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09/21/2000 LAW OFFICES HUGH J, MORGAN JAMES T. HENDRICK KAREN K, CABANAS JEDDE V, REGANTE ROBERT CINTRON, JR. MORGAN & HENDRICK W, CURRY HARRIS ( I 907- I 988) HILARY U, ALBURY ( I 920- I 999) 3 I 7 WHITEHEAD STREET, KEY WEST FL 33040 P.O. Box I I 17, KEY WEST FL 33041 TELEPHONE 305.296.5676 FACSIMILE 305.296.4331 August 31, 2000 RE: General Civil Litigation - Letter of Engagement :r 0 0 0 ::! :z );. 0 ::0(")2: f5 r- o,-z n'I ,." ="-< 0 (") . " I\,) "'Tl o (") . \0 C) c::-......- :z: :::0 00/'. ;:0 . CJ ~ -i(")r- ;:0 :< - .::t: ~ ,.." -r,' ~ C") r- :;:" - 0 f~ ,." or, ;:0 en c Board of County Commissioners Monroe County Key West, Florida Dear Mayor & Commissioners: The law firm of Morgan & Hendrick ("Law Firm") hereby submits to the Board of County Commissioners this letter of engagement reciting the legal services the Law Firm will perform and the basis for compensation. The Law Firm agrees to serve as litigation counsel to the Board of County Commissioners of Monroe County, Florida ("BOCC") in accordance with the terms set forth herein. The Law Firm agrees to provide legal representation to Monroe County in matters involving potential and pending general civil litigation as may be assigned by the County Attorney, excluding the areas of representation covered by the parties' engagement letter for Land Use-Growth Management Division representation. The County Attorney shall be guided by the policy directive of the BOCC to refer to the Law Firm those matters involving significant exposure to, or substantial recovery by the County, including claims in which the complaintant seeks to recover substantial sums. In all matters involving personal injury liability in which the County may be found liable, as long as the County participates in the self-insurance program of the Florida League of Cities ("the League"), referral shall be governed by the provisions of the County's contractual arrangements with the League. As compensation for legal services, the County will pay to the Law Firm a fee which will be billed monthly on the following schedule: Attorneys Law Clerk (must have degree) Paralegal $195.00 per hour $125.00 per hour $ 75.00 per hour The Law Firm may, at its own discretion, select counsel to assist them; however, said counsel shall be compensated at the same rates set forth herein. Unless otherwise subsequently agreed, the compensation earned by the Law Firm as fees under this Contract shall not exceed $80,000.00 for the fiscal year ending September 30, 2001, subject to the budget for that fiscal year, allocating sufficient funds. The Law Firm will not bill for any services performed by James T. Hendrick while he serves as County Attorney. 10f2 MORGAN & HENORICK P,O, Box I I 17, KEY WEST FL 33041 Additionally, the County agrees to reimburse the Law Firm for all costs that are incurred in the course of representation. Normal costs include expert witness fees, copying charges, long distance telephone calls, travel and lodging expenses, mailing charges, fax charges, mileage, research charges, court reporters 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. Further, the County will reimburse the Law Firm for the acquisition of legal informational materials specifically related to the legal representation of the County, including the cost of seminar fees, travel and lodging not to exceed $2,500 per year. We believe that the above provisions outline in reasonable detail our agreement as to this representation and we sincerely appreciate the opportunity to represent Monroe County and look forward to continuing a pleasant and successful relationship. Very truly yours, Hugh . M gan For the Law Firm of Morgan & Hendrick ACKNOWLEDGED, UNDERSTOOD AND AGREED this~day of #,2000. c:S~-ji." ..-.~ BOARD OF UNTY COMMISSIONERS Monroe County L. KOLHAGE, Clerk Y. 20f2 MORGAN & HENDRICK p,O, Box I I 17, KEY WEST FL 33041