Loading...
05/13/1992 Board of County Commissioners Attn.: Hon. Wilhelmina Harvey Mayor, Monroe County April 27, 1992 Page 2 terms and conditions set forth in Exhibits (1), (2) and (3), which are attached hereto and speak for themselves. Very truly yours, BY~~_ HUGH J. ORGAN For the Firm HJM:bjw Enclosures ~..ACKNOWLEDGED, ~' 1992. UNDERSTOOD AND AGREED this lU), day of . . :\' v:'.:t ."" II 6 ~..... .""'- ,,- ..... t'1I.. " WILHELMINA HARVEY , Dais 7", ~~..~r.:;' '-' '-' HUGH .,;. MOROAN u....MU T. HENDRII;I( L.AW Of'"..-'CE;& MORGAN a HENDRICK ,J17 WHITtMtAO STRetT KEV WIEST, F'LOl't'OA # M...ILING AOD"'E85 P. 0, BOI( 1117 KJ:,'" WEST. n. OJaool' , " KAIU.EEN A GRANT W. CUAR.,. HARRIS TEL.g,.,MONE. 130lJol.pe.ae76 lI~O".le'" TELECOPIE,. 130!,) ......3:J11 HILARY U. A\..I!III,JRY tRr.T1R["Dl January 2, 1992 Board of County Commissioners Monroe County Key West, Florida Re: Special Litiqation Counsel Dear commissioners: As part of our praotice in opening new matters and as a result of past experience, the law firm of Morgan & Hendrick, (L~w-rirm), provides an engagement letter to prospective clients. This letter sets forth, generally, a reoital of legal services we will perform and the basis for our compensation. Accordingly, this letter confirms our agreement to serVe as special litigation counsel to the Board of County Commissioners of Monroe County, Florida, (County). The law firm agrees not to undertake representation of any person directly relating to any business, permitting, litigation or other dealings in which the County or any of its agencies is an adVerse party or the source ,from Which a permit, development order or other benefit is sought. It is understood and agreed that the Law Firm's representation of existing clients having an interest adverse to the County or who are currently involved in opposing or seeking development approval, shall cease no later than December 25, 1991. As compensation for legal 8ervi~es, the County will pay to the Law Firm a fee which will be billed monthly on the following schedule: Partner Associate Paralegal $150.00/hour $125.00/hour $ 50.CO/hour The Law Firm, in its own discretion, may employ counsel to assist them; however said counsel shall be compensated at rates agreed by the County Attorney. Under no circumstances Shall the oompensation under this Contract exceed $150,000.00 for the fiscal year 1991 - 1992. EXHJBlT . I T " "-" "-" Board of County commissioners January 2, 1992 Page 2 The County agreee to reimburse the Law Firm for- all costs that we incur in the course of representation. Normal costs include copying charges, long distance telephone, travel and lodging charges, mailing charges and other out-ot-pocket expenses. A statement showing the amount of fees and expenses will be forwarded monthly. Each statement is payable upon receipt. Either party may terminate this contract with or without causa by giving thirty (30) days written notice. We believe that the above provisions outline in reasonable detail our agreement as to this representation. If you find these arrangements satiSfactory, please sign the enclosed copy ot this letter and return it to us immediately. fi~ We sincerely appreciate the opportunity to represent Monroe County and look forward to a pleasant and successful relationship. Very truly yours, ~1~ MORGAN & HENDRICK ACKNOWLEDGED, 1991. UNDERSTOOD AND AGREED this 11th day of Decemb~r. ~"J\~"": 1 -_i\l. ..... t' ~ Boar~ 0 County Commissioners Monroe county (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By...hJ./:. ~ 4- ~~;K f lIy AP~~F01IM A~'O Cil BfJFF. IENCY. , )' --- AltorMy. ()tIIgt i .2~_ ' Cj,- D.', LAW OF"F"lCES MORGAN a. HENDRICK HUGH.,) '"'ORGAN ..JA~ES T HENDRICK 317 WHITEHEAD STREET KEY WEST, FLORIDA MAILING AOORESS 1>,0 BO)( '1t7 KEY WEST. f"L 33041 Il.ARLEtN A GRANT TELEPHONE 130~1 296.~676 W CURRY HARRIS HIL,ARY U "LBURY (ReTIREDI TELECOFIER (305.2il15-433' February 7, 1992 Board of County Commissioners Monroe County Key West, Florida Dear cor.~issioners: This letter will serve to amend our engagement letter of January 2, 1992. ..... It is agreed between the county and the law firm that in addition to its duties as special litigation counsel, the law firm will act as special counsel to the County on Legislative and state Agency matters. All other terms and conditions remain the same, including the fee schedule and the agreement to a cap of $150,000.00, as the maximum compensation allocated for all services for the fiscal year 1991-1992. Very truly yours, ,~,~ HUGH J. MORGAN HJM:bjw ACKNOWLEDGED, UNDERSTOOD AND AGREED this ~ day of February, 1992. ~.L_ -: .. ~ ~ l-Lo-\. Board of c~unty c~mmissi'one~ Monroe county (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK ",.L2L ~ ./t Deput 1 erk By ~ AtA:lmtJI' ~ z'If1,j~ Oats EXHIBIT _ 0-.. xx 131 --:. Presentations were made by Dames & Moore and Reynolds, Smith and Hills, Inc. concerning the Key West International Airport Development of Regional Impact and Major Conditional Use Contract. The Board announced that the selection process would be by ranking the firms according to a point system, reflecting the Number One selection to receive the Number One vote, and the sUccessful nominee would be that one with the lowest point total. The Board proceeded to ballot with the following results: Cheal Jones London Stormont Harvey Total Dames & Moore 1 1 1 1 1 5 Reynolds, Smith 2 2 2 2 2 10 , ~ The Clerk announced the results of the tabulation which I named Dames & Moore as the successful firm. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to authorize Staff to negotiate with the firm of Dames & Moore. Roll call vote was unanimous. COMMISSIONERS' ITEMS - Commissioner London discussed the results obtained from the employment of the law firm of Morgan and Hendrick and a propoSed assignment of legal responsibilities for the GrowthiManagement Division and development of related tssues'. Hugh Morgan addressed the Board. Motion was made 'by'"Commissioner London and seconded by Commissioner Stormont th'\t all legal matters in reference to the Comprehensive Plan be transferred to the Growth Management Division iqcluding but not limited to defense, case preparation, resolutions, opinion issuances, outside counsel and legal sufficiency matters. During discussion, motion was made by Commissioner London and seconded by Commissioner Cheal to . .. ,~ _.___J_~ ______!__.__,~~ -- xx ,132 ".The ,Attorneys will advise the Director and Division Staff on land use matters as and when requested, but shall have no responsibility or authority to make policy decisions with respect to specific land use permits or applications, nor to render advisory opinions to anyone other than the Division and the BOCC. Except as may be customary and necessary in the course of litigation or when specifically directed to do so by the Director, the Attorney shall refuse, and shall direct to the Division's staff, all third-party (~, a landowner, applicant, member of the general public or an interest group, o~ a representative thereof) inquiries, requests, and other communications which relate to a specific land use permit or application. This provision is intended to preserve the attorney-client relationship between the Division and the' ~ Attorneys, to limit billing for legal services to those services requested by the Division, and to define the appropriate lines of policy. decision-making." Roll call vote was taken with the following results: Commissioner Cheal Commissioner Jones Commissioner London Commissioner Stormont Mayor Harvey. Yes No Yes Yes No Motion carried. Motion was then made by Commissioner Stormont and seconded by Commissioner London that all legal matters concerning the Land Use Plan be transferred to the Growth Management Division under Board of County Commissioners' supervision including but not limited to defense, case preparation, resolutions, opinion issuances, outside counsel, and legal sufficiency matters. Roll call vote was. taken with the following results: