08/05/1992
RETAINER AGREEMENT
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WHEREAS, Monroe County desires counsel to represent it i1J2th~UF.C1~e of1 "flf;
DeCarion, Roberts, I and Krome Acres, Inc. v. Board of County Commissioners of
Monroe County; and
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WHEREAS, Apgar & Theriaque, 820 East Park Avenue, Building F, Suite 100,
Tallahassee, Florida 32301, represents that the firm is professionally qualified to
represent Monroe County in the above-described litigation; and
WHEREAS, Monroe County desires to employ Apgar & Theriaque to represent
it in such litigation;
NOW, THEREFORE,
WIT N E SSE T H:
Monroe County and Apgar & Theriaque, in exchange for the covenants and
promises herein contained, mutually agree as follows:
1 · Apgar & Theriaque shall diligently and zealously represent Monroe County
in the case of DeCarion. Roberts, and Krome Acres. Inc. v. Board of County
Commissioners of Monroe County.
2. Robert C. Apgar shall be lead counsel for the firm, with the assistance
of David A. Theriaque, and legal assistants as necessary to provide high quality
representation.
3. Monroe County shall compensate Robert C. Apgar and David A.
Theriaque at the rate of $150.00 per hour, and paralegals at $35.00 per hour.
Monroe County shall reimburse Apgar & Theriaque for reasonable documented out-of-
pocket costs and travel expenses. Apgar & Theriaque shall invoice Monroe County
through the County Attorney on a monthly hasis for services rendered and expenses.
The County Attorney shall certify the invoice for payment by the clerk. Payment shall
be made within forty-five (45) days of receipt of statements. Statements for
necessary court reporter services shall be forwarded directly to Monroe County for
payment to the provider.
4. Either party may terminate this Agreement, with or without cause, with
thirty (30) days written notice. In the event Monroe County decides to terminate the
Agreement, it shall promptly provide written notice to Apgar & Theriaque, which shall
cease all litigation-related work for Monroe County as soon as possible consistent with
the Rules of Professional Conduct governing The Florida Bar. In the event of
termination, Monroe County shall be liable to Apgar & Theriaque only for actual
services rendered and expenses incurred.
This Agreement shall take effect upon the date of the last party affixing a
signature hereto.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
(SEAL)
By
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By: ~~~
Attest: DANNY L. KOLHAGE, CLERK
Date: August 5, 1992
Date:
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