Item Q06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19.2006 - KW
Division:
County Attorney
Bulk Item. Yes _~
1\0
Department County Attorney
Staff Contact Person' 13ob. SNJlinz~r
AGI<:NDA 1TE,1\t] \\'ORDlNG:
Approval of Standard Legal Services Agreement with the {ml' Qffices (~f Stephen J. Moore, P. (', for
professional legal services in Collins v. Monroe Countr v. -'\'tale of Iforida, CAM-04-379,
ITEM BACKGROVND:
Stephen J Moore, Esq is presently defending the County in CO!1illS ", klollroe County v, State (!l
Flurida, C A\1-04-3 79 Mr Moore was previously billing the County for legal services as a sub-
contractor under the agreement with White & Smilh, !.U' but is now billing independently since WhUe
& Smith has withdrawn from the case
PREVIOUS RELEVANT BOCC ACTIO,":
On "Jovember 29, 2004, the Board entered into a contract with White & Smith. !J.e, Stephen J, Moore
was billing as a sub-contractor through that Agreement for his legal services,
CONTRACT/AGREEMENT CHANGES:
:'\'fA
STAf'F RECOMMENDATIONS:
Approval,
TOTAL COST:
BUDGETED: Yes X
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _X __ OMBlPurchasing _ Risk Management_
DlVISIOl'-' DIRECTOR APPROVAL:
.' ~~--
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-- ,~hIr/.' /o~ Z/;/' .....
/':SUZANNE A.IHU TON, COUNTY ATTOR,"EY
L'
DOCUMENT A TION:
Included X
Not Required_
DISPOSJTIO:\:
AGENDA ITL'''' #
Rc\iscd 2/05
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MONROE COU:\TY. FLORIDA
STANDARD LEGAL SERVICES AGREEMENT
(LITIGATIO:.\!)
AGREEMENT NUMBER:
CAY LIT 2006.02 0'
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THE ROAR!) OF COLNTY COMMISSION ERS OF MO:\ROE COlJNTY, FLORIDA, as the
legislative and governing body of Monroe County, F]orida, and In accordance with the powers
enulm:rated In Section 125.01, Florida Statutes (the "County") and
LA'iI (j I" ;"ICLS U I' :::;'-"1 HIl::N 2' _ ;'lOORB, C' :_f: " (the "Attorney") hereby
enter into this Agreement regarding the retention of Attorney by County to provide legal advice and
services:
1. Client: The Client is the County, and to the exlenl ethically permissible, its elected and
appointed officers and its' employees, unless COLl11ty advises Attorney othenvise. In the event that
Attorney cannot ethically represent individuals in addition to County, Attorney shall advise County
in \vTiting ofthat fact Immediately
2. Attorne:y: The Attorney is the individual named above and whose Signature appears at the
bottom ol'this Agreement, Attorney j-idS l,pE'n a6mi t-.tf'f, to ap~2iU l.n this
matter. _
understands that County expects that Attorney will be responsible l' presentation,
assuring compliance of others with the term' n and ethical requirements, preparing
and suhstantiatin lmunicating County. Attorney may not delegate or
* see
attachmenL
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2S 3. l\-Iatter: Attorney has been retained by COLlnty in connection with the matter described in
26 Exhibit A. Attorney represents that he or she is competent and available to handle that matter. In
27 the event that additionalmal1cr" are assigned by County to Attorney, this agreement shan apply to
2g those matters as welL unless a separate Agreement is required by the County.
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30 3. L Rcvie\-\ of ethical oblig:ations before in itiating representation: Attorney has
31 conducted a thorough investigation and determined that neither Attorney nor his or her ftrm has any
32 ethical impedimmt, real or potential. to representing County. To the extent that any ethical
33 impediment. n:al or potential, is discovered or ever arises, Attorney shall unmediately mform
34 Couniy in writing of the impediment (regardless of whether Attorney believes he or she has taken
3S all steps necessary to avoid the impediment and regardless of whether Attorney believes that the
36 impediment is insubstantial or questionable), make full disclosure of the situation to County, obtain
37 County's express, wriuen consent to continue the representation of the other client. and take all steps
3X requested by County to avoid or mitigate the impediment. Attorney understands that, if a direct or
39 indirect conflict of interest arises which, in the opinion of the County_ cannot be avoided or
40 mitigated under the Rules of Professional Conduct of The Florida Bar, County may, in its discrction,
41 (a) obtain reimbursement from Attorncy for all fees and expenses pard to Attorney 111 thIS matter;
42 (b) obtain cancellation of all amounts allegedly owed by County to Atlomey; and (c) ohtam
43 reimbursement for eonsequcntial expcnses incurred by County, including the cost of replacement
44 counsel.
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1 3.2. Limitations to scope of representation: Except where prohibited by the Rules of
2 ProlCssional Conduct of The Florida Bar, the Monroe County Attorney's Oflice will serve as co-
3 counsel in all matters covcred by this Agrecment. As co-counsel, the Office attorney's will assist
4 Attorney by performmg tasks assigned hy Attorney, including but not limited to serving as loeal
5 counscl; securing the cooperatlOn of County employee's, officers. and others in discovery and other
6 matters; obtaining evidcntiary materials from County files; assisting with discovery; attending
7 hearings and depositions; filing pleadings; arranging tor closed attorney-client sessions with the
8 Board or County Commissioners; and perlonning other tasks as necessary and convenient for
9 Attorney. Decisions as to tactical approaches to be utilized shall be the ultimate responSIbility 0 r
10 the Attorney, and issues whlch rise to the level of a client decision shall be resolved by the Board
II of County Commissioners. Any further limitations or special conditions shall be as set torth in
12 Exhibit A.
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14 3.3. Tcrm of Agreement and Representation: lhis Agreement and rcpresentation by
15 Attorney is effectIve upon acceptance and approval by County in accordance v..'ith County's poheies,
16 ordinances, or governing statutes, The representation shall continue until terminated by either the
17 County, or by the Attorney in accordance v,'ith ethical requirements.
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19 3.4. County expectations and goals: The County expects the Attorney to seek the best
20 resolution tilr the County at the lowest reasonable cost to the taxpayers. At the earliest reasonable
21 point during the representation, the Attorney shall report to the County, via the County Atto mey,
22 any reasonable potential tor sett 1cment, including related settlement eosts and expenses, the
2J estimated chances of the County prevailing on the merits, and the potential financial exposure
24 should the COLlnty not prevail on the merits. Any other expectations and goals shall be as set forth
25 in Exhibit A.
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27 4. Attorney Fee (Hourly): Attorney will be paid for his or her services based on the number
2S of hours expended on behalf of County (rounded to the nearest tenth hour for each time entry), not
2lJ to include t irne billable to or compensated by other clients, multiplied by the Attorney's hourly rate
30 as set forth in Exhibit A. The following minimum billing documentation and time-keeper
31 requirements arc a condition precedent to payment by the County.
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33 4.]. Non-billable time: Attorney will bill County only for time reasonably and
34 necessarily incurred to render professional scrvices on County's behalf in accordance with this
35 Agreement. Time attributable to billing questiom is not billable. Time expended by time-keepers
36 who have not been approved by County as indicated on Exhibit A is also not billable.
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38 4.2. Change-s to hourly rates: Attorney will charge no more than the hourly' rate quoted
](] in Exhibit A throughout the duration of the matter, unless otherwise agreed in writing signed by
40 County.
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42 4.3. Discounts to other Clients: The rates Attorney will charge County represent the
43 lowest rates charged by the same time-keepers to other clients. In the event that lower rates or
44 discounts arc provided to other clients, Attorney and approved time-keepers v,..ill also provide them
4S on thc same basis to County,
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2 4.4. Additional time-keepers: Additional time-keepers may not be added to the matter
3 without advance writtcn approval from County. In the cvent that additional timc-keepers providing
4 services which arc to be billed to the County are to be added to the staff. then their hourly ratcs shall
5 be provided to County in advance, and, upon written approval by the County, their rates and billing
6 practices shall comply with the requirements of this Agreement. Additional time-keepers approved
7 by the County arc listed in Exhibit A to this Agreement, and this Exhibit A may be amended fi-om
8 time to time, upon mutual agrecment of the County and the Attorney, to cvidence the then-current
9 circumstances.
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11 4.5. Existing work product: To the extcnt the Attorney makes use of existing work
12 product, e.g.,' in the form of research previously performed for another County, then Attorney may
13 bil1 only that Lime expendcd in using that work product for County. ]n othcr \vords, no premium,
14 markup, or other adjustment may be made to bill County for time spent on work already perfornlcd.
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16 4.6. Travel: Travel restrictions, including restrictions on billing time during travel, are
17 set forth below.
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19 5, Billing of Fees and Expenses: Attomey shal1 comply with the following requirements as
20 to billing kes and expenses as a condition precedent to County's obligation to pay cach hill;
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22 5.1..\1 onthly bills: Unless otherwise agrced in a writing signed by thc County, bills shall
23 be issued monthly by Attorney within 15 days after the close of each month. Attorney understands
24 that County requircs prompt bills in part to facilitate effective management of the representation and
25 fees.
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5.2.
Bill format: Attorney shall provide detailed, itcmizcd bills WhICh shall, at a
28 mlllllllum:
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30 5.2.1 Description. Provide a gencral description of the matter, to include the name
31 of the County department or constitutional officer, if not indicated in the title of the matter, for
32 which legal services are being performed (e.g. Richard Roe v. Monroe County-rEO Claim).
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35 5.2.2 Personnel. Clear]y identity eaeh person performing services (i.c., tirnc-
36 keepcrs) in conjunction \vith each entry.
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38 5.2.3 Other Personnel. Clearly identify all pcrsons who arc not full-time lawyers
3lJ employed by the Attorney's firm (including subcontractors, indcpendcnl contractors, temporary
40 employecs, and outsourcing providers).
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42 5.2.4 Time Records. Record the time expended by each time-keeper separately.
43 In those situations wherc the minimum billing ineremcnt exceeds the actual time spent on a task and
44 severa] o I' these "minor" tasks are performed, it is expected that the services will be aggregated until
45 the total actual time spent meets the minimum billing increment.
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I 5.2.5 Totals and By Task. State the amount of time expendcd by cach time-keeper
2 daily (and, within each day, broken down by task whcrc more than one project or task was worked
3 upon within the same day).
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'i 5.2.6 Task Description. Dcscribe within each itemized daily task entry, in sutlkien[
6 detail to rcadily allow the County to determine the necessity for and reasonableness of the time
7 expended, the services performed, the project or task each service relates to, the subjeCl and purpose
H of each service, and the names of others \....ho were present or communicated wit in the course of
') pcrflmning the service. Included should he a reasonably specific delineation of services sufficiently
] 0 itcmized to al10cate time within a matter to such categories of effort as I.egal Research, hlCt
11 Gathering, Internal Conferences, Communications with Client, Particular Document Drafting, Court
] 2 Appearance, Deposition Attendance, and so tanh.
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14 5.2.7 Su mmary of Rates. In a summary at the beginning or end of the bill, provide
15 the current hourly rat e for each time- keeper. the total time billed by each time-keeper in that hllL
16 the product of the total time and hourly rate for each time-keeper. [he total fees charged, and a
17 n:conciliation between thc amount ehargcd and any applicable estimated or budgeted amount, by
18 task In addition, each mo nthly statement should show the aggregate billing for t hut matler from the
19 eommencemcnt of the matter through the curn:nlly-bilkd month,
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21 5.2.8 Digital/Electronic Copy. County is currently using Time Mattcrs and lime
22 Billing software in the County Attorney's office, and prefers that an electronic rep0l1ing sofhvare
2.1 \vhich can be incorporated into the County's software data base for tracking and reporting purposes
24 be used by Attorney. Attorney should discuss the capabilities of Attorney's billing system with
25 County before rcndering the first bill. County should receive a digital electronic/computerized
26 version of each bi]L together with a paper copy, to facilitate bill review.
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28 5.3. Expenses: County will pay the actual, reasonable cost of the follo\\ing expense
29 items if incurred in accordance with the guidelincs below and promptly itemized in Attomey's
.10 monthly bill:
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32 5.3. t Reimbursable expenses: Actual cost for necessary long distance telephone
33 caUs, telecopying at S. 25 per outgoing page, overnight or expedited delivery, couriers, photocopying
34 at $.15 per page, postage, court fees, and other expenses approved in advance by County or as listed
35 below:
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37 5.3,1.1. Expedited or emergency services: Attorney is expected to
38 avoid using expedited or emergency services, such as express delivery services, couriers,
39 telecopying, overt ime, and so on, unless nceessary because of unexpected developments or
40 extremely short deadlines. County may refuse to pay for any such expenses when incurred routinely
41 or because of Attorney's failure to manage thl: matter cfliciemly.
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43 5.3,1.2. Computerized research: Attorney is expected to use
44 computerized rcscarch services cost-ctlcctivcly to reduce time spent on research, for example, whtle
45 closely-monitoring computerized research to insure that the charges are reasonable and
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I necessary. Attorney is expected to pass through to County any discounts or other anangements that
2 reduce the cost of computerized services.
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4 5.3.1.3. Photocopying: Attorney is encouraged to use outSide
5 copying services to reduce the eost of large-volume copyjng, provided that these expenses arc
6 efficient, cost-effective. and incurred and billed in accordance with this Agreement. Attorney is
7 responsible for insuring that all copying complies with copyright obligations.
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9 5.3.1.4. Transcripts: Transcripts sho u]d not be ordered without prior
10 approval from County. Transcripts should not be ordered on an expedited basis unless necessary
11 and approved in advance by County. Attorney should obtain digital electronic/computerized copies
12 of transcripts Vo'hen available at a reasonable cost to aV01d charging for time spent digesting or
1:1 indexing transcripts, and to allow County to maintain a digital electronic/computerized database of
14 all transcripts.
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16 5.3.1.5 Travel Fxpenses: Travel expenses within the Attorney's
17 local or metropolitan area will not be reimbursed if the time spent in transit is hilled. Travel
18 cxpenses outside the metropolitan area Illay only be rcimbursed if the travel was arproved in
1 q advance by County, Reimbursable travel expenses. if approved in advance, arc the cost of
20 transportation by the Icast expensive practicable means (e.g., coach class air travel), the cost of
21 rcasonable hotel acconunodations, and the cost of transportation wlule out of town (c. g., hy cah or
22 rcntal car, whichever scems reasonable. at the lov.'est available ratc). Travel expenses will be
23 rcimburscd in accordance with the applicable provisions for "approvcd travelers" of the Monroe
24 County Codc. will be summarized on the Monroc County Travel Form with all applicable receipts
25 attached thereto.
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27 5.3.1.6 Travel Time. 'rime spc:nt in transit, locally or otherwise, may
28 be billed only if (a) Attorney or time-keeper is unable to avoid traveling by using other forms of
29 communica I ion and ( b) Attorney or time-keeper is unable to bi]] t irne in t mns it to other clients.
30 Travel by more than onc time-kceper at the same time to the same destination IS not allowed without
31 prior approval from County. Approved travel time during time-keeper's normal husiness hours will
32 be billed at the hourly rate listed for the timc-keeper on Exhibit A. Approved travel time outside
33 of time- keeper's normal business hour's will be billed at ollc-halftne hourly rate listed tor the time-
34 keeper on Exhibit A.
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36 5.3.2. :\on~reimbursable expenses: The folloVv'ing expenses will in no cvcnt be
37 reimbursable, unless specifically agreed to in ad vance in a writ ing signcd by County:
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39 5.3.2. L Person al and Office Costs. Meals for time-keepers,
40 overtime, word processing or computer charges, personal expenses, expenses that benefitted other
41 clients, expenses for boo ks, costs of temporary employees, periodicals or other library materials.
42 internal filing or other document handling charges, clerical expenses, statIonery and other supply
43 expenses. utilities. and any other expense that is either unreasonable or unnecessary. (The tact that
44 the firm charges other clients or that other firrTL'> charge their clients to r an expense docs not make
45 it reasonable or necessary.)
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2 5.3.2.2. Experts, consultants, support services, outsourced
3 services, etc. Attorney is not authorized to retain experts, additional counsel, consultants, support
4 serVIces, or lhe like, or to out source or delegate work outside Attorney's law firm, without prior
5 writtcn appro va] by County. Attorney \vill be responsible for selecting and managing the services
6 0 f 0 t hcrs so t ha t (he ir serv ices and ex penses will be rendered 111 aceD rda nee wit h t he terms 0 f this
7 Agrccment, including terms applicable to Attomey. Attorney will manage others to obtam cost-
S effective scrviecs for County. Unless otherwise agreed in writing, Attorney shall obtain a written
9 retainer agreement, in a fonn which may be specified by County. from each service provider. with
10 bills from each provider being sent to both Attorney (for managcment purposes) and County (for
] I review and payment).
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13 5.3.2.3. Expenses not passed through at actual cost. County will
14 not pay any markup for expenses. County will only reimburse the Attorney for therr actual approved
15 out-of.pocket costs and expenses, whether incurred personally by an approved time-kcepcr or
16 Incurred oy other approved personnel (such as experts, consultants, support services personneL or
17 outSlHlrecd services personnel).
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19 5.3.2.4. Overhead not charged to County. County will not pay for
20 any "expense" items that are in fact par! of Attorncy's overhcad which should be included within
21 Attorney's fCc.
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23 5.33. Advance approval of expenses. In addition to the: items noted above,
24 Attorney shall obtain advance appro\.'al from County before incurring any expensc in exccss of $
25 1.000.00 if Attorney expects to bc reimbursed tl.)r that expcnse. County may refuse to pay any
26 expense for which advance approval was not obtained by Attorney.
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28 5.3.4. Copies ofre-ceipts forexpe-nse-s. Attorney shall include copies of receipts tor
29 all expenses with the itemized monthly bi]1. County may refuse to pay any expense item for which
30 documentation is not provided by Attorney.
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32 5.3.5. Expenses (and fees) after termination. Upon termination of the
3:1 representatIon, Attorney shall promptly bill County tor any remaining reinlbursablc expenses and
34 fees. County may rcfllse to pay any fees or expenses not billed withm 45 days ofterminatlOn of the
3S representation. Attorney is also cxpceted to eoopcrate promptly with all aspects o fterminat ion and,
36 if applicable, transition to other counsel. Payment for fees and expenses is contingent upon prompl,
37 full coopcral ion.
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39 5.4. Bill and expense documentation. Attorney undcrstands that Attorney must have
40 documentation to support all aspeets of cach bill, induding fees and expenses, and must maintain
41 that documentation until at least one year after the terminatIon of the representation. This
42 documentation shall be made available by Attorney to County (or County's dcsignatcd
43 representative. including an accountant, the County Clerk or County Clerk's representative. or legal
44 bill auditor) upon County's written request. Attorney agrees to cooperate with any examination of
45 this documentation and Attorney's fees and expenses, e.g.. by responding promptly and completely
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to any questions County or its designated represcntative may ha\'e. Attorney shall notify County
in writing at least 60 days in advance of destroymg any such reconls and, in the event that County
requests that thcy be preserved, shall preserve them at least om: additional year or, at the optio n of
the County, delivered to thc County for storage by the County, with County rcsponsible for paying
the actual cost of storage. This documentation shall include, for example. original lime records,
expense receIpts, and documentation supporting the amount charged by Attorney for expensc items
generated by the Attorney or his or her firm. County reserves the right not to pay any fec or expensc
item for which sufficient documentation is not available to determine ,^'hether the item was
necessary and reasonable. Upon prior written Agreement by the County, Attorney may provide the
documentation in digital electronic form in Adobe Portable Document Format (PDI-') or in Alchemy
format in lieu of the manual preservation requirements detailed above.
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6. 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 la\v firm, as appropriate. Attorney bills
complying with this Agreement arc due and payable upon receipt. If the bill materially tails to
eomp]y with the requirements oft1l1S Agreement, then it is not due and payable until iti; deficiencies
arc remedied by Attorney. County is entitled to a I % prompt payment discount if a hill is paid
within 15 days ofrcccipt by County or correction ofdcficiencies by Attorney, v,'hichevcr is later,
(or iflhc bill is satisficd by funds held by Attorney, c.g" in a trust account). County shall not be
liable for interest or othcr lalL; chargcs unless specifically agrced to in ad vallce in a writing signcd
by County,
7, Budgets, Attorney \vil!, within thirty (30) days ancr thc cffcctivc datc of this Agreement,
prcpare an estimate or budgct of the likely costs, by task, of this mattcr, including fees and expenses,
and a plan for handling the mattcr. Attorney will update the budget and plan at least onCe every
three months, 10 the event that Attorney obtains information indicating that thc budget (or any line
item) may be exceeded by more than five percent, he or she will noti-t), County oflhat immcdiately.
In a written statement accompanying each bill, preferably in tabular forn1. Attorney will rcconcile
the budget with each month's bill, e.g., by explaining whether the billed amounts, by task, are more
or less than the amounts budgeted therefore. County shall have the right not to pay any amounts that
arc over budget or not included within the budget.
8, Staffing and matter management. Attorney has been retained specifically because
Attorney, personally, is understood by County to be able to handle this matter. Employmcnt of
additIonal individuals, whether attorneys, paralega]s, or others, \vho will bill time to County is not
pern1itted without the advance written approval ofCounly.
8.1. Time-keeper changes. Changes in time-keepers, e.g., rcplacement of an attorney
as well as increases or dccrcases in the number of the time-keepers working on the subject-matter
of this Agrecment, must havc the advance written approval of County. County expects to receive
discounts or other concessions so that any increases or changes in time-keepers ",,'ill not rcsult in
umlcecssary or unreasonahle charges to County, e.g., for training, internal contcrenccs, and
management.
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1 8.2. Duplication of effort. Unless advance County approval is obtained, Attorney will
2 not have more than one time-keeper bill for court appearances, attendance at depositions and
3 meeting, including meetings with County representatives, and internal conferences, In the event that
4 more than one person attends, only the time of the person with the lowest rate will be billable.
5 Attorney is not permitted to use this matter to provide on the job training for a time-keeper, and bill
6 ft)r that time-keeper's services, without County's advance approvaL
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8 8.3. Vlatter management. Attorney is responsible for managing the matter cost-
9 etlccttvely and competently, e.g., by insuring that additional time-keepers arc competent, properly
10 supervised, eftlcient, and in comp haoee with the terms of this Agreement as well as wIth ethical
11 obl1gations.
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13 8.4. Communications. County will expect that all communications between Attorney
14 and County will be reviewed by Attorney and that Attorney will serve as the point of contact for this
IS matter, including billing questions. The point of contact for this matter at County is the County
16 A ttorney or the individual specifically idcntified in Exhibit A.
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1 S 8.5. Case monitoring. County \vill be advised promptly by Attorney of all significant
19 t::lCts and devclopments in thc matter so that County may mange the matter etlcetivcly and made
20 informed decisions about strategy, tactics, sett1cmenl, scheduling, costs, and othcr related matters.
21 County will promptly rcceive from Attorney copies of all orders, opinions, pleadings, briefs.
22 memoranda (internal and external), correspondence, and any other document material to the subjcct
23 matter of this Agreeme11l, such that the County \",'ilI have a current up-to-date. "mirror" copy of the
24 County's file maintained by Attorney, For discovcry matcrials or cxhibits that arc lengthy,
25 Attorney ShOllld discuss them with County before providing a copy. Documents available in digital
26 electronic/computcrized form should be provided in that form inlicu of paper copies.
27 Attorney ],,11._' be requircd to submit,
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31 8.6. Case control. Attorncy shall discuss all significant issues of strategy and tactics,
32 including motions, discovery, pleadings, briefS, trial preparation, experts, and settlement, with
33 County be t()l" c implementation. Attorney is expected to cxercise independent profCsslOna]judgment,
34 but to il1lplementrhe decisions of County as expressed to the County by the County Attorney.
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36 8.7. Attorney cooperation. Attorney will cooperate with County or County's
37 rcpresentatives to promptly provide all inf(mllat ion County requests or nceds a bout the subjcct
38 matter of this Agreement and Attorney's bills.
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40 8.8. County cooperation. Attorney should consult with County about all opportunities
41 for County to savc money or make use of County's expertise to assist in, e.g., responding to
42 discovery. preparing for trial, locating experts, and thc like. County may also have personnel and
43 facilities available to reduce the expenses related to the subject matter of this Agreement
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8.9. Temporary staff, delegation, outsourcing. Attorney will not bill County fix the
time and expenses of temporary employees, including so-called "Temps" or contract attorneys or
other staff !Tom outside companies, nor "outsource" or delegate work, nor charge lor Sllnmler
assoc iates. 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. Cnlcss
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.
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9. Conlidentiality and publie relations: Attorney is not authorized to waive or release any
privilege or other protection of information - confidential, secret, or othef\vlse obtained from or
on behalf or County. Attorney is 10 keep all confident13l, privileged, or secret information
contidentlaL This requiremcnt is pcrpctual, i.e., it will continue even after the termination of the
relationship and this Agreement. This requirement is also intended to prohibit Attorney trom using
information obtained from or on behalf of County, including work product prcpared at County's
expense, for other client's of Attorney or his or her fmn, without County's advance written approval.
Attorney is not authOrIzed to identify County as a County, e.g., for purposes of marketing or
advemslIlg, \vithout County's prior approval. Upon terminatIon of the representation. Attorney
agrees to return promptly all information obtained from or on beha]fofCountyto County. Attorney
is not authorized to communicate with the rmh1ic, including the press, about County or this mailer
without the advance approval o I' County.
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10. Ownership of Attorney files and \\'ork product: Attorney understands that all files and
work product rrcpared by Attorncy or his or her tlrm at the cxpense ofCounty (or lor which County
is otherwise hilled) is the property of County. Without County's prio r 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 thc normal course of Attorney's representatIon of County in tnrs mattcr.
Attorney agrecs that County owns all rights, including copyrights, to materials preparcd by County
or by Attorney on behalf of County. Attorney shall notity County in writing at least 60 days in
ad vanc e of de st ro ying any s uc h reco rds and, in t hc event tha t Co u nt y req u es t s t 11<1 t t hey be preserved,
shall prcservc them at least one additional year (with County responsible for paying the actual eost
of storagc). Attorney shall provide County With prompt access to (including thl,; ability to makl,;
copies of) all attorney files and work product, regardless of whether the represcntation or matter is
ongoing and whether attorney tces and expenses have been paid in full.
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11. Dispute resolution: Attorney and County agree that all disputes rcgarding Attorney's iCes
or expenses arc to be resolved pursuant to lhc procedures and practices for mediation by the
Attorney Consumer Assistance Program of the r10rida Bar.
12. Covcrning la'...., modification of this Agreement, entire agreement: This Agreement is
to be int crpretcd in accordance with the ]avv's 0 I' Florida and with the ethical requirements of that
jurisdiction. The Agreement may not be modified in any way without the express, written agreement
of both parties. This represems the entire agreement of the parties.
13. Y1onroe County Code 'Ethics Provisions: This provision is f<lLlnd in Section] 8.8 bekm'.
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I 14. Time Keeper Defined: As used in this Agreement, the term "time keeper" shall include
2 Attorney and other attorneys and individuals identified in I<:xhibit A who wi)] be providing services
3 under this Agreement and who will bill the County for their services in accordance with this
4 Agreement.
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15. \fethods of Appro -val and Consent By County: Any consents or approvals required by this
Agreement to be made by the County shall, unless the context expressly states otherwise, be made
by the County Attorney or an authorized Assistant County Attorney in written form, to inelude but
not limited to hand-\\Titten, typed, or printed notes, electronic mail, letters, or facsimile
transmiss io ns.
16. Florida Government-in-the-Sunshine Law: Attorney agrees that, unless specifically
exempted or excepted by Florida law, the provisions of Chapter 120, F10nda Statutes. generally
require full and public discu,",sion of matters to b<.: voted upon by the Board of County
Commissioners. Attorney agrees to consult with the County Attorney's office concerning the
application ofthc Sunshine law fi'om time to time concerning specific circumstances that may arise
during the term of this Agreement.
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17. Florida Public Records Law: Attorney agrees that, unless specifically cxempted or
excepted by Florida law or Rules and Regulations ofThc Florida Har, the provisions of Chapter 119,
FlOrida Statute,"" generally require public access to all reeords and documents which may be made
or received under this Agreement. Attorney agrees to eonsu]t with the County Attorney's oJlite
concerning t he application 0 f the Public Records Law from time to t\1ne concerning specific
circumstances that may arise during the term of this Agreement.
18. County's Standard Contract Terms:
28 18.1 No Assignments, Without the prior wrillm consent fyom the County, Allomey shall
29 not assign or transfer thlS Agreement.
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31 18.2 Entire Agreement. The entire agreement bet ween the County and Attorney with
32 respect to the subject mailer hereofis contained in this Agreement. This Agreement supersedes all
33 prior oral and written proposals and communications between the County and Attorney related to
34 this Agreement. No provision of this Agreement shall be deemed waived, amended or modificd by
3S eithcr party unless such waiver, amendment or modification is in writing and signed by the party
36 against whom the waiver, amendment or modification is claimed. This Agreement shall be binding
37 upon and inure to the benefit of the pm1ies hereto, their permitted successors and assigns.
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39 18.3 Severability, Ifa term, covenant, condition or provision of this Agreement shall be
40 declarcd invalid or unenforceable to any extent by a court of competent jurisdictIon, the remaining
41 terms, covenants, conditions and provisions of this Agreement shall not be aflcctcd thereby; and
42 each remaining term, covenant, condition and provision of this Agreement shall be valid and shall
43 be enforceable to the fullest extent pennitted by law unless the enforcement of the remaining terms,
44 covenants, conditions and pro\.'ision of this Agreement would prevent the aecompl ishment of the
45 original intent of this Agreement. The County and Attorney agree to reform the Agreement to
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replace any stricken provislOn with a valid provision that comes as elose as possible to the intent of
2 the strickcn provlsion.
3 18.4 Captions. The captions set forth herein arc lor convenience ofrefercncc only and shall
4 not define, modify, or limit any of the tcnn<; hereof.
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6 18.5 Governing Law and Venue, This Agreement shall be governed by and construed in
7 accordance with the laws of the State of Florida applicable to contracts made and to be performed
.s ent ircly in the State. Venue for any legal action which may arise out of or under this agreement shall
9 be in Monroc County, Florida.
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II 18.5.1 Conflicts in interpretation. The County and Attorney agree that, in the
12 event ofconilieting interpretations of the terms or a lern1 ofthlS Agreement by or between them., the
13 final inlerpretation by the County shall apply.
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15 18.5.2 Adj udication of Disputes and Disagreements. The County and Attorney
16 agree that all dIsputes and disagreements between them shall bc attempted to be resolved by a mcet
17 and conter sess ion betwecn reprcsentatives of the County and Attorney. ] r the issue or issues arc
I X still not reso lved to the satisfaction of both within 30 days after the meet and confer session., then
19 either shall have the right to seek such relief as may be provided by this Agreement or by Florida
20 law.
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22 18,5,3 Cooperation. In the event any administrative or legal proceeding is instituted
23 against either the County or Attorney relating to the formation, execution, performance, or breaen
24 of this Agreement, the County and Attomcy each agree to participate, to the extent required by the
25 othcr, 111 all proceedings. hearings, processes, meetings, and other activities related to the substance
26 of this Agreement. The County and Attorney each agree that neither sba!l be required to enter into
27 any arbitration proceedings related to this Agreement or any Attachment or Addendum to this
2S Agreement.
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30 18.5.4 J ,egal Obligations and Responsibilities; "on-delegation of Constitutional
J 1 or StatutofJ' Duties. This Agreement is not intended to relieve, nor shall it be construed as
32 relievmg, cither the County or Attorney from any obligation or responsibility imposed upon each
33 by law except to the extent of actual and timely performance thereof by the other, in \vhich case the
34 performance may be o-A-'ered in satisfaction of the obhgation or responsibility. Further this
35 Agreement is not intended to authori7.e, nor shall it be construed as amhori7.ing. the delegation of
36 the constitutional or statutory duties orlhe County., except to the exterll permitted by the Florida
37 Constit ution, state statutes, case ]a v." , and, speeifiea ny, the proviSj(lIlS of Chapter 125, Florida
3X Statutes.
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40 HU, Attorney's Fees and Costs. [n the event any administrativc proceeding or cause of
41 action is initiated or defended by the County or Attorney relative to thc enforcement or interprctation
42 0 I' this Agreement the prevailing party shall be cnt it led to an award of reasonable attorney's ICes,
43 court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing patty,
44 and s h OJ. 11 in elude re aso na h Ie atto rn ey' s tee s. co u [1 costs. in vest igati vc, and 0 u t -0 j:- po c let ex pcnses
45 in appellate proceedings. Mediation procecdings initiated and conducted pursuant to this Agreement
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or as may be required by a court of competent jurisdiction shall be conducted in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
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18.7 Records. Attorney shall maintain all books, records, and documents directly pertinent
to performance under this Agreement, me luding the documents referred to in Sections 5.4 and 10
of 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 sha 11 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 undcr this Agreement for the purpose of conducting a complete independent
fiscal audit. Attorney shall retain all records required to be kept under this Agrcemcnt for a
minimum of five years, and for at least four years after the termin<ltion of this agreement. Attorney
shall keep such records as arc necessary to document the performance of the agreement and
expenses as incurred, and givc access to these records at the request of the County, the State of
Florida or authorued agents and representatives of said government bodies. It is the responsibility
of Attorncy to maintain appropriate records to insure a proper accounting of all collections and
remittances. Attorney shall be responsible for repaymcnt of any and all audit cxceptions which arc
identified by the Auditor General for the State ofF]orida, the Clerk of Court tor Monroe County,
the Board of County Cormnissioncrs for Monroc County, or their agents and representatives.
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18.7.1 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 m Chapter 119. Florida Statutes, and made or received hy the
them, unless specifically exempted by State Statute, Rules and Regulations of The Florida Bar, or
case law. County shall have the fight to cancel this agreement upon violation of this provision by
Attorney.
18.8 Monroe County Code Ethics Provision. Attorney warrants thm he has not
employed, retained or olhcT\visc had act on his behalf any former County officcr or employee in
violation of Section 2 oi"Ordinance No.1 0-1990 or any County oiliccr or emp]oyee in violation of
Section 3 ofOrdjnance No.1 0-1990, For breach or violation of this provision the County may, at
its discretion, terrmnate tillS Agreement without liability and may also, at its discretion, deduct from
the "urns owed under the Agreement, or otherWise recover, the full amount of any tee, commission,
percentage, gift. or consideration paid to the former or present County officer or employee. County
employees and otIicers arc requin::d to comply with the standards of conduct delineated ill Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance or girts, doing
husiness with one's agency, unauthorized compensation, misLlse of public position, conflicting
emp loyment or contractual relationship, and disc losure of certain information.
18.9 Authority, Attorney warrants that he and the authorized time keepers arc authorized
by law and the Rules and Regulations of The rlorida Bar to engage in thc performance of the
activities encompassed by this Agreement. ] l' Attorney is a member 0 l' a law finn. either as partner,
shareho lder, assoc iate, or other rclat ionship, Attorney warrants that he is authorized to enter Iflto this
Agrecment hy Attorney's law lirm.
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18.10 Public Entit)' Crime Statement. Florida law provides that person or affilIate who
has heen placed on the convicted vendor list following a conviction for public entity crime may not
submit a bid on an agrecment to provide any goods or services to a public cntity, may not submit
a bid on a agrcement with a public entity for the construction or rcpair of a public building or public
v.'ork, may not submit bids on kases of real property to public entity, may not be awarded or
perform viOrk 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 0 r the threshold amount
provided in Section 287.017, for CATEGORY TWO tor a period of 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.
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18,11 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 employce or otliecr of the County has any interest.
financially or othenvise, in this Agreement, except as expressly stated herein. ror 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, brokeragc or contingent fee.
18.12 \lodil1cations and Amendments. Any and all modifications of the terms of this
agreement sha1l only be amended in writing and executed by the Board of ('ounty Commissioners
for Monroe County and by Attorney.
18.13 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. ');0 statement contained in this Agreement shall be construed so as to find Attorney or any
of the authori7.ed 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 benefit sol' employees
of Monroe Co un tv.
18.14 Compliance with I,aw. ln 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 herealler adopted. Any VIolation
ofsaid statutes, ordinanccs, rules or regulations shall constitute a material breach of this Agrcement
and shall entit Ie t he County to terminate this Agreemcnt immediately upon delivcry of written notice
of terminatIon to Attorncy,
18.15 Licensing and Permits. Attorney warrants that Attorney shall have, prior to
commcncement of work under this agreement and at all times during said work. all required licenses
and permits v,'hether federal, state, County or City.
18.16 Non-Discrimination. Attorney shall not discriminate, in its cmployment practices
and ltl providing services hercunder, on t'he basis of race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall
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I abide by all federal and state laws regarding non-discrimination. Upon a determination by a court
2 of competent jurisdiction that such discrimination has occurred. this Agrccment automatIcally
3 temtinates without any further action by the County, effective tht date () Cthe court order. Attorney
4 is awarc of the provisions ofSeetion 13-101 through 13-106, Monroe County Code, relating to non-
5 discrimination, and agrees to abide by the Code's non-discrimination requirements.
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7 18.17 Clai ms for State or Federal Aid. The County and Attorney agree that each shall be,
R and is. empowered to apply for, seek, and obtain federal and state funds to further thc purpose of this
9 Agreement. provided that all applications. requests, grant proposals. and funding solicitations by
10 Attorney shall be approved by the County prior to submission.
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12 18.18 :\on-ReJiance by Non-Parties. :t\o person or entity shall be entitled to rely upon the
1:\ terms, or any of them. of this Agreement to enf()rce or attempt to enforce any third-party claim or
14 entitlement to or benefit of any service or program contemplated hereunder, and thc County and
15 Attomty agru: that neither the County nor Attorney or any officer, agent, or employee of each shall
16 have the authority to inform. counsel, or othenvise indicate that any particular individual or group
17 of individuals. entity or entities, have entitlements or benefits undcr this Agreement separatc and
IS apan, infcnor to, or superior to the community in general or for the purposcs contemplated under
19 this Agreement.
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21 18.19 Attestations. Attorney agrecs to execute such documents as the County may
22 rcasonable require, including a Drug-Free Workplace Statement, and a Public Entity Crime
23 Statement.
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25 18.20 Signatures of Parties Required. This Agreement shall not be cfkclive until
26 executed by both County and Attorney and received in final executed !i:JITfl by an authorizc;d
27 repre sentat ive 0 f c: 0 unt y.
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29 18.21 County Authority. This Agreement has bcen at a duly noticed and legally held
30 public meeting conducted in Monroe County, Florida.
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32 18,22 No Personal Liability. No cov'enanl or obligation contained in this Agreement shall
33 be deemed to be a covenant or obligation or any member, officer, agent or employee ofthe Board
34 Of County Commissioners of Monroe County in his or her individual capacity and no member.
35 officer, agent or employee ofthc; l30ard OfCounty Cotmnissioncrs ofMO!lf()C County shall he liable
36 personally on this Agreement or be suhject to any personal liability or accountability by reason of
:\ 7 t he execution 0 f this Agrccment.
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:\9 18.23 Execution in Counterparts, This Agrcement may be executed in any number of
40 counterparts, each of which shall be regarded as an original, all of whleh taken together shall
41 constitute one and the same instrument and the County and Attorney may execute this Agreement
42 by signing any such counterpart.
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THIS AGREE"IF.NT has been signcd and cxccuted by the Board of County Commissioncrs
of \1onroc County, Florida, and has been signed and executed by Attorney, on thc dates indicated
helm\'.
BOARD OF COUNTY COMMISSIONERS
OF :\10:\'ROE: COUNTY, FLORIDA
ATTEST:
DA:\:\Y L. KOLHAGE, CLERK,
BV:
Charles "Sonny" McCoy, Mayor
By:
Date:
Deputy Clerk
Date:
\Vitnesses lor Attorney:
ATTORNEY Sl'.L;.\;'Hc;N J. ~'lOCHC: I P, c_
i)V.'- "
SIgnatUre
~.. .~
J"
. _:,~
Signature
Stephen Moore
Printed Name
Printed Name
Mailing Address
l'iOQ ]"J.der~; or~ Grand Uuj :.ding__
Signature
112S Cra.T1d Avo..
PrintcJ ?\"amc
----L:i.ns-d " ( 'i t- Y ~10 _ (, Ll 1 () i\
City/State/ZIP .
MONROE C' UN",,"'", . , _
AP~ r"" ,'"'"> fUhf;!::.",/
.~'.~ A.. IQ F-rJniA.'/
/ ,,"
/ ! /"'"
R BEAT 8 S'H/iU",.lc~--~-
ASSISTAt:.)r ~;;)," NGER, JA --,.
Oale_______ !-'../..'~Z::r~' nORNE \'
-- ~ ~
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Attachment:
AMENDVlE~TS
TO
AGREEMENT ~UMBER CAY LIT 2006-02-01
2. (add to Line :3) As provided in Exhibit A, Attorney practices with others who also
will provide services to County. Attorney understands that County expects that Attorney will be
responsible for managing and coordinating representation with lead counsel (Robert H. Freilich,
Special 1.and Use Counsel of Paul Hastings, Los Angeles) and others within Attorney's firm
with the tenns of this Agreement and ethical requirements, preparing and substainting all bills,
and communication with Counly. Except as provided in Exhibit A, Attorney may not delegate or
outsource this work without Cull wriUen disclosure la, and prior written approval from the
County.
MONROE COUNTY, FLORIDA
STANDARD LEGAL SERVICES ACREEMENT
(LlTIGA TION)
AGREEMENT NUMBER:
CA Y LIT 2006-02-0 I
EXHIBIT A
Litigation Identification:Thomas Collins, et al. V. Monroe County, CA M 04-379.
References:
3.2: Limitations to Scope of Representation: Robert Freilich shall serve as lead counsel; County
Attorney's otlice shall serve as co-counsel.
3.4: County expectations and goals: Prompt, efficient. competent representation as
()o-
(aunse!.
4, : Attorney's Hourly .Fee Rate: Stephen Moore $ 23 S. 00 ?ut of Ccurt; ~?2H 5.00 Deposition am:
In-couLL. Associates: $155.00; $195.00 for Trial or De[X)sition.
4.4: Approved Additional Time Keepers;
Name:
Dovid 1~(~l:Jw, Paralegal
Elizabee1 A. ~bran,
Graduate Law Student
Hourly Rate:
$Co. 00
$50.00
8.4: County Point of Contact:
Robert B. Shillinger
Assistant County Attorney
P.O. Box] 026
Key West, FL 33041-1026
(305) 292-3470
(305) 292-3516 (fax)
S hi II in ger - I3ob@rnonroeeoLlnty-fl.gov
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County Representative
Date: ? - 0~ .0'
ST;::;PHEN J. .MOORE,
.P.c.
Attorney
Date: 'i ,f' J~
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