Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17. 2008
Bulk Item: Yes XX No
Division: Airports
Staff Contact Person: Peter Horton/Pedro Mercado
AGENDA ITEM WORDING:
Approval of the first amendment to the Gunster, Yoakley and Stewart, P.A. engagement agreement for
outside legal services.
ITEM BACKGROUND:
The BOCC approved the original engagement agreement Gunster, Yoakley and Stewart, P.A. at the
August 20, 2008 regularly scheduled meeting. The engagement agreement requires that Gunster
Yoakley obtain approval from the County prior to adding a timekeeper whose time can be charged
against the agreement. The County has to approve of the timekeeper and the hourly rate. In this
instance, Gunster Yoakley is seeking approval to add a paralegal at the rate of $120.00 per hour. The
administrative hearing at which Gunster Yoakley will represent the County is set for January 5-7.
Depositions are currently scheduled through December. The paralegal will be able to provide a variety
oflegal services including, but not limited to, research, scheduling and writing at a fraction of the cost
of having an attorney provide the same services.
PREVIOUS RELEVANT DOCC ACTION:
Approved the representation agreement with Gunster Yoakley.
CONTRACT/AGREEMENT CHANGES:
Adds a paralegal to the list of timekeepers whose time can be charged against the agreement
STAFF RECOMMENDATIONS:
Approve
TOTAL COST: Up to $100.000
BUDGETED: Yes
No XX
COST TO COUNTY:N/A
SOURCE OF FUNDS:FAA
REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH Year
APPROVED BY: County AlrJf""- OMBlPurchasing _ Risk Management _
DOCUMENTATION: Included XX NotRequired_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Gunster Yoakley & Contract #_
Stewart, P.A. Effective Date: 12/17/2008
Expiration Date: Until terminated
Contract Purpose/Description:
First Amendment adds a paralegal to the list of timekeepers whose time can be charged
against the agreement. Original engagement agreement approved 8/20/2008 for counsel
to represent the County before DOAH in the administrative appeal of the issuance of the
SFWMD permit for the Runway Safety Area Improvement Proiect at KWIA
Contract Manager: Peter Horton 3518 Airport
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 12/17/2008 Agenda Deadline: 12/2/2008 (Rev. 12110/2008)
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesD No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director \ I ~'2.b~o% Y esD Noli{]
Risk Mllilllll,eme~ I iJ,6d Y esO No~
K- ~ ~f LL..J /
O.M.B.IPurch'*ing ~O<< YesD NolStJ
County Attorney r:v\\\A YesD NO~
Date Out
Comments:
::l(~r~~~~,~ ~.A1
. ~ "(
FIRST AMENDMENT TO AGREEMENT DATED
AUGUST 20, 2008 BETWEEN MONROE COUNTY AND
GUNSTER, YOAKLEY AND STEWART, P.A.
On this day of . 2008~ A.D.~ the Board of County Connnissioners of Monroe
County, Florida~ as the legislative and governing body of Momoe County, Florida., and in accordance
with the powers enumerated in Section 125.01, Florida Statutes ("County") and Gunster, Yoakley and
Stewart, P.A. ("Attorney"), hereby entered into this First Amendment to their agreement dated August
20, 2008.
NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the
parties amend the August 20, 2008 agreement as follows:
1. Paragraph 6.3 Hourly Rates and Changes to hourly-rates, is amended to add an additional timekeeper
as follows:
6.3. Hourly Rates. and Changes to hourly rates
Hourly rates for ATTORNEY and additional Timekeepers will be set at:
Approved Time Keepers:
Name~
Marisa K. Bennett
Christopher P. Benvenuto
William L. Hyde
Robert A. Malinoski
Luna E. Phillips
Suzan Prince
Brian M. Seymour
Michelle McLeod
Hourly Rate:
$200.00
$300.00
$350.00
$275.00
$325.00
$170.00
$425.00
$120.00
Associate
Associate
Partner
Associate
Lead counsel for the finn/contract manager
Paralegal
Shareholder
Paralegal
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 marmer as Agreement.
2. All other paragraphs not amended herein shall remain in full force and effect.
3. THIS FIRST AMENDMENT to the Agreement dated August 20, 2008 shall become effective when
executed by both the ATTORNEY and executed by the Board of County Commissioners of Monroe
County, Florida.
Attest:
Darmy L. Kolhage, Clerk
Board of County Commissioners
of Monroe County, Florida
By:
Deputy Clerk
By:
George Neugent, Mayor
Date:
For the Attorney,
Gunster, Yoakley and Stewart, P.A..
(;I,1J. cqM;!/fH~
Print Name /- ;.
Date: II # t)f?
( /
By;c9.4
~lCG1'\ ).(. ~~CVV' I ~~ hE / W
Print Name & Title
Date: 1(/;.1 Joe(
, ,
AGREEMENT BETWEEN MONROE COUNTY AND
GUNSTER, YOAKLEY & STEW ART, P.A.
TIllS AGREEMENT, made and entered into this :JI/I:! da"y of tlv-rfk2f-: 2008, by and between the
BOARD OF COUNlY COMMISSIONERS OF MONROE COUNTY, FWRIDA, ("COUNTY"). a political
subdivision of the State ofFlotida whose address is 1100 Simonton Street, Key West, Florida 33040, and
GUNSTER" YOAKLEY, & STEWART, P.A ("ATTORNEY regarding the retention of ATIDRNEY 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:
] . THE CLJENJ
The Client is the COUNTY, acting by and through it's duly elected and appointed officers and its employees.
2. THE AITORNEY
A TIORNEY is the professional association named above and whose legally authorized signature appears at the
bottom of this Agreement A TIORNEY is licensed to practice law in Florida. ATTORNEY has been
retained specifically because A TfORNEY is understood by COUNTY to be able to handle this matter.
If A TfORNEY practices with others who may also provide services to COUNTY, he or she understands
that COUNTY expects that AITORNEY 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 commWlicating with COUNTY. AITORNEY may not outsource this work without full written
disclosure to, and prior written approval from, the COUNfY.
3. TERM OF AGREE1\.1ENT
This Agreement and representation by ATTORNEY is effective upon execution by AITORNEY 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
A TIORNEY in accordance with ethical requirements and/or the tenns of this Agreement
4. SCOPE OF THE WORK
ATfORNEY shall provide legal services and advice to COUNTY regarding the administrative challenge,
Protect Key West and the Florida Keys, Inc. d/b/a "Last Stand" vs. South Florida Water Management
District and Monroe County Florida concerning the COUNTY's Enviromnental Resource Pennit,
SFWMD permit No. 44-00149-8 and application No. 070402-30 and related administrative hearings and
all appeals. The Scope of Work shall be limited to this specific engagement unless otherwise agreed by
A ITORNEY and COUNTY in writing.
4.] 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 tenus and conditions set forth in these contract documents. ATTORNEY
FTL 346225.4
shall designate an individual attorney to be the contract manager for each matter and the contract manager
shall at all times ex.ercise independent, professional judgment and shall assume professional responsibility
for the services to be provided. A TIORNEY 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 Management oHime keepers
A1TORNEY 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 all ethical obligations set forth in the Rules of Professional
Responsibility of the Florida Bar.
5. REVIEW OF ETIllCAL OBLIGATIONS AND POTENTIAL CONFLICTS OF INTEREST
BEFORE INITIATING REPRESENTATION
A TIORNEY has conducted a thorough investigation and determined that neither A ITORNEY nor his or her
fino has any ethical impediment, real Or potential, including but not limited to conflicts of interest, to
n.:presenting COUNTY. To the extent that any ethical impediment, real or potential, is discovered or ever
arises, A TIORNEY shall immediately inform COUNlY in writing of the impediment (regardless of whether
ATTORNEY believes he or she has taken all steps necessaJY to avoid the impediment and regardless of
whether ATIORNEY believes that the impediment is insubstantial or questionable), make full disclosure of
the situation to COVNrY, 'obtain COUN1Y'S express, written consent to continue the representation of the
other client, and take aU other reasonable steps to avoid or mitigate the impediment Notwithstanding the
furegoing, COUNTY understands and agrees that A lTORNEY may in the future represent clients before
COUN1Y in I,l11related matters. COUNTY agrees to consider reasonable waivers of these conflicts in accordance
with Rule 4-1.7 of the Rules of Professional Conduct of The Florida Bar, a copy of which is attached as Exhibit
"A", as such Rule may apply to the particular matter.
6. PAYMENTS TO A TIORNEY
A ITORNEY 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 offunds.
6.1 Attorney Fee (Hourly)
A lTORNEY will be paid for his or her services based on the number of hours expended on behalf of
COUNlY (rounded to the nearest tenth hour for each time entry), not to include time billable to or
compensated by other clients, multiplied by the AITORNEy'g hourly rate. The following minimum
billing documentation and time-keeper requirements are a condition precedent to payment by the
COUNTY.
FfL 346225.4
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. .
6.2_ Non-billable time
A TTORNEY 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 hilling questions
is not billable. Time expended by time-keepers who have not been approved by COUNTY is also not
billable.
6.3. Hourly Rates. and Changes to hourly rates
Hourly rates for AITORNEY and additional Timekeepers will be set at:
Approved Time Keepers:
Name:
Marisa K. Bennett
Christopher P. Benvenuto
William L. Hyde
Robert A. Malinoski
Luna E. Phillips
Suzan Prince
Brian M Seymolrr
Hourly Rate:
$200,00
$300.00
$350.00
$275.00
$325.00
$]70.00
$425.00
Associate
Associate
Partner
Associate
Lead counsel for the firm/contract manager
Paralegal
Shareholder
A ITORNEY 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 set forth above are those current hourly rates charged to other clients of AITORNEY.
A ]TORNEY does not have a special government rate that is applied to all governmental entities who
may be a client of A ITORNEY., but agrees that if A 1TORNEY creates a special government rate for the
time keepers set forth herein or subsequently approved, that rote shall apply to COUNTY in this JIlatter.
6.5. Time keepers
As used in this Agreement, the term "time keeper" shall include ATTORNEY and other A ITORNEYS
and individuals identified in paragraph 6.3 of this Agreement who will be providing services under this
Agreement and who wilI bill the COUNTY for their services in accordance with this Agreement.
6.51. Duplication of effort
Unless advance COUNTY approval is obtained, AITORNEY 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. However, with advance COUNTY approval, ATTORNEY may
have more than one time-keeper present at the administrative hearing in this matter and each attorney and
timekeeper shall be paid at their rate established in paragraph number 6.3. In the event that more than one
person attends, only the time of the person with the lowest rate will he binable. 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.
FTL 346225.4
3
6.5.2. Time-keeper changes
Time-keepers approved by the COUNTY ~ listed in paragraph 6.3 of this Agreement, and may be amended
from time to time, upon mutual agreement of the COUN1Y and the A TIORNEY, 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 bourly rntes shall be provided to COUNTY in advance, and, upon 'Written
approval by the COUNlY, 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. Existing work product
To the extent the ATTORNEY makes use of existing work product, e.g., in the form of research
previously performed for another cHent, then A TIORNEY 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
A rrORNEY shall comply with the following requirements as to billing fees and expenses as a condition
precedent to COUNlYlS 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
ATIORNEY within fifteen (15) 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. Bin format
AITORNEY 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.
fTL 346225.4
4
7.2.2 fe:rsonnel
Clearly identify each tilnekeeper peIformiog services in conjunction with each entry. Clearly identify aU
pemons who are not full-time Jawyef15 employed by the ATTORNEY'S firm (including pamJcsals,
employees of A'ITORNEY with their titles, subcontractors. independent contractms, temporaIy
employees, and oublOUlCUlg providers). Pmonnel who are DOt Iismd as additional timekeepers will not be
paid unless approved in writing under the requirements ofthirs Asreemont.
,,0/.2.3 lime Records
Record the time e:tpendcd by baCh dme..Jreeper se,paIa1cly. In those situatioos wh<<e the minimum billirlg
increment exceeds the actual time spent on a task and sevetal of these '1ninor" tasks lml performed, it is
expected that the services will be aggregated until the total actual time spent moel8 the minimum billing
increment.
7.2.4 Totals and Bv Task
State the amonut of time expended by each t:ime-Jreepcr broken down for each task..
7.2.S Summa\)' of Rates
In a sl1IDIllllly at the beginning or end of the bill. provide the current hourly late for each thne-keeper, tho
total time billed by eawb timo-keeper in that bill, the product of the total time and hourly rate for eacl1
time-keeper, the total fees charged, and reconciliation between the amount chaIged and any applicable
estimated or budgeted umc;mtt by 1ask. In addition, each mombly ~ should show the asgregQte
billing fur that matter from tOO C01JUlUlDOCJDeD of'the matter tbroush 1he ~-biUed nt()Jltb.
1.3. &oensC<S
COUNTY will pay the actual. :reesonable cost of the following expense items if incurred in accon:lance
with the guidelines below (a copy of'1hc funn osed by 1110, CouDly is provided for your convenience as
"Bxhibit Bj and promptly i1emized in A1TORNEY'S monthly bill:
1.3.1 Reimbursable exoens~
A<mml cost for necessaty long distanco telephone calls, telecopying at $,25 per outgoing page. owmigbt
or expedited deliveryp couriers. photocopying at $.15 per page. posIagc, oourt fees. and other apeoses
approved in ad\'8nce by COUN'lY. In order to receive reimbwsement Attorney must attach copy of
invoice from ovemigbt or expedited deliVCl'y~ couri~ Joog distance carriers and indicating which caDs
are related to this agme,ment. AU cl)arges shall be RaSOl1B.bly documented on invoices to demonstrate that
the charge is related to this agreement.
1.3.1.1. ~ed or etne'J'2eIley services
ATIO.RNBY is expected to avoid using expedited or ernerge:ncy services, such as express delivery
services. couriers. telecopying. overtime, and so on, unless necessary because of unexpected
developments or extremely short deadlines. COUNTY may ret:hse to pay for any such expenses whBn
~ routinely or because of A1TORNEY'S :fuil:ure to manage the matter efficiently.
'I'
FTL346225-2
5
7.3.1.2. Computerized research
ATrORNEY is expected to use oomputerized resea.rch services cost..e:lfect:ively to reduce time spent on
research, for example. while cll>>e1y-moniloriQg: com.puterized research to insure that the ~ are
:reasonable and necessary. ATI'ORNEY is expected to pa8s1brough to COUNTY any discounts or other
arnmgemcnts tbat reduce the cost of eomputerized services. AU clwge$ shall be reasonably documented
on invoices to demonstrate that the charge is related to this aareem.ent.
t
7.3.1.3. P~yinj:
ATrORNEY 18 encouraged to use outside copying services if this will mduce the cast of 18J8&'volnme
COPYin& provided that these expcmes 8l'D efficient, oost-effectivc. and incurred and billed in accordance
with this Agreement. ATI'OBNEY is responsible for insuring that all copying QOmpJics with copyright
obHgations. All chargeg shall be documented on invoices to demonstrate t1urt the charge is related to this
agreement
1.3.1.4. ~~
Transcripts should not be 0Idered without prior approwl :&om COUN1Y. Transcripts should not be
ordDred on an expedited basis unless nocessary and approved in advance by COUNlY. ATroRNEY
should obtain digital electroniclcompu~ed copies of'transcripts when availahle at a. reasonable cost to
a.void cbarging for time spent digesting or indexing: tnmscripts. and to allow COUNTY to maitttain a
digital eIectronicIoomputcrized darabasc afall tr.an!eripts.
.'
7.3,1.5 Travel Expcn&es
Travel.expenses within the ATTORNEY'S local. area. dofined as a. radius of 50 miles from the
timekeepCf'S office. will not be reimbutsed and time in transit is not billable'.
Travel ~ outside the local area may only be reimbwstd if the travel was approved in advance by
COUNTY. Re.i.tnbursablc tmve1 expenses, ifapptOVCd in advance, are the cost of transportation by the
least cxpcnsive practicable means (e.s, coach class air travel); the cost of masonabJe hocel
accommodations,. and tho 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 reimlnmled in accorda:o.ce with the
applicable provisions of Florida S1a.aQ 112.321 fur "approved traveleu" and of the Monroe Coumy
Code Article XXVI awl sha1I be SlU1II1UU'i2:ed on the Monroe County T:mvcl Fonn by A'ITORNEY with
all applicable receipts attached thereto (*See Exhibit B"').
~
7.3.1.6 Tmvel Time
Time ~pent in trans:tt outside A1torncy.s looal area may be billed only if A'ITORNEY or time-keeper is
unable to avoid tmveling by using otbec forms of communication or it is determined by the County that
travel is in the County"s be.rt interest. Travel by :cnon, 1Imn one lime-keeper at b same time to the same
destination is not allowed widwt prior approval from COUN1Y. In order to be reimbursed for airline
tickets. the boarding pass shall be attached to the invoice.
m 346225.2
6
Approved travel time during normal business hours, defined weekdays from 8:30 a.m. to 6:00 p.m., will
be billed at the hourly rate listed for the timekeeper in paragraph 6.3 of this Agreement. Approved travel
time outside ofnonnal business hours will be billed at one-half the hourly rate listed for the timekeeper in
paragraph 6.3 of this Agreement.
7.3.2. Non-reimbursable expenses
The following expenses win in no event be reimbursable without prior written approval by County
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, p.ersonal
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, utilities, 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. sup-port 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 A ITORNEY'S law ftrnl, 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 tenns of this Agreement, including terms 'applicable to ATIORNEY.
AITORNEY will manage others to obtain cost~effective services for COUNTY. Unless otherwise agreed
in writing, A TIORNEY shall obtain a Mitten retainer agreement, in a form which may be specified by
COUNTY, from each service provider, with bills from each provider being sent to both A TIORNEY and
COUNTY.
7.3.2.3 Temporary Staffing
ATTORNEY will not bill COUNTY for the time and expenses of temporary employees, including so-
caned "Temps" or contract ATIORNEYS or other staff from outside companies, nor "outsource" or
delegate work, nor charge for summer associates, law clerks, or student clerks, (conectively "temporary
staff" even if not temporarily employed) without fulJ advance disclosure of the employee's temporary or
short-tenn status to COUNTY, including disclosure of the actual amount paid or to be paid to the
individual. Unless COUNTY expressly agrees in writing ro paying additional amounts after full
disclosure by ATTORNEY, AITORNEY may not charge COUNTY more than the actual cost paid by
A TIORNEY.
7.3.2.4. Expenses not passed 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).
FTL 346225.4
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7.3.2.5. Overhead not charged to Coun~
COUNTY will not pay for any "expense" items that are in fact part of AITORNEY'S overhead, which
should be included within A TIORNEY'S fee, the detennination of which expenses faIl into this category
are strictly within the discretion of the COUNTY.
7.3.3. Advance approval 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
AITORNEY 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 A TIORNEY.
7.3.5. Expenses (and fees) after termination
Upon termination of the representation, ATTORNEY shall promptly bill COUNTY for any remaining
reimbursable expenses and fees. COUNTY may refuse to pay any fees or expenses not billed within 45
days of termination of the representation. AITORNEY is also expected to cooperate promptly with all
aspects of tennination and, if applicable, transition to other counsel. Payment for fees and expenses is
contingent upon prompt, full cooperation.
7.4. Bill and ex~nse documentation
A TIORNEY must maintain supporting documentation for invoices until at least one year after the
tennination 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 A TrORNEY' S fees and expenses,
e.g., by responding promptly and completely to any questions COUNTY or its designated representative
may have. A TIORNEY 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 A TfORNEY for expense items generated by A TIORNEY or his or her fInn. COUNTY
reserves the right not to pay any fee or expense item for which sufficient documentation or expense item
for which sufficient docrnnentation is not available to determine whether the item was necessa:ty and
reasonable.
FTL346225.4
8
7.5 Entertainment
ATTORNEY shall not be reimbursed for costs of entertainment, such as in room movies and alcoholic
beverages. Furthermore, only meals for ATTORNEY and/or approved timekeeper shaH be reimbursed in
accordance with the provisions in this Agreement.
8. PA~ENTTERMS
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 ATTORNEY
remedies its deficiencies.
9. MATTER MANAGEMENT
COUNTY will expect that all communications between AITORNEY, and additional timekeepers, and
COUNTY will be reviewed by ATTORNEY and that A TIORNEY will serve as the point of contact for
this matter, including billing questions. The COUNTY contact for this Agreement shall be:
Assistant County Attorney Pedro Mercado
1111 12111 Street, Suite 408
Key West, Florida 33040
(305) 292-3470 (office)
(305) 292-3516 (facsimile)
Mercado-Pedro@monroecounty-fl.gov (email)
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
A TIORNEY copies of all orders, opinions, pleadings, briefs, memoranda (internal and external),
correspondence, and any other document material to the subject matter of this Agreement, sllch that the
COUNTY will have a current, up-to-date, "mirror" copy of the COUNTY'S file maintained by
A rrORNEY. For discovery materials or exbibits that are lengthy, ATTORNEY should discuss them with
COUNTY before providing a copy. Documents available :in digital electronic/computerized fonn 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 fonn required by the COUNlY
ATTORNEY.
9.2. Case control
ATTORNEY shall discuss all significant issues of strategy and tactics, including motions, discovery,
pleadings, brief.., trial preparation, experts, and settlement, with COUNTY before implementation.
A lTORNEY is expected to exercise independent professional judgment.
FTL 346225.4
9
9.3. A TIORNEY cooperation
A rrORNEY will cooperate with COUNTY or COUN1Y'S representatives to promptly provide an
infonnation COUNTY requests or needs about the subject matter of this Agreement and A TIORNEY'S
bjJls and handling of the matter.
9.4. COUNTY cooperation
ATTORNEY shall be lead counsel on the matter; however, ATIORNEY agrees 1hatthe lawers employed
by the Monroe County Attorney's Office may enter an appearance as co-cDUTIseJ in the matter.
ATfORNEY 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.
10J Prohibition against use of information
This requirement is also intended to prohibit A TIORNEY 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.
10.2 No use of County for marketing purposes
ATTORNEY is not authorized to identity COUNTY as a COUNTY, e.g., for purposes of marketing or
advertising, without COUNTY'S prior approval.
11. OWNERSHIP OF ATTORNEY FILES AND WORK PRODUCT
ATTORNEY understands that aU 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 A TIORNEY or his or her fmn to others, except in the normal course of
AITORNEY'S representation of COUNTY in this matter. A1TORNEY agrees that COUNTY owns all
rights, including copyrights, to materials prepared by COUNTY or by ATTORNEY on behalf of
COUNTY. A TIORNEY 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, shan preserve them at least
one additional year (with COUNTY responsible for paying the actual cost of storage). AITORNEY shall
provide COUNTY with prompt access to (including the ability tD make copies of) all ATTORNEY files
and work product, regardless of whether the representation or matter is ongoing and whether
A ITORNEY fees and expenses have been paid in full.
FTI. 346225.4
10
12. DlSPUT~ RESOLUTION
A TIORNEY 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. Disputes 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 regarding interpretation
COUNTY and ATfORNEY agree that all disputes and disagreements between them regarding
interpret:ltion of the Agreement shall be attempted to be resolved by a meet and confer session between
representatives of COUNTY and A lTORNEY. If the issue or issues are still not resolved to the
satisfaction of both within thirty (30) days after tbe 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.
] 2.3 Legal or Administrative procedures
In the event any administrative or legal proceeding is instituted against either the COUNTY or
ATfORNEY relating to the formation, execution, performance, or brea~h of this Agreement, tbe
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. A TIORNEY 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 affiling 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
A TIORNEY relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to an award of reasonable AITORNEY'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 shalJ be conducted in acrordance 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.
FT'L 346225.4
11
13. NOTICE REOUIREMENT
Any notice required or pennitted 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
1 ] 00 Simonton Street
Key West. FL. 33040
County Attorney
PO Box 1026
Key West, FL 33040
FOR ATTORNEY
Luna E. Phillips and
Gunster, Yoakley & Stewart, P .A.
450 East Las Olas Boulevard, Ste 1400
Fort Lauderdale, Florida 33301-4206
Brian M. Seymour
Gunster, Yoakley & Stewart, P.A.
777 South Flagler Drive, Ste.SOO, East Tower
West Palm Beach, Florida 33401-6194
14. GOVERNING LA W 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 perfonned 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. ENTlRE AGREEMENT
The entire agreement between the COUNTY and A ITORNEY with respect to the subject matter hereof is
contained in this Agreement. This Agreement supersedes aU 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
A lTORNEY agrees that, unless specifically exempted or excepted by Florida law, the provisions of
Section 286.011, 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
A TTORNEY'S office concerning the application of the Sunshine Law from time to time concerning
specific circumstances that may arise during the tenn of this Agreement.
17. FLORIDA PUBUC 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 al1 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.
FTL 346225.4
]2
18. NO ASSIGNMENTS
A TIORNEY 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 shaH 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.] Docwnents forwarded to COUNTY
A TIORNEY agrees to forward to COUNTY along with Notice of T ennination or upon receipt of Notice
of Termination, depending upon which party tenninates 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
AITORNEY agrees not to communicate with the public, including the press, 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 shan 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 lhe enforcement of the remaining terms, covenants, conditions and provision of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY
and A TIORNEY 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. CAPT10NS
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-DELEGA nON OF
CONSTITUTIONAL OR STATUTORY DUTffiS
This Agreement is not intended to relieve, nor shall it be construed as relieving, either the COUNTY or
A ITORNEY from any obligation or responsibHity imposed upon each by law except to the extent of
FfL 346225.4
13
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 shaH maintain all books, records, and documents directly pertinent to peIfonnance 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 not be required (0 provide any materials which
would be required to be kept confidential pursuant to the Rules and Regulations of the Florida Bar or case
law. ATTORNEY shall retain all records required to be kept under this Agreement for a minimum offive
years, and for at least four years after the tennination of this agreement. A TIORNEY shall keep such
records as are necessary to document the performance of its services as set forth in the agreement and
expenses as incurred, and give access to these records at the request oftbe COUNTY, the State of Florida
or authorized agents and representatives of said government bodies. It is the responsibility of
A TIORNEY to maintain appropriate records to insure a proper accounting of all collections and
remittances in this matter. ATTORNEY shall be responsible for repayment of any and all reasonable 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 COl;lDty, or their agents and
representatives.
24. PUBLIC ACCESS
The COUNTY and ATfORNEY 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 bave the right to cancel
this agreement upon violation of this provision by A ITORNEY.
25. MONROE COUNTY CODE El}IlCS PROVISION
A TIORNEY warrants that he or she has not employed, retained or otherwise had act on his behalf any
fonner 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 ] 990. 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.
FTL 346225.4
14
,
, .
"
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 reaJ 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 ofthirty~six (36) months from
the date of being placed on the convicted vendor list. A TIORNEY warrants the neither A ITORNEY nor
any authorized time keeper has been named to the convicted vendor list.
27. ANTI-KICKBACK
A TIORNEY 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 COUNlY 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. MODIFICA nONS 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 shan be in writing and
executed by the Board. of County Commissioners for Monroe County and by ATTORNEY in the same
manner as this Agreement.
29. lNDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, A ITORNEY 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 A TIORNEY 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 A TIORNEY'S obligations under this agreement, A ITORNEY 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 tenninate this
Agreement immediately upon delivery ofwntten notice of termination to ATTORNEY.
FTL 346225.4
15
.'
31. LICENSING
ATTORNEY warrants that ATTORNEY and additional timekeepers do presently have, shall have prior to
commencement of work under tills Agreement, and at all times during said work, all required licenses and
permits whether federal, state, County or City.
32. NON-DISCRIMINATION
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: ]) Tit]e VI
of the Civil Rights Act of ]964 (PL 88-352) which prohibits discrimination on the basis ofrace, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC S8. ] 681-1683,
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 use ss. 610I~61 07) 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 Alcoho] 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,
S5. 523 and 527 (42 use ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patent records; 8) Title VlU of the Civil Rights Act of 1968 (42 ~SC 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-PARTIE~
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 A'ITORNEY agree that neither the COUNTY nor
A TTORNEY 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 pmposes contemplated under this Agreement.
34. ATTESTATIONS
A TIORNEY agrees to execute such documents as the COUNTY may reasonable require, including a
Drug-Free Workplace Statement, and a Public Entity Crime Statement.
FTL 346225.4
16
, "
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
AlTORNEY certifies that it maintains a minimum professional liability coverage for ATIORNEY and
additionaJ timekeepers in the amount of $5 Million. ATTORNEY agrees to keep the same amOllnt of
coverage or more at aU 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 LlABll..ITY
No covenant Of obJigation contained in this Agreement shall be deemed to be a covenant or obligation of
any member, officer, agent or employee of the Board afCounty Commissioners of Monroe County in his
or her individuaJ capacity and no member, officer, agent Or employee of the Board of County
Commissioners of Monroe County shall be Hable 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 whkh 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.
39. EXECUTION BY COUNTY A TIORNEY
Due to litigation" court scheduling constraints and in order to allow A ITORNEY to begin representation
in a timely manner this agreement may be executed by the County Attorney prior to final approval of the
Board of County Commissioners; in the event that the agreement is not approved by the Board of County
Commissioners, A TIORNEY shall submit an invoice for the time and expenses incurred from the date of
execution by the County Attorney until the Board of County Commissioners voted not to approve this
Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
FTL 346225.4
17
,<>
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
By: ~:U: date fi~ wrilt::ove.
SeA. H on Signature
County Attorney for Monroe County, Florida
~y0i
Date:
Print Name
Date:
THE BOARD OF COUNTY COMMISSIONERS hereby ratifY the foregoing Agreement
1.~Monroe County and GUNSTER., YOAKLEY, & STEWART, P A.
,{:1Ji~~~:{ (
(,~S;:".> 1) &@,~",>(.~\~\ Board of County Commissioners
:/',:,',."~".,\J., '~:.:':r/>.::.\ OfM~ecounty/i)?~
'J. 'I..... \;"J1 I
\\.'>;>':~ ..~ 'i:::~iJ. KOLHAGE Clerk B . ~
.:;~~;~;:~ ;'~~D~~'aw'tll6rr
.o.~P}l Cjer1\;
Date: AUlJ i:;'; 0 ZOu8
C!Ju..Vl ( 5+ - ~rj~
Print N e
Md...".: 't't1 S. n~.5~8tJE.
WU..s-+ (oUYY\ '} r:L 36Y7JJ
DATE: <g-(P-bEj
FTL 346215.4
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NATtLEENE W. CASSEL
ASSISTANT COU1TY ATTORNEY
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EXHIBIT "A"
Copy of Rule 4-1.7
(a) Representing Adverse Interests. Except as provided in subdivision (b), a lawyer shall not represent a
client if:
(1) the representation of 1 client will be directly adverse to another client; or
(2) there is a substantial risk that the representation of 1 OT more clients will be materially limited
by the lawyer's responsibilities to another client, a former client or a third person or by a personal
interest of the lawyer.
(b) Notwithstanding the existence of a conflict of interest under subdivision (a), a lawyer may represent a
client if:
(I) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent
representation to each affected client;
(2) the representation is not prohibited by law;
(3) the representation does not involve the assertion of a position adverse to another client when the
lawyer represents both clients in the same proceeding before a tribunal; and ,
(4) each affected client gives informed consent, confrrmed in writing or clearly stated on the record at a
hearing.
I'TL 346225.4
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