1. 1st Amendment 08/15/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 27, 2007
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy Peters
Executive Assistant
Pamela G. Han~
Deputy Clerk
ATTN:
At the August 15, 2007, Board of County Commissioner's meeting the Board granted
approval of the amended budget for the legal services of Kaplan, Kirsch and Rockwell vis-a-vis
FAA issues at Key West International Airport.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any qUl~stions please do not hesitate to contact this office.
cc: Finance
File.!
III
KAPLAN KIRSCH ROCKWELL
July 3, 2007
Suzanne A. Hutton, Esq.
Monroe County Attorney
Office of the County Attorney
P.O. Box 1026
Key West, FL 33041-1026
Re: Amended Budget for Legal Services
Dear Ms. Hutton:
As you are aware, Kaplan Kirsch and Rockwell's billings have exceeded the $50,000 budget that
Monroe County ("County") approved earlier in the year for representation with respect to FAA
issues. Our invoice for services provided through June 30, 2007 is attached. As you requested,
we are providing this letter to amend the budget set forth in our original engagement letter dated
January 9,2007.
The originally contemplated scope of representation was the resolution of the issues raised by
FAA with respect to the federal grant-assisted construction projects at the County airports. The
original issues appear to be substantially resolved with the exception of certain FAA comments
regarding federal funding percentages that do not appear to be fully consistent with the County's
approved funding plans and some potential issues related to costs incurred prior to February 2,
2007. We anticipate that some additional time may be required to finalize a documentation
package that will be provided to FAA in response to these issues and to follow up with FAA if
questions remain.
If a meeting with FAA is not required, we expect that a budget increase of $15,000 should be
sufficient to cover time for work done in June and time required to finalize a documentation
package and some follow up with FAA by telephone as appropriate. If a meeting with FAA
becomes necessary or desirable, we expect the additional cost of attendance to be roughly
$10,000 to $15,000 for time and out-of pocket costs. The cost will depend on whether one or
two people attend and whether Tom Devine attends from our Washington D.C. office or Peter
Kirsch and/or I attend from Denver.
As you recall, the original budget approved for Kaplan Kirsch did not include services that
Kaplan Kirsch has subcontracted to TetraTech, although we determined with the County that
there would be advantages to coordinating those services through our office. TetraTech's fees
were $9,500 (and may have included some additional out-of-pocket costs). So, an increase of the
total Kaplan Kirsch budget to $60,000 is consistent with the original budget approved for this
Attorneys at Law
Denver . New York . Washington, DC
Kaplan Kirsch & Rockwell LLP
1675 Broadway, Suite 2300
Denver. CO 80202
tel: (303) 825-7000
fax: (303) 825-7005
www.kaplankirsch.com
July 3,2007
Page 2
work. We propose increasing the budget to $75,000 to accommodate the potential that a meeting
with FAA will be necessary and/or to provide some buffer in the event that the County requires
additional assistance with these or with other issues related to funding that may arise prior to the
completion of construction.
Please let me: know if you have any questions or need some additional information. If this
proposed budget increase is acceptable, please indicate the County's approval by having the
appropriate individual sign below and returning one originally-executed letter to me for our files.
We have appreciated the opportunity to work with you and hope that we may continue a
mutually satisfactory relationship. Thank you, again.
Sincerely,
~~c1:=--
cc: Mr. Gerry Kelly
Pedro Mercado, Esq.
Michael Olenick, Esq.
Mr. Tom Willi
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ACCEPTED AND AGREED:
On behalf of County of ~onroe, Florida
0ta~l}~
BOARD OF COUNTY COMKISSIONERS
Name: OF MONROE COUNTY, FLORIDA
MONROE COUNTY ATTORNEY
AP
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Title: Mayor Mario DiG.,nnaro
5 2007
County of Monroe, FL
Tom Willi
1100 Simonton Street
Key West, FL 33040
Client Matter 10:
1312-02 FAJ, Matters
Kaplan Kirsch & Rockwell LLP
1675 Broadway
Suite 2300
Denver, CO 80202
(303) 825-7000
EIN 05-0573472
Statement as of June 30, 2007
Statement No. 3828
Current Fees:
Current Expenses:
Totai Current Billing:
Previous Balance:
Total Now Due:
4,12000
149.60
4,269.60
5,248.10
9,517.70
Kaplan Kirsch & Rockwell LLP
1675 Broadway
Suite 2300
Denver, CO 80202
(303) 825-7000
EIN 05-0573472
Statement as of June 30, 2007
Statement No. 3828
County of Monroe, FL
Tom Willi
1100 Simonton Street
Key West, FL 33040
1312-02: FAA Matters
Professional Fee,; Hours Rate Amount
6/1/2007 TRD Review materials from P. Jessen concerning PFC 1.70 425.00 722.50
and AlP eligibility and terminal project at Key
West; telephone conference with P. Jessen to
discuss telephone conference with client and
issues to analyze in moving ahead
6/1/2007 PBJ Identify and forward materials package to T. Devine 0.30 300.00 90.00
re: letter to FAA on financing issues
6/5/2007 TRD Review documents; draft inserts for letter to FAA; 1.50 425.00 637.50
review and revise letter
6/8/2007 PBJ Review additions to letter to FAA and conference 0.30 300.00 90.00
with T. Devine re: same
6/21/2007 PBJ Finalize and transmit funding response package to 2.50 300.00 750.00
P. Mercado and P. Horton; draft brief
memorandum to P. Mercado re: budget increase
6/25/2007 TRD Review changes to letter; review background 1.10 425.00 467.50
documents; telephone conference with P. Jessen
to convey changes to letter; review revised letter
6/25/2007 PBJ Conference with T. Devine, P. Mercado and P. 1.30 300.00 390.00
Horton re: package for transmittal to FAA; review
transmittal letter
6/26/2007 TRD Review F. Newton comments on draft letter to FAA 0.20 425.00 85.00
6/27/2007 TRD Telephone conference with P. Jessen concerning 0.90 425.00 382.50
revised letter; review and revise letter to FAA
based on review of FAA letters on PFC notices;
circulate revised letter to F. Newton, P. Jessen, D.
Spector
6/27/2007 PBJ Revise letter to FAA; conference with T. Devine re: 1.00 300.00 300.00
same
6/28/2007 TRD Email exchanges with P. Jessen and F. Newton 0.20 425.00 85.00
concerning questions for letter to FAA
6/28/2007 PBJ Conference with F. Newton re: completion of letter OAO 300.00 120.00
Kaplan Kirsch & Rockwell LLP
and coordination with P. Horton
Expenses
6/29/2007
Photocopies
Color Photocopies
Rate Summary
Thomas R. Devine
Polly B. Jessen
Page: 2
Sub-totai Hours: 11.40 Sub-total Fees:
4,120.00
5.60 hours at 425.00 /hr
5.80 hours at 300.00 /hr
Sub-total Expenses:
Total Current Billing:
Previous Balance:
Total Now Due:
75.60
74.00
149.60
4,269.60
5,248.10
9,517.70
REMITTANCE COpy
Return with Payment
County of Monroe, FL
Tom Willi
1100 Simonton Street
Key West, FL 33040
Amount Due:
9,517.70
PLEASE REMIT TO:
Kaplan Kirsch & Rockwell LLP
1675 Broadway #2300
Denver, Co 80202
Statement Number:
Statement Date:
MatterlD:
3828
June 30, 2007
1312-02
III
KAPLAN KI RSCH ROCKWE LL
July 11, 2007
STATEMENT REGARDING INTERNAL COSTS
Client/Matter No.:
1312-02
Billing Month:
June 2007
Statement No.:
3828
Black & White Photocopy Charges:
378 Copies at $0.20 per copy = $75.60
Color Photocopy Charges:
148 Copies at $0.50 per copy = $74.00
Facsimile Charges:
o Pages at $1.00 per page = $0.00
If you have any questions or require anything further, please contact our office.
~ .~~1r~
Edna Yribia Trujillo
Firm Administrator
Attorneys at Law
Kaplan Kirsch & Rochvdl liP
1675 Broadway, SUIte 2.\00
Denver, CO R0202
lei ()O.\) X25-7000
lax: (.\0.\) X25-7005
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