pay to your lawyer for costs, and liability you might have for attorney's fees to the other side.
You, the client, have the right to receive and approve a closing statement at the end of the case
before you pay any money. The statement must list all of the fmancial details of the entire case,
including the amount recovered, all expenses, and a precise statement of your lawyer's fee. Until
you approve the closing statement you need not pay any money to anyone, including your lawyer.
You also have the right to have every lawyer or law fIrm working on your case sign this closing
statement.
You, the client, have the right to ask your lawyer at reasonable intervals how the case is
progressing and to have these questions answered to the best of your lawyer's ability.
You, the client, have the right to make the fmal decision regarding settlement of a case. Your
lawyer must notifY you of all offers of settlement before and after the trial. Offers during the trial
must be immediately communicated and you should consult with your lawyer regarding whether
to accept a settlement.
If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee,
you, the client, have a right to report the matter to The Florida Bar, the agency that oversees the
practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar,
call 800342-8060, or contact the local bar association. Any disagreement between you and your
lawyer.ilbout a fee can be taken to court and you may wish to hire another lawyer to help you
re$Qi~1hlsqisagreement. Usually fee disputes must be handled in a separate lawsuit.
Board of County Commissioners
Of Monroe County
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By:
Cler~~
~. Hutton
onroe County Attorney
Depu Clerk
Date: FFR 2 1 Zge7
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Mario~!1~o_or
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