Item B3
BOARD OF coUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 21,2001
Division:
Growth Management
Bulk Item: Yes X
No
Department: Planning
AGENDA ITEM WORDING:
Approval of an Amendment to the Letter of Engagement with the law firm of Morgan and Hendrick for
Land Use-Growth Management representation to Monroe County for Fiscal Year 2000-2001 to
increase the yearly cap by $8,500.00.
ITEM BACKGROUND:
On September 21, 2000, the Board of County Commissioner approved and authorized execution of a
Letter of Engagement with the firm for Land Use-Growth Management representation in the amount of
$200,000. Due to the cost and fees incurred in defending the Shadek v. Monroe County case an
increase of$8,500.00 is necessary.
PREVIOUS REVELANT BOCC ACTION:
As above.
CONTRACT/AGREEMENT CHANGES:
Increase of $8,500 to Letter of Engagement with the law firm of Morgan and Hendrick for Fiscal Year
2000-2001.
ST AFF RECOMMENDATIONS:
Approval.
TOT AL COST:
$8,500
BUDGETED: Yes X
No
COST TO COUNTY: $8,500
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year $8,500
DIVISION DIRECTOR APPROVAL:
Risk Management _X_
APPROVED BY: County Atty --L
DOCUMENTATION:
Included x
To Follow
Not Required
DISPOSITION:
AGENDA ITEM #c2 -L3.]
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: ~Ifl~ -+ &Juei;ontract #
~ Effective Date:
Expiration Date:
10/0/(;0
e; 1.3~ ~ I
t:> . tf)
Contract Manager: ItmIJYI'tIIJ1~j'AtU..~ ~ ~17 t; ~ 1. *, I
(N am!) xt.) (Department/Stop #)
for BOCC meeting on
Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ _g. SJ)O"~ Current Year Portion: $ ~ ~
Budgeted? Y es~ No 0 AccOUillCOdes: 1!fi-.5/).s1JO bat).d ,
Grant: $ ()
County Match: $ 0
ADDITIONAL COSTS
Estimated Ongoing Costs: $ d /yr For:
(Not included in dollar value abo;e- (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Date In
IOl~blo'
Changes
Needed
YesO Nog/
Date Out
/
YesO NoEl
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Risk Management
County Attorney
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Comments:
OMB Form Revised 2/27/01 Mep #2
HUGH ..J. MORGAN
..JAMES T. HENDRICK
KAREN K. CABANAS
..JEDDE V. REGANTE
ROBERT CINTRON, ..JR.
LAW OFFICES
MORGAN & HENDRICK
W. CURRY HARRIS
( 1 907- I 988)
HILARY U. ALBURY
(1920-1999)
3 I 7 WHITEHEAD STREET, KEY WEST, FLORIDA
TELEPHONE 305.296.5676
FACSIMILE 305.296.433 I
October 22,2001
Board of County Commissioners of Monroe County
Key West, Florida
RE: Land Use - Growth Management Representation
Amended Letter of Engagement
Dear Commissioners:
As a result of the February 2000 trial in Shadek v. Monroe County, the annual cap of our Letter of
Engagement for the 2000-2001 fiscal year was exceeded by $8,500.00. This letter is sent as a request to
amend our 2000-2001 Letter of Engagement to increase the annual cap by $8,500.00 as set forth below.
The law firm of Morgan & Hendrick ("Law Firm") and the Board of County Commissioners hereby
agree to amend the FY 2000-2001 Letter of Engagement initially entered into between the parties
December 8, 1992. All terms and conditions shall be as set forth in the December 8, 1992 engagement
letter except that the cap on total fees for the fiscal year ending September 30, 2001, shall be set at
$208,500.00 per annum, subject to the budget for that fiscal year, allocating sufficient funds. This
amendment increases the annual cap by $8,500.00 to cover additional costs incurred due to the February
2000 trial in Shadek v. Monroe County.
Very truly yours,
Karen K. Cabanas
For the Law Firm of Morgan & Hendrick
ACKNOWLEDGED, UNDERSTOOD AND AGREED this _ day of
, 2001.
BOARD OF COUNTY COMMISSIONERS
Monroe County
(Seal) DANNY L. KOLHAGE, Clerk
Attest:
Deputy Clerk
APPROVED AS TOL:~
AND ~~Jt~NCY.
BY "--
DATE /I/vl/O /
By:
MAILING ADDRESS: P.O. Box I I 17, KEY WEST FL 3304 I
E-MAIL: KCABANAS@MORGANANDHENDRICK.COM
HUGH .J. MORGAN
.JAMES T. HENDRICK
KAREN K. CABANAS
.JEDDE V. REOANTE
ROBERT CINTRON, .JR.
LAW OFFICES
MORGAN & HENDRICK
w. CURRY HARRIS
( 1907-1988)
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 27,2001
Board of County Commissioners
Monroe County
Key West, Florida
RE: Land Use - Growth Management Representation - Letter of Engagement
Dear Mayor and Commissioners:
The law firm of Morgan & Hendrick ("Law Firm") and the Board of County Commissioners
hereby agree to renew for an additional term of one year the Letter of Engagement initially entered into
between the parties dated December 8, 1992. All terms and conditions shall be as set forth in the
December 8, 1992 engagement letter except that the cap on total fees for the fiscal year ending
September 30, 2002, shall be set at $350,000.00 per annum, subject to the budget for that fiscal year,
allocating sufficient funds.
Beginning October 1, 2001, attorney's fees shall be billed at $225.00 per hour, law clerk fees at
$150.00 per hour (must have law degree), and paralegal fees at $75.00 per hour.
The County also 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. Fm1her, the County will reimburse the Law Finn lor the
acquisition oflegal 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. A statement
showing the amount of fees and expenses will be forwarded monthly. Each statement is payable upon
receipt.
The Law Firm will not bill for any services performed by James T. Hendrick while he serves as
County Attorney.
We sincerely appreciate the opportunity to represent Monroe County and look forward to
continuing a pleasant and successful relationship.
Very truly yours,
~~,.-
Hu J. organ
For the Law Firm of Morgan & Hendrick
10f2
MORGAN & HENDRICK
P.o. Box 1 I 17, KEY WEST Fl. 33041
ACKNOWLEDGED. UNDERSTOOD ::::~ED thisZD~day Of#-. 2001.
. (re ~d
BOARD OF COUNTY COMMIS NERS
Monroe County
APPROVED AS TO FORM
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MORGAN & H~NDR1CK
P.o. Box I I 17. KEY W~ST FL 3304 I
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