Item P12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 20. 2008 - KL Division County Attorney -
Bulk Item: Yes x No - Staff Contact Person: Bob Shillinger, #3470
AGENDA ITEM WORDING: Approval of amendment to legal services agreement with the firm of
Paul, Hastings, Janofsky & Walker to reflect new hourly rates and additional time keepers and
authorization for staff to execute.
ITEM BACKGROUND: The County retained Paul Hastings in 2005 to represent it in the matter of
Collins v. Monroe County. By mutual agreement, Paul Hastings later took on representation of the
County in Galleon Bay Corp. v. Monroe County and Emmert v. Monroe County. The proposed
amendment reflects Paul, Hastings' annual rate increases. The primary attorney assigned to work on the
County's cases is Derek Howard whose rate will increase to $400 per hour effective February 1, 2008.
The amendment also adds various personnel as additional time keepers. The additional partners are
needed because of Bob Freilich's departure from the firm. Since the posture of each case differs from ..."
year to year, it is impossible to base a projected cost upon the experience in prior years.
PREVIOUS RELEVANT BOCC ACTION: Board approved contract with firm in January 2007.
On 12/1912007, the BOCC tabled this item (Q-8) so staff could negotiate a better rate.
CONTRACT/AGREEMENT CHANGES: Increased hourly rates.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: to be determined BUDGETED: Yes xx No -
COST TO COUNTY: TBD SOURCE OF FUNDS: non ad valorem
REVENUE PRODUCING: Yes - No~ AMOUNT PER MONTH_ Year
-
APPROVED BY: County Atty ~ Ol\.1BlPurchasing _ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY, FLORIDA AGREEMENT NUMBER:
STANDARD LEGAL SERVICES AGREEMENT
(LITIGATION)
EXHIBIT A
Litigation Identification:
ColJim, et al v. Monroe COllll(:y, CAM -04- 379
Helen & Gregor Emmert v. Monroe COllll'01, 2002-CA-520-p
Galleoll Bqy v. MOIlroe COfltl'01, CAK-02-595
References:
3.2: Limitations to Scope of Representation: County Attorney's office shall serve as co-counsel.
3.3: Term of Agreement and Representation: Paul Hastings shall represent the County in these
matters as long as the County shall desire and consistent with the firm's ethical obligations.
.--
3.4: County's Expectations and Goals: Prompt, efficient, competent representation as lead
counsel in Galleon Bqy and Emmert, and co-counsel in Collins.
4.: Attorneys' Hourly Fee Rate: The table below shows hourly fee rates in effect through
December 31,2008, with the understanding that the parties shall negotiate mutually acceptable rates
for the period thereafter should the County's engagement of the firm continue.
Professional Rate
Derek Howard
$315
~ 1~O6 pJl {
Partner, Los An eles $675
Partner, Los An eles $695
Partner, Los An eIes $735
Noah Perch-Ahem unior Associate, Washin on D.C. $375
eff Allmon unior Associate, Washin on D.C. $375
$260
$150
4.3. Discounts to Other Clients: The County expressly acknowledges that, with the exception of
Derek Howard, who the firm represents is charged at no less hourly rate, other personnel identified
above may have lower hourly billing rates for other clients of the firm. Those rates are due to those
other clients assigning a greater volume of work to the firm.
LEGAL_US_E # 76318566.2
4.4: Approved Additional Time Keepers; 8.1: Time-keeper Changes:
With respect to the Los Angeles-resident partners identified in the table in item 4.3, one or more
(depending on availability and circumstances) will supervise Derek Howard's work on an as needed
basis and consistent with the fInn's professional obligation to supervise associate work. Should such
supervision require greater than five (5) hours of services in any given calendar month, Mr. Howard
shall telephonically notify Mr. Schillinger of such need during the month it is needed.
Provided their hourly rates are no greater than the rates shown for the unnamed "Litigation
Paralegal" and for Ms. Polk on the table provided in item 4.3, above, the County expressly
authorizes Derek Howard to call upon the services of paralegals or case assistants in the firm's
Washington office whose names do not appear on the table provided in item 4.3, and no further
approval shall be needed for his use of such time keepers.
804: County Point of Contact: Robert B. Shillinger
Assistant County Attorney
P.O. Box 1026
Key West, FL 33041-1026 ..."
(305) 292-3470
(305) 292-3516 (fax)
shillinger - bo b@monroecounty-fl.gov
Attorney County Representative
Date: Date:
LEGAL us E # 76318566.2 2
Page 1 of 1
Shimnger~Bob
,~~~_~~_,__-----,--L---->-~~~~~~' "~.~"~,..oo~~_~o~_~~,.,_.._o~.~.o_o~_,_~.,_,_~o~~~~~ '_~~__~~"T_"C
From: Howard, Derek V. [derekhoward@paulhastings.com]
Sent: Monday, January 14,20085:01 PM
To: Shillinger-Bob
Subject: Confirmation of Rate Change
Bob,
This message confirms that Paul Hastings LLP has agreed to amend the proposed legal services agreement with
the County by changing my hourly rate from $420 to $400.
Derek
Derek V. Howard, Associate Attorney I Paul, Hastings, Janofsky & Walker LLP I 875 15th Street, N.W., Washington,
D.C. 20005 I direct: 202 551 1842 I main: 202 551 1700 I direct fax: 202 551 0242
I derekhoward@paulhastings.com I www.paulhastings.com
..."
*********************************************************
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Treasury Regulations governing tax practice, you are
hereby advised that any written tax advice contained
herein was not written or intended to be used (and cannot
be used) by any taxpayer for the purpose of avoiding
penalties that may be imposed under the U.S. Internal
Revenue Code.
*********************************************************
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For additional information, please visit our website at
www.paulhastings.com.
2/13/2008
MONROECOUNTY,FLOIDDA AGREEMENT NUMBER:
STANDARD LEGAL SERVICES AGREEMENT
(LITIGATION)
EXHIBIT A
Utigation Identification:
Collins, et aL v. Monroe Cotmty, CAM-04-379
Helen & Gregor Emmert v. Monroe County, 2002-CA-520-p
Galleon BC!)' v. Monroe eotmf), CAK-02-595
References:
3.2: Umitations to Scope of Representation: County Attorney's office shall serve as co-counsel.
3.3: Term of Agreement and Representation: Paul Hastings shall represent the County in these
matters as long as the County shall desire and consistent with the firm's ethical obligations.
3.4: County's Expectations and Goals: Prompt, efficient, competent representation as lead
counsel in Galleon BC!)' and Emmert, and co-counsel in Colli/Is.
4.: Attorneys' Hourly Fee Rate: The table below shows hourly fee rates in effect through
December 31, 2008, with the understanding that the parties shall negotiate mutually acceptable rates
for the period thereafter should the County's engagement of the firm continue.
Professional Rate
Derek Howard
$315
$420
Partner, Los An eles $675
Partner, Los An eles $695
Partner, Los An eles $735
Noah Perch-Ahem unior Associate, Wash in $375
eff Allmon unior Associate, Washin $375
$260
$150
4.3. Discounts to Other Clients: The County expressly acknowledges that, with the exception of
Derek Howard, who the firm represents is charged at no less hourly rate, other personnel identified
above may have lower hourly billing rates for other clients of the firm. Those rates are due to those
other clients assigning a greater volume of work to the firm.
LEGAL_US_E # 76318566.2
4.4: Approved Additional Time Keepers; 8.1: Time-keeper Changes:
With respect to the Los Angeles-resident partners identified in the table in item 4.3, one or more
(depending on availability and circumstances) will supervise Derek Howard's work on an as needed
basis and consistent with the firm's professional obligation to supervise associate work. Should such
supervision require greater than five (5) hours of services in any given calendar month, 1'v1r. Howard
shall telephonically notify 1'v1r. Schillinger of such need during the month it is needed.
Provided their hourly rates are no greater than the rates shown for the unnamed "Litigation
Paralegal" and for Ms. Polk on the table provided in item 4.3, above, the County expressly
authorizes Derek Howard to call upon the services of paralegals or case assistants in the firm's
Washington office whose names do not appear on the table provided in item 4.3, and no further
approval shall be needed for his use of such time keepers.
8.4: County Point of Contact: Robert B. Shillinger
Assistant County Attorney
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
(305) 292-3516 (fax)
shillinger-bob@monroecounty-fl..gov
Attorney County Representative
Date: Date:
LEGAL_US_E # 76318566.2 2