Item S11
BOARD OF COIJNTY COMMISSIONERS
AGEN DA nf M SUM MA R V
Meding Date: Scptel1l~n~r 21, 2.005 "r\"l AR
Di vision:
Cquntv Attorney
Bulk ltem: Y e~
I\ Q xxx
Deparl mcm: ----'c"9un l y f\.norncy
Staff Contact Penon. ~~tsan Gril11~l.~y x3470
AGt:N LlA nl(\'1 \VORDl~G:
Approval of Agreement to retain !\ttorney \Villiam Brinton of Rugers. Towers" f'. A. lO \\ilite a ncw sign
rcguhltion ordinance. This \.....ill include a rcview. of the Comprehensive Plan, the F llture t .all(il J S.e
Element. the Futur~ Land C sc Map, existing sign code. zoning] egulmions.. preparation or a draft
ordinance, mecling v,'ith the stair for review. attendance at a Planning C01mnission Meeting and BUtT
meeting (1 or 2J.
ITE'.) UAC KG ROn'D~
Recent Fcdt~r(ll Cd8eS brought by' sign companie~ and outdoor adverli~ers have s.tmek dmvfl ]oe-al si~n
mdimlIH.:::€S as. uncons.titutional, leaving a vacuum in lo~al government ')igfl regulation. A new sign (;oue
for \.1onroe Cmmly would prevcnt this from happening f1ere. f\k Brinlon is. an acknowblg~J expcl1 in
defense of local govermllenL~ in thcs~': t11ilttcrs, and ha5 rc-writtC':ll other ~odt's to conform to
Con-.;tilUlioIlal rcqui rcmCllts.
PRF.VIOUS RELEV..',,"T HQC(": ACTION:
COl\TRACT/AGREEM r [\ T CHAr\GES:
STAFF RECO:\l:\1EI\l>A'frO:'\lS:
SLair recommends approval ofthe ~onlract retaining Mr. \Villiam Brinlon at a sum llot t.o eXl:eed
S ] 2,SOO plus tr avel ex.penses illld reimhLlrsable expenses according to the contran.
TOTAL COST: $1.}.500 plu'i travel and
rcim b II rsab 1 c cxpel)5.~:s
BunGKl'FD: Yes
~o
COST TO C(1) "\iTY:
SOURCE OF l'll NOS:
R"~V~~~ U l( I~Rom.JCING: Ye~
No -".x
,\\10l.""'T' PER M()~TII
Ye-ar
AI~I~ROVf:1) BY:
(ounty Any xx
OMillPurchasi ng _ Risk I\.1anagemcnt
mVISIOl\ DJRE(:TOR APPROVAL;
~r20\ .
, . '
.'.- _ tv.......; k~ __~~ c\ \ G 1 \ (; ~_.
\ J uhn R. Collins,' Cou'nty Attorney.'
DOCT M F:N TA TIOl\:
InclLldcd xx:
"'Jot R~qlLired
DISPOSITION;
l{c\.i~cd 2/115
AG ENDA IT}; M #
1
I.
MO~ROE COl:I\"TY, FLORIDA
ST A~DARD LEGAL SERVICES AGREE!tIEKT
AGREF.::UI<:NT l't:"MBER:
!
4
s THE BOARD OF COU:\"'TY CQ)-Il\llSSI0;\lERS OF MONROE COn'TY, FLORIDA: as
6 the l~gi:slative and governing body of Monroe County~ Florida: and in ac(;orJan~e with the
7 power::; enwnerated in Section 125.01, Florida Statutes (the "County") and WILLIAI\I D.
8 BRlNTO~ (the ~~Attorncy") h~-rcb~' enter into this Agreement regarding the retention of
SJ Attorney by Cmlnty to ptovide legal ad'l,rice and service:;;:
~o
: J 1. Client: The Client is: the Count)l, and to the e.xtot ethically pennisslbk, it!!: ejected anc
;:2 appointed offi~ers and its employees: un1ess County advises A t.tOrJ1CY olhcmise. In the event
13 that Att{Jrney cannot dhically represent individuals in addition to County, Attorney shan advise
1':' County in writing of that fact immediately.
l5
] 6 2. Attorney: The Attorney i.~ the individual :lamed above and whose s.igmnure appears at
.1? the bottom of this ^k>n:c:rm:nt. Attorney is licensed to practk~ law in all jurisdictions rele\'an~ to
l!l thi.. matter. If Attorney practices wit..1,. others who mar also p:-ovide services to CountYI he or she
l';l understands tha~ County e~pect~ that Attomcy \lril1 be responsible for managing the
20 representation, ass>Jrlng comp~iam;e of ot.~ers 'With the ::e:ms of this Agreement and dhical
21 requirementSj preparing and substantiating all bills, and communicating v.."ith County. Attorney
22 may not delegate or o~tsource t.1] s work without rull \\"Titlen disclosure to, and pnor written
23 approval from. the County.
24
25 3. !\htter: Attorney has been retained by County in connection with the matter described
26 1:1 Exhibit A. Attorney represents that he 0-:- ::;hc: is competent and available to handle that matter.
").7 in the cn:nl thal additional matters are assigned by County to Attorney, tl1i~ agreement shall
n apply to those ma':.ters. as weU, unless a separate Agreement is :eQuir~d by th~ CnW1ry.
29
3:J 3.1. Review of ethical obligations before initiating repre'Sent9.tion~ Atromey ha.s
31 conducted a thQrough investigation a.id determined that neither Attorney m}r his or her firm ha.~
32 any ethicallr-lpOOtmem, real or potential: to represen1ing County. To th~ extent that any eth.ical
:n impediment, real or potential. is dif)covered or CVc( aris(,:~, Attumey shall immedia~e1y infQrI:.1
:34 County in writing of the irnpl.'lIlmcnt (reJ:;dtdlesf:l of whether Attorney believes he or she has.
35 taken aU steps necessary to avoid the irr.pediment and regardl ess of whether Altorncy bdlt::ve~
~6 that me impediment is insubstantial or questionable), make full di5do~ure of the situation to
37 County~ obtain CUUnly's express) wrinen cum;rn: to continue the representation of the other
38 ciient, and take all steps requested by County to avoid or mitigate the impedimot. AttQmcy
:'9 understands that~ if a direct or indirect contlict of interest arises which, in lhe opinion of th~
4D Cmmty. cannot be avoirled or mitigated under the Rules of Prok:ssior.al Conduct of The Florida
41 Bar. Cuunty may, ill its discrdloTtj (<1) obtain reimbursement from Anomey for all fees and
42 expenses paid to Attorney in this ma~tt:r; (b) obtain cancellation of all amounts allegedly DVi..ed by
4"3 County to Attorney; and (c) obtain reimbursement for coru;equ~tia1 expenses incurred hy
44 County, including 1he cost of replacement counseL
4.~
46 3.2. Llmitntiom to scope of Tt.prt.:Ilenlatiun: Except where prohibited by the Ru~es of
47 Professional Conduct of The Florida BllI': the '\1onroe County Attorney's Office wiH serve as. co-
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counsel in all matters covered by thi~ Agreement. As co.counsd~ the Office attorney: S ",ill Msist
A ttorney by performing tasks <ls.signed by Attomey~ including but not limited to serving as local
counsel; securing the..: (:m~pt:ration of County employcc';s~ officers, and others in discover)' and
other mattenl; ohtaiTI1TIg ~v1dentiary mate:rial~ from County files: assisting wit.h discovery;
attendlng hcuring.s and depositi.on5~ tiling plcadings; arranging for closed attorney-client session~
with the Buard of County Commiss.ioners~ and performing ot.her tasks as necessary and
convc:nil"1lt for Attorne)r, Decisions a.s to tactical approacfles to be utilized shal] De the: u]tilr,ate
rc~ponsibHity of the Attorney. and issues which rise to the I evel of a client decision shal I he
resolved by the Hoard of County Comm:.ssioners. Any furtller limitations or speclal cond.~tions
shall be as set forth in Exhi bit A.
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3.3. Term of Agre~mcnt and Represent8tion~ This Agreement and representation
by Attorney is effective upon a.cceptance and appro.....al by County in accordance with COl..:nty's
policies, rm\.inanccs. or governing statutes. The representation shall continue unril tcrrr.J.nated by
cilh~r the CountYI or by the Attorney in a(;c';ordance \\ith ethical requln:ments.
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3.4. Counl~' expectation! and goal~: The Cmmty expects rhe Attorney to seek the
best reiinluti on tor the County at the lowe'it reasonable cost to the taxpayers:. At th() c.arllCs.t
rrO.l.solll1ble point during the representatE()n~ the Attorney s..~all report to the COWlty l via the
County Attorney, any rea.SClnahle potentjal for s~tlement, includi:1g related settlement cosls and
expenses, the estimated chances of the County prevlllling {,,1O the merits, and th~ potential
finan,ia! exposure should the County not prtvdil on the merits. Any othe- exp~...:tations and
goals shall be as set forth in F.xhtblt A.
4. Attorney Fee (Hourly): Attorney will he: paid for his or her services based on the
number of hours expended on beha.lf of County (rounded to the nearest tenili hour for each time
ent.ry) , not to iTldud~ time billable to or cOr.lpemated by OthLT client.'::, multiplied by the
Attorney's hourly rate as set forth in Exhibit A. The following minimwn billing documentation
and time-keeper requirements are a cond:tion precedent to payment by the County.
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4.1. ~on-bmable time: Attorney will bill County only for time n::awnably and
necessarily incurred to render professional services on c.ounty',," behalf in accordance with this
Agr~ent. Time attributable to hilling qllcstion:s is not billable. Time expended by time-
hcpct!1 who have not been appmved b~i County as indicated on Exhibit A is aha not billable.
4.2. Changes to hourly rates: Attorney will charge no more than rhe hourI.. rate
qllO!ed in ExhlbJt. A throughout Li.e dmation of the matter~ unless othenvise agrcC':d in \\:nting
signed by CDunty,
4.3. DisCOUDts to other cnent~~ TIle;; rates Attorney wilI charge County represent the
lowt;st ra~e" charged by the same timc-kcC:pLTS to other diems. In :he event that lower rates or
di:;c.;OllnLS are pro....idr,;J \0 other clients. Altomey and approved time-keepers wiU also pmvi de
them on the same basis to County,
4.2
4.4. Additional time-keepers: Addit.ional timc~kcepers. r:my not be added to the
matt~r without advance written approval from CDunty. In the c::\.'ent that addit:.ona1 t:me-keepers
:2 of 15
1 pnn..iding services which are to be billed to l1.e County are to be added to the stall, then their
2 houri>' rates shall be provided to County in advance, and~ upon \':rinen approval by the County~
3 rheir rates and billing practices shall comply wiIh the requircmcnt:s of this Agreement.
4 Additional timc~keepers approved by lh~ Cuunty are listed in EdLibit A to this Agreement, and
5 this F::t.:htbtt A may be amended from time to time, UpO:l mutuaJ agreement of the County and tht=
6 Attflmey~ to evidence the then~cum..."Ill drcu.onstances.
7
Fi 4.5. Existing work product: To the extcllt the Attorney makes use of ex~sting work
9- product, e.g.~ in the fonn of research previously perfonned for anothltr County, t..lten Attorney
1O ma)' bill only that lime expended in u~ing that work product for COWlty. In oilier wo:ds, no
1] premium, markup, or Dther adjustment may be made to bill Cuunty for time spent on wDrk
12 already p erfonned.
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14 4.6. Tra.,'el: Travel restrictionsl including restrictions on billing time during travel,
l'i are set forth below.
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1'7 5. .Rilling of Fees and Expenses: A rtorncy shall comply with the following requirements
t8 11S to billing fees and expenses as a DOnditlon precedent to County's obHgation to pay each bill;
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20 :'tl. l\Ionlhl;~.. bill'!!: Unless otherwise agreed 1n a writing signed by the County, bills
2 t shall be issued mon:h1y by Attorney wHhin 15 days after the close of each month. Attorney
22 understands that County req'Jire!; prompt bills in part to facilitate effective management of the
:: 3 representati on and f C~!>.
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5.2. Bill ftlrmat: Attorney shall provide detailed, Itemized bills which shall, a.t a
ifi minimum:
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28 5.2.1 Description. Provide a g~nt...nl1 description of the matterl to include lh~
79 name oftne Crmnty rtepartmcnt. or constitutional officer. ifnat indka.t.ed in the title uf lh~ ma.tter,
30 f()f which legal s.ervices are being performed (e.g. Richard Roe v. Monroe County-EEO Claim).
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33 ~.2.2 PersllnDcl. Clc~Iy identify each parson perfonrJng sl('rvicc~ (i.e., time-
34 keepers) in ;;onjunction with e.ach entry.
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36 S.2.3 Oth er Pen on fie!. C I early idemi fy a:l person s who are not fuJ l- time
3"; hl.\....yerll empluyeJ by the Attorney's firm (inc]uding s-ubooI'&tracton, inJependtmt comractors.
3B temporary er:iJ.ployees, a:J.d o'Jts.ourcing providers).
:19
*c: 5.2.4 Tlrne Records. Record the time expended by each time.keeper sc))aratciy.
41 in those sitL.l.tl.lions whe:-e the mir..imum billing increment exceeds the actual time sp~nt on a t.ask
42 and several of these ~'minor'~ tasks &..-+e perfonnedl it is expected that the services will be
43 aggregated until the teral actua.l time spent me<::ts the miniF.lum hilling Lncreme.'1t.
44
45 5.2.5 Totab and 8)i Ta~k. Sl:J.te the amount of time expended by eacn tlme-
46 1.:.eeper daily (and. within each day, broken dmvn by task where more than one proje:::r or !a~k was
3 of 15
worked upon within the ~ame day).
2
1 5.2.6 Task De!cription. Describe wlHlln each itemized daily lfL~k cntry, in
4 sufficient dnail to n:adily allow the County EO dctt-TInine the necessity for fmd rCRsouableness of
5 th~ tim!,; t;};pt:1lded, the ser\'Jces perfonncd, the project cr task eacn s.crv"ice relates to~ the subject
6 and pLlIJIose of eacl: service, and the names of others whe were prC'Scnt or communicated wit in
the course of performing the service. lncluded should be a reasonably specific delineation of
8 Sel"\1ces sufficiently iremized to allocate time within a maner to such categories of effort a" r ..egaJ
9 Research, Fact (~athEring~ Imenal Conferencc!l., Communications with Client, Parti(:1.l1ar
J 0 DocumL'llt DnJ.fting~ Court Appearance, Depo:'lll1on Atlendance: and so forth.
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J 2 5.2.7 Summary of Rates. In a summary at the heginning or end of the bill,
l3 provide the current hourly rate fu:: each time-keeper, the tDtal time billed by each time.keeper in
:4 that bill, the product of the total ti:ne and hourly rate for each tir.1e.keeper~ the tota.l fees charged:
: 5 and a reconciliatiDn betv.:een the l.ImO'JIlt charged. and any applicable t:stima.ted or budgeted
:~ amount, by task [n addition. cu.~h monthl.y statement should show the aggrega.te billing for tr..at
: 7 mat';.er from t.be commencement of the matter through the currently-billed month.
J R
19 5.2:.8 DigitaVEJcctnmh: Copy. County is currently using Time .\tatters and
20 Time Billing $oftwa:e in ~hc County Attorney's office~ and pref~rs. that W1 ~lectronic reporting
2l software which can be incDl'porated into the County's soitware data base for tracking and
II repol1i::1g purposes be used by Attorney. Attomcy should disc1.>sS the capabilities of Attorncy'~
23 bilHng sys.tem with County before rendering the first bill. County ...llOUid receive a digital
l~ electronic/computerized versior.. of each billJ together with a paper copYj 10 facilitate bill reviev--'.
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26 5.3. Expense!;: County will pay ~e actual, reasonable cost of the following ~xpen$e
17 items if incurred in accordance with the guidelines below and promptly i~t..'iniled in Attorney~s
18 monthly bilL
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3G 5.3.1 Reimbursable expen-ses: Acroal cost for necessary long di9tftnc:c
31 tel epno-ne calls, telecopying at S.25 per outgoing page, overnight or ex p edited deliver)', couriers~
32 photocopying at $.15 per page, pOE;tage, court fees, and Cl-lher exper.~c::.!;; appro....ed in advance br
:n County or R"i list.ed below:
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35 5.J.Ll. Expedited or emergenc)' services: Altom~y i~ expected
j 5 to avoid using expedited or emergency services.. s.uch liS expre~s delivery services~ couriersj
3 7 tele~opyin~~ overtin1et a.nd w Qn~ unless necessal1.r because of unexpected develnpn,cnts or
313. extremely short deadlines. County mAY refuse to pay for a.l'1} such expcnse~ v...'~1cn incurrell
~<:l routinely or because 0: Attorney's failu.""e to manage the matter cffid~ntly.
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41 5.3.1.2. Computulzed. t~seareh: Attorney is expected to use
42 cOr.:J.puter1zeC research ser'Yices C:Ctsh::ffectivcly to reduce time s:pent on research. for exa.'11ple,
43 whlle dosely~monitoring computerized research to insure that the charges are reasonahle and
44 nece s,Sal)', Attorney is expe.:ted to pass through to COUnty any d i senu n ts or 0 th cr amm gem en t ~
45 thm reduce the GOsl of CDlni)utcriz.ed ~en...tces.
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1 5.3.1.3. Pboto('opying: Attorney i~ encouraged to use oulsidl'!
2 copying services to redl,:;ce the co~t of large-volume copying, provided that these exp<.:nse.." an:
3 efficient, cost.effective. and incurred and billed in accordance wiili thi~ Agreeml.'1'.L AHomey is
4 responsible for insuring thal all copying complies with copyrighl nhligntion::;.
5
c'j 5.3.1.4. Trallscdph: Tran:scrip~s should not be ord~erl wlthm.H
7 prior approval from Count>'. Transcripls should not be orderee on an expedited basis lUlk~s
8 necessary and a;>proved in advanl;C hy County. Attorney should obtain diglhll
9 electronic/computcn.zed copies of transcripts when available at El rensrmahlc cost to avoid
~o chluging for Lim~ :spent digesting or indexing transcripts, and to dlnw County to maintain a
~ 1 digital electronic/computerized database of all transcripts,
L2
13 5.3.1.5 Tra....el Expenses: Travel expenses within the Att~lmey's
I ~ local or lm::tropoHta.'1 area will not be reimbursed if the lime spent in transit is billed. Travel
15 expens.es outside the metropolitan area may only be reimbursed if the travel ~'a5 approved in
16 advance by CoU'nty_ Rchnbut'r,;l;I,.ble lrll\'el expenses, if approved :in ad"'ance, are the co~t 0:
l7 transportation by the least expensive practicable means (e-g'j C(]ach dags air lmvd), the cost 0:
]8 reasonable hotel accommo dat:.ons , and the cost oftran!>pmialion whLle cut of to\\'11 (e.g.~ by cab
19 or rental car, whichever seem~ rCll.sonahl~> at the lowest available rate), Travel expenses will be
20 reimb~rscd in accrmiancc Wilb the ~pplicable provisions for "approved tral'elersj, of the I\lontoe
2! COUnty Code: \v-il1 be su..'11marizoo on the :Mo:rroe County Travel Fonn \\'lth al] flpplicabk
22 recei pts attached t...1.eret o.
2:1
24 5.3.1.6 T:ravel Time. Time spent in transit: locally or othcrv..ise,
2~ may be billed only if (a) Attorne~: or time-keeper i~ unA.ble ~o avoid lmvelinB, by using other
u; form~ of cnmmuniClltion and (b) A !tom.e)' or llTI1L"-kc::eper i!> unable to bill rime in transit to other
27 clients, Travel by more than one time-keeper at the same time to the &ame destination t!> nnt
ZS allowed without prior approval from Cotu1~y. Approved trf.ve] time during tim~-kccper';;; nurrn~
29 b~sitl(;s_~ houro.; will be billed at the hourly mte.:: listed for the tirr::e&keeper on Exhibit A,
30 Approved (roi\"e~ tilnc outsiJc: of timc-kceper';s norma.l busines:s hour's will be billed at one-half
) 1 the hourly rate listed for the time-keeper on Exhibit A.
J2
33 5.3.2. ?\nn-rctrnbun.llblc c.'pcn!lic~~ The following c:xpenses will in no event be
34 reimbursable, unless specifically a.greed to in advance in a writing signed by County:
:\5
36 5.3.2.1. Personal and Offi~e Cosh;. Yleals for tjme-ke~pcrs,
37 overtime, word processing or ~ompuler charge$, persolltu ~x.pc.""Ilseg, expenses thai benefi:ted
3!l other clientsj expenses for booksl costs of temporary employees: periodicals or other library
39 materials., inl<...-rnal fj [ing or other document handling charg~j clerical ex.penses., :'>ltLtion ct}.' and
40 ether supply ;;xpenses, utilities, a.nd any other expense that is t.':ilhn unreasonable or urmct:t:~sliry_
41 (The fact that the firm charges other clients or that other ilmls ~hargc: their clients for an expense
4:;' does nol make it reasonable or necessary,)
4)
44 5.3.2.2. Experts, consultantl!~ support services, outsourced
4S sen'ices, erc. Altom{;y i~ not authorizcC to retain expert'l, fidditlonal coum,d, consultants,
46 support sen.icesj or the like) or to out iOO\.m;t; ur dt:kgatc work outside At1UTTIt::)' 's law firm,
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v:ithout prior wTiUen approval by County, Attorney will be respO!1sible :or ~elect:ng and
2 managi ng t.ie servi ce.s of oth crs so that their s tn.i ~e!; and expenses w ill be rendered in
3 accordance v.ith the terms of this Agreement, including terms applicable to Altorney, Attorney
4 will manage others. to obtain cost-effective S~1ceS for County, Unkijs othenvise agreed in
5 writing) AttDliley shall obtain a "Ili.nt.1.1 rela.i.ner agreement., in a form which may be !;pecifi~d by
5 County) from each set"\-ice provider) with bills from each provide:- being serlt to both Attorney
'7 (for m!1.;.""1age:nent p1lr?oses:) and County (for revi ew and paymem).
8
9 :5.3.2.3. Expen,cs not passed through al actual cost. County
10 ",ill not pay any ffi1l.1'kup for expenses. County will only reimburse the Attorney for their actual
11 approvt:d out-of-pocket costs and e;l;.penses~ whether incurred personally by an appmved time.
12 keeper or incurred by other approved persmmel (~uch as experts) consultants, support ser\lces
13 personnel, or outsoun::ed s.ervices personnel).
:4
:5 5.3.2.4. Overhead not charged to Count,... County will not pay
16 for any "expen~c" items that are in fact part of Anomey's overhead which ::;hou.ld be included
17 within Attonu::/a fee.
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19 ~.3.3. Advnnce approval of expensp.&. In addition to the items noted above,
2Q Attorney shall obtain advance approval from Count), before incurring any expc.;nsc in excess of S
21 1,000.00 if Attorney expects to be reimbu:rsed for that expense. County may rerJse to- pay any
22 expense for which a.dvance llppmval was not obtained by Attorney,
23
24 5.3.4. Copies of receipts. for expenses, Attorney shan im:lude copies of w;.eipts
25 for aU expenses \'ritn the lHmllzed monthly bilL County may refuse to pay any expense item for
26 which oocumenttl.tillIl is not provided by Anorney,
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28 5.3.5, F:xpcnses (and fees) after termination. Upon termination of the
29 repre~entation, Att.nmC)' shall promptly bill County for any remabing reimbursable expens~s and
3'J fec~. Cou.."1ty may refuse to pay any fee~ or cxpm::;es not billed within 45 days of t~"ITI1inatlon of
31 fue representation, Attorney is also c-,pcded to cooperate promptly with all aspects of
32 termination and, if applicable) transition to ather counseL Payment for fees and expens~ il>
13 l:ontingent upon prompt. full cooperation,
34
35 5.4. BUI and e~pen!i:e documentation. Attorney understa.."1ds that Attorney must have
36 documentation to ;SlJi'port an a:,;pdcts of each bill) including fees and exp~nses) and must r.1aintair.
37 that documen~ation until at least one year after the t:"'TIllinallun (}f 6e repre~ent&tion, This
38 documentation ~hall he madt: available by Attorney to County (or County IS designated
:N repres.entative, inCLuding om accountant) the County Clerk or County Clerkls representative, or
40 legal bilJ auditor) upon County's wri~.ten request Atturney agrees to .coopera.te with olDY
4: examination of this documentation and AttQnlC!y'!i fees and expenses~ e,g" by responding
42 promptly and completely TO any qllcsLions County or its designated representative may have,
43 Attorney shall notify County in writing LLl least 60 days in advance of de::;,t.rOYLng any such
44 rccord~ a.nd; in tht: event that County reques!.S that they be preserved, .~hall preserve them a.t least
45 one additional. year or: at the optic:J. of the County, delivered tn tht: COlmty for storage by the
46 COUnty~ with County responsible fur paying lhe actual cost of storage, TI-:.is documentrulon s.hl.lll
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inciudel for example, original time records, expense receipts, and documentation supporting the
1 amount charged by Attomey for el<>pcns.e items generated by the Artorney or his or her finn.
3 County reserves the right not to pay l1ny fee or expense item for which sufficient documentation
4 is. not available to determine whc::ther the item was ncce5sary and reasonahle. Cpon prior written
5 Agreement by the County, Attome;.. may provide the documentation in di!Iital e:ectronic fom ; 11
6 Adobe Portable Do~ument Fonna.t (PDr) or in Alchemy format in lieu of the manual
7 preservation n:4uirement:5 detailed above.
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9 6. Payment term~: Attomey'S request fur payments and reimbursements may be made in
10 either the Attorney';,:; llame or the name of the Atlom~y's law E.rm, as appropriate, Attcmey bills
11 complying with this Agreement are due and payubk llpon receipt. If the hl1l mate..."'i.ally fails to
12 comply with the requirements of lhi~ Agreement~ then it l!; not uLie and payable until its
t3 deficiencies are remedied by Attorney, County is e>'ltitied lo a 1 % prompt payment di5COU:l~ if a
l4 bill is paid within i5 days of receipt by County or correction of deficiencies by Attomey~
l5 whicheve:- is ]al~r, (or if the bill is satisfied by funds held by Attorney, e.g., ir& a. trust acOOll.i.it).
16 County shaH not be liable for btl-n;~t or other late charges. unless specifically agreed to in
17 advance in a "Titing signed by County.
1S
19 7. Budgets. Attomey will, witl1in tl1irt}' (30) days after the effedlvl.: Ul1Lc of this Ag:eecient,
2lJ prepare an estimate or budget uf L1.t: likelr costs, by task. of :hls ma.tter~ including fees and
21 expenses, and a plan lor hal"'..dling the matter. Attorney will upda.te the budget and plan at h':bl
22 once every three months. In the event tl1at Attorney obta.ins information indicating that the
23 budget (or any line item) may h~ exceeded by more tha.i five percent, he or she ~111 notify
24 County of that imml:diuldy. in a written statement ac:compillIying each bill, preferably in tabular
25 form. Attorney will reconcile the budget with Cil..Ch munth's bill, e.g., by explainbg wbctht..T the
26 blUed amounts, by task~ are ~ore or l~ss thall the amounts budgeted therefore. County shall :have
2i the right not to pay arl)' ~I1l()l.JntS that are over budget or not included within the budget.
23
29 8. Staffmg and matter mana~emcIlt. Attorney has been retained ~p~cifically because
30 Attomey, personally, is understood by County to be able to ha,."Jdlc [his matter. Employment of
31 additional individuals, whether attorneys: paralegals, or others, ,vho will bill time to County is
32 not permitted without the advance ,^,Tltten approval of COUJlty.
.13
;4 8.1. Time-keeper changes. Cha.'1ges in time-keepers, e.g., replac~rnent ~lfan attorney
J:i a.s well !l.~ :ncrea.ses or decreases in the numbe: of the timehke'1'cn; working on the subject-matter
36 of this Agreement, must have the advance written approval of County. County expe<:ts to receive
'1;'7 discounts or other concessions ;so thltt tlny increases or changes in time.keepers will not !:C"So..Ilt in
38 unnecessary or unreasonable charges to County, e.g" for training, int~rnaI conferences, and
39 management.
4(:
41 8.2. nuplication ur effort. L"nless advance County approval i$ obtained, Attorney
42 will not have mote than one time-keeper bill for court appearances, attendance at depositions and
43 meeting~ inc~uding meetings with Co-unty rep:esentatives, and intenal cO:lfcrcnccs. In the event
44 that more t..ian one person attends I only tie time of the f1er"Oll with the lowest rate will be
4S billable. Artomey \:'i not pennirted to use this maU~r to provide on ~.he job training for a. time-
.g keeper, and bill for thm time"kccpcr's 5ctvi~es. without County's advance approYflL
7 of · 5
2. 8.3. I\brter management. Attom~ is respo:nsible for ml1n!!ging the matter cost-
3 effectively and coUJ.pete:ltlYl e,g.: by :nsuring that additional time-keepers are compctcgt,
4 properly Supc~Yised, efficientl and in ~ompliance with the tcrm~ uf (his Agreemer,t as well as
5 wilh ~hical obligations,
~
7 8.4. Communications. County wil t expect that all communications bern:een Anomey
~ and County will be reviewed by Attomey and that Attorney will serve as the point of contact f()[
9 this matter, including billing quest.ions., The poir.t of contact for rhis matter at County is the
1 () County Attorney or the- individual ~pecifically ide:ltifio:! in }l~x.hiblt A.
II
12 8.5. Case monitoring. County will be advised prompdy by Attorney of all significant
13 fa.ct~ and developments in the matter so that County may mange the matter effectively and made
14 infonned decisiom ah{lui strategy~ tactics, :lettlemen(, sc.heduHngl costst and otha rdated
: 5 matters, County win promptly receive from At1llTTlcy copies of all orders. opinions, p:eadings:
~6 brief~, memoranda (internal and external), correspondence, and any orhcr document r::J.aterial to
: 7 the subject matter of this Aweemcnt, such that the County w~ll have a cur:ent, up-to~dB.te"
lS .'mirror" copy of the Counly'~ file maintained by Auorm:y. r'or discover}' ~aterials Or exhibits
19 tbat afl! 1cngtilYt Attorney should discus~ them with County before providing a copy. Documents
20 a;"ailabie in digital electronic/compmcriz(,.'d. fcnn should be provideti in that fuml io lieu ofpa.per
21 copies, AdditionaIlYl ;\Homt:Y ma}' be re<J.uired to submit, on a monthl}' basis, a case status. and
22 progress report t{J b~ su.bmitted to the Board of Counly Cmnmissioners. The fonnat of th(.; n:pOlt
2:1 shall be in the form required b}' th e Count)' A ullmer.
24
2~ 8.6. CSf!ie cOlllrOl. Attomey shall dis~us:o: 11.]] significant issues of strategy and tactics,
26 ind~c.ling motions, discovery, pleadings. brief.~, trrat prepe.ratioD.1 experts~ a...~d ~etllemt:nt: wirh
27 County before imp1ernentation. Attorney is expected to exercis.e independent professional
28 judgment, hut to implement the decisions of County &.<;; expressed to the County by the County
2~ Attorney,
30
31 8.7, Attorne}' cooperation. Attorney will cooperate with County or County's
32 r~pre~~ntative.5 to promptly prO'\ide all informatiCiI1 County rcq'..lests or needs abo:lt the 8Uhjec~
33 matter of this Agreement and Attorneyls hilk
34
35" 8.8. Count~.. cooperation. Attorney should consult wIth Coun!)! about all
1(, opportunities tor County to salle money or make <lse of County'::; expertise to assist in, e.g..
37 respondir-..g to discovery, prepar-ing for (rial~ loc<<tiug experts, and the like. CO\:t'.ty mfly also have
)~ jJcr~onncl und f!!.(;i [ilie~ a.vailable to reduce the expenses related to the subject matter of ~his
35' Agr-eement.
40
41 8.9. TenlJIOTlllJ' su.ff~ dc]c~atiun, out8onrctng. Attorney will not bill Cm..ml}' tOt rhe
42 ~lme and exper,'}~s of temporary ctnployees., including so-called. "Temps" or contract attorneys
<13 or other s.taff front outside companies~ nor "outSQillce:' or delegate w~}rk, 1":or tharge for summer
4~ i;\swcia~es: law clerks. or student clerks: (collectively u-:empo:ary s.tllff' cvm if not temporarily
45 employed) \\rfthout full advance disclorure of the cmploy~{: 's temporar:' or short-tenu statu~ to
1C'i rOllnty, including di5dosure of the actual amount paid or to be paid to the individual. CIlks.s
8of15
I Couniy expre:'3sly agrees in wntlIl!-; to paying additi~mal amounts after full disclosure by
2 Attorney. Attorney may not charge County more th:m the actual cost paid by attorney.
3
4-
S
9. ConfideDtialit~.. ~nd public relations: Attorney is not a.uthorized to waive OT release any
p~vi1ege or {]thcr prOlection of information ~ confidentiall secret, or otherwise - (,htaLned from
or on behalf of County. Attorney is to keep all oonfidentiE.1l, privileged, or !iecn:L information
confidential, This requirement is perpemal, Le.t it will continue even after lhe termination of the
w]aliunship and this Agreement. This requirement i~ also intended ~o pruh.:.bit Attorney from
using information ohtained from or on behalf of County, including work product prepared at
Count~/s expf!n..el 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., for purposes of
marketing or advertising, without County's prim ~pprova1. t:"p(}n ternlinatiCln of t.~e
repre,;entation, Attorn~y agrees to reti.lrn promptly all in.formatio:l. obtained from or on behalf of
Count)' to County. Attorney is not authonz....d to communicate with the public~ including th~
press, ahour Count)' or this ma.tter wiUwut the advance app;-oyal of COlliU)'.
6
"7
8
9
10
I~
12
13
14
15
16
17
18
19
20
1:
n
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14
2."
26
27
n
19
30
31
32
33
34
3'
36
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38
39
40
10. Ownenhip of Atcorne)' me~ and work product: Attorney lmdcrstands that aU file:;. and
work product prepared by Attorney or hi::; or her firm at rhe expense of County (or for which
County is othery,.ise billed) i~ th~ property of County. \VjL~out Countyls prior YlTilten appmvaJ:
this '....o:k prod\lct ma)' not be used by Attorney Of his or her finn nOT disdu::;ed by Attorney Of
his or he; tlnn to othersl except in the: normal course of Atto:nc)i'~ representation of ({lUIlt)' Ln
rh:s marter. Attorney agrees that Cuunty owns all rights, including copyrights, tD materials
prepared by County or by Attomey on behalf of County, Attorney shall notify County in riting
at 1eM~ 60 days in advance of destro)'ing any such records and, in the event lhat County requests
thRt they be preserved, shaH pre!'mre them at least o:J.e additlonal year (with County .re.5pon~ib1c
for paying the actual oost of l>tor.age). Attorney shaH pmvide County with prompt a.Cl:~:SS to
(including the ability to make copies of) all attorney files and wo-rk product, regardless of
whether the representation or matter i~ ongoing and whether attorney ices and expenses have
been paid in fulL
11. Dispute re:!!ioIutlon: Attorney and C()unty agree that all disputes regarc.ing Attorney'S!
fees or expenses are to be re~olvcd pt.;nmant to the procedures and praclteeS for mOOlf.tion by the
Attorney Consum er- A 80S ista.nc~ Pro grarr:. 0 f the Flori cia Bat.
12. Governing law, modification of this Agretment, entire agreement~ This Agreement is
to be interpreted in accordance with th~ laws of Florida and VL.;th the ethical rtxtuirements 0: that
jurisdiction. TIle A8r~mem may not be mo({iTled in m)' w<.Iy without the express, wriuen
agreement of both parties. This represet1t1i the entire agreement Qfthe parties,
13. Monroe Count)" Code Ethics Provisions: This ,.:-ovL~ion is focnd in Section 18.8 below.
4:
42 14. Time Keeper Defined: As used in (hlil Agn:::t:menr~ the tenn "time keeper" .~!-Jal1 jndude:
43 Attorne:,.' and other attomey~ and indi viul.lab identified in Exhibit A who will he p~viding
44 servkes mder this A.!{rcement i.l.nd who \lr'ill bill the County for their servicE!'\ :n <lccordance with
45 this Agrccmt~nL
~6
9 of 1 5
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1 15. Methods of Approval and Consent B".. County: Any con.sems or apprm.!a1.. required by
2 thi.o; Agreement to be made by the County shall, unless the context expressly ~tate" otherwise, be
3 made by the County Attorney or an authorized Assistant County Attorney in written form, to
1 include Out nut limited to hand~written, typed, or p.l'in~ed note~, ekclronic :nail, leticrs., or
5 facsimile tntnsmissions,
6
! 16. Fklrida Govcrorne-nt-in-the-Sun"ihine Law~ Altomt:y agrees that~ \.mh;s~ specifically
R exempted or excepted by Florida law, the provisions (If Chapter 120, FloridE.t St!ll\.:..tes, generally
9 require f:Jll und public discussiun of matters to bt.: voted upon ~:)y the Board of County
10 Commi!isionern. Attorney agn::~s to consult with the County Attorney's offic.e concerning the
11 application of L.1e Sunshine law fro:n time to time concerning specific ciTCumstanC~s. that may
\ 2 arise during th e t ffin 0 f thi s Agreem en t
13
14 17. Florida PubU~ Recuf"ds L:aw: Attomey Hgrees tha~ unles.9 ~pe::dfically exempted CJ[
15 r:xi:epted by Florida law or Rules and Regulations of The Florida Bar, the provisions of Chapter
16 119, Florida ~tatutt:s~ generally requir~ public access to aU r~cord::;; and document!>. which may be
17 made or re~eived under this Agrcl.."TIlent. Anomey ab'"TC~!!i to consult \\1th tk County Attomey'~
18 office concerning the appUcation of the PubHc Rl:Cords Law from time to time conccrnin~
19 specific circum!>lances that may arise dUr1.:1g t...,e term afthis Agreement.
20
21
[8.
COWlty'S Standard Contract Terms:
""
..~
23 18.1 ~o Assignment~. With~n.'lt the prior ~7.1tten consent from the CountYl Attomey
24 sball not assign or transfer this Agreement.
2S
26 lR2 Entire Agreement. Tnc entire agreement bern'een the.; County and Attorney wlth
2',' respect to the subject matt(.;r hereof ii! contained i!'l th.i.. Agreement. This Agreement supersedes
28 all prior oral and wtlnen proposals ana COID."11UniCatiOns between the County and Attom~y
29 related to this Agreement. Ko provision of this Agreement shall be dt::emed waived, amended or
)0 moJified by either party unl~ss ~uc:h waiver, amendment or moditication is in writing l.md signed
31 by the pa."1y agaimit whom tb.e waiver, amendment or mcdification is claimed. This Agreement
12 s:hatl he binding upon and inure to the bcncfil of th.e parties hereto, tbei r permined successors and
33 as.~lgr::s.
J~
35 18.3 SCH~rllbmty. if a tenn, C(lvenant, conditlon ur provision of thj" Agreement shall
36 be declared invalid or unenforceable to any extent by a court of competent jurisdiction~ the
J.,' remaining terms, covenants, CQndi~iom and provi$ion.~ of th1S Agreement shall not be affeded
38 thereby; and each remaining term, cove:lant: condition and provision of this Agrc:t:mm1 !lha11 be
39 valid and s~dll be enforceable to the fulle.<;t ext~nt pcnnitted by law unless the cnforcerr..ent of the
.:;.lJ remaining terms~ covenantsl C(mditions. and provision of thi~ Agreement would prevent the
41 accomplishment of the original int~nt of this Agreement T~le County and Attorney agree (0
42 refDr.n the Agreement tu replace any s.tricken prQVtStD:l with a valid provision that ~omes as
41 close as possible to the:: in lent of the stricken pro'ri~irm.
4,~
'15 UtA Captions. The captions St~t fonh herein are for convmlienc~ of reference only aud
46 shall not define, modify, or limit any of lbe terms hereof.
10 of 15
1
2
18.5 Governing, Law and Venue. Thi~ Agreement shall be governed by a:J.d construed
in acconlance with the laws of the Stu:t: of Florida applicable to contraL.'ts made and to be
pnfbrmed entirely in the State. Venu(; for an>, legal action which may mise cut of or under this
agreement shall be in Monroe County, F]orida.
4
5
6
18.5.1 Conflicts in interpretation. The County 1lIlU Attorney agree thatl in the
ev~nt of conflicting intcrpret!ttions of th~ temlS or a term of ~hi s Agreement hy or between them,
the final interpretation by the County 1ihall apply.
.,
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B
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14
:5
18.5.2 Adjudi'-=ldion of Disputt.s and Disagreement'ii. The County and Attorney
agree that all disp\lte~ and disagreement" bctween them shall be: artempted to be resolved by a
meet and. confer sts-sion bet\.Veen repres~ntatives of the County and Attorney. If the issue or
issues are still not resolved to the "at.isfaction of both wilhin 30 da)'s after the meet and conkr
sess]on. thC:11 either shall have thr: right to seek such rdic.:f as may be provided by this Agreement
or by flc:i.da law.
in
i! 18.5.3 Cooperlltlon. in the event any adrnJn.istrative or lcg!11 proceeding is
18 instituted against e1ther the County or AUorm:y relatmg to the form ati onj execution,
] 9 petfonnancej Dr brmJ;ch of this Agreement. the County and Attorney each agree to par~ll:ipate, to
2-;) the ex.tent rl.:4uired by the other, i!l all proceedings, hernings, processes. mcctin~s~ and otber
21 actiy.ities related to the suhsumce of this Agrecml.T.It. The County and Attorney each agree th",t
2J: neither ~han be requlr~d to enter into My arbilnltion proceedings rela.ted to this Agreement or
23 a.,.j,y Attachmrnt or Ad.dendwn to this Agreement.
24
2;) 18.~.4 Legal ObliKation~ and Respomibmtic~; i\on-delegation of
26 Constitutional or Statutory Dalies. This Agreement is not int~ndt:d to relie\'e~ nor shall it be
27 (.;onstrued as relieving, eith(.T th~ County or Attorney from any obligation or responsibility
28 imposed upon each by hiw eXC-e;lt to the extent of act~al anc timely performa.nce thereof by the
29 other, in which case the perfcrmancc may be offered in satisfaction of the obligation or
30 responsibility, Further this Agrr:ement lS not intended to authoril:ej nor shall it be conslrued a;
31 authorizing, the delegation of the constitutional or st<.ltutory duties of the County, except to the
32 extent permitted by the flcrida Constirution, .'lhw:: st!l.tt.tes, ca.s.e lRw, and, specifically, the:
?, 3 provi 5 iOllS 0 f Chapter 125, Flori d {l S tfl t utes.
34
3:5 18.6 Attorney~s Ff:~S and Costs. In the event any admir'.istrative proceeding or cause of
36 action i~ initialeu or defended by the County or Attorney relative to the enforcement or
"'" interpretation of this Agreement, tl1~ pnm:1iling party shall be entitled to an award of rea~onabl~
38 attorney's fees. court costs, investigative, and out-of,pm:ket ex.penses, as an awurd a~almst the
39 non-;r.ev<!.ilin~ party~ and shall include reaso~ablc attorney's fees~ court cos.ts., inve;:stiga.r:ve, and
40 om~or-pOl:k.et expenses in appellate proceedings. Mediaticn proceedings inltlllted and conducted
41 pursuant to this Agreement or as. may be re:qu:.red by a court of compl::tent ju..-J.sdiction .shall be
42 conducted in accordance wi:h the Florida Rules of Civi ~ Procedure and usual and cuslOmary
43 pro~ed:lr~s r~y'uircd by the circuit court ofMonrm~ Count)'.
44
4.~ 1 S.7 Records. Attorney shaH mainta:in an books~ tecord~, and documents directly
46 pertinent to perfonnance under lbi1i Agrccmcntj inch.:;ding th:; docummt>; rd~rred to in Sections
1 ~ of 1 5
1 5.4 and 10 of this Agreement, in accordance with generally accepted accounting principles,
2 corl~iste:lt1y applied. Upon ten (10) bu::;iness days wri~tl!::n notice to the olh~~ representatives of
:3 either the Cm.l.'1h" or Attorne\' shal] have acce1>~, at all reasonable times, to all the other party's
4 boob, rel:ords~' cocrespondc~lce. instructiom:;, ~eceiptSI voucl1cr~ iind memorandL'l (cxcludb,g
5 compuler software) pertaining to work wuter d1is Agreement for the purpose of conducting II
6 complete independent fi~(;al audit. Attomey ~hall retain aU records required to be kept under thi:;;
"i Ag:eement for a minimum of five y~ars: and for at lmst four years aftc:r t.he termination of this
8 agreement. Attorney shaH ke(p such records as arc necessary to doC\m~cnt the performance oflhe
9 agrer:ment and expense!; as Incurred: and give access to the$c recorcs at the requt:st [If the
10 County ~ the State of Florida or authorized agents and represetltat~ves of said government bodies.
Il It is the responsibility of Attorney to maintain appropriate records to insur~ Ii proper accounting
12 of aU collections and remittanc~s., Attorney shaH he responsible for repayment of any and all
13 audit ~'Xceptions Wh1Ch are identified by the Auditor General for me Slate of Florida, the C~erk of
14 CO"..ut for )1onroe County, the Board of County Commissioners for Momoe County, or their
1 ~ agents and repr~cntati\'es.
16
17 18.7.1 Public: Access. Thee County and Attomt:y 5hall allow and pmnit
ll'l reasonable access to and inspection of, all dm.:uments, papers. h:::lll-'Ts~ or other materiah s:ubject to
19 the Florida Public Records Law, as provided in Chapter 119~ Florida. Sratutci, and made or
20 received by the them, unless spec.:.fically ex.empted by State Statute, Rules and Regulations of
21 The Florida Bar. or ~asc law, County shall have the right to caned thl'i agreement upon violation
22 Of~1S provision by Attorney.
n
24 18.8 Monroe Co.uuty elide Eth[c!I Proyision. Anomey warrants that he has not
25 employed, tct<:linl;d or otherv/ise had acl lm his behalf any former County offi(:~ or employee in
26 violation of Section 2 of OrdinMlcc No. 10-1990 or any Cmmty officer 0: employee in violation
27 of Section 3 of Ordi:1all";f: I\ c. 10-1990. For breach or violation of this provision the County
28 may, at it~ uisndlon, terminate this AWt:ement wit..'lout liability and ma.y also, a.t its discretion,
29 deduct from the sums owed under the Agreement, or oth~is~ recover, the full R.mou.ut of my
30 fee, commission, percentage, gift, or consideration paid to the fonner or pre"~nt County officer
31 or employee. County employees and ('Iffke:,,!> are required to comply with the standard~ of"
~1 condud delineated in Section 112_31:l, Florida S~arutes, regarding, but not limited to, golicitu.tion
33 or acceptance of gift;, do]ng bu~ines:5 wiih one's agency, una.1.lthorized competl!>ation., misuse of
;4 public position, conflicling err.ploymem or C<'llltruclua.l relationship, and discl osure of certain
3~ informat.ion,
.,e
37 18.9 Authorlt~... AUomt::)' warrantS that he and the authorized tir::J.e keepen:: are autbo~ucd by
38 Jaw and the R lllcs and Regulations of The Florida Bar to engage ~n tht: performance of the
39 a.chvities encompassed by this Agreement, 1f Anomey is II tJ1CI:l~Cr 01' a law finn, either as
4G partner, :shareholderj a.S!ioc.;ial~, or other relationship, Att.o~ncy warrants that he is lI\l!horil.cd to
q enter imo this Agn:crnent by Attorney's law finn-
.:;2
43 18.10 Puhlic Entlt}> Crime Statement. Florida hnv provide" t:lat person or affiliate
44 who has been placed on the CO;Wiclcu vendor list following a conviction for public entity crime
45 may not submit a bid on an agrct:rnent to provide any gO{)DS or :s~[\'ices to a pubiic c:ntily, may
46 not subr.'lit a bid on a agreement wi+.h a public entity for the c:onstruction or repEiir 0 (' 1.1 public
12 of' 5
building or pub~ic work, rnay not ~ubmit bids on leases of real property to public emily, may nDt
2 be awarded (.l"r pL"dorm work as a contracto:, suppl ier, s.uo-contractor. or oonsu.ltant under a
;. agreement with any public entily, and may not transaCt business- with any public entity in excess
4 of the thre:shoid amount omvided in Section 287.017j for CATEGORY TWO for a period of 36
5 mOllth~ from the date of heing placed on th~ convicted vendor list. A~orney wummts the neither
6 Attomcy nor any authmi.....ed time keeper n<:u> been named to the convicted vendor h~t.
7
t: lS.11 ADti.kickback. Attorney warrants that no person has been employed or retained
9 to solicit or secure this Agreement upon any contract or unu(.TI;ltlUding for a D:);nmission,
18 percc..:ntage; brokerage or contingent fee, and that no employee; ur officer of the County has any
11 inlerest~ financially or Qthe:\\'ise, in this Agreement, exc(-pt as expr~~ty stated hereb. For
:2 breach or v;ol.ation of this warranty1 the County shall have the right w annu: this agre~ment
:3 wi~hoUl liability Of: in its djscfction~ to deduct any sums to be paid by County umier this
:4 A !-,'Tec..'U1e...1.t: or othet."'\VtSC recover~ the full amount of such commiss,ion, percentage, brokerage or
j 5 con tingmt fee.
16
17 18.[2 :\-iodlficatlon-s and Amendxnentt. Any and all modi ficatioml of the terms nf this
tR agT~ement sha.ll nnly be amended in \\-Tjting and execu~w by the Board [)f Count}'
l~ Comm1Ss;()nen, for Monroe County And by Attorney,
2C
2l 18.13 Independeut Contta~tor. At aU limes and for all purpo.ses hereunder, A ttome:' is
22 an independent cont.'"actor and not tin employee of the Board of County Cnmmlssioners of
23 Vlonroe Count>", No statement contained in thl:;> Ab'TC\;me..'1t shan be construed so as to fmd
24 Anomey or any of the authorized time kecpccrs, tu be the employees of the Board of County
25 Commissioners of Monroe County~ and 1ht;y shall be entitled. to mme of the rights, privileges. or
25 benefits of l."ffiployees of Monroe County.
27
28 18.]4 Cumpliance .,.,ich Law. In t:arrYl:lg out Attorney's obligations. under this.
29 agrc(."Irtt:nt, Attorney shall abide by al l ~tatLlte.s, ordinances, rules and regulations pertaining to or
3U rtgu.la:i:J.g the provisions. of this Agr~ement: including tho~e now In effect and hereafter adopted,
31 .A.ny vlotaticln of said statL.lte~, ordinances, rules or regdations shall constitute: a material breach
32 of lhi1'i Agr~mlent and shaH entitl e the COWlty to terminate this Agreement immediately upun
33 delivery ohvritten notice ofrcrmination to Attorney,
3~
35 HI.15 Lkelldug and Permits. Attomcy warrants that Attom~y shaH have, prior to
36 commencement of work u.."'1der this agrccrnl.':nt and at a.ll times during ,;aid work~ all required
37 licenses and permits w~etheT r~d(...nl,.l, .\itate, County Qr City.
38
39 18.16 ~on-Discrim.ination. Attcmu:y shan no! d:scrinbate, in its employment practices
40 fInd in providing services hereunrler, on 6t:: basis ofrace, cQlor, sex, rchgionj disa.bility, natioJl<ll
4l originj ancestry, sexual mienta.tion: gender idemi!)' or expression, familial .status, or 3~el and
42 shall abide by all klk::ml and sta.te laws regarding non-dtscriminafjon, Cpon a dctnmina.cion by
43 a COll:1 oi wmpdrnt jurisc.ic-:ion that such discrimination has OCC:UTed, thi!! Agreement
44 automa.tically terminates withou: any furthc: Action by t.he C01J....'1ty, effect:ve I.he date of the court
4~ order. Atto:ney is aware of tnc provisions. of Section 13.101 thmugh 13-106, Monroe County
46 Code, relating tD non-d;scriminarioill and ag:ees to abide by the Code's non-discrimination
13 (l15
requirer.lcntS.
,.,
'"
3 18.17 Claim~ (or State or Federal AJd. The County and Attorney agree that eac..1 Sohall
4 be~ and is~ empo\verecl to appl>. for, :lcck~ and obtain fedt!ral and state funds to further the purpose
~ of this Al<,~n~~ment) provided ~.hat i;tl] applications, reque~ts, grant propo~l;1ls~ and fundi tlg
6 so1idtatiom by Attorney shall be a.pproved by the County prior to su.bmis~iun.
R 18.18 N"on~Rel(ance by ~on-Parde~. No person or entit}' shall be entitled m rely upon
'l t.i.e ter:ns, or any of t~emj of tru!S At,'Tetmlent to enforce or attempt to enforce any third-party
10 claim or EnlLtlemcnt to or benefil of any service or program con~emplated hereunder: and the
11 County and Attorney agr(:(; lha! neither the County nor Attomcy ur l1!JY officer. agent, or
12 t..11'iployee of each s.hall ha.ve the au60rity to inform, counsel, or othel."\Vise indicate that any
13 particula:l'" individc.al or g:oup of imh"iduals, en~Hy or c~tilies, have entitlements or benefits
14 under thi.. Agreement separate lli"ld apar!.: inferior to, Of S~Jp~or to the community in general or
15 fur the purposes comemplt1tccl under this Agreement.
16
17 18.19 Attestations. Attorney agrees to execute such docwnet.t5 M th~ County may
13 reas.onable require! includinH' a Drug&Free \Vorkplacc Statement: and a Public Entity C~Jne
19 S tatem oot.
2G
21 18.20 Signatures [)f Parties Required. This Agu:t:men~ shall not he eft"l;ctive until
12 executed by both County and Attorney and reed ved in final execut~ f(mn by an authorized
23 repres.en tati vc u f C0'.1I1ty.
2.1
25 18.Z1 County Authoriry. This Agreement h.as been approved at a duly ~oticed and
26 legally held publi(.; meeting conducted in :\1()nro~ Cou..1J.tyt Florida.
27
2R 18.22 ~o Personal LiabiSity. No covenant or obligutlon contained in lhi~ Agreement
29 shall be deeml..u to be a covenant or obligation of any member~ office:, agent 0: crnployee of the
3G Board Of Coumy Commissioners of Monroe County in his or her individual capacity and no
3l member, o:ficer, ageJ1t or ctn;)luyce {)f the Board Of Comty Commissioners of Monroe County
32 Shill! be liable personally on this Agreement aT bt.: subject to any per!;onal liability or
33 accmmtability by reason of the execution of this Agreement.
34
35 18.23 Exe~utlon in Counterparts. This Agreernent may be ex.ecuted in any number of
36 cour..terparts, eacn of which shall be regarded a.~ Em original, all of which taken together sha.lJ
J7 constitLltc one and the same in5;tmmrn~ and lhc Co~ty and Attorney may execute t'hi"
3a Agreement by signing ar.y su(:h c..::ounterpart.
39
4fl
4]
42
43
44-
45
46
14 of 15
17
18
19
20
21
22
23
24
25
26
1
2
3
~
:;
6
THIS AGRF.EMENT has. h~en signed and executed hy the Board of County
Commissioners of .Monroe County, Florida~ and has been s.igned and executed by Attorney, 0:1
the dates indi cat cd below.
ATTEST:
BOARD OF COU~lY CO:vJ:\llSS10~ERS
OF MO'''ROE CO"CNTY, FLORIDA
~
I
fI
~
~o
DA~~Y L. LOLHA.GE1 CLERK
BJ:
B1'=
. f
1&
DepUQ" Cluk
Mayor/Mayor Pro Tern
12
13
14
15
16 \""itness es for A ttorne~ :
Date:
Date~
By:
Signature
I J .IAM D. BRI~TON, E~qulre
Rogers Towel'"$~ P.A.
1301 Riverplact. Blvd.j Suite 1:5011
JaCk$OllyUlet FL 32207
904...346.5.537 (Direcl Line)
904.396.0663 (F3cliimlle)
P rin ted N arne
Signature
1/~<j
n
28
Date:
Prin ted :"\ a me
15 of · 5-
1R(")(~TU\lil E ;(~
W'LIli"rt1 0, Brintt><1
n:Jl ~ooJlev.>~J.SIJ'";t15C(;
;R.Ck9cm.ili, ~ .~2207
!J. T - ".:.. :.: ..... ~ .. ~ .l.,.
... 'r'."
~04 346. 55~~
\X.'BMt')"(g;.t~..... .~c.r.
~J.1:, 392.3911 :>'hlJlL
~. j% . iY,(,~ ;"u
.."..,...",...d.......l:O<'l",
Sc ptem ber 6, 2005
EXH1B1T A
John Collins. Cuunty Attorney
(:,..'0 Su~an Gdmsley~ Assistant County Attorney
)..torlru-.: County Attorney
p, 0, Box 1026
Kej' \Fest. FL 33041-1026
Re: Retention re sign reguhll1ion r4;vlew
Dear M r, Co llim;
On behalf of thl; finn, I would like to set forth the t(:rms of our prospective engagement hl
consult v,.ith Monroe: County in ~onnection with its land development regulations regulating
slgnage. As part of our routille in openin~ neW matters, we provldt= a letter to the dient to
confirm our representation and to describe generally the services to be performed and the basl!l
for compcmmli[Jn.
Nature of Representation
This letter confirms OUr pruposal to provide consultation services to Monroe County in
connection with a review of the current land development regulatfons pertaining to signa-ge, and
possible amendments and/or modificatiom lheIeto~ in connedion with First Am~ndment and
Olhl.:T issues. Our repre.gentutlon shan include review of the comprehensive planj Future l.flnd
Use Element (FLeE), I 'LU;\i1, zoning map, existing sign code, zoning n:glllationSI preparatlon of
a draft of a new onlinanee: meeting with apprDpriate staff fOT revic:w) attendance at a Planning
Corumi~:~;i(Jn Meetingj and att~lldance at County Commission ~vleeting (one or lWO). We
understand that our representation pursuant to this ktter V\-"ill be limited to these matters. if you
desire any addition1l.l legal services, please advise us so that 've may prepare a separate lctt~r
dMcribing Lho.se service.., and tne fees to be charged.
r (:9.:,1 and C 0518
Our fees for legal services "lIe based on the time sp~nt by our artohu::ys 'llld legal
a g si stan ts and are charged In 1 il Oth hour incremen 1~. We '\.vill bill you fo r our ~ervices on a
monthly basis based On lht: billing rate:ol we hav-c agreed upon. I will be doing most of the '....mk
invol ved in thj~ proposed consultation. The billing rate we have proposed is a reduced rate of
$225.00 per hour tor my services (rcdll-[.~d from $290.00 per hour). I expect tha1 my primal')'
paralegal Elizabeth M. Rudd may be \vorking on some portiun of this matt~r with. me at a
reduced rate of $95,00 per hQur (reduced from S 110.00 per hour)t and that a senior associate
Rut.h A, Holmes may be involved to som~ t:x~cnt at a reduc:d rate of ~170.00 per hour (rcdLlt:~(i
from S 175 .00 per hour),
\1unroe County A Homey
cia Susan Grim:-lley, Esquire
September 6, 2005
Page ~
Payment 0 four month 1)' invoices is due with i n thirty (30) d E'l. y.'i, Interes1 al the rate 0 f one
percent (1,0%) per month will b.: payable on aH past d.ue invoices. \Ve will include all costs we
incur or adv<1n(.;e in the course of your representation. Cm;.t~ ma)' include copy c:harge~.
messe.ngcr services, long distance telephone ,harges and other reasonabIe and n~ces$a.r:' cl:1argcs
incurred in the representation,
Ex.cept a.'3 may be spedfil:ully authorized in V>Titing, this t!s:'llgnment wit! be undertaken
for an illTIount not to el)~~J;~:q. $12.500,00, exclusiv~ of travel exp~nscs and costs.
Addi ti onal T emlS
1n Llndertakinj;j this representation, we have taken precautiuns to determine whether the
finn has any conflicts of interest with other clients. We are a relatively large finn and we
repre!;ent many {]th.er companies and individuals. It is po~~i hle that some of our present or future
cHents will have disputes or transactions with you during the time that we are representing you.
Therefore. as a cand~1lon to our undertaking the representation dc,<;cribed herein, you agree that
this firm may continue to represent ~)r ma~ undertake in the future to represco:nt existing or new
djent~ in any manner that is not directly ad"erse to Monroe County, Florida,
Sec:w.i.ty..~.t}J Intc~ritv of C9mm\Jni~tions
During the course of our representation, each of us may have the opp{]rtunil}' to
corr~spond using numerous communication mediums, In addition to tradilLonal deliveI)'
method.~, slIch i.iS postal service and te1epholle~ constantl)' developing technology offers further
means that are general1y accepted and used b)' individuals and businesse!i. For convenience anll
expediency, each of uS may utilize these other means., which induJe facsimile, cellular and
cordles~ tel~phones. and electronic mail. It is important to understand that the1>e mediums are
not necess.arily secure fmm lntcrception or alteration hy olhers and may not r(;ccive protection
under state or federal law. Transmitted infonnl.ltioIl is capable of intercept~on and immediate
reproductIon, alteration, and IVidespread distribution at relatively liUk cost or effort Rogers,
Towers Intends to use these mcdium~ to communicate wil.h you and others during the course of
OUI representation. However, we should each be aware of the security concerns and take mest'
issues into consideration when using these means of communication.
If ;'OU find the arrangements outlined a.hove. lim satisfacto1")', pleas.c 5Lgn the enclosed
copy and rEturn it lo Ll~. If you have any questions about the content1'l of this hmer, or any other
matter, we would welcome: them.
Monroe County Attorney
cio Susan Grimsk)\ Esquire
Septembc r 6~ 2005
rage 3
Vo,.'e sincerely appleciat~ the oppcrtunit), to represent :\1anroe County in tni'l matter and
we look forward to a pleasant, :successful relationship.
V cry tru1r yours,
B.....
. .
A~~d to on this _ dar of September 2005,
John Collins
Munroe County Attorney