Item M6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
July 17, 2001
Division:
County Attorney
Bulk Item: Yes D No D
AGENDA ITEM WORDING:
Approval of Letter of Engagement from Nabors & Giblin and their associate, Government
Services Group, Inc., to act as Special Counsel for services relating to construction and
operation of a Wastewater Treatment Facility to serve Key Largo.
ITEM BACKGROUND:
At the June 20, 2001 meeting, the BOCC authorized the County Attorney to retain a
firm to represent the County to explore the possibilities of creating a special sewer
district in Key Largo to deal with wastewater issues.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT I AGREEMENT CHANGES:
N/A.
STAFF RECOMMENDAnONS:
Approval.
TOTAL COST:
COST TO COUNTY
BUDGETED: Yes D No D
APPROVED BY:
County Attorney.
OMB/Purchasing D Risk Management D
DIVISIDN DIRECTDRAPPROVA~~~
S T. NDR CK
DOCUMENTAnON: Included D To FolloWD Not Required D
AGENDA ITEM #
/-M(,
NABORS, GIBLIN & NICKERSON, P.A.
ATTORNEYS AT LAW
SUITE 200
1500 MAHAN DRIVE
TALLAHASSEE, FLORIDA 32308
THE: POINTE:. SUITE 1060
2502 ROCKY POINT DRIVE
TAMPA, FLORIDA 33607
TELEPHONE (850) 224-4070
TELECOPY (850) 224-4073
CNL CENTE:R. SUITE: 510
450 SOUTH ORANGE AVE:NUE
ORLANDO, FLORIDA 3280 I
(813) 281.2222
(407) 426-7595
TELECOPY 18131 28'.0129
TELECOPY (407) 426-8022
July 2, 2001
Overnight Delivery
James Hendrick, Esquire
Monroe County Attorney
310 Fleming Street
Key West, Florida 33040
Re: Special Counsel Services Relating to Construction and Operation of a
Wastewater Treatment Facility to Serve Key Largo
Dear Mr. Hendrick:
Pursuant to our previous telephone conversations, this letter is intended to
document the scope of our engagement by Monroe County (the "County") to assist in
evaluating the proposals previously received in response to the Request for Proposals
issued by the County, dated September 8, 1999, and entitled Design/Build or
Design/Build/Operate a Wastewater Treatment System(s) to Serve Key Largo (the "RFP").
Specifically, such scope of services includes the following:
1. Recommend and implement a process for the Board of County
Commissioners of the County (the "Board") to evaluate the proposals submitted pursuant
to the RFP and to award a contract to the proposer selected that is consistent with the
provisions of section 286.011, Florida Statutes, and the instructions for compliance with
such statutory requirements provided in the Final Judgment, dated May 16, 2001, entitled
Florida Keys Aaueduct Authority v. Board of County Commissioners. Monroe County. et
aI., Case No. CA-K-00-1170 in the Circuit Court of the 16th Judicial Circuit of Monroe
County, Florida.
2. Provide an evaluation of the proposals submitted pursuant to the RFP
sufficient to allow the Board to select a proposal and award a contract in compliance with
the RFP procedure.
\ .
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James Hendrick
July 2, 2001
Page 2
3. Assist your office in preparing and negotiating a contract with the proposer
selected by the Board consistent with the proposal submitted and policy decisions of the
Board.
4. Be available, if requested, to provide services in the supervision and
administration of the construction and performance of the awarded contract or other
matters relating to the construction and operation of wastewater facilities.
It is contemplated that we will use the services of Governmental Services Group,
Inc. ("GSG") in the performance of the contemplated services. In particular, it is
contemplated that GSG would have the primary responsibility for the evaluation of the
proposals contemplated in paragraph 2 above. As you know, GSG is affiliated with and
partially owned by Stockholders of our Firm.
We have requested that GSG prepare a workplan to describe the specific tasks
required to perform the evaluation of the proposals contemplated in paragraph 2 above.
Such workplan would include a method of compensation for the services provided by GSG
and a cost matrix of the time and estimated costs to complete each task. Such cost matrix
would also identify any required subcontractors necessary for the performance of the
outlined tasks. Any additional subcontractors subsequently determined to be necessary
by our Firm and GSG to complete any of the contemplated scope of services would be
subject to prior approval by the County.
The method of compensation for legal services for the Firm shall be on an hourly
basis calculated pursuant to the following hourly rates:
(a) stockholders
(b) senior associates
(c) junior associates
(d) law clerks
$200 per hour
$175 per hour
$150 per hour
$ 70 per hour
In addition to such professional compensation, the firm shall be reimbursed for
actual costs incurred on long distance telephone charges, travel expenses and overnight
delivery charges. Photocopies shall be billed at .25~ per page. Any travel expenses shall
be reimbursed in accordance with section 112.061, Florida Statutes.
A statement for professional services rendered and costs incurred shall be
submitted monthly for the fees and costs incurred the previous month.
It is contemplated that the method of compensation for services provided by GSG
shall also be calculated on an hourly basis. As discussed previously, such method of
compensation and an estimation of costs will be included in the workplan GSG has been
requested to prepare.
James Hendrick
July 2, 2001
Page 3
I trust the scope of services outlined in this letter meets your expectations. Thank
you for your consideration of our Firm on this important public works project.
Very truly yours,
(2-1~
Robert L. Nabors
RLN/adg
cc: James L. Roberts, Monroe County Administrator
Robert E. Sheets, CEO
Government Services Group, Inc.