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02/14/2002 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3111 OVERSEAS HIGHWAY MARATI:lON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1145 MEMORANDUM MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 DATE: February 27,2002 TO: James Hendrick County Attorney ATTN: J an Hotalen, Assistant County Attorney's Office Pamela G. Hanc~ Deputy Clerk CY ~ FROM: At the February 13, 2002, Board of County Commissioner's meeting the Board adopted Resolution No. 087-2002 transferring $492,332 otherwise payable to the City of Marathon, from Monroe County's General Purpose MSTU to the solid waste fund as a set-off against the over $1,000,000 owed by the City for solid waste transfer services furnished by the County. Enclosed is a certified copy of the subject Resolution for your handling. At the February 14, 2002, meeting the Board took the following action: Authorized execution of an Agreement between Monroe County and Freilich, Leitner & Carlisle for Shadek litigation services. Enclosed is a duplicate original for your handling. Adopted Resolution No. 091-2002 directing Growth Management to defer the acceptance of Applications for non-staff sponsored Future Land Use and Land Use Map Amendments and applications for employee and affordable housing projects in the mixed use and suburban commercial land use districts until the Livable Communikeys Master Plan for the area between Tavernier Creek and MM 97 is adopted and found in compliance by DCA or February 14, 2004, whichever comes first. Enclosed is a certified copy of the subject Resolution for your records. Should you have any questions please do not hesitate to contact this office. cc: County Administrator wlo documents Growth Management Resolution No. 091-2002 & Agreement Finance Resolution No. 087-2002 & Agreement File/ LAW OFFICES FREILICH~ LEITNER S CARLISLE 1150 ONE MAIN PLAZA 4435 MAIN STREET KANSAS CITY, MISSOURI 64111-1858 FACSIMILE (616) 561-7931 TELEPHONE (616) 561-4414 IN ASPEN, COLORADO FREILICH, MYLER, LEITNER & CARLISLE 106 5. MILL ST.. SUITE 202 ASPEN, COLORADO 81611-1973 TELEPHONE: (970) 920-1018 FACSIMILE: {9701 920-4259 IN KANSAS CITY, MISSOURI ATTORNEYS AT LAW ROBERT H. FREILICH. P.C.1,3.4.. MARTIN L. LEITNER, P.C.' RICHARD G. CARLISLE, P.C.' 5. MARK WHITE1,S ROBIN A. KRAMER1.2... TYSON SMITH' JASON M. DIVELBISS' ADMITTED IN MOl, KSJ, CAS, NY", Ne!' F'L' A PARTNERSHIP INCLUOING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW DAVID J. MYLER, P.C.' E. MICHAEL HOFFMAN 7 ADMITTE.D IN CO 7 January 24,2002 J ames 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 oflegal 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 liS 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: E. Tyson Smith Law Clerks $300/hr. $350/hr. for trial $165/hr. $60/hr. Robert H. Freilich At this time it is difficult to estimate the amount oftime 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 ofthe distance involved and the cost oftravel 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 liS 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. ,....., c:o c::::o ......, ..." f"T1 co N (X) " - r- ,." o " o :::0 ~)I' -a. o t:J Z l;:. ;;0 -. I HEREBY AGREE TO THE TERMS AND CONDITIONS SET FORTH A~. n' r- oC'"): C::3ij;;ll; 2:. c' -; r:: ::<("') TO F MONROE COUNTY, FLORIDA OFFICE OF C~ AITORNEY By: Jumes=H\;;lnhn,~~= Mayor/Chairman e~nintyMtmT~'- ~ ~ 'iz"z. Date: