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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. \ . .' ') ~""" .... ';;'" ot 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.