Miscellaneous
STEVEN M. SIEGFRIED
OSCAR R. RIVERA
LISA A. LERNER
HELlO DE LA TORRE
PETER H. EDWARDS
STUART H. SOBEL
MARIA VICTORIA ARIAS
LAW OFFICES
SIEGFRIED. RIVERA. LERNER, DE LA TORRE & SOBEL. P.A.
201 ALHAMBRA CIRCLE
SUITE 1102
CORAL GABLES. FLORIDA 33134
E-MAIL SIEGFRIEDLAW@ACCESSPRO.NET
DADE (305) 442-3334
BROWARD (954) 781-1134
FAX (305) 443-3292
IN FLORIDA 1-800-737-1390
OF COUNSEL
H. HUGH McCONNELL. P.A.
CORAL GABLES. FLORIDA 33134
FILE NO.
GRACIAN A. CELAYA
JAMES F. HARRINGTON
DAVID B. ISRAEL
SANDRA D. KENNEDY
ELISABETH D. KOZLOW
SAMUEL A. PERSAUD
MARK S. WEINSTEIN
March 9, 1998
James T. Hendrick, Esquire
County Attorney
310 Fleming Street, Room 28
Key West, Florida 33040
Re: Memorandum of Understanding Regarding Litigation Against D&J Industri~
Dear Mr. H,;:ndrick:
Thank you for the opportunity to represent Monroe County in potential claims relating to D&J
Industries, Inc. This letter shall confirm the scope of representation and the fee structure for our
representation. Our duties will include evaluating potential claims involving work performed by D&J
Industries on County property and filing Circuit Court lawsuits, if appropriate. I will be the attorney
primarily assigned to this matter. As a courtesy to the County, we have agreed to reduce our normal
hourly rates, and bill Monroe County monthly (through your office) at the rate of$150.00 per hour for
attorneys, and $48.00 per hour for the services of our paralegal assistants.
All bills shall be brought current upon receipt. In the event that this account is not brought
current during the billing cycle, this firm reserves the right to immediately withdraw from further
representation. In the highly unlikely event this firm is required to take legal action to collect any part
of an outstanding fee, the County will be responsible for all attorney's fees and costs incurred for such
collection.
In addition to the fees quoted above, the County will be responsible for paying all costs
incurred by this office on the County's behalf, including but not necessarily limited to a case opening
charge, the costs of service of process or subpoenas, certified mail costs, fax costs, copying charges,
overnight and courier charges, depositions, witness fees, expert witness and consultant fees, long
distance telephone calls, filing fees, travel, lodging, cab fare, tolls, mileage, etc. Costs incurred will
also be billed monthly and shall be paid pursuant to the terms and conditions stated above. Costs may
be required to be paid before they are paid, depending on the cost.
.---. (I
(
James T. Hendrick, Esquire
March 9, 1998
Page 2
Because this law firm's offices are in Dade County, we have also agreed that the amount of
attorneys fee:s charged for travel time to any destination in Monroe County shall not exceed one and
one half hour per one way trip.
In the course of our representation, we may determine that it is in the County's best interests
to employ Jay Hershoff (an attorney in Tavernier who has acted as co-counsel with us in another case
against D&J Industries) or H. Hugh McConnell, who is co-counsel to this firm. In such a case, these
attorneys will submit invoices for their time and expenses to this firm, which we will then forward to
you for payment. The billing rate for these attorneys will also be $150.00 per hour, unless we notify
you otherwise in advance.
This office will make every effort to keep the County's fees and costs at a minimum. However,
we must have your cooperation and assistance. In that regard, you should be aware that although we
are working at your request and attempt to be constantly available, you are billed for all phone calls
and office conferences regarding this matter.
Please be advised that this office will not make any settlement of the above-referenced matter
without your prior consent. Please also be aware that this office makes no guarantees whatsoever to
the County regarding the disposition or outcome of this matter. All comments made by office
attorneys rellative to the disposition of this matter are opinions of this office only.
Any modification of this agreement is not effective unless it in writing and signed by you and
any officer of this law firm. If the above correctly sets forth your agreement with this office, please
sign and execute this Agreement. You will be furnished with a copy of the executed Agreement if you
request. A facsimile copy of this Agreement and any signatures hereon shall be considered for all
purposes as originals.
Very truly yours,
SIEGFRIED, RIVERA, LERNER,
DE LA TORRE & SOBEL, P.A.
a~
READ, APPROVED AND ACCEPTED,
this 9' .c....day of March, 1998.
COUNTY OF MONROE
By: dEND:;-l
ounty Attorney