Item R2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 18, 2002
Division:
County Administrator
Bulk Item: Yes ~ No
Department: County Administrator
AGENDA ITEM WORDING:
Approval of a Letter of Engagement with the law firm of Morgan & Hendrick renewing for an
additional term of one year the Letter of Engagement authorizing the firm to act as General Civil
Litigation Counsel to the Board of County Commissioners for fiscal year 2002 - 2003.
ITEM BACKGROUND:
On December 8, 1992 and each year thereafter, the HOCC approved and authorized execution of a
Letter of Engagement with the firm to provide legal representation in matters involving potential and
pending general and civil litigation as may be assigned by the County Attorney, excluding areas of
representation covered in the parties' Engagement Letter for Land Use-Growth Management
representation.
PREVIOUS RELEVANT BOCC ACTION:
As stated above.
CONTRACT/AGREEMENT CHANGES:
Decrease in billing amount from $150,000 to $80,000. Date change to reflect renewal period.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
$80,000
BUDGETED: Yes
No
COST TO COUNTY:
$80,000
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
DIVISION DIRECTOR APPROVAL:
OMBlPurchasing -X- Risk Management _
-~k
James L. Roberts
APPROVED BY: County Arty -X-
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #~
Sep 11 02 09:Z1a
James L Roberts Co Admin 305-292-4544
p.4::
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract Ytith: Morgan & Hendrick Contract #
Effective Date: 10/1/02
Expiration Date: 9/30/03
Contract PurposelDescription:
Renewal of Letter of Engagement authorizing the fmn to act as General Civil Litigation
Counsel to the BOCC.
.-
-.-. .
Contract Manager: Debbie Frederick 4741 County Administrator - #- 1
-
(Name) (Ext) (Department/Stop #)
for BOCC meetin2 on 9lJ 8/02 Agl."l1da Deadline:
CONTRACT COSTS
T otaJ DQllar Val1Jc of Contract: $ &0,000
Budgeted? YesD No 0 Account Codes:
Grant: $
County Match: $ _
Cun.ent Year Portion: S
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~/yr For:
. (Not included in dollar ..'alue above' (ell. maintenaR"~ utilitils. janitorial, salaries. etc.)
. - - -
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CONTRACT REVIEW
Date Out
Division Director
~,O Y/t>
Comments:
OMB Form Revised 2121/01 MCP #2
/foL
S.p 11 02 09: 21 a
james L Roberts Co Rdmin
305-2~c-"l:)~"t
r- ~
Hugh J Morgm
James T. Hendrick
Karen K.. Cabanas
Jedde V. Regallte
Robert Cintron. ] r.
LAW OFFICES
MORGAN & HENDRICK
317 WHITEHEAD STREET, KEy WEST, FLORIDA
TELE.PHONE. 305.296.5676
FACSIMILE 305.296.4331
W, urr'j Hal ,
(: f)7-198~
Hih' U. Alb J
(; 20-1999
August 20, 2002
Board of COWlty COlJW"ljssioners
Monroe County
Key West, Florida
RE: General Civil Litigation - Letter of Engagement
Dear Commissioners:
The law finn of Morgan & Hendrick ("Law Finn") hereby submits \0 the Board' . Coun
Commissioners this letter of engagement reciting the legal !et'\tices the Law Finn will perfor : and t1
hasls for compensation.
The Law Fim1 agrees to serve as litigation counsel to the Board of County Commi~ :oners
Monroe County, Florida (UBOCCj in accordance with the ternlS set fOITh herein.
The Law Finn agrees to provide legal representation to Monroe County in matters l1volvii
potential and pending general civil litigation as may be assigned by the County .Attorney, exclding t
areas of representation covered by the panies' engagement letter for Land Use-Growth M: lagemc
Divi&ion representation. The County Attorney shan be guided by tbe policy directive of the 30CC )
refer to the Law Firm those matters involving significant exposure to, or substantial reeov ,'Y by t
County, including claims in which the CODlplaintant sceJcs to recover substantial sums. In ;J matt,
involving personal injwy liability in which the County lnay be found liable, as long as r . ~ Com '
participates in the self-insurance program of the Florida Lc2gue of Cities ("the League"), rerral sh
be governed by the provisions of the County's contractual auangemcnts with th~ League.
As compensation for legal services, the County will pay to the Law Firm a fee wlih will .
billed monthly on the following schedule:
Attorneys
Law Clerk (must have degree)
Paralegal
$225.00 per hour
$125.00 per hour
S 75.00 per hour
The Law Firm may, at its own discretion, select ct>unsel to assist them; however, ~,rl COWl j
shall be compensated at the same rates set forth hereilL
Unless otherwise subsequently agreed, the compensation earned by the Law Firm as ~.t:es un :r
this Contract shall not exceed $80,000.00 for the fiscal year ending Septemher 30, 2003. 51) jeer to :e
MAI~ING AOrlRESS: P.O. Box 1117. KEY WeST FL 33041
Sep 11 02 09:21a
James L Rob.r~s Co Rdmin
;:SU~-C:~ii:-"::>""t
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budget for that fiscal year, allocating sufficient funds. The Law Finn will not bill for any services
performed by James T. Hendrick while hescrves as County AUorney.
Additionally, the Count)' agrees to reimburse the Law Finn 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 cbarges, fax charges, mileage, research ch3rges,
court reporters and other out-of-pocket expenses. A statement showing th~ amount of re~ 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 Countj. 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 your~
~-7
Karen K. Cabanas
For the Law Firm of Morgan & Hendrick
ACKL~OWLEDGED, UNDERSTOOD A.".'D AGREED this, q_ day of.
,2002.
BOARD OF COUNTY COMMISSIONERS
Monroe County
(Seal) D~TY L. KOLHAGE. Clerk
Attest:
By:
APPRC1JED AS ~FO
AND L~L SUF I .
BY ..-- ~
DATE 9,h ~ ,J b 1--
Deputy Clerk
\lAiLir.:GADORIiSS; P.O, Box 11170 Key WEST Fl 33041
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