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Home My WebLink About2011-088 0 < .i / ate � ► I VOCELLE BERG , LLP U g � ATTORNEYS AT I, AW A LIMITED LIABILITY PARTNERSHII' 3333 20TH STR3 EET 21 SIX D COUNTY OFFICE 321 SIXTH AVENUE OF PROFESSIONAL ASSOCIATIONS: VERO BEACH, FLORIDA 32960-2469 INDIALANTIC, FLORIDA 32903 LOUIS B . VOCELLE, JR ., P. A. TELEPHONE (772) 562-8111 TELEPHONE: (321) 725-3303 BOARDCEHHHEOCIVIL TRIAL LnwveR FAX (772) 562-2870 BOARD CEI0 IFIEDBUSINESS1.11'IGA7ION www . VocelleBerg.com PAUL R . BERG, P.A. 1501% 1D CI 111117111.1) CIVIL I RIAs. LAWYER BOARD CLRI'IFILD BUSINESS 1.111GAT10N PLEASE• REPLY TO V ERO BEACH Sr. LUCIE COUNTY OFFICE 102 NORTH SECOND STREET PETER J . SWEENEY, JR. FT. PIERCE, FLORIDA 34950 - - ATTORNEY'S E-MAIL : TELEI' FIONE: (772) 489-0774 MICHAEL G . KISSNFR, JR . PBerg@VocelleBerg. com AUTHORITY TO REPRESENT ( Contingency Fee Agreement) INDIAN RIVER COUNTY , does hereby retain and employ VOCELLE & BERG , LLP , as our attorneys to represent it in a claim against The Guarantee Company of North America USA for damages resulting from the failure to pay on a bid bond to INDIAN RIVER COUNTY . As compensation for their services , INDIAN RIVER COUNTY agrees to pay said attorneys from the proceeds of the gross recovery , the following fee : 1 . (a) Before the filing of an answer to a lawsuit or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made , the expiration of time period provided for such action : ( i ) 33 1 /3 of any recovery (b ) After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made , the expiration of the time period provided for such action , through the entry of judgment . ( i ) 40% of any recovery (c) An additional 8 % (eight percent) of any recovery after notice of appeal is filed or if post judgment relief or action is required for recovery of the judgment . It is understood and agreed that this employment is upon a contingent basis and if no recovery is made , I will not be indebted to any attorneys for any sum whatsoever for the SERIOUS PERSONAL INIURY -- WRONG17UL DEA"Ili - COMMERCIAL & CONSTRUCTION LITIGATION - BUSINESS & INSURANCE DISPUTES - March 4 , 2011 Contingency Fee Agreement attorneys ' fees , although we will remain responsible for costs or funds advanced to others in representing me . I specifically give my lawyer authority to file my lawsuit or to demand arbitration or to begin any other appropriate legal proceedings at any time , which in his sole discretion , he deems advisable . I agree to pay all court costs , expenses , and fiend advanced to others in representing me (these may include , without limitation : costs of investigation , obtaining records , filing fees in the courts , fees for the sheriff and process servers , mediation fees , court reporters ' fees , copying charges , long distance telephone bills and postage) . Should the attorneys ' fees paid or ordered to be paid by the person , firm , corporation or party liable as the result of settlement or the court awarded attorneys ' fees exceed the percentage fee above , such settlement fee or court awarded fee shall be the attorneys ' fee . In other words , the attorneys ' fee shall be the greater of the percentage fee and the court awarded or settlement fee paid or ordered to be paid by the person , firm , corporation , or party liable . Nothing herein shall be construed to limit the fee paid or to be paid by the person , firm , corporation , or party liable to the percentages listed above . If the defendant is required to pay our attorney ' s fee , then I agree that the attorney ' s fee shall be increased to the lesser of $450 . 00 per hour- or the court award but in no event shall the fee be less than the percentage above . Further, if, after reasonable investigation of your claim or claims , the attorneys determine that it is not feasible to prosecute such claims , upon notification to the undersigned of such Pacts , the attorneys may withdraw from representation under this agreement . In the event any litigation is necessary to enforce the terms of this contract, then the non - prevailing party in that litigation shall pay reasonable attorney ' s fees and costs incurred by the �^ �S@RIOUS PERSONAL INJURY - WRONGFUL DrA'fhl - CON,lh-IERCIAL & CONSTRUCTION LITIGATION - BUSINESS & INSURANCE DISPUTES - March 4 , 2011 Contingency Fee Agreement prevailing party , including costs and attorneys ' Fees on appeal . The laws of the state of Florida shall govern enforcement of this agreement . Venue shall be in Indian River County , Florida or the county of residence of any of the defendants in the litigation , but the parties agree that venue of any action between VOCELLE & BERG , L . L . P . , and clients shall be exclusively in Indian ,. " ';y11 Go �,jM River County , Florida . eau • %s . � ' ��• �'�( K '• vet{` \1 Signed this 5 day of April 2011 . o �so ' PR �V� � o INDIAN RIVER COUNTY 9 • ' . ® ��° e,�'� . . . . tl. a ' On Otly °G a0oPp6pfA Co ty Admini trator By :ROVED AS TO F A LEGAL SUF I ENCY ( Printed Name) B)( Chairman S ALAN P C (Title) COUNTY ORN EY The above employment is herebyacceptedon the terms stated herein . DATED this day of / �R �c/�j _, 2011 . VOCELLE & BERG , LLP 3333 - 20th Street Vero Beach , FL 32960 - 2460 Telephone : ( 772 ) 562 - 8111 Facsimile ( 772 ) 562 -2870 E- mailPBerg ) cell Berg . c i B _ Y • Pa FL Bar No . 901172 X : \IRC 312 \v . Guarantee Co of North America USA\03 - 04 - 11 Contingency Agmt. cks . doc SERIOUS PERSONAL INJURY — WRONGFUL DEATH — COMMERCIAL & CONSTRUCTION LITIGATION — BUSINESS & INSURANCE DISPUTES —