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01/19/1995 l-AW OFFICES MORGAN &' HENDRICK HUGH ~, MORGAN JAMES T. HENDRICK 317 WHITEHEAD STREET KEY WEST, FLORIDA W. CURRY HARRIS (1907-1988) HILARY U. ALBURY lRETIREOl RALF G. BROOKES KARLEEN A. GRANT OF COUNSEL December 21, 1994 Board of County Commissioners Monroe County Key West, FL RE: General Civil Litigation Counsel - Letter of Engagement Dear 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 board of County Commissioners 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 progra~ ~f the Florida League o~iti~s ("~ ~':1 League"), referral shall be governed by the proVISIons of the County's co~act.!lal ~ arr~gements with the League. The ~aw Firm s~all attend periodic County ~ttorn~taff'-::J meetings and shall attend BOCC meetmgs to adVIse the BOCC when legal matters ~ ~ r considerable public importance are expected to be addressed. ~ '- _-( ::J:=: 'j As compensation for legal services, the County will pay to the Law. Firm a ~ whiClt will be billed monthly on the following schedule:' ~ D b '0 '-&' Partner Associate Law Clerk (Must have a law degree) Paralegal $150.00 per hour $125.00 per hour $100.00 per hour $ 50.00 per hour P. 0, Box 1117, KEY WEST, FL 33041 . TELEPHONE (305) 296-5676 . TELECOPIER (305) 296-4331 Board of County Commissioners December 21, 1994 Page Two The Law Firm may, at its own discretion, select counsel to assist them; however, said counsel shall be compensateed 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 $150,000 for the fiscal year 1994-1995. 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 a total of $2,500 per year. The obligation herein is subject to availability of funds. We believe that the above provisions outline in reasonable detail our agreement as to this representation. If you find these arrangements satisfactory, please sign the enclosed copy of this letter and return to us immediately. We sincerely appreciate the opportunity to represent Monroe County and look forward to continuing a pleasant and successful relationship. Very truly yours, ACKNOWLEDGED, UNDERSTOOD AND GREED this 19th day of January , 199,2. BOARD OF COUNT, ...' Monroe County (Seal) DANNY ~C2:: Clerk Attest: ~./hJ ~ "*,'4U Deputy CI APPROVED AS TO FORM " "!Jl1tJ~NCY. Atti)17Ul'1'$ Offit>>