Resolution 312-1987
--
Lucien C. Proby, Jr.
County Attorney
RESOLUTION NO. 312 -1987
A RESOLUTION APPROVING THE EMPLOYMENT OF THE
LAW FIRM OF FLOYD PEARSON RICHMAN GREER WElL
ZACK & BRUMBAUGH TO REPRESENT MONROE COUNTY,
THE SEVEN COUNTY COMMISSIONERS AND THE COUNTY
ATTORNEY WHO ARE DEFENDANTS IN THAT FEDERAL
LAWSUIT FILED IN THE FEDERAL DISTRICT COURT
OF THE SOUTHERN DISTRICT OF FLORIDA, CASE
NO. 87-10043-CIV-KING AND SETTING FORTH THE
CONDITIONS THEREOF.
WHEREAS, Monroe County, seven (7) past and present Commis-
sioners and the County Attorney have been sued in that certain
lawsuit filed in the Federal District Court for the Southern
District of Florida, and
WHEREAS, it is essential to the welfare of the County to
employ for these defendants a competent and experienced law firm
to represent said defendants in keeping with the provisions of
Florida Statute 111.07, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the law firm of Floyd Pearson Richman Greer Weil
Zack & Brumbaugh, be and they are employed to represent Monroe
County, the seven (7) Commissioners and the County Attorney in
the Federal action now pending in the Federal District Court for
the Southern District of Florida, Case No. 87-10043-CIV-King.
2. That the terms of this employment agreement are con-
tained in the communication attached hereto as Exhibit "A", the
major terms being:
(a) A retainer of $25,000.00, which is non-refundable.
(b) That credit be given the County against the
retainer for the following persons and in the
reflected hourly rates:
Robert Floyd
Alan Greer
Ken Weil
Tom Meeks
Assorted associates
Paralegal
$ 225.00
$ 225.00
$ 200.00
$ 175.00
$ 150.00
$ 75.00
(c) If and when the retainer reflected herein shall be
fully credited, billing per month shall commence
and be rendered to Monroe County for such
additional services at the rates herein shown in
subsection (b) above.
(d) An advanced $5,000.00 cost deposit which is
refundable. That should it come to pass that an
amount less than $5,000.00 remain in the Trust
Account when the matter is
concluded that
remainder will be a refund to Monroe County of
said sum.
(e) If the recently passed 5% service tax be applied
hereto, the County will increase all fee payments
by such percentage.
(f) That said representation shall continue and only
cease if and when conflict shall appear, at which
time other arrangements will be made for such
representation.
(g) Separate billing will be kept by the employed law
firm for services rendered Commissioner Alison
Fahrer in this matter, the same to be rendered
each.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 4th day of August, A. D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF NROE C09V~:~ L
~::- J 7"'0
Mayor a~rman
~-
(Seal)
Attest :DANNY L. KOLHAGE, Clerk
~~/~~
l'
BY
2
ROBERT L.. ,....OYC)
RAy.... PEAIltSON
GEAAL..D ". "ICHMAN
AL.AN G. GREER
KENNETH.,J. WEll..
STEPHEN N. ZAC_
..JOHN M. ."UMBAUGH
.!ERTHA CL.AIRE LEe
ANDREW,J. MIAA.ITO
.. OANIEL. PONCE
...uec ... CHRISTENSEN
SCOTT D, SHE"T"LL
HERMAH~.RUSSOMANNO
CHARLES H. ,JOHN SO,.
THOMAS MEEKS
DC..... WEISS GOODSTONE
PERSONAL
"
~.
LAW OF'F'ICES
FLOYD PEARSON RICHMAN GREER WElL ZACK & BRUMBAUGH
SCOTT .,JAY f'"EOER
G..RY S. .I:TENSItY
DIANE WAGNER KATZEN
CURTIS~. MASC
J. WILEY HICKS
ROBERT %ARCO
E..NI:STO.... DC .... "I:
MICHAEL. A. "AHZMAN
S"LLY R. DOERNER
ROBERT .... "'ORE
SUS"N It, ....BASItY
ROBERT C, LEVINE
PROFESSIONAl. ASSOCIATION
ONE BISCAYNE TOWER
TWENTY ,FIFTH FLOOR
MIAMI. F'LORIDA 33131-1868
CHARLES A. 'NTRIAGO
0" COUNSEL - "'AMI
W......EN L, MILLER. P.C..
Of" COUNSIL"O.C.
SUITE 1000
IZOO '8TH ST. NW
WASHINGTON. D.C. 20036
202 223'656e
305 377'0241
BROWARD 305 523,4297
TEI.EX 5290BB.TRIAI.
*LlCENsee TO PRACTICE IN
WASHINGTON. D.C.
"NO
VIRGINIA ONI.."
July 31, 1987
Lucien C. Proby, Jr., Esquire
Monroe County Attorney
310 Fleming street
Key West, Florida 33040
Re: New Port Largo, Inc., etc., et al.
vs. Monroe County, etc., et ale
u. S. District Court Case No. 87-10043 Civ-King
Dear Lucien:
Supplementing my letter of July 30, 1987, outlining our
proposed fee and cost arrangements based upon your recommendation
to the County Commission of retention of our services in the
above-captioned cause, 'I inadvertently failed to include the
following:
In paragraph 4, page 2, of our letter, the request for the
sum of $5,000 to be applied to our trust account and utilized for
costs is not a non-refundable advance. In the event costs
incurred and paid from that amount do not exceed the advance,
which is unlikely if the case reaches the discovery stage, all
unexpended balance of the advance would be refunded to the County.
Further, if the Commission approves your recommendation of
our retention, we would respectfully request a certified copy of
the resolution of approval outlining in detail the specific names
of the defendants we are to represent and, if the County is
responsible for paying the fees and costs incurred in accordance
with our letter of July 30, supra, to so state. In other words,
\.".;..;;,,'
'''-0)
July 31, 1987
Page 2
we would appreciate an outline specifying the parameters of our
charter and the specific defendants for whose representation we
would be responsible.
With all best wishes, I remain
RLF/in
F"LOYD PEARSON RICHMAN GREER WElL ZACK & BRUMBAUGH
~AO"ESSIONAL ASSOCIATION
IIlIO.s:lltT L,. ,...OYO
lit.., H. PEARSON
GERALD ,. R'CHMAN
AL.AN G. G"CE"
KENNETH.J. WElL.
STEPHEN N. ZACM
.JOHN .... .RU....AUG...
.ERTHA CL.AIRE L.EE
ANDREW J. MIAA.ITO
S. DANIE.L. -=-ONCE
."UCE .. CHRISTENSEN
SCOTT O. SHEFlAL.L
HE."AN~.RUSSOMANNO
CHARL.ES H. .JOHNSON
THON..S MEEKS
OlEeA.. WEISS GOODSTONE
PERSONAL
',/
\J
j
'---"
LAW OF'F"CES
FLOYD PEARSON RICHMAN GREER WElL ZACK & BRUMBA...v..
SCOTT JAY FEOE"
GARY s. eETENSKY
DIANE WAGNER KATZEN
CURTIS.,J. NASE
.J. WIL.EY HICKS
ROIIERT %ARCO
ERNE.TO J, DE LA FE
MICHAEL A. HAHZMAN
SALLY R. DOERNER
AO.EAT..). "'IORE
SUSAN Ie. L.A8ASKY
ROBEAT C. LEVINE
PROFESSIONAL. ASSOCIATION
ONE BISCAYNE TOWER
TWENTY,f"If"TH f"L.OOR
MIAMI. F'LORIOA 33131-1888
CHARLES A. INTR'AGO
or COUNSEL. .....1041
WARREN L. ""LLER. P.C..
0" COUNSEL-D.C.
SUITE 1000
1200 16TH ST. NW
WASHINGTON. D.C. 20036
202223.6565
305 377,0241
BROWARD 305 523,.297
TEL.EX 5290ge,TRIAL.
.",K:ENSEDTO PRACT.ce IN
WASHINGTON, D.C.
."0
VIIIGIN.. ON",,'I'
July 30, 1987
Lucien C. Proby, Jr., Esquire
Monroe County Attorney
310 Fleming street
Key West, Florida 33040
Re: New Port Largo, Inc., etc., et ale
vs. Monroe County, etc., et al.
U. S. District Court Case No. 87-10043 Civ-King
Dear Lucien:
In accordance with your call to me the afternoon of July 28,
1987, we are in receipt of your air-couriered delivery yesterday
of a copy of the Complaipt and attached exhibits thereto filed in
the above-captioned cause, and the Summons served upon Monroe
County July 22, 1987.
I have read the Complaint and attached exhibits, together
wi th the case of First English Evangelical Lutheran Church of
Glenoale vs. County of Los Angeles, California, decided by the
U. S. Supreme Court June 9, 1987, and cited in the United States
Law Week at 55 LW 4781, et~.
You have advised that you are going to recommend to the
Monroe County Commission at its meeting next Tuesday, August 4,
the retention of our firm to represent the inter@~t9 gf MgnrQ@
County and those named defendants in their resp@etiv@ ~a~e~it!@9
as members of the Monroe County Commission. Should there arise in
the future a conflict of interest among the named members of the
County Commission, we will address that conflict if and when the
same arises at such time as the conflict exists but would, in any
event, continue representation of Monroe County.
As discussed with you in our telephone conversation today,
our fee arrangements would be as follows:
~
"--"
July 30, 1987
Page 2
We would require the payment of a non-refundable retainer in
the sum of $25,000, payable forthwith. Our ultimate fee would be
on an hourly basis, as listed below, to which credit would be
given toward the non-refundable retainer, and if the hourly time
exceeds the non-refundable retainer, you will be so advised and we
will begin billing monthly. In all candor, from our discussion
thus far, it appears that the non-refundable retainer will be
exceeded.
Our hourly rate is as follows:
Robert L. Floyd
Alan G. Greer
Kenneth J. Weil
Thomas J. Meeks
$225.00
225.00
200.00
175.00
Messrs. Greer, Weil and Meeks are shareholders of our
professional association. We anticipate utilizing one or more
lawyer associates of the firm whose hourly rates vary from $125 to
$150, as well as at least one paralegal at $75.
We would also request the advance of the sum of $5,000 to be
applied to our trust account and utilized for costs. This request
is made so that our firm will not be in the position of having to
finance the preliminary costs incurred. Detailed accounting will
be made to you as costs are paid and if that amount is exceeded,
we will bill monthly and payment would be made as costs are
incurred and billed.
If the Commission approves your recommendation of our firm
pursuant to the fee arrangements set forth above, we would request
an early conference with you in Key West for the purpose of
reviewing all material and relevant documents relating to the
subject matter of the suit from its genesis to date.
We want you to know that we appreciate your recommendation
and, in the event of acceptance, look forward to working with you
on behalf of the defendants named~bove.
With all best wishes, I remain
RLF/in
f"LOYD PEARSON RICHMAN GREER WElL ZACK & BRUMBAUGH
PROF'ESSIONAL ASSOCIATION