Item E2a
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 14, 2002
Division: County Attorney
Growth Management Legal
AGENDA ITEM WORDING:
Approval of agreement for Shadek litigation services; Freilich, Leitner & Carlisle.
ITEM BACKGROUND:
The BOCC increased the FY 01-02 litigation budget in order to pay the anticipated costs of
defending Shadek v. Monroe County, including the cost of specialized litigation counsel. As
previously reported to the BOCC in GMD litigation reports, the Freilich firm has been
retained as litigation counsel
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney _ OMBjPurchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:
JAMES T. HENDRICK
To Follow 0 Not Required 0
DOCUMENTATION:
Included
AGENDA ITEM #
J -:F:..J t
LAW OFFICES
FREILICH/ LEITNER ~ CARLISLE
1150 ONE MAIN PLAZA
4435 MAIN STREET
KANSAS CITY, MISSOURI 64111-1858
FACS[M[LE
(816) 56[-7931
TELEPHONE
(816) 561-4414
IN ASPEN. COLORADO
F"REILICH. MYLER. LEITNER & CARLISLE
106 S. MILL ST., SUITE 202
ASPEN, COLORADO 81611-1973
TELEPHONE: 19701 920-'0'8
FACSIMILE: 19701 920-4259
IN KANSAS C'TY. MISSOUR'
ATTORNEYS AT LAW
ROBERT H. FREILICH. P.C.-.J.....
MARTIN L. LEITNER. P.C.'
RICHARD G. CARLISLE, P.C,-
S. MARK WHITE',s
ROBIN A. KRAMER"2,,,
TYSON SMITH'
.JASON M, DIVELBISS'
ADMlTTED IN MO', KsJ. CAJ. NY., Ne.' F"L'
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
DAVID .). MYLER. P.C.7
E. MICHAEL HOFFMAN 7
ADMITTED IN CO 7
January 24, 2002
James Hendrick
County Attorney
Monroe County, Florida
P.O. Box 1026
Key West, Florida 33041-1026
Re: Litigation Services
Shadek v. Monroe County
Dear Mr. Hendrick:
I have prepared this Retainer Agreement for the provision of legal and related planning consulting
services, as needed by you, working for and on behalf of Monroe County, Florida, in the litigation
Shadek v. Monroe County. This Agreement is retroactive to November 1,2001.
Subject to your supervision and control, we will provide legal and related planning services to assist
you in connection with the case, the determination of damages, and any ensuing appeals or
rehearings. Freilich, Leitner & Carlisle's ("FL&C") work will consist oflegal consultation, which
may include, as needed, review and analysis of documents (ordinances, resolutions, correspondence,
agreements, contracts, plans, affidavits, depositions, etc.), analysis of applicable statutes and case law
decisions, development of legal theories and strategies, retention of expert witnesses, if needed,
consultations with you and expert witnesses, meetings and discussions with staff and officials of the
County, (including, if reasonable, attempts to resolve disputes by alternative means other than
litigation), drafting and/or reviewing legal documents, drafting and responding to additional court
documents, conducting discovery (interrogatories, requests for the production of documents, requests
for admissions, depositions, etc.), drafting and responding to motions, preparation for hearings,
depositions and trial, and trial of this matter. All of the above-mentioned services would be done
pursuant to the direction of you and County officials. We expect you to provide us with all pertinent
documents, legal papers and 'other materials, and to disclose all known facts completely and candidly
so that FL&C has full and complete knowledge of the underlying facts.
FREILICH" LEITNER 8 CARLISLE
It is anticipated that I will be the lead attorney for FL&C with respect to all work on this matter.
However, it is likely that I will be assisted throughout the course of our involvement on this matter
by other members of FL&C, when deemed necessary or desirable and in the best interests of the
client.
All FL&C professional services will be billed on a time and expenses basis, at the following rate
schedule:
Robert H. Freilich
$3001hr.
$3501hr. for trial
$ 1651hr.
$601hr.
E. Tyson Smith
Law Clerks
At this time it is difficult to estimate the amount of time and expenses that will be necessary to assist
you in this matter. FL&C makes no promise, guarantee or representation of any kind regarding the
success of any litigation against or by the County. As you well know, litigation is often costly and
time-consuming and it is virtually impossible to predict the outcome. You acknowledge that neither
I nor anyone else connected with FL&C has made any guarantee regarding the likelihood of success
oflitigation. Likewise, FL&C cannot guarantee that we will be able to reach a negotiated settlement.
We will, however, make reasonable efforts to settle this matter, but only in accordance with your
specific direction and wishes. We will keep you fully informed of all relevant activities that we are
involved in, and the status of our portion of the work on this matter. At all times, however, please
feel free to call us to discuss specific issues.
Because of the distance involved and the cost of travel to and from Monroe County, we assume that
the number of trips that we would make will be quite limited. Nonetheless, we will make every
attempt to be available when you so desire.
In addition to hourly fees, FL&C will bill you for customary out-of-pocket expenses. Such expenses
include, but are not limited to, postage, Federal Express or other overnight delivery services,
facsimile transmissions, travel expenses (mileage, tolls, air fares, lodging, meals, parking, etc.),
photocopies, map development and generation, if needed, computerized legal research and long
distance telephone charges. Travel per diem expenses, however, are reimbursable only in the
amounts authorized by Sec. 112.061, F.S. FL&C will bill you with monthly statements, which
itemize all work performed and expenses incurred. You agree to pay FL&C for professional services
based upon the applicable hourly rate on the day FL&C performs the work or provides the services.
Statements must be paid within thirty (30) days of receipt of the statement. FL&C agrees to provide
at least thirty (30) days notice of any change in the hourly rate schedule. No such changes are
presently anticipated.
Because timely payment of FL&C' s expenses depends upon prompt payment of statements, your
assurance that FL&C will receive payment in full within thirty (30) days of your receipt of the
FREILICH" LEITNER 8 CARLISLE
statement is essential for FL&C to undertake and continue work on your behalf. It is agreed that
FL&C may discontinue all services to you, temporarily or permanently, if you do not meet your
payment obligations to FL&C on a timely basis.
This Agreement is for the provision oflegal services to be rendered in Florida litigation, and will be
subject to the laws of the State of Florida and jurisdiction and venue concerning any dispute or
litigation with respect to the agreement will lie in 16th Judicial Circuit, Key West, Florida.
Please indicate your acceptance ofthe foregoing understanding and agreement on the services to be
rendered by signing, dating and returning the original or the enclosed copy ofthis letter to us. Your
signature will give this letter the binding effect of a contract with respect to FL&C's assistance to
you and representation of Monroe County.
Please do not hesitate to contact me should you have any questions or need more information before
signing this agreement. We look forward to working with u.
I HEREBY AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE.
MONROE COUNTY, FLORIDA
OFFICE OF COUNTY ATTORNEY
By:
James Hendrick, Esq.
County Attorney
Date: