12/08/1992
LAW OFFICES
MORGAN 8: H EN ORICK
HUGH J. MORGAN
JAMES T. HENDRICK
317 WHITEHEAD STREET
KEY WEST, FLORIDA
W. CURRY HARRIS
(1907-1986)
HILARY U. ALBURY
RICHARD M. KLlTNICK
RALF G. BROOKES
(RETIRED)
KARLEEN A GRANT
OF COUNSEL
December 11, 1992
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Board of County Commissioners
Monroe County
Key West, Florida
Re: Special Litigation Counsel
Dear Commissioners:
As part of our practice in opening new matters or in renewing
existing engagement contracts, and as a result of past experience,
the law firm of Morgan & Hendrick, (Law Firm), provides an
engagement letter to prospective clients. This letter sets forth,
generally, a recital of legal services we will perform and the
basis for our compensation.
Accordingly, this letter conf irms our agreement to continue to
serve for fiscal year 1992-93 as special litigation counsel to the
Board of County Commissioners of Monroe County, Florida, (County)
as well as special counsel to Monroe county for legislative and
State agency matters.
The scope of services under this engagement letter specifically
includes, but is not limi ted to, legal advice to the Growth
Management Division (lithe Division") and general legal services in
connection with land use issues. The Law Firm will act pursuant
to instruction of the Director of Growth Management (lithe
Director").
The Law Firm 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 Law Firm 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, or a representative thereof) inquiries, requests,
and other communications which relate to a specific land-use permit
p, O. Box 1117, KEY WEST, FL 33041 · TELEPHONE (305) 296-5676 · TELECOPIER (305) 296-4331
Board of County Commissioners
December 11, 1992
Page 2
or application. This provision is intended to preserve the
attorney-client relationship between the Division and the Law Firm,
to limit billing for land use legal services to those services
requested by the Division, and to define the appropriate lines of
pOlicy decision-making.
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 either an
adverse party or the source from which a permit, development order
or other benefit is sought.
As compensation for legal services, 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
$ 50.00/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. Cases in which the Law Firm is precluded by
conflict of interest from representing the County will be retained
by the County Attorney or referred by the County Attorney to other
counsel outside of this contract.
Unless otherwise subsequently agreed, the compensation earned by
Law Firm as fees under this Contract shall not exceed $200,000.00
for the fiscal year 1992 - 1993.
Additionally, the County agrees to reimburse the Law Firm for all
costs that we incur in the course of representation. Normal costs
include expert witness fees, copying charges, long distance
telephone, travel and lodging charges, mailing charges 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.
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 of this
letter and return it to us immediately.
We sincerely appreciate the opportunity to represent Monroe County
Board of County Commissioners
December 11, 1992
Page 3
and look forward to continuing a pleasant and successful
relationship.
Very truly yours,
H'tt.r.~ for
MORGAN & HENDRICK
ACKNOWLEDGED,
1992.
~ day of ~
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ar of County Commiss1oners
onroe County
Mayor/Chairman
(SEAL)
ATTEST: DANNY It.. :i:OWAGE, Clerk
B~C.~
Deputy Clerk
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By O"^"
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