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Marion County <br />OREGON <br />,.9~~,.~r.~ <br />~•#-` <br />OFFICE OF LEGAL COUNSEL <br />1s . <br /> October 15, 1997 <br /> ~ <br />~ <br />LEGAL COUNSEL / <br />Q <br />' <br />~ <br />Michael 1. Hansen j J6- <br />MEMORANDUM <br />BOARD OF t'~,; <br />p~,~ <br /> <br />COMMISSIONERS <br />k <br />ll F <br />d # <br />~ <br />f <br />~~r ` <br />ran <br />e <br />Ran <br />a <br />Gary Heer TO: E1y11 Lyo~1 r' ~-%(;'~;:; <br />Mary B. Pearmine ' ~i *;~ <br />General Services t. <br />ASSISTANT LEGAL <br />COUNSEL <br />Bruce T. Armstrong <br />FROM: Mike Hansen <br />'~.V <br />Timothy T.A. Jensen Marion County Legal Counsel ,~ 3'~ <br />Gloria M. Roy <br />Jane Ellen Stonecipher <br /> RE: Attorney Fees -- Courthouse Square <br /> Miller, Nash (Tom Lindley) <br />Elyn, let me begin my apologizing to you for the delay in responding to your <br />e-mails concerning contracting with the Miller, Nash firm for attorney services in <br />connection with a number of environmental issues on the Courthouse Square project. <br />My delay is inexcusable. I apologize for it. There are a number of outstanding <br />invoices which the Miller, Nash law firm has sent to me. These are attached. I <br />would ask that you process these for payment in due course. <br />I have also enclosed with this memorandum, copies of a letter from me to <br />Tom Lindley dated February 21, 1997, and a faxed letter to Mr. Lindley from me <br />dated March 10, 1997. These letters constitute the contract between Marion County <br />and the Miller, Nash law firm for representation in the above matters. <br />I believe that these letters are sufficient to substantiate the invoices provided <br />by Miller, Nash, which I have reviewed and deemed to be reasonable in terms of the <br />hourly rate, charges and services provided. These letters constitute the contract <br />between Marion County and Miller, Nash. <br />I provide the following information for historical purposes. You are familiar <br />with most of this information, but the responsibility to justify this arrangement falls <br />on my ofFice. First, the services of an attorney are considered by our contract rules <br />to be personal services which are not subject to competitive processes. This <br />interpretation is found at Section 6 of the Marion County Public Contract Review <br />Board Rules. Furthermore, Marion County has never required law firms or attorneys <br />to execute personal service contracts or follow the review process laid out generally <br />in the public contract rules. This has been the case at least since I have been with <br />530 Center Street NE, Suite 312 • Salem, Oregon 97301-3670 •(503) 588-5220 • FdX (SU.i) 3/3-43b/ <br />