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January 9, 2018 <br />Page 2 <br />through July 31, 2018. The monthly fee will be paid at the beginning of each month (not in <br />arrears) for the first five months, with no charge for the final month, for a total of $50,000 for the <br />six month engagement. After the six month engagement, McDermott and the County will <br />mutually decide whether to continue the engagement and McDermott will offer similar pricing <br />for any extension of the Agreement. <br />In the event that the filing of litigation related to the U.S. Department of Transportation results in <br />reduced federal advocacy efforts during the course of this engagement, McDermott will only <br />charge for the time spent on advocacy activities each month, whenever that amount is less than <br />the agreed upon $10,000 per month fixed fee and no unbilled carry forward fees from prior <br />months exist. <br />Our representation of the County does not extend to the County's employees, governmental <br />entities, agencies, departments or bureaus or other entities in which it owns an interest (even a <br />substantial interest). <br />In order to avoid misunderstandings concerning potential conflicts of interest, it is our policy to <br />clarify the identity of our clients and the circumstances under which we may represent other <br />clients with interests which are or may be adverse to the County. McDermott is registered under <br />the LDA to lobby for Citizens Against Rail Expansion in Florida (CARE FL), and provides legal <br />services to CARE FL as well as Martin County. We do not lobby for Martin County. CARE FL <br />and Martin County have agreed in writing to waive any conflict with the County for the services <br />in this agreement. By executing this agreement, Indian River County continues to waive any <br />conflict with CARE FL and with Martin County relating to these issues. They have signed <br />corresponding waivers. <br />McDermott represents, and in the future will represent, many other clients. During the time we <br />are working for the County, one or more existing or future clients may ask McDermott to <br />represent them in an actual or potential transaction or contested matter, including litigation or <br />other dispute resolution proceedings, adverse to the County's interests. By entering into this <br />engagement, the County agrees that McDermott can accept all such representations, even if the <br />other client's interests are or may become directly adverse to the County's interests, unless the <br />matter is substantially related to a matter in which we are representing the County, or will require <br />disclosure of the County's confidential information. (All such representations are referred to as <br />"Permitted Representations".) The County waives all actual and potential conflicts of interest <br />that might exist because of any Permitted Representations undertaken by McDermott, and will <br />not assert that any engagement of McDermott for the County is a basis to challenge or to <br />disqualify McDermott from undertaking or continuing any Permitted Representation. <br />14 <br />