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/O~-// o~ 9~--- <br />Marion Count~ <br />OREGON <br />f t ~ . {` <br />,,~ ,,~;,~, ; r ~. ,,- ,, _ ~ <br />~~}~, <br />LEGAL COUNSEL <br />Michaei J. Hansen <br />BOARD OF <br />COMMISSIONERS <br />Randall Franke <br />Gary Heer <br />Mary B. Pearmine <br />ASSISTANT LEGAL <br />COUNSEL <br />Bruce T. Armstrong <br />Timothy T.A.Jensen <br />Gloria M. Roy <br />Jane Ellen Stonecipher <br />OFFICE OF LEGAL COUNSEL <br />MEMORANDUM <br />TO: Elyn Lyon <br />General Services <br />October 15, 1997 <br />:9 <br />~ ~Cj,6 <br />t'~`;, r'`~'~1~ <br />fJ <br />1-' f, j <br />,~ <br />FROM: Mike Hansen ( <br />Marion County Legal Counsel~~~V ~J~J~~ <br />RE: Attorney Fees -- Courthouse Square <br />Miller, Nash (Torn 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 faa~ed 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 • Fax (503) 373-4367 <br />