09/18/2002
Hugh J. Morgan
James T. Hendrick
Karen K. Cabanas
Iedde V. Regante
Robert Cintron, Ir.
LAW OFFICES
MORGAN & HENDRICK
317 WHITEHEAD STREET, KEy WEST, FLORIDA
TELEPHONE 305.296.5676
FACSIMILE 305.296.4331
W. Curry Harris
(1907-1988)
Hilary U. Albury
( 1920-1999)
September 24, 2002
Board of County Commissioners
Monroe County
Key West, Florida
RE: General Civil Litigation - Letter of Engagement
Dear Commissioners:
The law firm of Morgan & Hendrick ("Law Firm") hereby submits to the Board of County
Commissioners this letter of engagement reciting the legal services the Law Firm will perform and the
basis for compensation.
The Law Firm agrees to serve as litigation counsel to the Board of County Commissioners of
Monroe County, Florida ("BOCC") in accordance with the terms set forth herein.
The Law Firm agrees to provide legal representation to Monroe County in matters involving
potential and pending general civil litigation as may be assigned by the County Attorney, excluding the
areas of representation covered by the parties' engagement letter for Land Use-Growth Management
Division representation. The County Attorney shall be guided by the policy directive of the BOCC to
refer to the Law Firm those matters involving significant exposure to, or substantial recovery by the
County, including claims in which the complaintant seeks to recover substantial sums. In all matters
involving personal injury liability in which the County may be found liable, as long as the County
participates in the self-insurance program of the Florida League of Cities ("the League"), referral shall
be governed by the provisions of the County's contractual arrangements with the League.
As compensation for legal services, the County will pay to the Law Firm a fee which will be
billed monthly on the following schedule:
Attorneys
Law Clerk (must have degree)
Paralegal
$225.00 per hour
$125.00 per hour
$ 75.00 per hour
The Law Firm may, at its own discretion, select counsel to assist them; however, said counsel
shall be compensated at the same rates set forth herein.
Unless otherwise subsequently agreed, the compensation earned by the Law Firm as fees under
this Contract shall not exceed $80,000.00 for the fiscal year ending September 30, 2003, subject to the
MAILING ADDRESS: P.O. Box 1117, KEY WEST FL 33041
E-MAIL: KCabanas@morganandhendrick.com
budget for that fiscal year, allocating sufficient funds. The Law Firm will not bill for any services
performed by James T. Hendrick while he serves as County Attorney.
Under subject letter of engagement, the Law Firm shall be retained on a month-to-month
basis pending the selection and hiring of a new County Attorney.
Additionally, the County agrees to reimburse the Law Firm for all costs that are incurred in the
course of representation. Normal costs include expert witness fees, copying charges, long distance
telephone calls, travel and lodging expenses, mailing charges, fax charges, mileage, research charges,
court reporters and other out-of-pocket expenses. A statement showing the amount of fees and expenses
will be forwarded monthly. Each statement is payable upon receipt.
Further, the County will reimburse the Law Firm for the acquisition of legal informational
materials specifically related to the legal representation of the County, including the cost of seminar
fees, travel and lodging not to exceed $2,500 per year.
We believe that the above provisions outline in reasonable detail our agreement as to this
representation and we sincerely appreciate the opportunity to represent Momoe County and look
forward to continuing a pleasant and successful relationship.
~
Karen K. Cabanas
For the Law Firm of Morgan & Hendrick
?
BOARD OF CO
Momoe County
L. KOLHAGE, Clerk
By:~<>WQ.~~
Deputy Clerk
APPROVED AS TO ~ORM
AND _ L:S9AL SUFFrC~ENCY.
BY I '-e.-. j/'~L--....
DATE /~/),/J lr
~
3: <:::;:> "'TJ
0 c c=
z :t> I"..;) r-
::u ;:;: a fTI
oCJ_, C"") CJ
r- -...
rrl::ll:-<'
",. I" "'TJ
OeJ' a 0
S30:e<: :::0
::::j. C -u :;.0
-<CJS"; ::J: f7i
. ,-;
.,,' p. N ('")
r- CJ <:)
)> f"T1 N ::::0
.s;:-' CJ
MAILING ADDRESS: P.O. Box 1117, KEVWEST FL 33041
E-MAIL: KCabanas@morganandhendrick.Com