Item P6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/19/12 Division: County Attorney
Bulk Item: Yes xx No Staff Contact Person/Phone #: Bob Shillinger/x3470
AGENDA ITEM WORDING: Approval of second amendment to contract with Hogan Lovells, LLP
to add additional time keepers, effective January 1, 2012.
ITEM BACKGROUND: The County has retained the law firm of Hogan Lovells, LLP to represent it
in litigation involving the Federal Emergency Management Agency (FEMA) and the U.S. Fish &
Wildlife Service (FWS) related to the Florida Key Deer a Fugate case. Due to recent developments in
the case, additional time keepers need to be added to the agreement. Those additional time keepers are
Neal Katyal ($675/hr), Christopher Hardman ($675/hr), and Sue Castle ($240/hr). Mr. Katyal is the
former Solicitor General for the Obama Administration and focuses his practice on appellate and
complex litigation. Mr. Handman concentrates his practice on appellate practice before the US
Supreme Court and other federal appellate courts. Ms. Castle will assist with research at a lower rate
than any of the other time keepers.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved contract in May 2011 and first
amendment in July 2011.
CONTRACT/AGREEMENT CHANGES: Add 3 additional time keepers.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $675/hr & $2401hrINDIRECT COST: no BUDGETED: yes
COST TO COUNTY: to be determined SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: no. AMOUNT PER MONTH Year
APPROVED BY: County Atty g OMB/Purchasing Risk Management
DOCUMENTATION: Included -_ Not Required
DISPOSITION:
Revised 1109
AGENDA ITEM #
SECOND AMENDMENT TO AGREEMENT
BETWEEN MONROE C OUNTYAND
HOGAN LOVELLS US, LLP
THIS AMENDMENT TO AGREEMENT is made and entered into this 19th day of
January, 2012, between the Board of County Commissioners of Monroe County ("County") and
HOOAN LOVELLS US, LLP ("Attorney").
WHEREAS, the parties entered into an agreement for legal representation on May 18,
2011; and
WHEREAS, the Agreement was amended on July 20, 2011, to allow for retroactive
services and to add time -keepers; and
WHEREAS, it has been determined that Attorney partners Neal Katyal and Christopher
Handman have special experience and expertise which are beneficial to the representation under the
Agreement; and
WHREAS, it has been determined that Sue Castle is a paralegal who is able to research
certain matters at a less expensive rate than the time keepers currently listed, and
WHEREAS, it is desired to add Mr. Katyal, Mr. Handman, and Ms. Castle as approved
time -keepers to the Agreement; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree to as
follows:
1. Paragraph 6.3 of the Agreement dated May 18, 2011, as amended on July 20, 2011, shall be
amended by adding as a time -keeper, at the stated hourly rate:
Neal Katyal $675
Christopher Handman $675
Sue Castle $240
2. That this amendment shall be deemed to be effective as of January 1, 2012.
3. The remaining provisions of the agreement dated May 18, 2011, as amended on July 20, 2011,
not inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
(SEAL)
ATTEST: DANNY L. KOLHAOE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Date:
Mayor/Chairman
Witness to Attorney:
Signature
Attorney:
Patrick M. Raher, for the firm
Printed Name Date Date
Hogan Lovells US, LLP
555 13 f Street, NW
Washington, DC 20004
ONRUE GUUN IN ATTORIYEY
APPROVE •
f
RGBERT B. SHILLINGER, JR.
CHIEF AStST T U TY ATTORNEY
Date:. r
Neal Katyal -Our People -Hogan Lovells Page 1 of 5
Kogan
Lovells �
N EAL KATYAL
Partner, Washington, D.C.
neal.katyal@hoganlovells.com
PRACTICES
Neal Kat al focuses on appellate and complex litigation. He Litigation, Arbitration and
y p p g Employment
has extensive experience in matters of patent, securities,
criminal, tort, and constitutional law. Appellate
Intellectual Property
V-CARD Prior to joining Hogan Lovells, Neal served as Acting Health
Solicitor General of the United States, where he argued
Securities Litigation and
several major Supreme Court cases involving a variety of Enforcement
PHCt,`E issues, such as his successful defense of the
+1 202 637 5528 constitutionality of the Voting Rights Act of 1965, his EDUCATION
victorious defense of former Attorney General John
FAX Ashcroft for alleged abuses in the war on terror, his J.D., Yale Law School, 1995
+1 202 637 5910 unanimous victory against 8 states who sued the nation's A.B., with highest honors,
leading power plants for contributing to global warming, Dartmouth College,1991
and a variety of other matters. As Acting Solicitor General,
Neal was responsible for representing the federal BAR ADMISSIONS 1
government of the United States in all appellate matters QUALIFICATIONS
before the U.S. Supreme Court and the Courts of Appeals District of Columbia
throughout the nation. He served as Counsel of Record
hundreds of times, and orally argued 15 U.S. Supreme
Court cases, as well as numerous others in lower courts.
He was also the only head of the Solicitor General's office
to argue a case in the U.S. Court of Appeals for the
Federal Circuit, on the important question of whether
certain aspects of the human genome were patentable.
Neal has also served as a law professor for nearly 15 years
at Georgetown University Law Center, where he was one
of the youngest professors to have received tenure and a
chaired professorship in the university's history. He was
also Director of the Georgetown Center on National
Security and the Law until his appointment to Principal
Deputy Solicitor General at the Justice Department.
Additionally, he served as a visiting professor at both
Harvard and Yale Law Schools.
After graduating from Yale Law School, Neal clerked for
The Honorable Guido Calabresi of the U.S. Court of
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Neal Katyal - Our People -Hogan Lovells
Page 2 of 5
Appeals for the Second Circuit as well as for The
Honorable Justice Stephen G. Breyer of the U.S. Supreme
Court. He also served in the Deputy Attorney General's
Office at the Justice Department in two different positions
during 1998.1999. Neal has published dozens of scholarly
articles in law journals, as well as many op-ed articles in
such publications as the New York Times and the
Washington Post, and has testified numerous times before
various committees of both the U.S. House of
Representatives and the U.S. Senate.
Neal is the recipient of the very highest award given to a
civilian by the U.S. Department of Justice, the Edmund
Randolph Award, which the Attorney General presented to
him in 2011. Additionally, he was named as One of the 40
Most Influential Lawyers of the Last Decade Nationwide by
National Law Journal (2010); One of the 90 Greatest
Washington Lawyers Over the Last 30 Years by Legal
Times (2008); Lawyer of the Year by Lawyers USA (2006);
Runner -Up for Lawyer of the Year by National Law Journal
(2006); One of the Top 50 Litigators Nationwide 45 Years
Old or Younger by American Lawyer(2007); and one of the
top 500 lawyers in the country by LawDragon Magazine for
each of the last five years. He also won the National Law
Journal's pro bono award in 2004.
After graduating from Yale Larry School, he worked as a
summer associate with Hogan Lovells' legacy law firm,
Hogan & Hartson.
REPRESENTATIVE EXPERIENCE
Preemption/Mass Torts
Counsel of Record and oral advocate in Chamber of
Commerce v. whiling (2011) (United States Supreme
Court) (challenge to Arizona immigration statutes)*
Counsel of Record and oral advocate in American Electric
Power v. Connecticut (2011) (United States Supreme
Court) (global warming and common law tort of
nuisance/federal preemption)*
Counsel of Record for United States in Mazda v
Williamson (2011) (United States Supreme Court) (federal
preemption of state safety belt standards)*
Data Pdvac IC bedaw
Counsel of Record and oral advocate in NASA v. Nelson
(2011) (United States Supreme Court) (privacy rights of
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Neal Katyal -Our People -Hogan Lovells
Page 3 of 5
employees)*
Counsel of Record and oral advocate in Quon v. City of
Ontario (2010) (United States Supreme Court) (privacy
rights over explicit text messages)*
Intellectual Property
Counsel of Record for United States in Microsoft Corp v. i4i
Limited (2011) (United States Supreme Court) (whether
patent challengers must establish invalidity by clear and
convincing evidence)*
Counsel of Record for United States in Board of Trustees of
Stanford University v_ Roche Molecular Systems (2011)
(United States Supreme Court) (interpretation of who owns
inventions under the Bayh-Dole Act)*
Counsel of Record at certiorari stage for United States in
Mayo Collaborative Services v. Prometheus (2011) (United
States Supreme Court) (patentability of natural
phenomena, medical tests)*
Counsel of Record at certiorari stage for United States in
Kappos v. Hyatt (2011) (United States Supreme Court)
(deference to PTO decisions on patentability in district
courts)*
Counsel of Record and oral advocate for United States in
Association for Molecular Genetics v. Myriad Genetics, Fed
Cir (2011) (whether individual genes in the human genome
can be patented)*
Government Contracts
Counsel of Record and oral advocate in General Dynamics
v. United States (2011) (United States Supreme Court)
(over $6 billion at stake, contractual dispute over Al
fighter)*
Counsel of Record for United States in Astra USA v. Santa
Clara County (2011) (United States Supreme Court)
(pharmaceutical pricing agreements and breach of contract
actions)*
Labor/Em : lox ment
Counsel of Record and oral advocate in Lewis v. City of
Chicago (2010) (United States Supreme Court) (statute of
limitations for 20,000 person class action of firefighters)*
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Neal Katyal - Our People - Hogan Lovers
Page 4 of 5
Counsel of Record and oral advocate in New Process Steel
v. NLRB (2010) (United States Supreme Court) (quorum
rules for NLRB)*
Counsel of Record for United States in Thompson v North
American Stainless (2011) (United States Supreme Court)
(whether Title VI creates a cause of action for retaliation
against third parties)*
Counsel of Record for United States in Kasten v. St-Gobain
Performance Plastics Corp (2011) (United States Supreme
Court) (Fair Labor Standards Act -- scope of anti -retaliation
provision)*
Counsel of Record and oral advocate in Engquist v. Oregon
(2008) (United States Supreme Court) (intersection of
employment law and equal protection law)*
Securities Regulation
Counsel of Record for United States in Erica P. John Fund
v. Halliburton (2011) (United States Supreme Court) (class
actions -- loss causation and class certification)*
Counsel of Record for United States in Janus Capita! Group
v. First Derivative Traders (2011) (United States Supreme
Court) (securities fraud - who makes an untrue statement)*
Counsel of Record for United States in Mattrixx Initiatives v.
Siracusano (2011) (United States Supreme Court)
(materiality in securities fraud)*
Some Others
Counsel of Record and oral advocate in Ashcroft v. Al Kidd
(2011) (United States Supreme Court) (liability for Attorney
General Ashcroft in allegedly authorizing abuses of civil
liberties in the war on terror)*
Counsel of Record and oral advocate in No►lhwestAustin v.
Molder (United States Supreme Court) (constitutionality of
the Voting Rights Act of 1965)*
Counsel of Record and oral advocate in Namdan v.
Rumsfeld (2006) (United States Supreme Court)
(constitutional and international law challenge to the military
tribunals at Guantanamo)*
Counsel of Record and oral advocate in Thomas More Law
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Neal Katyal -Our People -Hogan Lovells
Page 5 of 5
Center v. Cbama (6th Cir. 2011) (constitutional challenge
to the new healthcare law. the Affordable Care Act)*
Counsel and oral advocate in Al Malagi v. Gates (DC Cir.
2010) (habeas corpus rights for individuals detained in
Afg ha n i sta n )*
'Tatter handled prior to joining Hogan Lovells.
PUBLISHED WORDS
07 SEPTEMBER 2011
"Courtside: Katyal's path to Hogan Lovells." Supreme Court
Insider, The National Law Journal
4 HOGAN LOVELLS ALL RIGHTS RESERVED. "HOGAN LOVELLS" OR THE FIRM" REFERS To THE INTERNATIONAL LEGAL PRACTICE THAT
COMPRISES HOGAN LOVELLS INTERNATIONAL LLP, HOGAN LOVELLS US LLP AND THEIR AFFILIATED BUSINESSES. EACH OF WHICH IS A
SEPARATE LEGAL ENTITY. ATTORNEY ADVERTISING PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME,
http://www.hoganlovells.com/neal-katyaU 1/4/2012
Christopher T. Handman - Our People - Hogan Lovells
Page 1 of 3
V-CARD
IED
PHONE
+1 202 637 5719
FAX
1 202 637 5910
CHRISTOPHER T. HANDMAN
Partner, Washington, D.C.
chris.handman@hoganlovells.com
Chris Handman's practice focuses principally on appellate
and Supreme Court litigation. It is a truly national practice;
he has argued in more than half of all the federal circuit
courts of appeals and in a sizeable number of state
Supreme Court and intermediate appellate courts as well.
Chris has also briefed many matters before the U.S.
Supreme Court at both the petition and merits stages.
Throughout these appeals, Chris has represented a wide
variety of clients in a number of diverse industries. And the
issues he has addressed have been just as wide ranging,
including major questions involving the Foreign Sovereign
Immunities Act, the First Amendment, the Commerce
Clause, federal preemption, due process, separation of
powers, and the Americans with Disabilities Act. He has
also litigated a substantial number of appeals involving
patent law, administrative process and procedure, and
insurance -coverage questions.
In adding the firm to its 2010 edition of the Appellate Hot
List, the National Law Journal highlighted Chris as the lead
lawyer who briefed and argued a significant Federal Circuit
appeal, which resulted in a substantial multi ..million -dollar
judgment against the United States government.
Before joining Hogan & Hartson, Chris served as a law
clerk to The Honorable Patricia M. Wald of the U.S. Court
of Appeals for the D.C. Circuit, and before that, as a law
clerk to The Honorable Colleen Kollar-Kotelly of the U.S.
District Court for the District of Columbia.
REPRESENTATIVE EXPERIENCE
Successfully briefed and argued an appeal in the Tenth
Circuit on behalf of two foreign governments claiming
immunity under the Foreign Sovereign Immunities Act
(FSIA). In a precedent -setting decision, the Court found
that a dispute arising out of a joint -venture agreement in
China did not satisfy the commercial -activity exception to
PRACTICES
Litigation, Arbitration and
Employment
Appellate
AREAS OF FOCUS
Supreme Court Litigation
Appellate Litigation
Constitutional Law
Foreign Sovereign Immunity
Insurance Appeals
Patent Appeals
EDUCATION
J.D. , Yale Law School, 1997
B.A., summa cum laude.
University Honors, American
University, 1993
AWARDS 1 RANKINGS
Legal 500 US, Insurance:
Advice to Insurers, 2011
National Law Journal 2010
Appellate Hot List
Legal 500 US, Patents.
Appeals, 2007
BAR ADMISSIONS 1
QUALIFICATIONS
District of Columbia
Maryland
COURT ADMISSIONS
U.S. Supreme Court
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Christopher T. Handman - Our People - Hogan Lovells Page 2 of 3
the FSIA and that therefore the foreign governments
U.S. Court of Appeals, ❑istnct
retained their immunity from suit.
of Columbia Circuit
U.S. Court of Appeals, Federal
Argued and won an appeal in the D.C. Circuit on behalf of
Circuit
a major energy company seeking regulatory approval for a
U.S. Court of Appeals, Second
multi -billion -dollar liquefied natural gas project.
Circuit
Briefed, argued, and won a significant appeal in the
U.S. Court of Appeals, ThirdCircuit
Federal Circuit arising from one of the last remaining
Winstar cases. The court upheld a substantial multi -million-
Court of Appeals, Fourth
dollar judgment obtained on summary judgment.
Circuit
Circuit
C
U.S. Court of Appeals, Fifth
Successfully briefed and argued a major appeal in the
Circuit
Tenth Circuit on behalf of a prominent federally chartered
U.S. Court of Appeals, Sixth
corporation regarding important questions under the
Circuit
Americans with Disabilities Act and the Rehabilitation Act.
U.S. Court of Appeals, Ninth
Circuit
Successfully briefed and argued a significant transportation
U.S. Court of Appeals, Tenth
case on behalf of a national railroad in the D.C. Circuit.
Circuit
U.S. Court of Appeals,
Briefed and argued a complex First Amendment challenge
Eleventh Circuit
in the D.C. Circuit involving a multimillion -page
U.S. District Court, District of
administrative record.
Colorado
U.S, District Court, Distract ofColumbia
Successfully briefed and argued in the Ninth Circuit a
question of insurance coverage under California law.
Briefed, argued, and won a significant appeal in the New
Jersey Supreme Court regarding the correct interpretation
of a frequently litigated insurance clause.
On behalf of a major national university, briefed and argued
a question of statutory construction under federal law in the
D.C. Court of Appeals (decision pending)
Successfully briefed and argued an appeal in the New
Jersey Court of Appeals that relieved the client of a $25
million liability.
On behalf of a national trade association, successfully
briefed and argued an appeal involving a substantial award
of attorneys' fees in the D.C. Court of Appeals.
Successfully petitioned for certiorari and drafted the merits
briefs in a major Supreme Court case involving the
Americans with Disabilities Act, winning 9-0.
Represented a foreign government in the Supreme Court in
a case involving important constitutional and statutory
questions regarding the applicability of U.S. law to foreign-
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Christopher T. Handman - Our People - Hogan Lovells
Page 3 of 3
flagged cruise ships.
On behalf of a foreign government, filed an amicus brief in
support of a major cruise line in the U.S. Court of Appeals
for the Eleventh Circuit. Based on that amicus brief, the
plaintiffs expressly abandoned claims addressed in the
amicus brief.
HOGAN LGVELLS PUBLICATIONS
OCTOBER 2011
"Class Actions Bulletin -- October 2011." Class Actions
Bulletin, Hogan Lovells
22 JUNE 2011
"Supreme Court Decision in Wal-Mart Stores v. Dukes."
Class Actions Alert, Hogan Lovells
29 APRIL 2011
"Supreme Court rules that arbitration agreements can
foreclose classwide arbitration procedures." Class Action
Alert, Hogan Lovells
22 SEPTEMBER 2010
"Hogan Lovells Litigation Alert: The Second Circuit rejects
corporate liability under the Alien Tort Statute." Litigation
Alert, Hogan Lovells
0 HOGAN LGVELLS. ALL RIGHTS RESERVED. "HOGAN LOVELLS" OR THE "FIRM" REFERS TO THE INTERNATIONAL LEGAL PRACTICE THAT
COMPRISES HOGAN LGVELLS INTERNATIONAL LLP, HOGAN LOVELLS US LLP AND THEIR AFFILIATED BUSINESSES, EACH OF WHICH IS A
SEPARATE LEGAL ENTITY. ATTORNEY ADVERTISING PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME,
http://www.hoganlovells.com/chris-handman/ 1/4/2012
ADDITIONAL BACK-UP
FIRST AMENDMENT TO THE AGREEMENT
BETWEEN HOGAN LGVELLS US, LLP
On this de!�da
y y of July 2011, the Board of bounty Conumss'ioners of
Monroe County, Florida, as the legislative and governing body of Monroe County,
Florida, and in accordance with the powers enumerated in Section 125.01, Florida
Statutes ("'County") and HOGAN LOYELLS US, LLP ("Attorney'"), hereby entered into
this First Amendment to their agreement dated May 18, 2011.
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties amend the May 18, 2011 agreement as follows:
1. Paragraph 3. Shall be amended to read as follows:
"3. TERM OF AGREEMENT
This Agreement and representation by ATTORNEY is effective upon execution
by both parties and is retroactive to March 16, 2011. The representation shall
continue until terminated by either the COUNTY, or by the ATTORNEY in
accordance with ethical requirements and/or the terms of this Agreement."
2. Paragraph 6.3 shall be amended to read as follows, all timekeepers shall be
considered to have been approved as timekeepers retroactive to March 16, 2011:
"'6.3. Hourly Rates and Changes to hourly rates
Hourly rates for ATTORNEY and additional Timekeepers will be set at:
Approved Time Keepers:
Name:
Hour/ Rate:
Patrick Raher
$675
Douglas wheeler
$675
Adam Seigel
$315
Erica Richey
$290
ATTORNEY will charge no more than the hourly rate quoted above throughout
the duration of the matter, unless otherwise agreed in writing and approved by
COUNTY in the same manner as Agreement."
3. All other paragraphs not amended herein or in prior amendments shall remain in
full force and effect.
1Ip
4. This FIRST AMENDMENT to the Agreement dated May 18, 2011, shall become
effective when executed by both the ATTORNEY and by the Board of County
Commissioners of Monroe County, Florida.
IN WITNESS 'VV'HEREOF, the parties hereto have executed this Agreement on
the and date first written above, which shall be deemed an original contract.
e, Clerk
L Ot
Witness to ATTORNEY:
Si aE/-
f
Pant Name. v�
Address: Allcj
DATE: June 2 2011
Cr
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C3
-
L.L.
"
Board of County Commissioners
of Monroe . t . orida
By:
Heathe rs, Mayor
Date: -- 'L -- l I
For AN LOVELLS US, LLP:
Signature
Print Name: Patrick M. Raher
DATE: June 28, 2011
MONROE COUNTY ATTORN Y
PROVED AS T��}
ATILEENE W. CA3SEl
A9818T111YT OUNTY ATT RNEY
ate
2 1 P a «L
AGREEMENT BETWEEN MGNROE COUNTY AND
HOGAN LOVELLS US, LLP
THIS AGREEMENT, made and entered into this day of May, 2011, by and between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ("COUNTY"), a
political subdivision of the State of Florida whose address is 1100 Simonton Street, Ivey West, Florida
33040, and, HOGAN LOVELLS US, LLP ("ATTORNEY"} regarding the retention of ATTORNEY by
COUNTY to provide legal advice and services.
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the
parties agree as follows:
1. THE CLIENT
The Client is the COUNTY, and to the extent ethically permissible, it's elected and appointed officers and
its employees, unless COUNTY advises ATTORNEY otherwise.
2. THE ATTORNEY
ATTORNEY is the individual or professional association named above and whose legally authorized signature
appears at the bottom of this Agreement. ATTORNEY is licensed to practice Iaw in all jurisdictions
relevant to this matter. ATTORNEY has been retained specifically because ATTORNEY is
understood by COUNTY to be able to handle this matter. If ATTORNEY practices with others who
may also provide services to COUNTY, he or she understands that COUNTY expects that ATTORNEY
will be responsible for managing the representation, assuring compliance of others with the terms of this
Agreement and ethical requirements, preparing and substantiating all bills, and communicating with
COUNTY. ATTORNEY may not delegate or outsource this work without full written disclosure to, and
prior written approval from, the COUNTY.
3. TERM OF AGREEMENT
This Agreement and representation by ATTORNEY is effective upon execution by ATTORNEY and
acceptance and approval by COUNTY in accordance with COUNTY' S policies, ordinances, or
governing statutes. The representation shall continue until terminated by either the COUNTY, or by the
ATTORNEY in accordance with ethical requirements and/or the terms of this Agreement.
4. SCOPE OF THE WORK
ATTORNEY shall provide Iegal services and advice to COUNTY regarding the County's obligations
under the Endangered Species Act and the 2010 Biological Opinion adopted by the US Fish & wildlife
Service and the Federal Emergency Management Agency in connection with the matter of Florida Key
Deer v. W Craig Fugate, et al., 90- 10037-CV-Moore, and matters related to that litigation. In addition,
the ATTORNEY shall represent the COUNTY in any new matter arising from or related to that
litigation including but not limited to any appeals or collateral matters that ATTORNEY in consultation
with the County Attorney deem appropriate to file.
In addition, ATTORNEY will be assigned new matters by the COUNTY ATTORNEY from time to
time during the term of the agreement, those matters shall be included under this Agreement when
assigned by the COUNTY Attorney in writing and accepted in writing by ATTORNEY and the Clerk
of Court is notified in writing of the addition of the matter. The new matter shall be given a new name
and the matter shall be billed under that name.
4.1 Professional ability to perform work appointment of contract manager
ATTORNEY warrants that he or she is authorized by law to engage in the performance of the activities
herein described, subject to the terms and conditions set forth in these contract documents.
ATTORNEY shall designate an individual attorney to be the contract manager for each matter and the
contract manager shall at all times exercise independent, professional judgment and shall assume
professional responsibility for the services to be provided. ATTORNEY warrants that he or she and the
authorized time keepers are authorized by law and the Rules and Regulations of The Florida Bar to
engage in the performance of the activities encompassed by this Agreement. If ATTORNEY is a
member of a law firm, either as partner, shareholder, associate, or other relationship, ATTORNEY
warrants that he or she is authorized to enter into this Agreement by the law firm.
4.2 Mana ement of time keepers
ATTORNEY is responsible for managing the matter cost-effectively and competently, e.g., by insuring
that additional time -keepers are competent, properly supervised, efficient, and in compliance with the
terms of this Agreement as well as with ethical obligations.
5. REVIEW OF ETHICAL OBLIGATIONS AND POTENTIAL CONFLICTS OF INTEREST
BEFORE INITIATING REPRESENTATION
ATTORNEY has conducted a thorough investigation and determined that neither ATTORNEY nor his or her
fum has any ethical impediment, real or potential, including but not limited to conflicts of interest, to
representing COUNTY. To the extent that any ethical impediment, real or potential, is discovered or ever
arises, ATTORNEY shall immediately inform COUNTY in writing of the impediment (regardless of
whether ATTORNEY believes he or she has taken all steps necessary to avoid the impediment and
regardless of whether ATTORNEY believes that the impediment is insubstantial or questionable), make full
disclosure of the situation to COUNTY, obtain COUNTY'S express, written consent to continue the
representation of the other clients and take all steps requested by COUNTY to avoid or mitigate the
impediment ATTORNEY understands that, if a direct or indirect conflict of interest arises which, in the
opinion of the COUNTY, cannot be avoided or mitigated under the Rules of Professional Conduct of The
Florida Bar, COUNTY may, in its discretion, (a) obtain reimbursement from ATTORNEY for all fees and
expenses paid to ATTORNEY in this matter; (b) obtain cancellation of all amounts allegedly owed by
COUNTY to ATTORNEY; and (c) obtain reimbursement for consequential expenses incurred by
COUNTY, including the cost of replacement counsel.
Notwithstanding the foregoing, COUNTY acknowledges that other attorneys in ATTORNEY's
law firm may in the future represent other clients in matters, including litigation, that are directly adverse
to COUNTY and/or one or more agencies of COUNTY government. COUNTY consents to such
representations as long as those matters are neither the same as nor substantially related to matters that
ATTORNEY has handled or is then handling for COUNTY.
6. PAYMENTS TO ATTORNEY
ATTORNEY shall submit to COUNTY invoices with supporting documentation acceptable to the
Clerk on a schedule as set forth in the contract. Acceptability to the Clerk is based on generally
accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal
of funds.
6.1 ATTORNEY Fee(Hourly)
ATTORNEY will be paid for his or her services based on the number of hours expended on behalf of
COUNTY (rounded to the nearest tenth hour for each time entry), not to include time billable to or
compensated by other clients, multiplied by the ATTORNEY'S hourly rate. The following minimum
billing documentation and time -keeper requirements are a condition precedent to payment by the
COUNTY.
6.2. Non -billable time
ATTORNEY will bill COUNTY only for time reasonably and necessarily incurred to render
professional services on COUNTY' S behalf in accordance with this Agreement. Time attributable to
billing questions is not billable. Time expended by time -keepers who have not been approved by
COUNTY is also not billable.
6.3. Hourlv Rates and Changes to hourly rates
Hourly rates for ATTORNEY and additional Timekeepers will be set at:
Approved Time Keepers:
Name: Hourly Rate:
Patrick Raher $675
Douglas wheeler $675
Adam Seigel $315
ATTORNEY will charge no more than the hourly rate quoted above throughout the
duration of the matter, unless otherwise agreed in writing and approved by COUNTY in the same
manner as Agreement.
6.4. Discounts to other Clients
The rates ATTORNEY will charge COUNTY represent the lowest rates charged by the same time-
keepers to other clients. In the event that lower rates or discounts are provided to other clients,
ATTORNEY and approved time -keepers will also provide them on the same basis to COUNTY.
6.5..Time keepers
As used in this Agreement, the term "time keeper" shall include ATTORNEY and other ATTORNEYS
and individuals identified in paragraph 6.3 of this Agreement who will be providing services under this
Agreement and who will bill the COUNTY for their services in accordance with this Agreement.
6.51. Duplication of effort
Unless advance COUNTY approval is obtained, ATTORNEY will not have more than one time -keeper
bill for court appearances, attendance at depositions and meetings, including meetings with COUNTY
representatives, and internal conferences. In the event that more than one person attends, only the time
of the person with the lowest rate will be billable. ATTORNEY is not permitted to use this matter to
provide on the job training for a time -keeper, and bill for that time -keeper's services, without
COUNTY' S advance approval.
6.5.2. Time -keeper changes
Time -keepers approved by the COUNTY are listed in paragraph 6.3 of this Agreement, and may be
amended from time to time, upon mutual agreement of the COUNTY and the ATTORNEY, to evidence the
then -current circumstances. Additional time -keepers may not be added to the matter without advance written
approval from COUNTY. In the event that additional time -keepers providing services which are to be billed to
COUNTY are to be added to the staff, then their hourly rates shall be provided to COUNTY in advance, and,
upon written approval by the COUNTY, their rates and billing practices shall comply with the requirements
of this Agreement. COUNTY expects to receive discounts or other concessions so that any increases or
changes in time -keepers will not result in unnecessary or unreasonable charges to COUNTY, e.g., for
training, internal conferences, and management.
6.6. Existin _work, product
To the extent the ATTORNEY makes use of existing work product, e.g., in the form of research
previously performed for another client, then ATTORNEY shall bill only that time expended in using
that work product for COUNTY. In other words, no premium, markup, or other adjustment shall be
made to COUNTY bill for time spent on work already performed.
7. BILLING OF FEES AND EXPENSES
ATTORNEY shall comply with the following requirements as to billing fees and expenses as a
condition precedent to COUNTY'S obligation to pay each bill:
7.1. Monthly bills
Unless otherwise agreed in a writing signed by the COUNTY, bills shall be issued monthly by
ATTORNEY within fifteen (1 S) days after the close of each month. ATTORNEY understands that
COUNTY requires prompt bills in part to facilitate effective management of the representation and
fees.
7.2. Bill format
ATTORNEY shall provide detailed, itemized bills which shall, at a minimum:
7.2.1 Description
Provide a general description of the matter, to include the name of the COUNTY department or
constitutional officer, if not indicated in the title of the matter, for which legal services are being
performed (e.g. Richard Roe v. Monroe County —EEO Claim); a description of the work performed in
enough detail so that each item is distinguishable from other listed items and sufficient to allow
COUNTY to determine the necessity for and reasonableness of the time expended, the services
performed, the project or task each service relates to, the subject and purpose of each service, and the
names of others who were present or communicated with in the course of performing the service. For
example, simply the word "research" is not acceptable, more detail about the type of research and what
was determined by the research is necessary.
7.2.2 Personnel
Clearly identify each timekeeper performing services in conjunction with each entry. Clearly identify
all persons who are not full-time lawyers employed by the ATTORNEY' S firm (including paralegals,
employees of ATTORNEY with their titles, subcontractors, independent contractors, temporary
employees, and outsourcing providers). Personnel who are not listed as additional timekeepers will not
be paid unless approved in writing under the requirements of this Agreement.
7.2.3 Time Records
Record the time expended by each time -keeper separately. In those situations where the minimum
billing increment exceeds the actual time spent on a task and several of these "minor" tasks are
performed, it is expected that the services will be aggregated until the total actual time spent meets the
minimum billing increment.
7.2.4 Totals.and By Task
State the amount of time expended by each time -keeper broken down for each task
7.2. S Summary of Rates
In a summary at the beginning or end of the bill, provide the current hourly rate for each time -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 charged, and are reconciliation between the amount charged and any
applicable estimated or budgeted amount, by task. In addition, each monthly statement should show the
aggregate billing for that matter from the commencement of the matter through the currently -billed
month.
7.3. Expenses
COUNTY will pay the actual, reasonable cost of the following expense items if incurred in accordance
with the guidelines below ( a copy of the form used by the County is provided for your convenience as
Exhibit"A") and promptly itemized in ATTORNEY'S monthly bill:
7.3.1 Reimbursable expenses
Actual cost for necessary long distance telephone calls, telecopying at $.25 per outgoing page,
overnight or expedited delivery, couriers, photocopying at $.15 per page, postage, court fees, and other
expenses approved in advance by COUNTY or as listed below:
7.3.1.1. Expedited or emency servic
es
ces
ATTORNEY is expected to avoid using expedited or emergency services, such as express delivery
services, couriers, telecopying, overtime, and so on, unless necessary because of unexpected
developments or extremely short deadlines. COUNTY may refuse to pay for any such expenses when
incurred routinely or because of ATTORNEY' S failure to manage the matter efficiently.
7.3.1.2. Computerized research
ATTORNEY is expected to use computerized research services cost-effectively to reduce time spent on
research, for example, while closely -monitoring computerized research to insure that the charges are
reasonable and necessary. ATTORNEY is expected to pass through to COUNTY any discounts or other
arrangements that reduce the cost of computerized services.
7.3.1.3. Photocopying
ATTORNEY is encouraged to use outside copying services to reduce the cost of large -volume copying,
provided that these expenses are efficient, cost-effective, and incurred and billed in accordance with
this Agreement. ATTORNEY is responsible for insuring that all copying complies with copyright
obligations.
7.3.1.4. Transcripts
Transcripts should not be ordered without prior approval from COUNTY. Transcripts should not be
ordered on an expedited basis unless necessary and approved in advance by COUNTY. ATTORNEY
should obtain digital electron icicomputerized copies of transcripts when available at a reasonable cost
to avoid charging for time spent digesting or indexing transcripts, and to allow COUNTY to maintain a
digital electron icicomputerized database of all transcripts.
7.3.1.5 Travel Ex enses
Travel expenses within the ATTORNEY'S local area, defined as a radius of 50 miles from the
timekeeper's office, will not be reimbursed and time in transit is not billable.
Travel expenses outside the local area may only be reimbursed if the travel was approved in advance by
COUNTY. Reimbursable travel expenses, if approved in advance, are the cost of transportation by the
least expensive practicable means (e.g., coach class air travel), the cost of reasonable hotel
accommodations, and the cost of transportation while out of town (e.g., by cab or rental car, whichever
seems reasonable, at the lowest available rate). Travel expenses will be reimbursed in accordance with
the applicable provisions of Florida Statute l 12.321 and of the Monroe County Code for "approved
travelers" and shall be summarized on the Monroe County Travel Form by ATTORNEY with all
applicable receipts attached thereto.
7.3.1.6 Travel Time
Time spent in transit outside Attorney's local area may be billed only if ATTORNEY or time -keeper is
unable to avoid traveling by using other forms of communication or it is determined by the County that
travel is in the County's best interest. Travel by more than one time -keeper at the same time to the same
destination is not allowed without prior approval from COUNTY.
Approved travel time during normal business hours, defined week -days from 8:30 a.m. to 6:00 p.m.,
will be billed at the hourly rate listed for the time -keeper in paragraph 6.3 of this Agreement. Approved
travel time outside of normal business hours will be billed at one-half the hourly rate listed for the time-
keeper in paragraph 6.3 of this Agreement.
7.3.2. Non -reimbursable expenses
The following expenses will in no event be reimbursable without prior written approval b County
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Attorney and approval by the Board of County Commissioners;
7.3.2.1. Personal and Office Costs
Meals for time -keepers not related to travel, overtime, word processing or computer charges, personal
expenses, expenses that benefited other clients, expenses for books, costs of temporary employees,
periodicals or other library materials, internal filing or other document handling charges, clerical
expenses, stationery and other supply expenses, uti I ities, and any other expense that is either
unreasonable or unnecessary. (The fact that ATTORNEY charges other clients or that other firms
charge their clients for an expense does not make it reasonable or necessary under this Agreement.)
7.3.2.2. Experts, consultants support services outsourced services etc.
ATTORNEY is not authorized to retain experts, additional counsel, consultants, support services, or the
like, or to out source or delegate work outside ATTORNEY' S Iaw firm, without prior written approval
by County Attorney and approval by the Board of County Commissioners. If agreed to ATTORNEY
will be responsible for selecting and managing the services of others so that their services and expenses
will be rendered in accordance with the terms of this Agreement, including terms applicable to
ATTORNEY. ATTORNEY will manage others to obtain cost effective services for COUNTY. Unless
otherwise agreed in writing, ATTORNEY shall obtain a written retainer agreement, in a form which
may be specified by COUNTY, from each service provider, with bills from each provider being sent to
both ATTORNEY and COUNTY.
7.3.2.3 Temporga Staffing
ATTORNEY will not bill COUNTY for the time and expenses of temporary employees, including so-
called "Temps" or contract ATTORNEYS or other staff from outside companies, nor "outsource" or
delegate work, nor charge for summer associates, law clerks, or student clerks, (collectively
"temporary staff' even if not temporarily employed) without full advance disclosure of the employee's
temporary or short-term status to COUNTY, including disclosure of the actual amount paid or to be
paid to the individual. Unless COUNTY expressly agrees in writing to paying additional amounts after
full disclosure by ATTORNEY, ATTORNEY may not charge COUNTY more than the actual cost paid
by ATTORNEY.
7.3.2.4. Expenses not vassed through at actual cost
COUNTY will not pay any markup for expenses. COUNTY will only reimburse the ATTORNEY for
their actual approved out-of-pocket costs and expenses, whether incurred personally by an approved
time -keeper or incurred by other approved personnel (such as experts, consultants, support services
personnel, or outsourced services personnel).
7.3.2.5. Overhead not charged to County
COUNTY will not pay for any "expense" items that are in fact part of ATTORNEY' S overhead which
should be included within ATTORNEY'S fee, the determination of which expenses fall into this
category are strictly within the discretion of the COUNTY.
7.3.3. Advance apt al of expenses
In addition to the items noted above, ATTORNEY shall obtain advance approval from COUNTY
before incurring any expense in excess of $1,000.00 if ATTORNEY expects to be reimbursed for that
expense. COUNTY may refuse to pay any expense for which advance approval was not obtained by
ATTORNEY.
7.3.4. Copies of receipts for expenses
ATTORNEY shall include copies of receipts for all expenses with the itemized monthly bill.
COUNTY may refuse to pay any expense item for which documentation is not provided by
ATTORNEY.
7.3.5. Expenses (and fees) after termination
Upon termination of the representation, ATTORNEY shall promptly bill COUNTY for an remaining
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reimbursable expenses and fees. COUNTY may refuse to pay any fees or expenses not billed within 45
days of termination of the representation. ATTORNEY is also expected to cooperate promptly with all
aspects of termination and, if applicable, transition to other counsel. Payment for fees and expenses is
contingent upon prompt, full cooperation.
7.4. Bill and ex ense documentation
ATTORNEY must maintain supporting documentation for invoices until at least one year after the
termination of the representation. This documentation shall be made available by ATTORNEY to
COUNTY (or COUNTY'S designated representative, including an accountant, the County Clerk or
County Clerk's representative, or legal bill auditor) upon COUNTY' S written request. ATTORNEY
agrees to cooperate with 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 writing at least 60 days in advance of
destroying any such records and, in the event that COUNTY requests that they be preserved, shall
preserve them at least one additional year or, at the option of the COUNTY, delivered to the COUNTY
for storage by the COUNTY, with COUNTY responsible for paying the actual cost of storage. This
documentation shall include, for example, original time records, expense receipts, and documentation
supporting the amount charged by ATTORNEY for expense items generated by ATTORNEY or his or
her firm. COUNTY reserves the right not to pay any fee or expense item for which sufficient
documentation or expense item for which sufficient documentation is not available to determine
whether the item was necessary and reasonable.
8. PAYMENT TERMS
ATTORNEY' S request for payments and reimbursements may be made in either the ATTORNEY' S
name or the name of the ATTORNEY' S law firm, as appropriate. ATTORNEY bills complying with
this Agreement are due and payable according to the Prompt Payment Act. if the bill materially fails to
comply with the requirements of this Agreement, then it is not due and payable until its deficiencies are
remedied by ATTORNEY.
9. MATTER MANAGEMENT
COUNTY will expect that all communications between ATTORNEY, and additional time keepers, and
COUNTY will be reviewed by ATTORNEY and that ATTORNEY will serve as the point of contact
for this matter, including billing questions.
9.1. Case monitoring
COUNTY will be advised promptly by ATTORNEY of all significant facts and developments in the
matter so that COUNTY may manage the matter effectively and make informed decisions about
strategy, tactics, settlement, scheduling, costs, and other related matters. COUNTY will promptly
receive from ATTORNEY copies of all orders, opinions, pleadings, briefs, memoranda (internal and
external), correspondence, and any other document material to the subject matter of this Agreement,
such that the COUNTY will have a current up-to-date, "mirror" copy of the COUNTY'S file
maintained by ATTORNEY. For discovery materials or exhibits that are lengthy, ATTORNEY should
discuss them with COUNTY before providing a copy. Documents available in digital
electronic/computerized form should be provided in that form in lieu of paper copies, if requested by
County. Additionally, ATTORNEY may be required to submit, on a monthly basis, a case status and
progress report to be submitted to the Board of COUNTY Commissioners. The format of the report
shall be in the form required by the COUNTY ATTORNEY.
9.2. Case control
ATTORNEY shall discuss all significant issues of strategy and tactics, including motions, discovery,
pleadings, briefs, trial preparation, experts, and settlement, with COUNTY before implementation.
ATTORNEY is expected to exercise independent professional judgment.
9.3. ATTORNEY cooperation
ATTORNEY will cooperate with COUNTY or COUNTY'S representatives to promptly provide all
information COUNTY requests or needs about the subject matter of this Agreement and
ATTORNEY' S bills and handling of the matter.
9.4. COUNTY coo eration
ATTORNEY should consult with COUNTY about all opportunities for COUNTY to save money or
make use of COUNTY'S expertise to assist in, e.g., responding to discovery, preparing for trial,
locating experts, and the like. COUNTY may also have personnel and facilities available to reduce the
expenses related to the subject matter of this Agreement.
10. CONFIDENTIALITY AND PUBLIC RELATIONS
ATTORNEY is not authorized to waive or release any privilege or other protection of information --
confidential, secret, or otherwise -- obtained from or on behalf of COUNTY. ATTORNEY is to keep all
confidential, privileged, or secret information confidential. This requirement is perpetual, i.e., it will
continue even after the termination of the relationship and this Agreement.
10.1 Prohibition against use of information
This requirement is also intended to prohibit ATTORNEY from using information obtained from or on
behalf of COUNTY, including work product prepared at COUNTY'S expense, for other client's of
ATTORNEY or his or her firm, without COUNTY'S advance written approval.
14.2 No use of County for marketing u oses
ATTORNEY is not authorized to identify COUNTY as a COUNTY, e.g., for purposes of marketing or
advertising, without COUNTY'S prior approval.
11. OWNERSHIP OF ATTORNEY FILES AND WORD PRODUCT
ATTORNEY understands that all files and work product prepared by ATTORNEY or his or her firm at
the expense of COUNTY (or for which COUNTY is 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 normal course of
ATTORNEY' S representation of COUNTY in this matter. ATTORNEY agrees that COUNTY owns
all rights, including copyrights, to materials prepared by COUNTY or by ATTORNEY on behalf of
COUNTY. ATTORNEY shall notify COUNTY in writing at least 60 days in advance of destroying
any such records and, in the event that COUNTY requests that they be preserved, shall preserve them
at least one additional year (with COUNTY responsible for paying the actual cost of storage).
ATTORNEY shall provide COUNTY with prompt access to (including the ability to make copies of)
all ATTORNEY files and work product, regardless of whether the representation or matter is ongoing
and whether ATTORNEY fees and expenses have been paid in full.
12. DISPUTE RESOLUTION
ATTORNEY and COUNTY agree that if a dispute arises between them that neither shall be required to
enter into any arbitration proceedings related to this Agreement
12.1. Dis utes regarding Attorney fees or expenses
ATTORNEY and COUNTY agree that all disputes regarding ATTORNEY' S fees or expenses are to be
resolved pursuant to the procedures and practices for mediation by the Attorney Consumer Assistance
Program of the Florida Bar.
12.2. Disputes re ardi n i me retation
COUNTY and ATTORNEY agree that all disputes and disagreements between them regarding
interpretation of the Agreement shall be attempted to be resolved by a meet and confer session between
representatives of COUNTY and ATTORNEY. If the issue or issues are still not resolved to the
satisfaction of both within thirty (30) days after the meet and confer session, then either shall have the
right to terminate the Agreement upon ten (10) business days notice in writing to the other party.
12.3 Legal or Administrative procedures
In the event any administrative or legal proceeding is 'instituted against either the COUNTY or
ATTORNEY relating to the formation, execution, performance, or breach of this Agreement, the
COUNTY and ATTORNEY each agree to participate, to the extent required by the other, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement; institution of any administrative or legal proceeding shall constitute immediate termination
of this Agreement. ATTORNEY agrees to forward copies of all documents in his or her possession
related to the matter which is the subject of this Agreement to COUNTY at the time of filing any
administrative or legal proceeding.
12.4 ATTORNEY' S Fees and Costs
In the event any administrative proceeding or cause of action is initiated or defended by the COUNTY
or ATTORNEY relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to an award of reasonable ATTORNEY'S fees, and court costs, as an award against the
non -prevailing party, and shall include reasonable ATTORNEY'S fees, and court costs in appellate
proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement or as may be required by a
court of competent jurisdiction shall be conducted in accordance with the Florida Rules of Civil
Procedure and the usual and customary procedures required by the circuit court of Monroe County and
shall take place in Monroe County.
13. NOTICE RE UIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY
County Administrator and
l 100 Simonton Street
Rey west, FL. 33041
FOR ATTORNEY
Patrick Raher
Hogal Lovells US LLP
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004
County Attorney
PO Box 1026
Ivey west, FL 33040
14. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. Venue for any legal action which
may arise out of or under this agreement shall be in Monroe County, Florida.
15. ENTIRE AGREEMENT
The entire agreement between the COUNTY and ATTORNEY with respect to the subject matter hereof
is contained in this Agreement. This Agreement supersedes all prior oral and written proposals and
communications between the COUNTY and ATTORNEY related to this Agreement. No provision of
this Agreement shall be deemed waived, amended or modified by either party unless such waiver,
amendment or modification is in writing and signed by the party against whom the waiver, amendment
or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties
hereto, their permitted successors and assigns.
16. FLORIDA GOVERNMENT -IN -THE -SUNSHINE LAW
ATTORNEY agrees that, unless specifically exempted or excepted by Florida law, the provisions of
Chapter 120, Florida Statutes, generally require full and public discussion of matters to be voted upon
by the Board of County Commissioners. ATTORNEY agrees to consult with the COUNTY
ATTORNEY'S office concerning the application of the Sunshine Law from time to time concerning
specific circumstances that may arise during the term of this Agreement.
17. FLORIDA PUBLIC RECORDS LAW
ATTORNEY agrees that, unless specifically exempted or excepted by Florida law or Rules and
Regulations of The Florida Bar, the provisions of Chapter 119, Florida Statutes, generally require
public 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 concerning the application of the
Public Records Law from time to time concerning specific circumstances that may arise during the term
of this Agreement.
18. NO ASSIGNMENTS
ATTORNEY shall not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners of Monroe County, which
approval shall be subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any additional obligation upon
the Board.
19. TERMINATION
Either of the parties hereto may terminate this contract without cause by giving the other party fifteen
( 15) business days written notice of its intention to do so.
19.1 Documents forwarded to COUNTY
ATTORNEY agrees to forward to COUNTY along with Notice of Termination or upon receipt of
Notice of Termination, depending upon which party terminates the Agreement, copies of all documents
in his or her possession of any nature whatsoever related to the ATTORNEY' S representation of
COUNTY or obtained due to ATTORNEY'S representation of COUNTY.
19.2 Restriction on Communications
ATTORNEY agrees not to communicate with the public, including press, ressi about COUNTY or about
this matter.
20. SEVERABILITY
If a term, covenant, condition or provision of this Agreement shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and provision of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
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COUNTY and ATTORNEY agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
21. CAPTIONS
The captions set forth herein are for convenience of reference only and shall not define, modify, or
limit any of the terms hereof.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES.- NON -DELEGATION OF
CONSTITUTIONAL OR STATUTORY DUTIES
This Agreement is not intended to relieve, nor shall it be construed as relieving, either the COUNTY or
ATTORNEY from any obligation or responsibility imposed upon each by law except to the extent of
actual and timely performance thereof by the other, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further this Agreement is not intended to authorize, nor
shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the
COUNTY, except to the extent permitted by the Florida Constitution, state statutes, case law, and,
specifically, the provisions of Chapter 125, Florida Statutes.
23. RECORDS
ATTORNEY shall maintain all books, records, and documents directly pertinent to performance under
this Agreement, including the documents referred to in this Agreement, in accordance with generally
accepted accounting principles, consistently applied. Upon ten (10) business days written notice to the
other, representatives of either the COUNTY or ATTORNEY shall have access, at all reasonable times,
to all the other party's books, records, correspondence, instructions, receipts, vouchers and memoranda
(excluding computer software) pertaining to work under this Agreement for the purpose of conducting
a complete independent fiscal audit. ATTORNEY shall retain all records required to be kept under this
Agreement for a minimum of five years, and for at least four years after the termination of this
agreement. ATTORNEY shall keep such records as are necessary to document the performance of the
agreement and expenses as incurred, and give access to these records at the request of the COUNTY,
the State of Florida or authorized agents and representatives of said government bodies. It is the
responsibility of ATTORNEY to maintain appropriate records to insure a proper accounting of all
collections and remittances. ATTORNEY shall be responsible for repayment of any and all audit
exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for
Monroe County, the Board of County Commissioners for Monroe County, or their agents and
representatives.
24. PUBLIC ACCESS
The COUNTY and ATTORNEY shall allow and permit reasonable access to and inspection of, all
documents, papers, letters, or other materials subject to the Florida Public Records Law, as provided in
Chapter 119, Florida Statutes, and made or received by the them, unless specifically exempted by State
Statute, Rules and Regulations of The Florida Bar, or case law. COUNTY shall have the right to cancel
this agreement upon violation of this provision by ATTORNEY.
25. MONROE COUNTY CODE ETHICS PROVISION
ATTORNEY warrants that he or she has not employed, retained or otherwise had act on his behalf any
former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any
COUNTY officer or employee in violation of Section 3 of Ordinance No. 10 1990. For breach or
violation of this provision the COUNTY may, at its discretion, terminate this Agreement without
liability and may also, at its discretion, deduct from the sums owed under the Agreement, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or
present COUNTY officer or employee. COUNTY employees and officers are required to comply with
the standards of conduct delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts, doing business with one's agency, unauthorized compensation, and
misuse of public position, conflicting employment or contractual relationship, and disclosure of certain
information.
26. PUBLIC ENTITY CRIME STATEMENT
Florida law provides that person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on an agreement to provide any
goods or services to a public entity, may not submit a bid on a agreement with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier, sub contractor,
or consultant under a agreement with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of thirty-six (36) months from the date of being placed on the convicted vendor list.
ATTORNEY warrants the neither ATTORNEY nor any authorized time keeper has been named to the
convicted vendor list.
27. ANTI -KICKBACK
ATTORNEY warrants that no person has been employed or retained to solicit or secure this
Agreement upon any contract or understanding for a commission, percentage, brokerage or contingent
fee, and that no employee or officer of the COUNTY has any interest, financially or otherwise, in this
Agreement, except as expressly stated herein. For breach or violation of this warranty, the COUNTY
shall have the right to annul this agreement without liability or, in its discretion, to deduct any sums to
be paid by COUNTY under this Agreement, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
28. MODIFICATIONS AND AMENDMENTS
This Agreement may not be modified in any way without the express, written consent of both parties.
Any and all modifications and Amendments of the terms of this Agreement shall be in writing and
executed by the Board of County Commissioners for Monroe County and by ATTORNEY in the same
manner as this Agreemen
29. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, ATTORNEY is an independent contractor and not an
employee of the Board of County Commissioners of Monroe 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 Monroe County, and they shall be entitled to
none of the rights, privileges or benefits of employees of Monroe County.
30. COMPLIANCE WITH LAW
In carrying out ATTORNEY' S obligations under this agreement, ATTORNEY shall abide by all
statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this Agreement,
including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or
regulations shall constitute a material breach of this Agreement and shall entitle COUNTY to terminate
this Agreement immediately upon delivery of written notice of termination to ATTORNEY.
31. LICENSING
ATTORNEY warrants that ATTORNEY and additional timekeepers do presently have, shall have prior
to commencement of work under this Agreement, and at all times during said work, all required
licenses and permits whether federal, state, County or City.
32. NON -DI SCRIM [NATION
ATTORNEY agrees that he or she will not discriminate against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. ATTORNEY agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on
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the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on
the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
33. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and ATTORNEY agree that neither the
COUNTY nor ATTORNEY or any officer, agent, or employee of each shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated under this Agreement.
34. ATTESTATIONS
ATTORNEY agrees to execute such documents as the COUNTY may reasonable require, including a
Drug -Free workplace Statement, and a Public Entity Crime Statement.
35. COUNTY AUTHORITY
This Agreement has been duly noticed at a legally held public meeting conducted in Monroe County,
Florida. COUNTY'S performance and obligation to pay under this contract, is contingent upon annual
appropriation by the Board of County Commissioners.
36. HOLD HARMLESS AND INSURANCE
Prior to execution of this agreement, ATTORNEY shall furnish COUNTY Certificates of insurance
indicating the minimum professional liability coverage for ATTORNEY and additional time -keepers in
the amount of $ 1 million. ATTORNEY agrees to keep the same amount of coverage or more at all
times and to provide proof of said coverage to COUNTY at COUNTY' S request at any time during the
term of the Agreement.
37. NO PERSONAL LIABILITY
No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation
of any member, officer, agent or employee of the Board of County Commissioners of Monroe County
in his or her individual capacity and no member, officer, agent or employee of the Board of County
Commissioners of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
38. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument and the COUNTY and
ATTORNEY may execute this Agreement by signing any such counterpart.
13
THIS AGREEMENT will become effective when executed by both the ATTORNEY and
executed ..�and of County Commissioners of Monroe County, Florida.
Board of Countyommissioners
-+ } Of Monroe Co
Attest• } • ` ` - ' r . ,
■ ' i+
Heather C the ayor
By: . • Date: �1, t
erk
Bate:
WO EY:
it s ;tcLA
Si re
Print Name
Address: OaA►, ��e. RUV`i
DATE: 1 (,11
Signature
Patrick M. Raher
DATE: S-114 ///
z go
EXHIBIT A
Reimbursement Forms
Attach copy of forms here
..
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TTj
MONROE CO TY ATTORNEY
APP 0 F
ROBERT B SH out TG ATTORNEY
ER,, JR-
CHIEF A� � -
Date:
STATE OF FLORIDA
VOUCHER FOR REIMBURSEMENT
OF TRAVEL EXPENSE
TRAVELER
Check One: _ _ _ OFFICER/EMPLOYEE NON-EMPLOYEE/IND. CONTRACTOR
AGENCY
HEADQUARTERS
RESIDENCE CITY
Date Travel Performed
2011 From Point of Origin
To Destination
Purpose or Reason
(Name of Conference)
Hour of
Departure
and Hour
of Return
Meals for
Class
A & B
Travel
Per Diem
Or Actual Class lip
Lodging C Mileage
Expenses Meals Claimed
Vicinity
Mileage
Claimed
Odor Expanses
Amount Type
Statement of Benefits to the State: (Conference or Convention)
Revolving Fund: Advance:
Check No. Warrant No.
Check Date Warrant Date
Agency Voucher No. Statewide Doc. No.
Agency Voucher No.
Column
Total
Column Column Miles Column
Total Total @ 0.44.5 or mile Total
LESS ADVANCE RECEIVED
LESS CLASS C MEALS (Officers/Employees Only)
NET AMOUNT DUE
SUIIPIM
TOTAL
$( ]
�( )
$
I mew cWU" OF MUM VOT me aoove expenses actuaur ineurrea Dy ma as necessary V"M expanses in the performance of my official dudes: attendance at ■
conference or convention was directly misted to ofiicld dudes of the agency; any numb or lodging kwkrded in a continence or convention re&tradon fee have
ben deducted from this travel claim: and that this cWm is true and correct In every material amttw and sent oonfonns in avery respect with the Mam" is
of Section 112.061, Florida Statutes.
TRAVELER'S SIGNATURE:
EXHIBIT
DATE PREPARED: TITLE:
Pursuant to Section 112.051 (3)(6). Florida Statutes, l hereby certify or affirm that to the beat of
Writ knowledge *a adore travel wee an offccM business of the State of Florida and was park n ud
for the pw Masi stated above.
SUPERVISOR'S SIGNATURE:
SUPERVISOR'S TITLE:
DATE APPROVED: I