Item P06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2121/07
Division: County Attorney
Bulk Item: Yes 1L- No
Staff Contact PersonIPhone #: Bob Shillinger 3470
AGENDA ITEM WORDING: Approval of contract with Paul, Hasting, Janofsky & Walker to
represent Monroe County in matter of Emmert v. Monroe County, CA P 02-520 retroactive to 2/1/06
and approval of payment in the amount of $51,069.10 for work performed to date.
ITEM BACKGROUND: Derek Howard handled the Emmert case for the County when he was at
Morgan & Hendrick He moved to Paul, Hastings in 2006 and has worked on the case since his move.
The proposed agreement was negotiated at the time of his move but. through inadvertence, was not
submitted to the Board for approval. The rate negotiated was $265" per hour for Mr. Howard, $605 per
hour for Mr. Freilich, and $370 per hour for Ms. Paster. With the exception of approximately 2 hours,
the outstanding balance is for work performed by Mr. Howard.
PREVIOUS RELEVANT :ROCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMlVlENDA TIONS: Approval.
TOTAL COST:
$51.069.10
BUDGETED: Yes xx No
COST TO COUNTY:
$51,069.10
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH YEAR
APPROVED BY: County Atty xx
OMBlPurchasing _
Risk Management _
DOCUMENTATION:
Included xx
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
Paul Hastings
ATTORNEYS
Paul, Hastings, Janofsky & Walker LLP
515 South Flower Street. 25th Floor. Los Angeles, CA 90071-2228
telephone 213 6836000 . facsimile 213 6270705 . www.paulhastings,com
(213) 683-6314
ro bettfreilich@paulhastings.com
RECEIVED
March 23, 2006
MAR 2 4 2006
VIA OVERNIGHT COURIER
MONROE COUNTY ATTORNEY
Suzanne Hutton
County Attorney
Monroe County
502 Whitehead St.
3rd Floor Rear
Key West, FL 33041-1026
Re: Rates for Collins v. Monroe Coun,ty ~J.
Dear Suzanne: '\ ~
It is our pleasure to continue our longstandin~lationShip with the Monroe County and
to represent Monroe County in connection with Emmert v. Monroe County. Enclosed is
the signed standard Monroe County contract. Please note the following changes:
Page 1 - deletion of Derek Howard's name from line 8.
Exhibit A - Addition of hourly rates for attorneys Robert H. Freilich at $605 per hour and
Elisa Paster at $370 per hour. Addition of law clerk Eric Schames at $150 per hour and
paralegal Geoff Stern at $160 per hour.
Please initial and date the changes prior to sending us the fInal signed copy of the
contract,
Although we have utilized blended rates in the past, we are now incorporating the
standard Paul Hastings rates. However, because of the range of attorneys that will be
working on this matter, and the number of hours that each attorney will be working, we
can assure you that it is unlikely that our bills will exceed a blended rate of $388,00 per
hour, The attorney rate structure for Emmert v. Monroe County is:
Robert H. Freilich - $605 p/hr.
Elisa Paster - $370 p/hr.
Derek Howard - $265 p/hr.
Paul Hastings
AITORNEVS
Suzanne Hutton
March 23, 2006
Page 2
We anticipate that Derek will be performing over 50% of the work for this matter, while
Bob will perform 30% of the work and Elisa will perform 20% of the work. If this
division of work is performed, it will result in a blended rate of $388.00 per hour.
cc: Robert Shillinger, Esq.
LEGAL_US_ W # 533861631
03/20/2008 10:20 FAX 202 551 1700
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MONROE COUNTY, FLORIDA
STANDARD LEGAL SERVICES AGREEMENT
(LITIGATION)
A,GREEMENT NUMBER:
CAY LIT 2006-02-02
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA, as the
legislative and governing body of Monroe County, Florida, and in accordance with the powers
enumerated in Section 125.01, Flo rida Statutes (the "County") and
~ ''',. - ~,and Paul, HaStings, JanQf$ky, & Walkor. LLP (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 extent ethically permissible, its elected and
appointed officers and its' employees, unless County advises Attorney otherwise. In the event that
Attorney cannot ethically represent individuals in addition to County, Attorney shall advise County
in writing of that fact immediately.
2. Attorney: The Attorney is the individual named above and whose signature appears at the
bottom of this Agreement Attorney is licensed to practice law in all jurisdictions relevant to this
matter. If Attorney practices with othe~ who may also provide services to County, he or she
understands that County expects that Attorney will be respohsible for managing the representation,
assuring compliance of others with the terms ofthis Agreement and ethical requirements, preparing
and substantiating all bills, and communicating with County- Attorney may not delegate or
outsource thi" work without full written disclosure to, and prior written approval from, the County,
3. Matter: AttQxney has been retained by County in connection with the matter described in
Exhibit A. Attorney represents that he or she is competent and available to handle that matter. In
the event that additional matters are assigned by County to Attorney, this agreernent shall apply to
those matters as wel~ unless a separate Agreement is required by the County.
3.1. Review of ethical obligations before initiating representation: Attorney has
conducted a thorough investigation and detennined that neither Attorney nor his or her firm has any
ethical impediment, real or potential, to representing .County_ To the extent that any ethical
impediment, real or potentia~ is discovered or ever arises, Attorney shall immedia.tely inform
County in writing of the impediment (regardless of whether Attorney believes he or she has taken
a.ll steps necessary to avoid the impediment and regardless of whether Attorney believes that the
impediment is insubstantial or questionable), make full disclosure of the situatlot'\ to County, obtain
County's express, written consent to continue the representation 0 fthe other client, and take all step~
requested by County to avoid or mitigate the impediment. Attomeyunderstands that) ifa direct or
indirect conflict of interest arises which, in the opinion of the COl.U1ty, cannot be avoided or
mitigated under the Rules of Professional Conduct of The Florida Bar. County may, in its discretion,
(a) obtain reimbursement from Attorney for all fees and expenses paid to Attomey in this matter;
(b) obtain cancellation of all amounts a.llegedly owed by County to Attorney; and (c) obtain
reimbursement for consequential expenses incurred by County, including the cost of replacement
counsel.
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1 3.2. Limitations to scope of representation: Except where prohibited by the Rules of
2 Professional Conduct of The Florida Bar, the Monroe County Attorney's Office will serve as co-
3 counsel in all matters covered by this Agreement. As co-counsel, the Office attorney's will assist
4 Attorney by performing tasks assigned by Attorney, including but not limited to serving as local
5 counsel; securing the cooperation of County employee's, officers, and others in discovery and other
6 matters; obtaining evidentia.ry materials from County files; assisting with discovery; attending
7 hearings and depositions; filing pleadings; arranging for closed attorney-client sessions with the
8 Board of County Commissioners; and performing other tasks as necessary and convenient for
9 Attorney. Decision!; as to tactical a.pproaches to be utilized shall be the ultimate responsibility of
10 the Attomey, and issues which rise to the level of a client decision shall be resolved by the Board
11 of County CoDl1l1issioners. Any further limitations or special co~ditions shall be as set forth in
12 Exhibit A.
13
14 3.3. Tenn of Agreement and Representation: This Agreement and representation by
15 Attorney is effective upon acceptance and approval by County in accordance with County's policies,
16 ordinances, or governing statutes. The representation shall continue until terminated by either the
17 County, or by the Attorney in accordance with ethical requirements.
18
19 3.4. County expectations apd goals: The County expects the Attorney to seek the best
20 resolution for the County at the lowest reasonable cost to tHe taxpayers. At the earliest reasonable
21 point during the representation, the Attorney shalt report to the County, via the County Attorney,
22 any reasonable potential for settlement, including related settlement costs and expenses, the
23 estimated chances of the County prevailing on the merits, and the potential financial exposure
24 should the County not prevail on the merits. Any other expectations and goals shall be as set forth
25 in Exhibit A.
26
27 4. Attorney Fee (Hourly): Attomeywill be paid for his or her services based on the number
28 of hours expended on behalf of County (rounded to the nearest tenth hour for each time entry), not
29 to include time billable to or compensated by other cHents;, multiplied by the Attorney's hourly rate
30 as set forth in Exhibit A. The following minimum billing documentation and time-keeper
31 requirements are a condition precedent to payment by the County.
32
33 4.1. Non-billable time: Attorney will bill County only for time reasonably and
34 necessarily inCillTed to render professional services on County's behalf in accordance with this
35 Agreement. Time attributable to billing questions is not billable. Time expended by time-keepers
36 wbo have not been approved by County as indicated on Exhibit A is also not billable,
37
38 4.2. Changes to hourly rates. Attorney will charge no more than the hourly rate quoted
39 :in Exhibit A throughout the duration of the matter, unless otherwise agreed in writing signed by
40 County.
41
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 are provided tu other clients, Attorney and approved time-keepers will also provide them
45 on the same basis to County.
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1
2 4.4. Additional time~keepers; Additional time-keepers may not be added to the matter
3 without advance written approval from County. In the event tbat additional time-keepenl providing
4 services which are to be billed to the County are to be added to the staff; then their hourly rates sha.H
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 ofthis Agreement. Additional time~keepers approved
7 by the County are listed in Exhibit A to this Agreement, and this Exhibit A may be amended from
8 time to time, upon mutual agreement ofthe County and the Attorney, to evidence the then-current
9 circumstances.
10
t 1 4.5. Existing work product: To the extent the Attorney makes use of existing work
12 product, e.g., in the fonn of researoh previously penormed for another County, then Attorney may
13 bill only that time expended in using that work product for County, In other words, no premium,
14 markup, or other adjustment maybe made to bill County for time spent on work alreadyperfonned,
15
16 4.6. Travel: Travel restrictions, including restrictions on billing time during travel, are
17 set forth below.
IS
19 5. Billing of Fees and E;:tpenses: Attorney shall comply with the following requirements as
20 to billing fees Rod expenses as a condition precedent to County's obligation to pay each bj\l,
2\
22 5.1. Monthly bills: Unless otherwise agreed in a writing signed by the County, bills shall
23 be issued monthly by Attorney within 15 days after the close of each month. Attorney undenltands
24 that County requires prompt bills in part to facilitate effective management of the representation and
25 fees,
26
27 5.2. Bill forrn.at: Attorney shall provide detailed, itemized bills which shall, at a
28 minimum:
29
30 5.2.1 Description. Provide a general desoription ofthe 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-EEO Claim),
33
34
35 5.2.2 PersonJleJ. Clearly identify each person performing services (i.e" time-
36 keepers) in conjunction with each entry.
37
38 5.2.3 Other Personnel. Clearly ident1fy all persons who are not full-time lawyers
39 employed by the Attorney's firm (including subcontractors, independent contractors, temporary
40 employees, and outsourcing providers),
41
42 5.2.4 Time Records. Record the time expended by each time-keeper separately,
43 In those situations where the minimum billing increment exceeds the actual time spent on a task and
44 several of 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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5.2.5 Totals and By Task. State the amount oftime expended by each time-keeper
daily (and, within each day, broken down by task where more than one project or task was worked
upon within the same day).
5.2.6 Task Description. Describe within each itemized da.ily task entry, in sufficient
detail to readily allow the 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 connnunicated wit in the course of
performing the service. Included should be a reasonably specific delineation of services sufficiently
itemized to allocate time within a matter to such categories of ,effort as Legal Research, Fact
Gathering, Internal Conferences, Communications with Client, Particular Document Dra.fl:ing, Court
Appearance, Deposition Attendance, and so forth,
5.2.7 Summary of Rates. In a summary at the beginning or end of the bill, provide
the current hourly rate for each tirne.keeper, the total time billed by each lime-keeper in that bill,
the product of the total time and hourly rate fur each time-keeper, the total fees charged, and a
reconciliation between the amount charged and any applioable estimated Or budgeted amount, by
task. Tn addition, each monthly statement should show the aggregate billing for that matter trom the
corrnnencement of the matter through the currently-billed month.
<
5.2.8 Digital/Eleetronic Copy. County is ,currently using Time Matters and Time
Billing software in tbe County Attorney's office, and prefers that an electronic reporting software
which can be incorporated into the County's software data base for tracking and reporting purposes
be used by Attorney. Attorney should discuss the capabilities of Attorney's billing system with
County before rendering the first bilL County should receive a digital electronic/computerized
version of each bill, together with a paper copy, to fal;:j]itate bill review.
5.3. Expenses: County will pay the actuaL reasonable cost of the following expense
items if incurred in accordance with the guidelines below and promptly itemized in Attorney's
monthly bill:
5.3.1 Reimbursable expenses: Actual cost for necessary long distance telephone
calls, telecopying at $.25 per outgoing page, overnight or expedited delivery, courierSl photocopying
at $.15 per page, postage, court fees, and other expenses approved in advance by County or as listed
below:
5.3.1.1. E:tpedited or emergency services: Attorney is expected to
avoid using expedited or emergency services, such as express delivery services, couriers,
telecopying, overtime, and so on, unless necessary because of unexpected developments or
extremely short deadlines. County may refuse to pay for any such expenses when incurred routinely
or because of Attorney's failure to manage the matter efficiently.
5.3.1.2. Computerized research: Attorney is expected to use
computerized research services cost -effectively to reduce time spent on research, for example, while
closely-monitoring computerized research to insure that the charges are reasonable and
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1 necessary. Attorney is expected to pass through to County any discounts or other arrangements that
2 reduce the cost of computerized services.
3
4 5.3.1.3. Photocopying: Attorney is encouraged to use outside
5 copying services to ri;:ducC the. cost of large-volume copying, provided that these expenses are
6 efficient, cost-effective, and incurred and billed in accordance with this Agreement. Attorney ilS
7 responsible for insuring that all copying complies with copyright obligations-
8
9 5.3.1.4. Tl'1lnscrlpts: Transcripts should not be ordered without prior
10 approval from COUnty, Transcripts should not be ordered on an c;:xpedited basis unless necessary
11 and approved in advance by County. Attorney should obtain digital electronic/computerized copies
12 of transcripts when available at a reasonable cost to avoid charging for time spent digesting or
13 indexing transcripts, a.nd to allow County to maintain a digital electronic/computerized database 0 r
14 alllranscripts.
15
16 5.3.1.5 Tral'el Expenses: Travel expenses within the Attorney's
17 local Or metropolitan area will not be reimbursed if the time spent in transit is billed. Travel
18 expenses outside the metropolitan area may only be reimbursed if the travel was approved in
19 advance by County, ReimbUl:'sable travel expenses, if approved in advance, are the cost of
20 transportation by the least expensive practicable means (e.g., coach class air travel), the cost of
21 reasonable hotel accOIIlIItodations, and the cost of transportation while out oftown (e.g., by cab or
22 rental car, whichever seems reasonable, at the lowest available rate). Travel expeI1Ses wilt be
23 reimbursed in accordance with the applicable provisions tor "approved travelers" of the Monroe
24 County Code, will be summarized on the Monroe County Travel Form with all applicable receipts
25 attached thereto.
26
27 5.3.1.6 Travel Time, Time spent 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 communication and (b) Attorney or time-keeper is unable to bill time in transit to other clients,
30 Travel by more than one time-keeper at the Sllme time to the same destination is not aHowed without
31 prior approval from County- Approved travel time during time-keeper's nonna] business hours will
32 be billed at the hourly rate listed for the time-keeper on Exhibit A. Approved travel time outside
33 oftime-keeper's normal business hour's will be billed at one-half the hourly rate listed for the time-
34 keeper on Exhibit A.
35
36 5.3.Z. Non-reimbursable e~enses: The following expenses will in no event be
37 reimbursable, unless specifically agreed to in advance in a writing signed by County.
38
39 5.3.2.1. Personal and Office Costs. Meals for time.keepers,
40 overtime, word processing or computer charges, personal expenses, expenses that benefitted other
41 clients, expenses for books, 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 fact that
44 the linn charges other clients or that other fnms charge their clients for an expen5e does 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 i6 not authorized to retain experts, additional counse~ consultants, support
4 services, or tbe like, or to out source or delegate work outside Attorney's law firm, without prior
5 written approval by County, Attorney will be responsible for selecting and managing the services
6 of others so that their services and expenses will be rendered in accordance with the terms: of this
7 Agreement, including terms applicable to Attorney. Attorney will manage others to obtain cost-
8 effective services for County. Unless otheJ.VJise agreed in writing, Attorney shall obtain a written
9 retainer agreement, in a form which may be specified by County, from each service provider, with
10 bills from each provider being sent to both Attorney (fOf manage~ent purposes) and County (for
11 review a.nd. payment),
12
13 5.3.2.3. Expenses not passed through at actual cost. County will
J 4 not pay any markup for expenses. County will only reimburse the Attomey for their actual approved
15 out~of~pocket costs and expenses, whether incurred personally by an approved time-keeper or
16 incurred by other approved personnel (such as experts, consultants, support services personne~ or
17 out sourced services personnel).
18
19 5.3.2.4. Overhead not charged to County. County will not pay for
20 any "expense" items that are in fact part of Attorney's overhead which should be included within
21 Attorney's fee,
22
23 5.3.3. A~vance approval of expenSeS. In addition to the item'> noted above,
24 Attorney shall obtain advance approval from County befure incurring any expense in excess of $
25 1,000.00 if Attorney expects to be reimbursed for that expense. County roay refuse to pay any
26 expense for which advance approval was not obtained by Attorney,
27
28 5.3.4. Copies ofn:ceipts for expenses, Attorney ghaU include copies of receipts for
29 aU expenses with the itemized monthly bill. Counl.Y may refuse to pay any expense i~em for which
30 documentation is not provided by Attorney.
31
32 5.3.5. Expenses (and fees) after tennination. Upon termination of the
33 representation, Attorney shaH promptly bm County for any remaining reimbUfsable expenses and
34 fees, County may refuse to pay any fees or expenses not billed within 45 days of termination of the
35 representation, Attorney is also expected to cooperate promptly with all aspects ofterminatjon and,
36 ifapplicable, transitioll to other counsel. Payment for fees and expenses is contingent upon prompt,
37 full cooperation.
38
39 5.4. Bill and expense documentation. Attorney understands that Attorney must have
40 documentation to support all aspects of each bill, including fees and expenses, and must maintain
41 that docurrtentation nntil at least one year after the termination of the representation, This
42 documentation shall be made available by Attomey to County (or County's designated
43 repregentative, 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.j by responding promptly and completely
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1 to any questions County or its designated representative may have. Attorney shalt notify County
2 in writing at least 60 days in advance of destroying any suc;h records and, in the event that County
3 requests that they be preserved, shall preserve them at teast one additional year or, at the option of
4 the County, delivered to the County [or storage by the County, with County responsible for paying
5 the actual cost of ::itorllgc. This documentation shall include, for example, original time records,
6 expense rco:ccipts, and documentation supporting the amount charged by Attorney for expense items
7 generated by the Attorney or his or her firm. County reserves the right not to pay any fee or expense
8 item for which sufficient documentation is not available to determine whether the item was
9 necessary and reasonable. Upon prior written Agreement by the County, Attorney may provide the
10 documentation in digital electronic form in Adobe Portable Docum~nt Fonnat (PDF) or in Alchemy
II format in lieu of the manual preservation requirements detailed above.
12
) 3 6. Payment terms: Attorney's request for payments and reimbursements maybe made in either
14 the Attorney's name or the name of the Attorney's law firm, as appropriate. Attorney bills
15 complying with tros Agreement are due and payable upon receipt. If the bill materially fails to
16 comply with thc requirements of this Agreement, then it is not due and payable until its deficiencies
17 are remedied by Attomey. County is entitled to a 1 % prompt payment discount if a bill is paid
18 within 15 days of receipt by County or correction of deficiencies by Attorney, whichever is later,
19 (or ifthe bill is satisfied by funds held by Attorney, e.g., in a trust account). County shall not be
20 liable for interest or other late charges unless specifically agreed to in advance in a writing signed
21 by County.
22
23 7. Budgets. Attorney wil~ within thirty (30) days after the effective date of this Agreement,
24 prepare an estimate or budget ofthe likely costs, by task., of this matter, including fees and expenses,
25 and a plan for handling the matter. Attomey will update the budget and plan at least once every
26 three months. In the event that Attorney obtains information indicating that the budget (or any line
27 item) may be exceeded by more than five percent, he or she will notifY County of that innnediately,
28 In a written statement accompanying each bill, preferably in tabular fonn, Attorney will reconcile
29 the budget with each month's bill, c.g" by explaining whether the bmed amountS, by task, are more
30 or less than the amounts budgeted therefore. County shall have the right not to pay any amounts that
31 are over budget or not included within the budget.
32
33 8. Staffing nod matter management. Attorney has been retained specifically because
34 Attorney, personally, is understood by County to be able to handle this matter. Employment of
35 additional individuals, whether attorneys, paralegals, or others, who will bill time to County is not
36 permitted without the advance written approval of County.
37
38 8.1. Time-keeper changes. Changes in time-keepers, e,g., replacement of an attorney
39 as well as increases or decreases in the number of the time-keepers working on [he subject-matter
40 ofthis Agreement, must have the advance written approval of Co-unty. County expects to receive
41 discounts or other concessions so that any increases or changes in time-keepers will not result in
42 unnecessa.ry or unreasonable charges to County, e,g., for training, internal conferences, and
43 management.
44
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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 for that time-keeper's services, without County's advance approval.
7
8 8.3. Matter management. Attorney is responsible for managing the matter cost-
9 effectively and competently, e.g., by insuring that additional time-keepers are competent, properly
10 supervised, efficient, and in compliance with the terms of this Agreement as well as with ethical
J 1 obligations.
12
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
15 matter, inoluding billing questions. The point of contact for this matter at County is the County
16 Attorney or the individual specifically identified in Exhlblt A.
17
18 8.5. Ca.$e monitoring. County will be advised promptly by Attorney of all significant
19 facts and developments in the matter so that County may mange the matter effectively and made
20 informed decisions about strategy, tactics, settlement, scheduling, costs, and other related matters.
21 County will promptly receive fro m Attorney copies of. all orders, opinions, pleadings, briefs,
22 memoranda (internal and external), correspondence, and any other document material to the subject
23 matter of this Agreement, such that the County will have a current, up-to-date, "mirror" copy of the
24 County's file maintained by Attorney. For discovery materials or exhibits that are lengthy,
25 Attorney should discuss them with County before providing a copy. Documents available in digital
26 etectronic/computerized form should be provided in that form in lieu of paper copies. Additionally,
27 Attorney may be required to submit, on a monthly basis, a case statu.. and progress report to be
28 submitted to the Board of County Commissioners. The format ofthe report shall be in the form
29 required by the County Attorney.
30
31 8.6. Case control. Attorney shall discuss all significant issues of Strategy and tactics,
32 including motions, discovery, pleadings, briefs, trial preparation, experts, and settlement, with
33 County before implementation. Attorney is expected to exercise independent profussionaljudgment,
34 but to implement the decisions of County as expressed to the County by the County Attorney.
35
36 8.7. Attorney cooperatio>>. Attorney will cooperate with County or County's
37 representatives to promptly provide all infonnation County reque~t51 or needs about the subject
38 malter ofthis Agreement and Attorney's bills.
39
40 8.8. County cooperation. Attorney should consult with County about aU opportunities
41 for County to save money or make use of County's expertise to assist in, e,g., responding to
42 discovery, preparing for trial, locating experts, and the like. County may also have personnel and
43 facilities available to reduce the expenses related to the subject matter ofthis Agreement.
44
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8.9. Temporary $taff~ delegation. outsourcing. Attorney will not bill County for the
time and expenses of temporary employees, includ~ng so-called ''Temps'' or contract attorneys or
other staff from outside companies, nor "outs-Duree" or delegate work, nor charge for summer
associates, law clerks, or student clerks, (collectively "temporary staff' even if not temporarily
employed) without full advance disclosure of the employee's temporary or sbort-term status to
County, including disclosure of the actual amount paid or to be paid to the individual. Unless
County expressly agrees in writing to paying additional amounts after rull disclosure by Attorney,
Attorney may not charge County more than the actual Calli paid by attorney.
9. Confidentiality and public relations: Attorney is not authorized to waive or release any
privilege or other protection of infonnation - confidential, secret, or otberwise - obtained fro m or
on behalf of County. Attorney is to keep all confidential, privileged. or secret information
confidentiaL This requirement i::; peIpctual, i.e., it will continue even after the termination of the
relationsbip and this Agreement. This requirement is also intended to prohibit Attorney from using
information obtained from or on behalf of County, including work product prepared at County's
expense, for other client's of Attorney or his or her firm, without County's advance written approval.
Attorney is not authorized to identifY County as a County, e.g., fur purposes of marketing or
advertising, without County's prior approval. Upon termination of the representation, Attorney
agrees to return promptly all information obtained from or on behalf of County to County. Attorney
is not authorized to communicate with the public, including' the press, about County or this matter
vvithout the advance approval of County.
10. Ownership of Attorney files and work product: Attorney understands that all files and
work product prepared by Attorney or his or her firm at the expense of County (or fot' which County
is otherwise billed) is the property of County. Without County's prior \Witten approval. this work
product may not be used by Attorney or his or her firm nor disclosed by Attorney or his or her firm
to others, except in the nonnal course of Attorney's representation of County in this matter.
Attorney agrees that County owns aU rights, including copyrights, to materials prepared by County
or by Attorney on behalf of County. Attorney shall notifY County in writing at least 60 da.ys in
advance of destroying any such records and, in the event that County requests that they be preserved,
shall preserve them at least one additional year (with County responsible for paying the actual cost
of storage). Attorney shall provide County with prompt access to (including the ability 10 make
copies of) all attorney files and work product, regardless of whether the representation or matter is
ongoing and whether attomey fees and expenses have been paid in full.
11. Dispute resolution: Attorney and County agree that all disputes regardmg 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. Governing law, modification of this Agreement, entire agreement: This Agreement is
to be interpreted in accordance with the laws of Florida and with the ethical requirements of thllt
jurisdiction. The Agreement may not be modified in any way without the express, written agreement
of both parties. This represents the entire agreement of the parties.
13. Monroe County Code Ethics Pro~ision8: This provision is found in Section 18.8 below,
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14. Time Keeper Defined: As used in this Agreement~ the term "time keeper" shall include
Attorney and other attorneys and individuals identified in Exhibit A who will be providing services
under this Agreement and who will bill the County for their services in accordance with this
Agreement.
15. Methods of Approval and Consent By County: Any consents or approvals required by this
Agreement to be made by thc County shal~ unless the context expressly statefl otherwise, be made
by the County Attorney or an authorized Assistant County Attorney in written form, to include but
not limited to hand-written, typed, or printed notes, electronic mail, letters, or facsimile
transmissions.
16. Florida Government-in-the-Sunshine Law: Attorney agrees that, unless specifically
C/l:empted or excepted by Florida law, the provisions of Chapter 120, Florida Statutes. generally
require full and public discussion of matters to be voted upon by thc Board of County
Commissioners, Attorney agrees to consult with the County Attorney's office concerning the
application ofthe Sunshine law from time to time concerning specific circumstances that may arise
during the term ofthis Agreement.
P. Florida Public Records Law~ Attorney agrees that, unless specifically exempted or
excepted by Florida law Or Rules and Regulations of The Florida Bar, the prOVIsions of Chapter 119,
Florida Statute::;, generally require public access to all records and documents which may be made
or received under this Agreement. Attorney agrees to consult with the County Attorney's office
concerning the application of the Public Records Law from time to time concerning specific
circumstances that may arise during the term of this Agreement.
18, County's Standard Contract Terms:
18.1 No Assignments. Without the prior written consent from the County, Attorney shall
not assign or transfer this Agreement.
18.2 Entire Agreement. The entire agreement between the County and Attorney with
respect to the subject matter hereofis contained in this Agreement. This Agreement supersedes all
prior oral and written proposals and communications between the County and Attorney related to
this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by
either party \lnless such waiver, amendment or modification is in writing and signed by the party
against whom the waiver, amendment or modification is claimed, This Ag.reement shall be binding
upot) and inure to the benefit ofthe parties hereto, their permitted successors and assigns.
18.3 Seyerability. Ifa te~ covenant, condition or provision ofthis Agreement shall be
declared invalid or unenforceable to any extent by a CO\lrt of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid and shall
be enforceable to the fullest extent pennitted by law unless the enforcement of the remaining terms,
covenants, conditions and provision of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The County and Attorney agree to reform the Agreement to
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1 repla.ce any stricken provision with a valid provision that comes as close as possible to the intent of
2 the stricken provision.
3 18.4 Captions. The captions set forth herein are for convenience of reference only and shall
4 not define, modify, or limit any ofthe tenus hereof
5
6 18.5 Governing Law and Venue. This Agreement shall be governed by and construed in
7 a.ccordance with the laws of the State of Florida applicable to contracts made and to be performed
8 entirely in the State, Venue for any legal action which may arise out of Or under thic;; agreement shall
9 be in Monroe County, Florida.
10
11 18.5.1 Conflicts in interpretation. The County and Attorney agree that, in the
12 event of conflicting interpretations of the terms or a tenn of this Agreement by or bet......een them, the
13 final interpretation by the County shall apply.
14
15 18.5.2 Adjudication of Disputes and Disagreements. The County and Attorney
16 agree that all disputes and disagreements between them shall be attempted to be resolved by a meet
17 and confer session between representatives of the County and Attomey. If the issue or issues are
18 still not resolved to the satisfdction 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. '
21
22 18.5.3 Cooperation. in the event any adnllnistrative or legal proceeding is instituted
23 against either the County or Attorney relating to the formation, execution, perfonnance, or breach
24 ofthis Agreement, the County and Attorney each agree to participate, to the extent required by the
25 other, in all proceedings, hearings, processes, meetings, and other activities related to the substance
26 of this Agreement. The County and Attorney each agree that: neither shall be required to enter into
27 any arbitration proceedings related to this Agreement or any Attachment or Addendum to this
28 Ab'Teemcnt.
29
30 18.5.4 Legal Obligations and Responsibilities; Non-delegation of Constitutional
31 or Statutory Duties. This Agreement is not intended to relieve, nor shall it be construed as
32 relieving, either the County or Attorney from any obligation or responsibility imposed upon each
33 by law except to the extent of actual and timeLy perfonnance thereofby the othel', in which case the
34 performance may be offered in satisfaction of the obligation or responsibility. Further this
35 Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation of
36 the constitutional or statutory duties of the County, except to the extent pennitted by the Florida
37 Constitution, state Rtatutes, case law, and, specifically, the provisions of Chapter 125, Florida
38 Statutes.
39
40 18.6 Attorney's Fees and Costs. In the event any administrative proceeding or cause of
41 action is initiated or defended by the County or Attorney relative to the enforcement or interpretation
42 of this Agreement, the prevailing party shall be entitled to an award ofreasonsble attorney's fees,
43 court costs, investigative, and out-of-pocket expenses, as an award against the non-prevaiUng party,
44 and shall include reasonable attorney's fees, court costs, investigative, and out-ot:'pocket expenses
45 in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement
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1 or as may be required by a court of competent jurisdiction shall be conduoted in accordance with
2 the Florida Rules of Civil Procedure and us-ual and customary procedures required by the circuit
3 court of Monroe County,
4
5 18.7 Records. Attorney shall maintain all books, records, and documents directly pertinent
6 to performance under this Agreement, including the documents referred to in Sections 5.4 and 10
7 of this Agreement, in accordance with generally accepted accounting principles, consistently
8 applied. Upon ten (10) business days written notice to the other, representatives 0 f either the County
9 or AttOrney shall have access, at all reasona.ble times, to all the other party's books, records,
10 correspondence, instructions, receipts, vouchers and memoranda. (excluding computer software)
11 pertaining to work under this Agreement for the purpose of conducting a complete independent
12 fiscal audit. Attorney shall retain all reoords required to be kept under this Agreement for a
13 minimum offive years, and for at least four years after the termination ofthis agreement Attorney
14 shall keep such records as arc ncceflflary to document the performance of the agreement and
15 expenses as incurred, !lnd give access to these records at thc request of the County, the State of
16 Florida or authorized agents and representatives ofsaid government bodies. It is the responsibility
17 of Attorney to maintain appropriate records to insure a proper accounting of all collections and
18 remittances. Attorney shall be responsible for repayment of any and all audit exceptions which are
19 identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County,
20 the Board of County Commissioners for Monroe County, or their agents and representatives.
21
22 18.7.1 Public Access. The County and Attorney shall allow and pennit re&s,.mable
23 acceSS to and inspection of, all documents, papers, letters, or other materials subject to the Florida
24 Public Records Law, as provided in Cha.pter 119, Florida Statutes, and made Or reoeived by the
25 them, unless specifically ex.empted by State Statute, Rules and Regulations of The Florida Bar, or
26 case law. County shall have the right to cancel this agreement upon violation of this provision by
27 Attorney.
28
29 18.8 Monroe County Code Ethics ProvIsion. Attorney warrants that he has not
30 employed, retained or otherwise had act on his behalf any former County officer or employee in
31 violation of Section 2 of Ordinance No.1 0-1990 or any County offioer or employee in violation of
32 Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, at
33 its discretion, terminate this Agreement without liability and may also, at its discretion, deduct from
34 the sums owed under the Agreement, or otherwise recover) the full amount of any fee, commission.
35 percentage, gift, or considera.tion paid to the fonner or pI'esent County offioer or employee. County
36 employees and officers are required to comply with the standards of conduct delineated in Section
37 1 t 2.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing
38 bu.l:!iness with one's agency, unauthorized compensation, misuse of public position, conflicting
39 employment or contractual relationship, and disclosure of certain information.
40
41 18.9 Authority. Attorney warrants that he and the authorized time keepers are authorized
42 by law and the Rules and Regulations of The Florida Bar to engage in the perfonnance of the
43 activities encompassed by this Agreement. If Attorney is a member ofa law ftrol, either as partner,
44 shareholder, &'\sociate, Or other relationship, Attorney warrants that he js authorized to enter into this
45 Agreement by Attorney's law firm..
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2 18.10 Public Entity Crime Statement. Florida law provides that person or affiliate who
3 has been placed on the convicted vendor list following a conviction for public cntity crime may not
4 submit a bid On an agreement to provide any goods Dr services to a public entity. may not submit
5 a bid on a agreement with a public entity fOT the construction or repair ofa public building Or public
6 work, may not submit bids on leases of real property to public entity, may not bc awarded or
7 perform work as a contractor, supplier. subMcontractor, or consultant under a agreement with any
8 public entity, and may not transact business with any public entity in excess of the threshold amount
9 provided in Section 287,017, for CATEGORY TWO for a period of36 months from the date of
10 being placed on the convicted vendor list. Attorney warrants. the neither Attorney nor any
11 authorized time keeper has been named to the convicted vendor lfst.
12
13 18.11 Anti-kickback.. Attorney warrants that no person has been employed or retained to
14 solicit or secure this Agreement upon any contract Or understanding for a commission, percentage,
15 brokerage or contingent fee, and that no employee or officer of the County has any interest,
16 fmancially or otherwise, in this Agreement, ex.cept as expressly stated herein. For breach or
17 violation of this warranty, the County shall have the right to annul this agreement without liability
18 or, in its discretion, to deduct any sums to be paid by County under this Agreement, or otherwise
19 recover, the full amount of such commission. percentage, b~okerage or contingent fee.
20
21 18.12 Modifications and Amendments. Any and all modifications of the tenns of this
22 agreement shall only be amended in writing and executed by the Board of County Commissioners
23 for Momoe County and by Attorney-
24
25 18.13 Independent Contractor. At all times and fOf all purposes hereunder, Attorney is
26 an independent contractor and not an employee of the Board of County Commissioners of Monroe
27 County. No statement contained in tills Agreement shall be construed so as to find Attorney or any
28 of the authorized time keepers, to be the employees of the Board of County Commissioners of
29 Monroe County, tl-nd they shall be entitled to none ofthe rights, privileges or benefits of employees
30 of Monroe County.
31
32 18.14 Compliante with Law. In carrying out Attorney's obligations under this agreement,
33 Attorney shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the
34 provisions of this Agreement, including those now in effect and hereafter adopted. Any violation
35 of said statutes, ordinanc~s, roles or regulations shall constitute a material breach ofthis Agreement
36 and shaH entitle the County to terminate this Agreement immediately upon delivery of written notice
37 of termination to Attorney.
38
39 18.15 Licensing and Permits. Attorney warrants that Attomey shall have. prior to
40 conunencement of work under this agreement and at all times during said work, all required licenses
41 and permits whether federal, state, COllnty or City.
42
43 18.16 Nmt-Discrlmination, Attorney shan not discriminate, in tts employment practices
44 and in providing services hereunder, on the basis of race, color, sex, religion, disability, national
45 origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall
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1 abide by aU federal and state laws regarding non-discrimination. Upon a determination by a court
2 of competent jurisdiction that such discrimination has occurred, this Agreement automatically
3 terminates without any further action by the County, effective the date ofthe court order. Attorney
4 is aware of the provisions of Section 13-101 through 13-106, Monroe CountyCode,re1ating to nOn-
S discrimination, and agrees to abide by the Code's non-discrimination requirements.
6
7 18.17 Claims for State or Federal Aid. The County and Attorney agree that each shall be,
8 and is, empowered to apply for, seek, and obtain federal and state funds to further the 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.
11
12 18.18 Non-Reliance by Non-Parties. No person or entity shall be entitied to rely upon the
13 terms, or any of them, oftltis Agreement to enforce or attempt to enforce any third.party claim or
14 entitlement to or benefit of any service Or program contemplated hereunder, and the County and
15 Attorney agree that neither the County nor Attorney Or any officer, agent, or employee of each shall
J 6 have the authority to infonn, counse~ or otherwise indicate that any particular individual or group
17 of individuals, entity Or entities, have entitlements Or benefits under this Agreement separate and
18 apart, inferior to, or superior to the community in general or tor the purposes contemplated under
19 this Agreement.
20
21 18.19 Attestations. Attorney agrees to execute Ruch documents as the County may
22 reaf/onable require, including a Drug-Free Workplace Statement, and a Public Entity Crime
23 Statement.
24
25 18.20 Signatures of Parties Required. This Agreement shall not be effective until
26 exec;uted by both County and Attorney and received in final executed fonn by an authorized
27 representative of County.
28
29 18.21 County Authority. This Agreement has been at a duly noticed and legally held
30 public meeting conducted in Monroe County, Florida_
31
32 18.:22 No Personal Lil'lbility. No covenant or obligation contained in this Agreement shall
33 be deemed to be a covenant or obligation of any member. officer, agent or employee of the Board
34 Of County Commissioners of Monroe County in his or her individual capacity and no member,
35 officer, agent or employee of the Board Of Count)' Commissioners of Monroe County shall be liable
36 personally on this Agreement or be subject to any personal liability or accountability by reason of
37 the execution of this Agreement.
38
39 18.23 Execution in Counterparts. This Agreement maybe executed in any number of
40 counterparts, each of which shalt be regarded as an original, all of which taken together shall
41 constitute one and the same instrument ilnd the County and Attorney may execute this Agreement
42 by signing any such counterpart.
43
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THIS AGREEMENT has been signed and executed by the Board of County Commissioners
of Monroe County, Florida. and has been signed and executed by Attorney, on the dates .indicated
below.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST:
BY:
DANNY L. KOLHAGE, CLERK.
MAYOR MARIO GENNARO
By:
Date:
Deputy Clerk
Date:
.. anll paul. H 51inga, ,Jlinol_~. 6. W.lk..., U.P
[jN_
~'~
re
~/jW;VZ Fow/c,(
Printed Name
Printed Name
KO.BElfl \,-\, FR. E \ Lf eM
Mailing Address
515 S. Flower St eet, 25th Floor
Los An eles, CA 90071
City/State/ZIP
30
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MONROE COUNTY, FLORIDA
STANDARD LEGAL SERVICES AGREEMENT
(LITIGATION)
AGREEM NT NUMBER;
CAY IT 2006-02-02
EXHmlT A
Litigation Idendftcation: Helen & Gregor Emmert v. Momoe County, 002-CA-520-P
References:
3,2: Limitations to Scope of Representation: County Attomey's office s all serve as co-counse~.
I
3.4: County expectations and goals: Prompt, efficient, competent repre entation as lead counsel,
4. : Attorney's Hourly Fee Rate:
5>erek Howard $265 Pi! hour thro ~ 2/1/2007
\Z~ ~ ,~C1L\ll( t'\$UiDS
'" tA. ~ I $> 5'"10
I
I
9)hr
~/hr
4.4: Approved Additional Time Keepers.
Name: "
G€~t. S~C\
Ex \L 5cJ--(1~~
8.4; County Point of Contact:
Hourly Rate:
$luD
~ I~
Robert B. Shillinger
Assistant County Attorney
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
(305) 292-3516 (fax) IL!
Shillinger-BOb@monro~.y
/ county~e~
Date: ~ ;;)
I
PAUL, HASTINGS, JANOFSI(Y & WAUIER LLP
515 South Flower Street, 25'h Floor. Los Angeles, CA 90071-2228
telephone 213-683-6000 I facsimile 213-627 -0705! internet www,paulhastings.com
Atlanta! Beijingl Brusseisl Hong I<ongl Londonl Los Angelesl Milani New York! Orange Countyl
Palo Alto! Paris! San Diegol San Francisco! Shanghail Stamfordl Tokyol Washington, D,C.
Paul Hastings
Monroe County
P,O. Box 1026
Key West, FL 33041-1026
December 29, 2006
Attn: Suzanne Hutton
County Attorney
Please refer to
Invoice Number: 1572333
PH1&W Tax ID No, 95-2209675
FOR PROFESSIONAL SERVICES RENDERED
for the period ending November 30, 2006
Dr, Gregor Emmert
$510.00
Date Timekeeper Description Hours Rate Amount
11/14/06 Derek V. Howard Review transcript of 0.70 425,00 297.50
October 12, 2006, summary
judgment hearing
11/15/06 Derek V. Howard Conference with M. 0.20 425.00 85,00
Conaway regarding
Department of Community
Affairs's long standing
policies regarding
interpretation of the Ocean
Reef vested rights orders
11/20/06 Derek V. Howard Review voice message and 0.30 425.00 127.50
correspondence from A.
Tobin regarding trial dates;
prepare response regarding
same
Total Fees 1,20 $510.00
Timekeeper SummalY
Derek V. Howard
1.20 hours at
$ :J ,<;- ':.
~
f-s t:g. (j (j
6.7<
/1(S5
d-j'J.!r
Monroe County
58551-00005
Invoice No. 1572333
Page 2
For Costs Incurred and Advanced
Long Distance Telephone Charges
Total Costs
7.92
$7,92
Current Fees and Costs Due
Prior Balance Due
$517.92
$60,278.88
$60,796.80
Total Balance Due
Paul, Hastings, Janofsky & Walker LLP
Supporting Documentation for Disbursements
Tab#
1
Matter Name
Dr. Gregor Emmert
PHJW Number
58551-00005
LA-DOC it 700959
Itemized Costs >= $500
Inv. # Amount Description
7.92 Long Distance Telephone
7.92 Total
Dec 20 2006
Matter Number
58551-00005
09:42:04
PRECaST TABLE REPORT
Counter
ControL Cost
Group Code
Transaction
Date
Quantity
Tkeep
24778730 168850 211 113006 PHJW 7.92
USER-DEFINED FIELD 1: Howard, Derek
USER-DEFINED FIELD 2: 1842
DESCRIPTION: User: 3ATT
Batch: 3T08
Time: 17:05
Duration: 00017.00
Phone Number: 8167771012
8167771012 17:05 17
GRAND TOTAL:
7.92
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
$.00
$.00
$7.92
$.00
TOTAL:
$7.92
Rate
Ledger
Amount Code
Loc VaL id
FLag
1.00 7.92 SCOST WDC P
1842 Howard,
7.92
Page:
Posting Date Mod.
Batch Modified Optr.
287383 120106
PAUL, HASTINGS, JANOFSKY & WALlIER LLP
515 South Flower Street, 25th Floor, Los Angeles, CA 90071-2228
telephone 21 3-683-6000 ! facsimile 213-627.0705 ! inte met www.paulhastings.com
Atlanta! Beijing! Brussels! Hong Kong! London! Los Angeles! Milan! New York! Orange County!
Palo Altai Paris! San Diego! San Franciscol Shanghai! Stamford! Tokyo! Washington, D.C.
Paul Hastings
Monroe County
P,Q. Box 1026
Key West, FL 33041-1026
November 22, 2006
Attn: Suzanne Hutton
County Attorney
Please refer to
Invoice Number: 1562728
PHJ&W Tax ID No. 95-2209675
FOR PROFESSIONAL SERVICES RENDERED
for the period ending October 31, 2006
Dr. Gregor Emmert
$9,562.50
Date Timekeeper Description Hours Rate Amount
10/10/06 Derek V. Howard Review Ordinance No. 030- 5.00 425,00 2,125.00
2005 creating a definition of
Master Planned Community
fOlwarded to county
attorney's office by A.
Tobin; update legal research
regarding dismissal of
declaratory judgment actions
as time-barred and vested
rights; prepare for hearings
on motions for summary
judgment
10/11/06 Derek V. Howard Travel to Key West, Florida 8.50 425.00 3,612.50
from Washington, DC for
summary judgment hearing
and prepare for same
10/12/06 Derek V. Howard Prepare for, travel to, and 9.00 425.00 3,825.00
attend summalY judgment
hearing in Plantation Key,
Florida
Total Fees 22.50 $9,562.50
Monroe County
58551-00005
Invoice No. 1562728
Derek V. Howard
For Costs Incurred and Advanced
Airfare
Meals
Long Distance Telephone Charges
Photocopy Charges
Facsimile
Total Costs
Timekeeper Summary
22.50 hours at
Prior Balance Due
Current Fees and Costs Due
Total Balance Due
Page 2
~o
..:J ;;;. l:, 5" ~
S" q &'"J" t;(
}
522.19
94.00
3.08
13 7.40
2.50
$759.17 d
P b f JI. ~
)
~-:1:>i-
$49,957,21
$60,278,88
OK
~~5
:;; /d 11
:laul, Hastings, Janofsky & Walker LLP
Supporting Documentation for Disbursements
Tab#
1
2
3
4
5
Matter Name
Dr. Gregor Emmert
Dr. Gregor Emmert
Dr. Gregor Emmert
Dr. Gregor Emmert
Dr. Gregor Emmert
PHJW Number
58551-00005
58551-00005
58551-00005
58551-00005
58551-00005
Inv,#
j?jfic;~ftm\)*i~~fm),~rrc'9$~jjHl$'u!X~I:U[i;l'a)ACiv~5~l:iifH]:jJ~tt\[~)[i~1?ocii[y,
Amount
522.19
94.00
3.0B
137.40
2.50
759.17
"
Description
Airfare
Meals
Long Distance Phone Charges
Photocopy
Facsimile
TOTAL
~5!lYQo
EMPLOYEE NAME: Derek V. Howard
.-.R~CEIVED BY
P,(}\....OtJ\!TE: PAi'A8LE
Attach here, ORIGINAL receipts for all
amounts greater than $25. Copies of charge
slip received with American Express
statements are not acceptable. Without the
original receipts, expenses will not be
reimbursed.
Paul, Hastings, Janofsl<y & Walker LlP
EXPENSE REIMBURSEMENT FORM
DATE SUBMITTED: October 16. 2006
OFFICE: WashinQton, D.C.
PAYMENT TYPE:
{g} DIRECT DEPOSIT
o LIVE CHECK
vel I ~ 2WJ~
PAUL, HASTINGS
I?SS'37/
1111I11111I11111I11111111
1650286
DESCRIPTION CLIENT MAlTER; REIMBURSE~ APPROVED
DATE (include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY
10/11/06- Airfare between Washington, DC & Key West, Fl 58551.00005 522.19 RF
10/13/06 Attend summary jUdgment hearing in Plan1ation
Key,FL I()\
.
Orbit?:: Travel Document
temporary password into the password field.
After logging in, you will be prompted to create a new
password. Once you've changed your password you can:
e access your booked trips
. print and e-mail your itineraries
e view and change your seats Of available)
e change or cancel your reservations
G set up OrbitzTLCSM Alerts to receive updates on flight
delays and cancellations by mobile phone.
Purchase Confirmation
Passenger: DEREK HOWARD
Airline ticket number(s): 0372302757369
Ticket type: electronic (e.ticket)
~...~+ .~ ..,'~ .,. ~."'.;'--~I,-.-,~~~.. ...\~
.f ~~~
/- Total airfare: $515.20 (including taxes) '-~
f Service fee: $6.99 ."
'~ ,~~~~~:~~~~~~~~"~,~g~_.~" .... ~."
Unless otherwise specified, all costs are provided in US
dollars,
Please note that your fare may carry restrictions, Changes to
your itinerary may result in additional fees. Review the fare
rules in "My TIm?" to learn more,
Important notice related to ticket terms and condition~.
Billing Information
Credit card holder's name: DEREK HOWARD
Credit card type: American Express
Credit card number: xxxxxxxxxxx1013
Address:
STE 300
332 GRANBY STREET
NORFOLK, VA 23501
United Stales
E~Mail:
derekhoward@paulhastings,com
Schedule Changes
You may receive an e-mail from Orbitz if a schedule change
occurs prior to or during your trip. Such changes also will be
noled in "My Trips". We recommend you check there
periodically before your trip.
If there are changes to the f1ight{s), bring a printout with the
updated itinerary and ticket number(s) to the airport. You can
use the e-mail that comes 2-3 days before departure,
10/17/2006
DIlBITZ ....
Mabile Access
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Page 3 of 4
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EMPLOYEE NAME: Derek V. Howard
"R~CEIVED BY
AC\,OiJ\IF~ PA \'A8LE
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PAUL, HASTiNGS
Attach here, ORIGINAL receipts for all
amounts greater than $25. Copies of charge
slip received with American Express
statements are not acceptable. Without the
original receipts, expenses will not be
reimbursed.
DATE SUBMIITED: October 16. 2006
OFFICE: Washinqton. D.C.
PAYMENT TYPE:
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DESCRIPTION CLIENT MAlTER! RE1MBURSt:- APPROVED
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Meal Per Diem 1
10/11/06 Attend summary judgment hearing in Plantation 58551.00005 !\~ 47.00 RF
Key, FL
Meal Per Diem 58551.00005 ~ t:}-
10/12/06 Attend summary judgment hearing in Plantation 47.00 RF
Key, FL
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14:32:20
PRECaST TABLE REPORT
Page:
r~atter Number
Control Cost Transaction
Counter Group Code Date Tkeep Quantity
Rate
Ledger Loc Valid Posting Date Mod.
Amount Code Fla9 Batch Modified Optr.
58551-00005
24600580 166625 211 101606 PHJ~I 0.88
USER-DEFINED FIELD 1: Howard, Derek
USER-DEFINED FIELD 2: 1842
DESCRIPTION: User: 3ATT
Batch: 3T72
Time: 14:27
Duration: 00001.00
Phone Number: 3052923470
3052923470 14:27 1
1.00 0,88 SCOST WDC P
284095 101706
1842 Howard,
GRAND TOTAL:
0.88
0.88
TOTAL VALID ENTRIES
INVALID ENTR IES
ENTRIES POSTED
FIRM ENTRIES
$.00
$.00
$.88
$.00
TOTAL:
$.88
~ov 11 2006
'~atter Number
58551-00005
14:32:58
PRECaST TABLE REPORT
Counter
Control Cost
Group Code
Quantity
Trans act i on
Date Tkeep
24577697 166358 211 101006 PHJW 2.20
USER-DEFINED FIELD 1: Mitchell, Monica
USER-DEFINED FIELD 2: 1946
DESCRIPTION: User: 3SEC
Batch: 3T66
Time: 10 :53
Duration: 00005.00
Phone Number: 3058527344
3058527344 10:53 5
GRAND TOTAL:
2.20
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
$.00
$.00
$2.20
$.00
TOTAL:
$2.20
Rate
ledger
Amount Code
Page:
loc Valid Posting Date Mod.
Flag Batch Modified Optr.
1.00 2.20 SCOST WDe P
1946 Mitchel
2,20
283733 101106
Nov 11 2006
Matter Number
58551-00005
14:33:38
ControL Cost
Counter Group Code
PRE COST TABLE REPORT
Transaction
Date Tkeep
24605391 166696 218 101706 DVH
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: A8
DESCRIPTION: User: DVH
Batch: 3C21
GRAND TOTAL:
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
TOTAL:
$.00
$.00
$1.40
$.00
$1.40
Quantity
7.00
7.00
Rate
0.20
Ledger
Amount Code
Page:
Loc VaLid Posting Date Mod.
FLag Batch Modified Optr.
1.40 SPHOTO WDC P
284198 101806
1.40
.'
Nov 11 2006
Matter Number
58551-00005
14:34:15
PREcaST TABLE REPORT
Control Cost
Counter Group Code
Transaction
Date Tkeep
Quantity
24577438 166357 218 101006 OVH 250,00
USER-DEFINED FIELD 1: "Howard, Derek V.
USER-DEFINED FIELD 2: A3
DEscRIPTION: User: DVH
Batch: 3C13
COPIES
24577500 166357 218 101006 DVH 430.00
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: A8
DESCRIPTION: User: DVH
Batch: 3C13
COPIES
MATTER TOTAL:
GRAND TOTAL:
680.00
680.00
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
2
$.00
$.00
$136.00
$.00
TOTAL:
2
$136_00
Rate
0.20
0.20
Ledger
Amount Code
Page:
Loc Valid Posting Date Mod.
Flag Batch Modified Optr_
50.00 SPHOTO WOC P
86.00 SPHOTO WDC P
136.00
136. 00
283732 101106
283732 101106'
~ov 11 2006
4atter Number
58551-00005
14:3t.:52
Control Cost
Counter Group Code
PRECaST TABLE REPORT
Transaction
Date Tkeep
24577726 166359 226 101006 DVH
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: 3F69-6
DESCRIPTION: User: DVH
Batch: 3F69
13058527t.t.1
GRAND TOTAL:
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
TOTAL:
$.00
$.00
$2.50
$.00
$2.50
Quantity
2.00
2.00
Rate
1.25
Ledger Loc Valid
Amount Code Flag
2.50 SFAX
WDC P
Ct. Howard, 0
2.50
Page:
Posting Date Mod.
Batch Modified Optr.
283730 101106
I
PAUL, HASTINGS, JANOFSKY & WAU(cR LLP
515 South Flower Street, 25'" Floor, Los Angeles. CA 90071-2228
telephone 213.683-6000 / facsimile 213-627-0705 / internet www.paulhastings.com
AtIanta/Beijing/ Brusselsl Hong Kongl London/ Los Angeles/ Milan/ New York! Orange County/
Palo Alto/ ParisI San Diego/ San Francisco/ Shanghai! Stamford/ Tokyo/ Washington, D.C.
Paul Hastings
Monroe County
P,O. Box 1026
Key West, FL 33041-1026
October 16, 2006
Attn: Suzanne Hutton
County Attorney
Please refer to
Invoice Number: 1551990
PHJ&W Tax ID No. 95-2209675
FOR PROFESSIONAL SERVICES RENDERED
for the period ending September 30, 2006
Dr. Gregor Emmert
$637.50
Date Timekeeper Description Houts Rate Amount
09/08/06 Derek V, Howard Prepare 57.105 motion for 1.50 425.00 $637.50
attorney's fees; review online
docket for recent filing
activity
Total Fees 1.50 $637.50
Timekeeper Summary
Derek V. Howard
1.50 hours at
$ d. r; <;;-::;;
~~
(J}(
$637.50 /,/!> S
$49,319.71 ~};;) /1
$49,957.21
Current Fees and Costs Due
Prior Balance Due
Total Balance Due
PAUL, HASTINGS, JANOFSKY & WAU;~R LLP
515 South Flower Street, 25'h Floor, Los Angeles. CA 90071-2228
telephone 213-683.6000 ! facsimile 213-627-0705 ! internet www,paulhastings.com
Atlanta! Beijing! Brussels! Hong Kong! London! Los Angeles! Milan! New York! Orange County!
Palo Alto! Paris! San Diego! San Francisco! Shanghai! Stamford! Tol;yo! Washington, D,C.
Paul Hastings
Moru:oe County
P,O. Box 1026
Key West, FL 33041-1026
July 24, 2006
Attn: Suzanne Hutton
County Attorney
Please refer to
Invoice Number: 1534951
PHJ&W Tax ID No. 95-2209675
FOR PROFESSIONAL SERVICES RENDERED
for the period enclingJune 30, 2006
Dr. Gregor Emmert
$1,402.50
Date Timekeeper Description Hours Rate Amount
06/22/06 Derek V, Howard Review Judge Garda's order 0.50 425.00 $212.50
on Monroe County's motion
to dismiss the fourth
amended complaint;
conference with R. Shillinger
regarding same
06/28/06 Derek V. Howard Prepare correspondence to 2,80 425,00 $1,190.00
R. Shillinger regarding
answer to fourth amended
complaint and motion for
summary judgment; prepare
answer to fourth amended
complaint and outline
motion for summary
judgmen t
Total Fees 3.30 $1,402,50
Timekeeper Summary
Derek V, Howard
3,30 hours at
"t;;;cs
~ f'Zt~, \()
Monroe County
58551-00005
Invoice No. 1534951
Page 2
For Costs Incurred and Advanced
Photocopy Charges
Postage/Express Mail
Total Costs
38.40
5.82
$44,22
Current Fees and Costs Due
1c; J~, 7J
il.< "S"
~
Prior Balance Due
Total Balance Due
"
$42,284.49
$43,731.21 U 7<
;;;)/2/7-
PAUL, HASTINGS. JANOFSKY 8. WALf(ER LlP
515 South Flower Street, 25th Floor, Los Angeles. CA 90071-2228
telephone 213-683-6000 I facsimile 213-627-07051 internet www.paulhastings.com
Atlanta/Beijing! Brussels! Hong Kongl London! Los Angeles! Milani New Yorkl Orange County!
Palo Altol ParisI San Diegol San Franciscol Shanghai! Stamford! Tokyol Washington, D.C.
Paul Hastings
Monroe County
P.O. Box 1026
Key West, FL 33041-1026
August 16, 2006
Attn: Suzanne Hutton
County Attorney
Please refer to
Invoice Number: 1539227
Pf:IJ&W Tax ID No, 95-2209675
FOR PROFESSIONAL SERVICES RENDERED
for the period ending July 31, 2006
Dr. Gregor Emmert
$5,567,50
Date Timekeeper Description Hours Rate Amount
07/10/06 Derek V. Howard Prepare answer to fourth 4.00 425.00 $1,700.00
amended complaint; prepare
correspondence to R.
Shillinger regarding answer
and motion for summary
judgment
07/12/06 Derek V, Howard Prepare motion for summary 3.40 425.00 $1,445.00
judgment
07/18/06 Derek V, Howard Prepare cross-motion for 5,70 425.00 $2,422.50
summary judgment on
counts one and two of
fourth amended complaint,
prepare correspondence to
R. Shillinger regarding same;
prepare correspondence to J.
Thompson regarding Niko
Reisinger
Total Fees 13,10 $5,567,50
Monroe County
58551-00005
Invoice No, 1539227
Derek V. Howard
For Costs Incurred and Advanced
Photocopy Charges
Total Costs
Timekeeper Summary
13,10 hours at
Prior Balance Due
Current Fees and Costs Due
Total Balance Due
Page 2
i 6 ~
~ ? l 5()
1>"3>)~1 .
21,00
$21.00
1-s 'i ~~/~
1
~
$43,731.21
$49,319.71
t~5
-;;-j-:J.lr
Paul, Hastings, Janofsky & Walker LLP
Supporting Documentation for Disbursements
Tab#
1
Matter Name
Dr, Gregor Emmert
PHJW Number
58551-00005
Inv.#
LA.DOC # 700959
Itemized Costs >= $500
Amount Description
21.00 Photocopy Charges
21.00 Total
Aug 17 2006
Matter Number
58551-00005
14:09:36
PRECOST TABLE REPORT
Control Cost Transaction
Counter Group Code Date Tkeep Quantity
24234117 161902 218 071206 DVH 84.00
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: A3
DESCRIPTION: User: DVH
Batch: 3C19
GRAND TOTAL:
84.00
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
$.00
$.00
$16.80
$.00
TOTAL:
$16.80
Rate
0.20
Page:
Ledger Loc Valid Posting Date Mod.
Amount Code Flag Batch Modified Optr.
16,80 SPHOTO WDC P
276877 071306
16.80
Aug 17 2006
Matter Number
58551-00005
14:10:21
PRECaST TABLE REPORT
ControL Cost
Counter Group Code
Transaction
Date Tkeep
Quantity
24276305 162421 218 072006 DVH 5,00
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: A3
DESCRIPTION: User: DVH
Batch: 3C27
24276333 162421 218 072006 DVH 16.00
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: A7
DESCRIPTION: User: DVH
Batch: 3C27
MATTER TOTAL:
GRAND TOTAL:
21.00
21.00
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
2
$.00
$.00
$4.20
$.00
TOTAL:
2
$4.20
Rate
0.20
0.20
"
Ledger
Amount Code
Page:
Loc Valid Posting Date Mod.
FLag Batch Modified Optr.
1.00 SPHOTO woe P
3.20 SPHOTO WDC P
4.20
4.20
277372 0721 06
277372 072106
PAUL, HASTINGS, JANOFSI<Y & WALKER LLP
515 South Flower Street, 25'h Floor, Los Angeles, CA 90071-2228
telephone 213.683-6000 I facsimile 213-627-0705 I internet www<paulhastings.com
Atlantal Beijingl Brussels/ Hong Kongl Londonl Los Angelesl Milani New Yorio Orange County/
Palo Alto/ Parisi San Diegol San Franciscol Shanghail Stamfordl Tokyo/ Washington, D.C.
Paul Hastings
Monroe County
F.O, Box 1026
Key West, FL 33041-1026
June 23,2006
Attn: Suzanne Hutton
County Attorney
Please refer to
Invoice Number: 1528096
PHJ&W Tax ID No. 95-2209675
FOR PROFESSIONAL SERVICES RENDERED
for the period ending May 31,2006
Dr. Gregor Emmert
$8,712.50
,
,
Date Timekeeper Description Hours Rate Amount
05/01/06 Derek V. Howard Finalize proposed order 0.40 425.00 $170.00
granting Monroe County's
motion to dismiss
declaratory judgment
actions; prepare
correspondence to Judge
Garcia regarding same
05/08/06 Derek V. Howard Pull and review legal 3.60 425,00 $1,530,00
authOl"ities cited in Plaintiffs'
"Motion to Reconsider
Court's Intention to Grant
Defendant's Motion to
Dismiss Declaratory
Judgment Count"
Monroe County
58551-00005
Invoice No, 1528096
Page 2
Date Timekeeper Description Hours Rate Amount
05/10/06 Derek V. Howard Legal research regarding 9,60 425.00 $4,080.00
"relation back" doctrine,
equitable tolling doctrine,
and other points raised in
Plaintiffs' "Motion to
Reconsider Court's Intention
to Grant Defendant's
Motion to Dismiss
Declaratory Judgment
Count;" prepare response to
Plaintiffs' Motion to
Reconsider
05/11/06 Derek V. Howard Prepare response to 6.90 425.00 $2,932.50
plaintiffs' motion to
reconsider court's intention
to grant defendant's motion
to dismiss declaratory
judgment count; attend
telephone conference status
hearing
Total Fees 20.50 $8,712.50
Timekeeper Swnma1Y iJ:.'d-<S f~ Y"3), S
)
Derek V. Howard 20.50 hours at ~
For Costs Incurred and Advanced
Long Distance Telephone Charges
Photocopy Charges
Facsimile
1.76
12.80
25.00
Monroe County
58551-00005
Invoice No. 1528096
Reversal from Void Check Number: 110204 Bank ID: BOAQC Voucher ID: 1191526
Vendor: CLERK, U.S. COURT OF APPEALS Outside Professional Services - - Clerk,
u.s, Court of Appeals, Invoice #040706DH, 04/07/06, Petition for Writ of
Prohibition in the Third District Court of Appeal.
Total Costs
Current Fees and Costs Due
Prior Balance Due
Total Balance Due
Page 3
(300.00)
($260.44)
$8,452.06
$33,832.43
$42,284.49
I Slf -S7. '5 ()
J
6ft
ftYV
'd/-;;/r
Paul, Hastings, Janofsky & Walker LLP
Supporting Documentation for Disbursements
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.. MdnroeCollnty
Tab #
1
2
3
4
Matter Name
Dr. Gregor Emmert
Dr. Gregor Emmert
Dr, Gregor Emmert
Dr. Gregor Emmert
PHJW Number
58551-00005
58551-00005
58551-00005
58551-00005
Inv,#
Amount
-300.00
1.76
12.80
25,00
Description
Outside Profess. Service
Long Distance Telephone
Photocopy Charges
Facsimile
-260.44 Total
~
\ b 61-1 - 6k F0'Y ~ 'f~
1- W.e.-e6 ':i--\\in ~z/.L.j If/tolow M~' ,
CHECK REQUISITION ~(;),(\)lO .
(Y10{UC~
~
Payable to: . Clerk, Third District Court of Appeal
. (include. all information to
. be typed on the race of .
check) .
Date:
Amount:
Ap ril 7. 2006
$300.00
Client Name:
58551-00005
DESCRIPTION
(to be typed on CI1ec!l. stub)
Petition for Writ of Prohibition in the
Third District Court of Appeal
ACCOUNT #
CLIENT/MATTER #
AMOUNT
58551 ~00005
$300.00
Check Requested: (please check one)
o Today By a.m, (Time)
I8t On or Before 4/10/06 (Date)
o Other (Date)
Requested by: Derek Howard/Monica Mitchell
Approve(J by responsible Attorney/Legal Assistant/Administrator: , l..!{l...'-t, A--cLDJJ.
When check is completed: (please check ane)
o Mail Check
o Mail Check with Attached Form(s)
181 Return Check to:
Monica Mitchell
Office: Washingtont D.C.
o Call When Ready:
Ext,:
1946
IWllllllfllIII/llIf 1111
1568953
1 'l OJ I '$ ryb
ADMIN_US # 10314844.1
----... ..................--. ----"""'"'"--
Jun 20 2006
Matter Number
58551-00005
15:28:43
PRECOST TABLE REPORT
Control Cost
Counter Group Code
Transaction
Date Tkeep
Quantity
24026167 159414 211 05.1706 PHJW 1.32
USER-DEFINED FIELD 1: Mitchell, Monica
USER-DEFINED FIELD 2: 1946
DESCRIPTION: User: 3SEC
Batch: 3T18
Time: 17:58
Duration: 00002.00
Phone Number: 3058527344
3058527344 17:58 2
GRAND TOTAL:
1.32
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
$.00
$.00
$1.32
$.00
TOTAL:
$1.32
Rate
Ledger
Amount Code
Page:
Loc Valid Posting Date Mod.
Flag Batch Modified Optr.
1.00 1.32 SCOST WDC P
272806 051806
1946 Mitchel
,1.32
Jun 20 2006
Matter Number
58551-00005
15 :29: 12
PRECOST TABLE REPORT
Counter
Control Cost
Group Code
Transaction
Date Tkeep
Quantity
24041107 159623 211 052206 PHJW 0.44
USER-DEFINED FIELD 1: Mitchell, Monica
USER"DEFINED FIELD 2: 1946
DESCRIPTION: User: 3SEC
Batch: 3T23
Time: 13:03
Duration: 00001.00
Phone Number: 3053943170
3053943170 13:03 1
GRAND TOTAL:
0.44
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
$.00
$,00
$.44
$.00
TOTAL:
$.44
Rate
Ledger
Amount Code
Page:
Loe Valid Posting Date Mod.
Flag Batch Modified Optr.
1.00 0.44 SCOST WDC P
273087 052306
1946 Mitchel
.0.44
Jun 20 2006
~'atter Number
58551-00005
15:29:41
Control Cost
Counter Group Code
PRE COST TABLE REPORT
Transaction
Date Tkeep
Quantity
23904929 158775 218 050206 PHJW 20.00
USER-DEFINED FIELD 1: RATLIFF, CECILIA
USER-DEFINED FIELD 2: A7
DESCRIPTION: User:
Batch: 3C50
GRAND TOTAL:
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
fiRM ENTRIES
TOTAL:
20.00
$.00
$.00
$4.00
$.00
$4.00
Rate
0.20
Ledger
Amount Code
Page:
Loc Valid Posting Date Mod.
Flag Batch Modified Optr.
4.00 SPHOTO WDC P
272011 050306
4.00
Jun 20 2006
Matter Number
58551-00005
15:30:30
PRECOST TABLE REPORT
Control Cost
Counter Group Code
Transaction
Date Tkeep
Quantity
24025899 159413 218 05.1706 DVH 1.00
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: A8
DESCRIPTION: User: DVH
Batch: 3C65
24025901 159413 218 051706 DVH 10.00
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: A8
DESCRIPTION: User: DVH
Batch: 3C65
COpy
24025902 159413 218 051706 DVH 3_00
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: A8
DESCRIPTION: User: DVH
Batch: 3C65
COPIES
24025903 159413 218 051706 DVH 30.00
USER-DEFINED FIELD 1: Howard, Derek V.
USER-DEFINED FIELD 2: A8
DESCRIPTION: User: DVH
Batch: 3C65
COpy
MATTER TOTAL:
GRAND TOTAL:
44.00
44,00
TOTAL VALID ENTRIES
INVALID ENTRIES
ENTRIES POSTED
FIRM ENTRIES
4
$.00
$.00
$8.80
$.00
TOTAL:
4
$8.80
Rate
0.20
0.20
0.20
0.20
Ledger
Amount Code
Page:
Loc Valid Posting Date Mod.
Flag Batch Modified Optr.
0.20 SPHOTO WDC P
2.00 SPHOTO WOC P
0.60 SPHOTO WDC P
6.00 SPHOTO woe P
8.80
8.80
272805 051806
272805 051806
272805 051806
272805 051806
PAUL, HASTINGS, JANOFSI(Y & WAU(ER LLP
515 South Flower Street, 25'" Floor, Los Angeles, CA 90071-2228
telephone 213-683.6000 / facsimile 213.627-0705 f internet www.paulhastings.com
Atlanta/Beijingf Brussels! Hong Kong/ London/ Los Angeles/ Milanf New Yorkf Orange Countyf
Palo Alto/ Parisf San Diegol San Francisco! Shanghaif StamfordfTol(yo! Washington, D.C
Paul Hastings
Monroe County
P.O. Box 1026
Key West, FL 33041-1026
May 25, 2006
Attn: Suzanne Hutton
County Attorney
Please refer to
Invoice Number: 1521789
PHJ&W Tax ID No. 95-2209675
FOR PROFESSIONAL SERVICES RENDERED
for the period ending April 30, 2006
Dr. Gregor Emmert
$7,075.50
Date Timekeeper Description Hours Rate Amount
04/03/06 Derek V. Howard Review correspondence 0.20 265.00 $53.00
from J. Thompkins
regarding record of 1988
vested rights determination
04/04/06 Derek V. Howard Prepare correspondence to 0.40 265.00 $106.00
R. Shillinger and]. Sanders
regarding scheduling of
plaintiffs' motion for
summary judgment
04/05/06 Derek V. Howard Revise affidavit of]. 0.30 265.00 $79,50
Thomson; conference with J.
Thomson; review follow-up
correspondence from J.
Thomson regarding
production of vested rights
record and respond to same
04/09/06 Derek V. Howard Prepare for hearing on 7,60 265,00 $2,014.00
Monroe County's motion to
dismiss counts one and two;
legal research
04/10/06 Derek V. Howard Prepare for hearing on 2,80 265.00 $742.00
Monroe County's motion to
dismiss counts one and two
Monroe County
58551-00005
Invoice No, 1521789
Page 2
Date Timekeeper Description Hours Rate Amount
04/11/06 Derek V. Howard Travel to and attend hearing 10.40 265.00 $2,756.00
on Monroe County's motion
to dismiss counts one and
two in Plantation Key; pre-
and post-hearing
conferences with R.
Shillinger regarding same;
conference with R. Freilich
regarding Judge Garcia's
ruling; review
correspondence from R.
Shillinger regarding
aud1orization from BOCC
04/14/06 Derek V. Howard Prepare proposed order on ' 4.50 265.00 $1,192.50
Monroe County's motion t6
dismiss counts one and two;
legal research regarding
severance and involuntary
dismissals of inverse
condemnation claims
04/25/06 Derek V. Howard Review correspondence 0.50 265.00 $132.50
from R. Shillinger regarding
proposed order on Monroe
County's motion to dismiss
counts one and two, prepare
correspondence to A. Tobin
and J. Mattson regarding
same; review A. Tobin's
request for a copy of
plaintiffs' second amended
complaint
Total Fees 26.70 $7,075.50
Timekeeper Summary
Derek V. Howard
26.70 hours at
$265.00
Monroe County
58551-00005
Invoice No. 1521789
For Costs Incurred and Advanced
Airfare
Meals
Taxi/Ground Transportation
Photocopy Charges
Postage/Express Mail
Outside Professional Services - - Clerk, V,S. Court of Appeals, Invoice #040706DH,
04/07/06, Petition for Writ of Prohibition in the TI1ird District Court of Appeal.
Total Costs
Current Fees and Costs Due
Prior Balance Due
Total Balance Due
Page 3
349.30
47.00
173.76
250.80
2.28
300.00
$1,123.14
0/<
/!6~
$8,198.64 d PIT
$25,633.79
$33,832.43
Paul Hastings
Monroe County
P.O, Box 1026
Key West, FL 33041-1026
Attn: Suzanne Hutton
County Attorney
PAUL, HASTINGS, JANOFSKY & WALKER LLP
515 South Flower Street, 25" Floor, Los Angeles, CA 90071-2228
telephone 213-6"33-6000/ facsimile 213-627-0705/ internet www.paulhastings.com
Atlanta! Beijingf Brussels! Hong Kongf London! Los Angelesf Milanf New Yorkf Orange County!
Palo Altof Paris! San Diego! San Francisco! Shanghaif Stamfordf Tol;yo! Washington, D.C
April 25, 2006
Please refer to
Invoice NlUllber: 1514538
PHJ&W Tax ID No, 95-2209675
FOR PROFESSIONAL SERVICES RENDERED
for the period ending March 31, 2006
Dr. Gregor Emmert
Date
Timekeeper
Derek V, Howard
02/27/06
Description
Telephone conference with
B, Shillinger regarding
representation of Monroe
County, procedural posture
of case; review fourth
amended complaint, motion
for partial summary
judgment directed to count
one (declaratory judgment);
devise strategy for
responding to same; legal
research regarding recent
vested rights cases, motions
to strike allegations; outline
motion to dismiss
$25,045.50
Hours
Rate
Amount
6.80
265.00
$1,802.00
Monroe County
58551-00005
Invoice No. 1514538
Page 2
Date Timekeeper Description I-lours Rate Amount
02/28/06 Derek V. Howard Telephonic conference with 7.20 265.00 $1,908.00
B. Shillinger regarding
litigation strategy, settlement
proposal from plaintiffs;
review correspondence from
B. Shillinger regarding
settlement proposal; review
and conunent on draft
BOCC agenda summary
regarding settlement
proposal; telephonic
conference with A. Tobin
regarding settlement
proposal, continuation of ,
hearing on plaintiffs' motion
for partial summary
judgment; legal research;
review record for
determina tion
03/01/06 Elisa Paster Telephone conference with 0.30 370.00 $111.00
D. Howard
03/03/06 Derek V. Howard Legal research regarding 3.00 265.00 $795.00
requirements of affidavits
f1led in support of motions
for summary judgment;
prepared motion to strike
revised affidavit ofD. Ritz;
prepared motion to strike
allegations
03/06/06 Derek V. Howard Legal research 8.70 265.00 $2,305.50
03/07/06 Derek V. Howard Review plaintiffs' objection 6.80 265.00 $1,802.00
to motion for extension of
time and in the alternative
motion for default judgment;
prepare second notice of
hearing add-on; legal
research; prepare
memorandum of law in
support of motion to dismiss
counts one and two.
Monroe County
58551-00005
Invoice No. 1514538
Page 3
Date Timekeeper Description Hours Rate Amount
03/08/06 Derek V. Howard Prepare memorandum of 9.50 265.00 $2,517.50
law in support of motion to
dismiss counts one and two
03/08/06 Elisa Paster Research restrictive 2.00 370.00 $740.00
covenants and takings for
Emmert case
03/09/06 Derek V. Howard Prepare memorandum of 7.80 265.00 $2,067.00
law in support of motion to
dismiss counts one and two
03/10/06 Derek V. Howard Legal research regarding 9.30 265.00 $2,464.50
applicable summary
judgment standard where
motion filed and heard
before complaint is
answered; prepare
memorandum of law in
support of motion to dismiss
counts one and two,
response to summary
judgment motion, 57.105
motion for attorney's fees
03/12/06 Derek V. Howard Prepare response to 8.80 265.00 $2,332.00
Plaintiffs' motion for
summal:y judgment
03/13/06 Derek V. Howard Travel to and attend hearing 10.80 265.00 $2,862.00
on County's motion to
dismiss and Plaintiffs'
motion for summary
judgment; post-hearing
conferences witll R.
Shillinger
03/14/06 Derek V. Howard Prepare correspondence to 1.50 265.00 $397.50
R. Freilich reporting result of
hearing on motion to dismiss
and motion for summary
judgment; conference with S.
Hutton and B. Shillinger
regarding Plaintiffs'
settlement offer
Monroe County
58551-00005
Invoice No. 1514538
Page 4
Date Timekeeper Description Hours Rate Amount
03/15/06 Derek V. Howard Attend BOcc hearing 8.30 265.00 $2,199.50
regarding Plaintiffs'
settlement offer; review
Ocean Reef documents
maintained by Growth
Management Division;
prepare notice of hearing;
analysis of email from A.
Tobin regarding hearings on
motion to dismiss and
motion for summary
judgment; conference witll
E. Paster
03/16/06 Derek V. Howard Review and respond to 0.30 265.00 $79.50
electronic correspondence ,
from A. Tobin regarding
request to hear motion to
dismiss and motion for
summary judgment
03/29/06 Derek V. Howard Review online docket to 2.50 265.00 $662.50
determine latest filings by
plaintiffs; prepare re-notice
of hearing on the county's
motion to dismiss; prepare
request for admissions; leave
message for J. Thompson
regarding documents relating
to 1988 Ocean Reef vested
rights determination;
conference with J.
Thompson
Total Fees 93.60 $25,045.50
Timekeeper Summary () k: ~J-rr
Derek V. Howard 91.30 hours at $265.00 (l/203
Elisa Paster 2.30 hours at $370.00
Monroe County
58551-00005
Invoice No. 1514538
Page 5
For Costs Incurred and Advanced
Airfare
Meals
324.60
114.00
5.74
113.10
2.20
17.40
11.25
$588.29
Courier Service
Taxi/Ground Transportation
Long Distance Telephone Charges
Photocopy Charges
Facsimile
Total Costs
Current Fees and Costs Due
Total Balance Due
$25,633.79
$25,633.79
OIL
~
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