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Item M3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2001 Division: County Attorney Bulk Item: Yes iii No D AGENDA ITEM WORDING: Supplemental $125,000 budget request for FY200t (Cost Center 67501, Line 530318). ITEM BACKGROUND: In this FY to date, one case (Post Buckley) has cost over $150,000, and will continue to incur substantial expenses through trial. That cost, by itself, greatly exceeds the annual County Attorney budget for outside legal fees, and has consumed much of the contingency line item. PREVIOUS RELEVANT BOCC ACTION: FY Budget for County Attorney outside legal fees was set at $80,000; all but $15,000 of "other" line item has been transferred to Line Item 530318 or obligated to date. CONTRACT/AGREEMENT CHANGES: Requested FY200t supplement will increase Line 530318 to $370,000 (inclusive of prior transfers). STAFF RECOMMENDATIONS: Approval. TOTAL COST: $125,000 COST TO COUNTY $125,000 BUDGETED: Yes D No' APPROVED BY: County Attorney D OMB/Purchasing D Risk Managem nt D DOCUMENTATION: Included III NDRICK Not Required D DIVISION DIRECTOR APPROVAL: AGENDA ITEM # /--iL8 The Smith Law Firm Re: Monroe County v. PBS&J Invoice No. 604 dated June 2, 2000 Invoice No. 695 dated July 5, 2000 Invoice No. 706 dated Aug. 2, 2000 Invoice No. 754 dated Sept. 1, 2000 Invoice No. 820 dated Oct. 2, 2000 Invoice No. 868 dated Nov. 1, 2000 Invoice No. 921 dated Dec. 12,2000 Invoice No. 979 dated Jan. 2, 2001 Invoice No. 1066 dated Feb. 27, 2001 Invoice No. 1089 dated March 2, 2001 $ 217.50 $ 988.50 $ 1,465.00 $ 538.00 $ 60.00 $ 9,675.25 $ 28,033.80 $ 23,606.35 $ 33,710.33 $ 3,681.84 Total of Smith invoices rec'd to 3/31/01 Technical Advisory Services, Inc. Re: Monroe County v. PBS&J Invoice dated Dec. 26, 2000 Invoice dated Jan. 16, 2001 Invoice dated Feb. 26, 2001 $ 15,030.00 $ 7,250.00 $ 30,170.00 Total ofTASA invoices rec'd to 3/31/01 TOTAL $101,976.57 $ 52,450.00 $154,426.57 1_. THE SMITH LAW FIRM A PROFESSIONAL ASSOCIATION TIB BANK BUILDING. SUITE 201 . 330 WHITEHEAD STREET. KEY WEST, FLORIDA 33040 WAYNE LARUE SMITH. MBA, JD ALSO ADMITTED WASHINGTON. DC KEITH W. UPSON March 23,2001 James T. Hendrick, Esq. County Attorney's Office P. O. Box 1026 Key West, FL 33041 RE: Monroe County v. PBSJ Dear Jim: We received a request from your office for an estimate of the legal fees and costs that will be incurred through trial of this matter. The trial is expected to take as long as 10 days. As you know, the defendant has employed some extraordinary strategies in this litigation that have dramatically affected the cost of pursuing the claim. I expect the defendant to continue this tack and, for that reason, I find it more challenging to give a narrow estimate of the cost. In addition, we have yet to take the depositions of the expert witnesses. Otherwise, a major portion of the trial preparation has taken place. Taking into account all of the possible variables, I believe that the total costs and fees that will be incurred from this date through trial could range from between $40,000 and $125,000. Please let me know if you require further information on this issue. Thank you for your attention. Sincerely, WLS :td F:\DOCS\15502\Hendrick letter 3-23-01.doc TELEPHONE: (305) 296-0029 . FACSIMILE: (305) 296-9172. TOLL FREE: (BOO) 800-3497. E-MAIL: TSLF@THESMITHLAWFIRM.COM