Agenda 09/13/2016 R Item #16K 3 16.K.3
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Agreement for Legal Services for the Retention
Agreement with Hopping Green & Sams,P.A.
OBJECTIVE: That the Board of County Commissioners(Board) approves an Amendment to Agreement
for Legal Services relating to the Retention Agreement with the law firm of Hopping Green& Sams, P.A.
(hereafter,"the Firm"). The proposed amendment is for an extension of the term for services.
CONSIDERATIONS: On September 13, 2011, the County and the Firm entered into a Retention
Agreement wherein the County agreed to retain Counsel to provide professional specialized legal services
and on December 12, 2013 the Agreement was amended to amend Exhibit"A' to include a not to exceed
amount for partners and associated not specifically listed.
This Amendment seeks to extend the term to provide professional services under Article 3 of the
Agreement for an additional two (2)year term,with three(3)additional one year renewal terms.
FISCAL IMPACT: A fiscal impact will only arise if services are commenced under the Agreement.
Any fees associated with using this Agreement will be paid by the Department utilizing the services.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Amendment was reviewed for form and legality by the
County Attorney's Office, and requires a majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to sign an Amendment to Agreement for Legal Services relating to the Retention Agreement
with the law firm of Hopping Green & Sams, P.A., to extend the term of the agreement for an additional
two(2)year period with three(3)additional one year renewal terms.
PREPARED BY: Jeffrey A. Klatzkow,County Attorney
ATTACHMENT(S)
1.Amendment to Agreement for Legal Services (PDF)
2.Retention Agreement-Hopping Green&Sams PA (PDF)
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16.K.3
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Item Summary: Recommendation to approve an Amendment to Agreement for Legal Services for
the Retention Agreement with Hopping Green& Sams,P.A.
Meeting Date: 09/13/2016
Prepared by:
Title: Legal Office Administrator—County Attorney's Office
Name: Debbie Allen
08/29/2016 12:01 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
08/29/2016 12:01 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2016 12:03 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/29/2016 1:24 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/29/2016 1:39 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/29/2016 3:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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AMENDMENT
AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
a.
THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Retention
Agreement is entered into on the below date by Collier County, Florida, a political subdivision of
the State of Florida, through its Board of County Commissioners, hereinafter referred to as the
"County" and Hopping Green& Sams, P.A, (hereinafter referred to as "Counsel").
WITNESSETH
WHEREAS, on September 13, 2011, the County and Counsel entered into a Retention
Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide
professional specialized legal services; and
WHEREAS, on December 10, 2013, the County and Counsel entered into an Amendment
to Agreement amending Exhibit A to add other partners and associates to the fee schedule; and
WHEREAS, the professional services to be rendered as specified in Article 3 entitled
Term and Time of Performance is for a period of two (2) years with three (3) additional renewal
terms of one year per each term; and
WHEREAS, the current renewal term of the Agreement, is scheduled to terminate on
September 12, 2016; and
WHEREAS, the parties wish to amend the Agreement to extend the term of service for
providing these specialized legal services for an additional two (2) years, with similar renewal
terms, and an effective commencement date of September 13, 2016; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreement as follows:
Article 3 entitled Term and Time of Performance is amended as follows:
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall be for a period of two (2) years to begin September
13, 2011 2016 and end of September 12, 2044 2018, unless terminated earlier in
accordance with the provisions of this Agreement. Absent notice of intent to
terminate, the Agreement may be renewed upon mutual consent of the parties for three
(3) additional terms of one (1) year each. (In the event the term of this Agreement
extends beyond a single fiscal year of County, the continuation of this Agreement
beyond the end of any fiscal year shall be subject to the availability of funds from
County in accordance with Chapter 129,Florida Statutes.)
Except as modified by this Amendment, all other terms and conditions of the Agreement
shall remain in full force and effect. If there is a conflict between the terms of this Amendment
and the Agreement,the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
on this 13th day of September, 2016, with the intention to attach this Amendment to the original
Agreement.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
, Deputy Clerk Donna Fiala, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
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Attachment: Amendment to Agreement for Legal Services (1900 : Amendment to Agreement for Legal
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Hopping Green &Sams, P.A. a
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STATE OF P10izxdlcz-
COUNTY OF 1..E.04.-1
The foregoing Retention Agreement was acknowledged before me this '2 -day of
AU/11S+ , 2016,by VellAtiW.Li/ti US as Vtu-pre sidttdr of Hopping Green& Sams,
P.A., on behalf of toopptrtt3 .er l QIYAS . He/she is personally known to me or produced
as identification.
"" . AMANDA ••na 'i otary Public
FISCHER
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w1TIWATtroyFt'Mypa,4, � 3857019
Name of Notary Public typed, printed or
My Commission Expires:
I6.K.3.b
• 2
RETENTION AGREEMENT WITH
HOPPING,GREEN & SAMS, P.A. Cd
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This Retention Agreement is made this 13t day of September, 2011, by and between the
Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of
Hopping, Green& Sams, P.A. of Tallahassee, Florida("Hopping, Green& Sams").
Whereas, Hopping, Green & Sams has special expertise and resources in a wide range of
legal matters, with particular expertise in environmental law, land use, permitting and o
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community development districts; and
Whereas, the County from time to time has a requirement and need for legal services L
which are particularly within the expertise of Hopping, Green&Sams;
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Now, therefore, in consideration of the premises contained herein, the County hereby a
hires and retains Hopping, Green& Sams and Hopping, Green & Sams hereby agrees to provide 0
legal services to County. Q
ARTICLE I 0
11/ COMPENSATION; METHOD OF PAYMENT
1.1 Compensation shall be paid to Hopping, Green & Sams in accordance with the terms set
forth in Exhibit "A" attached hereto and made a part hereof. Requirements for reimbursable
expenses are set forth in Exhibit "B," attached hereto and made a part hereof. Expenses other
than automobile expenses must be documented by copies of paid receipts or other evidence of
payment. The Certificate contained in Exhibit "C" must be included with every invoice
submitted for payment.
1.2 The rates set forth in Exhibit"A" shall remain in effect without change for a minimum of
two (2) years from the effective date of this Agreement. In the subsequent years of the
Agreement, upon the request of Hopping, Green & Sams, the County Attorney is authorized to
negotiate to increase the hourly rate up to a maximum of ten (10) percent without approval by
the Board of County Commissioners. In the negotiation process, Hopping, Green & Sams must
substantiate the reason the request is being made(i.e. market conditions,increase in CPI, etc.) Pc
1.3 Multiple Attorney Assignments. The County acknowledges that, from time to time, it
• may be advisable for Hopping, Green & Sams to assign more than one attorney to a project or
case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and
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cost-effective for the County, Hopping, Green & Sams agrees to the following procedures and • a
billing limitations for multiple attorney assignments.
1.3.1 A primary attorney will be identified for such projects or cases and that attorney will be
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the contact attorney for the County except in the case of an emergency or the County's written
pre-approval. In practice, this means that generally only the primary attorney will meet or
communicate directly with County personnel or.attend meetings, court, arbitrations, mediations
or other proceedings on behalf of the County.
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1.3.2 Attorneys assigned to a project or case other than the primary attorney will be less senior a)
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attorneys with lower billing rates unless the additional attorney(s) has/have a demonstrated
expertise that will demonstrably enhance the value and efficiency of the legal services being
provided to the County.
1.3.3 Hopping, Green & Sams agrees that internal or in-house conferences among multiple
attorneys assigned to a project or case shall be kept to the minimum reasonably necessary for the o
provision of the legal services in question. To the extent internal or in-house conferences among
multiple attorneys assigned to a project or case are necessary, each such attorney may bill his or
her customary rate for up to thirty (30) minutes for any such conference. To the extent such a • a
conference exceeds thirty (30) minutes in length, Hopping, Green & Sams agrees that it will rn
discount the total billings for all attorneys involved in the conference by forty-five(45)percent.
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1.4 Hopping, Green & Sams may submit invoices for hourly work assignments pursuant to
Exhibit "A" only after the services for which the invoices are submitted have been completed or n
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expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end
of the month, except the final invoice which must be received no later than sixty (60) days after
the work is completed or the expiration of this Agreement. a)
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1,5 To be deemed proper, all invoices must comply with the requirements set forth in this
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Agreement and must be submitted on the form and pursuant to the instruction prescribed by
County. Payment may be withheld for failure of Hopping, Green& Sams to comply with a term,
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condition, or requirement of this Agreement.
1.6 Payment shall be made to Hopping, Green & Sams at:
Hopping, Green& Sams, P.A
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119 South Monroe Street
Suite 300 . .
Tallahassee, FL 32301
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• ARTICLE 2
INSURANCE
2.1 In order to insure the indemnification obligation contained above, Hopping, Green &
Sams shall as a minimum, provide, pay for, and maintain in force at all times during the term of
this Agreement, professional liability insurance in an amount not less than Two Million Dollars
($2,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by `f'
Hopping, Green & Sams to comply with the insurance requirements contained herein is issued
on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage
shall be no later than the commencement date of the assigned work to which this Agreement
applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the
discovery period for insurance claims (tail coverage) shall not be less than three years following
the completion of the assigned work and acceptance by the County. E'
2.2 Such policy or policies shall be issued by United States Treasury approved companies
authorized to do business in the State of Florida, and having agents upon whom service of Q
process may be made in Collier County, Florida.110
2.3 Hopping, Green & Sams shall furnish to the Risk Management Director Certificates of
Insurance or endorsements evidencing the insurance coverages specified by this Article prior to a
beginning performance of work under this Agreement.
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ARTICLE 3
TERM AND TIME OF PERFORMANCE t7
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3.1 The term of this Agreement shall be for a period of two(2) years to begin September 13, _
2011 and to end on September 12, 2013, unless terminated earlier in accordance with the
provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be
renewed upon mutual consent of the parties for three (3) additional terms of one (I) year each.
(In the event the term of this Agreement extends beyond a single fiscal year of County, the
continuation of this Agreement beyond the end of any fiscal year shall be subject to the
availability of funds from County in accordance with Chapter 129,Florida Statutes.) cc
3.2 Time shall be deemed to be of the essence in performing the duties, obligations and
• responsibilities by this Agreement.
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3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this a)
Agreement shall only be valid when they have been reduced to writing, duly signed by both • o
parties hereto, and attached to the original of this Agreement.
ARTICLE 4
TERNIINATION 2L
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4.1 This Agreement may be terminated by either party for cause upon ten (10)days' notice or
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by either party for convenience upon no less than thirty (30) days' advance written notice in
accordance with the"NOTICES" section of this Agreement.
4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to
suitably perform the work, failure to continuously perform the work in a manner calculated to
meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of a
the provisions of this Agreement notwithstanding whether any such breach was previously o
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waived or cured.
4.3 In the event this Agreement is terminated for convenience, Hopping, Green& Sams shall
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be,paid for any services performed to the date the Agreement is terminated; however, upon • E
notice by either party to terminate, Hopping,Green&Sams shall refrain from performing further
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services or incurring additional expenses under the term of this Agreement. Hopping, Green &
Sams acknowledges and agrees that Ten Dollars($10)of the compensation to be paid by County,
the adequacy of which is hereby acknowledged by Hopping, Green & Sams, is given as specific
consideration to Hopping, Green & Sams for County's right to terminate this Agreement for 05
convenience. Hopping, Green & Sams' obligations to the County as provided for hereunder
shall cease upon termination, except for participating in an orderly and professional transfer of
such responsibilities and files or copies of files to the County or its designee
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ARTICLE 5
RECORD AUDIT AND INSPECTION
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5.1 County shall have the right to audit the books and records of Hopping, Green & Sams o
pertinent to the funding under this Agreement. Hopping,Green& Sams shall preserve and make CD
available, at reasonable times for examination and audit by County, all financial records, • .
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• supporting documents, and other documents pertinent to this Agreement for a period of three(3) e
years after termination of this Agreement or, if any audit has been initiated and audit findings p
have not been resolved at the end of the three years, the books and records shall be retained until a)
resolution of the audit findings.
5.2 If the Florida Public Records Act(Chapter 119, Fla. Stat.) is determined by County to be
applicable to Hopping, Green & Sams' records, Hopping, Green & Sams shall comply with all
requirements thereof,however, no confidentiality or non-disclosure requirement of either federal
or state law shall be violated by Hopping,Green& Sams.
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ARTICLE 6
CONFLICT OF INTEREST
a)
6.1 Hopping, Green & Sams states that it is familiar with and will comply with the terms and
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conditions of Chapter 112,Part III, Florida Statutes(Code of Ethics).
6.2 It is important that Hopping, Green & Sams be independent and impartial in order to
properly conduct its services to the County. Hopping, Green & Sams shall not act as counsel in
any lawsuit or other adversary proceeding in which County is named as an adversary party or in
which Hopping,Green&Sams takes an adverse position to the County. cs)
6.3 Neither Hopping, Green & Sams nor its employees shall have or hold any continuing or a.
frequently recurring employment or contractual relationship that is substantially antagonistic or
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incompatible with Hopping,Green&Sams' loyal and conscientious exercise of judgment related
to its performance under this Agreement. a)
6.4 In the event Hopping, Green & Sams is permitted to utilize subcontractors, herein, to
perform any services required by this Agreement, Hopping, Green & Sams agrees to prohibit a
such subcontractors, by written contract, from having any conflicts as within the meaning of this
section.
6.5 If at any time Hopping, Green & Sams' firm represents a client in matters having to do a)
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with the Collier County government, be it before the Board of County Commissioners or any ¢
other agency or division of Collier County government, Hopping, Green& Sams will contact the
County Attorney's Office before undertaking such representation so that it can be determined 0
• whether a conflict of interest exists.
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ARTICLE 7 0
INDEMNIFICATION .
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7.1 Hopping, Green & Sams acknowledges and agrees that Ten Dollars ($10.00) of the
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compensation to be paid by County,the adequacy of which is hereby acknowledged by Hopping,
Green & Sams, is given as specific consideration to Hopping, Green & Sams so that Hopping, •�
Green & Sams shall at all times hereafter indemnify, hold harmless and, at County's option, cnn
defend or pay for an attorney selected by County to defend County, its officers, agents, servants, 0
and employees against any and all claims, losses, liabilities, and expenditures of any kind, o
including attorney fees, court costs, and expenses, caused by negligent act or omission of
Hopping,Green &Sams, its employees, agents, servants, or officers, or accruing, resulting from, c
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or related to the subject matter of this Agreement including, without limitation, any and all o
claims, demands or causes of action of any nature whatsoever resulting from injuries or damages c
sustained by any person or property. The provisions of this section shall survive the expiration
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or earlier termination of this Agreement. To the extent considered necessary by County, any E
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sums due Hopping, Green& Sams under this Agreement may be retained by County until all of c
County's claims for indemnification pursuant to this Agreement have been settled or otherwise •
resolved; and any amount withheld shall not be subject to payment of interest by County. aa.
ARTICLE 8 coco
OWNERSHIP OF DOCUMENTS ors
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8.1 Any and all reports, photographs, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property of County. In the 0
event of termination of this Agreement, any reports, photographs, surveys, and other data and .
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documents prepared by Hopping, Green & Sams, whether finished or unfinished, shall become ?
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the property of County and shall be delivered by Hopping, Green & Sams to the County within cu
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seven (7) days of termination of this Agreement by either party. Any compensation due to c
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Hopping,Green& Sams shall be withheld until all documents are received as provided herein. L
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ARTICLE 9
INDEPENDENT CONTRACTOR a
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9.1 Hopping, Green & Sams is an independent contractor under this Agreement. Services
provided by Hopping, Green & Sams shall be subject to the supervision of Hopping, Green &
Sams, and such services shall not be provided by Hopping, Green & Sams as officers,
employees, or agents of the County. The parties expressly acknowledge that it is not their intent
a)
to create any rights or obligations in any third person or entity under this Agreement.
ARTICLE 10 E
NONDISCRIMINATION,EQUAL OPPORTUNITY
AND AMERICANS WITH DISABILITIES ACT
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10.1 Hopping, Green & Sams shall not unlawfully discriminate against any person in its
operations and activities in its use or expenditure of the funds or any portion of the funds
1 provided by this Agreement and shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act(ADA) in the course of providing any services funded in whole o
or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the <
basis of disability), and all applicable regulations,guidelines,and standards.
10.2 Hopping, Green & Sams' decisions regarding the delivery of services under this cn
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Agreement shall be made without regard to or consideration of race, age, religion, color, gender,
sexual orientation national origin, martial status, physical or mental disability, political
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affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for
service delivery. 0
10.3 Hopping, Green &Sams shall comply with Title I of the Americans with Disabilities Act
regarding nondiscrimination on the basis of disability in employment and further shall not
discriminate against any employee or applicant for employment because of race, age, religion,
color, gender, sexual orientation, national origin, marital status, political affiliation, or physical o
or mental disability. In addition, Hopping, Green & Sams shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but not
• be limited to, the following: employment, upgrading, demotion, transfer, recruitment or
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• recruitment advertising, layoff,termination, rates of pay,other forms of compensation, terms and
conditions of employment,training(including apprenticeship),and accessibility. o
10.4 Hopping, Green & Sams shall take affirmative action to ensure that applicants are
employed and employees are treated without regard to race, age, religion, color, gender, sexual
orientation, national origin, marital status, political affiliation, or physical or mental disability
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during employment. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay, other forms of compensation, terms and conditions of employment, cn
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training(including apprenticeship),and accessibility.
10.5 Hopping, Green & Sams shall not engage in or commit any discriminatory practice in
performing the Scope of Services or any part of Scope of Services of this Agreement.
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ARTICLE 11 aL
NOTICES o
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11.1 Whenever either party desires to give notice to the other, such notice must be in writing,
• sent by registered or certified United States Mail,postage prepaid,return receipt requested, or by
hand-delivery, addressed to the party for whom it is intended at the place last specified. The
place for giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present,the parties designate the following: as
FOR COLLIER COUNTY: 05
Jeffrey A. Klatzkow,County Attorney
Government Center c�
3299 Tamiami Trail East =
Suite 800 a
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Naples, Florida 34112 •
FOR HOPPING,GREEN &SAMS:
Frank E. Matthews,Esq. a�
Hopping,Green&Sams, P.A
119 South Monroe Street
Suite 300
Tallahassee, FL 32301
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ARTICLE 12
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MISCELLANEOUS a
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12.1.1 WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any
provision of this Agreement shall not be deemed a waiver of the provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a
waiver of any subsequent breach and shall not be construed to be a modification of the terms of
this Agreement. ''` j' c
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12.1.2 COMPLIANCE WITH LAWS Hopping, Green & Sams shall comply with all federal,
state, and local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations related to this Agreement.
12.3 SEVERANCE In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be effective Q
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unless County and Hopping, Green & Sams elect to terminate this Agreement. The election to
terminate this Agreement based upon this provision shall be made within seven(7) days after the
finding by the court becomes final.
12.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. Venue for
litigation concerning this Agreement shall be in Collier County, Florida. a
12.5 PRIOR AGREEMENTS This document supercedes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters es
contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, the parties agree that no deviation from the terms hereof shall be o.
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predicated upon any prior representations or agreements, whether oral or written. It is further =
agreed that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document in accordance with Article 3 above.
12.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" Q
clause set forth above is acknowledged by the parties. The attached Exhibits "A," "B," and "C"
are incorporated into and made a part of this Agreement.
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IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and
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year first above written. • c
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BOARD OF COUNTY COMMISSIONERS a)
• 3`,0,1 , OF COLLIER COUNTY, FLORIDA e
ATTEST; ')` ,7 -c
DWIGHT E BROCK,ti,XRKo
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4= .-=-,'4;r.: � :y C . FRED W.COYLE, CHAIRM L
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Approved as to form and o
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Jeffrey A. atzkow a,
County Attorney
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STATE OF FLORIDA g
COUNTY OF LEON 05
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The foregoing Retention Agreement was acknowledged befor. me this 6f4 day of w
, 2011, by 9Th..r4,_ ti.DDt°Sas .' P ' a, : ...'•: Green & 0
Sams, on behalf of . He/she ' personally known to me or c
produced as identification. o
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Signature of Notary Public °'
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EXHIBIT B
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1. In addition to the charges for professional fees set forth in Exhibit"A," and the Schedules
attached hereto, County shall reimburse Hopping, Green & Sams for out-of-pocket expenses
reasonably incurred in the course of rendering such legal services, including costs of long
distance calls, printing, costs of reproduction, and necessary travel expenses incurred in
accordance with the requirements of Chapter 112, F.S. Hopping, Green& Sams shall not charge L
for travel of attorneys between its offices so that it can provide the best available and most (i)
appropriate lawyer in any of its office locations for the issues involved.
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2. Hopping, Green&Sams shall submit invoices on a monthly basis for the payment of out-
of-pocket
expenses. Each invoice shall include a signed certificate listing all costs, expenses,
vouchers, invoices and other documentary evidence that will describe in reasonable detail the
basis for expenditures for which reimbursement is sought as set forth below.
3. REQUIREMENTS
The following represents Collier County's payment requirements for legal costs
Your federal employee identification number must be on all invoices submitted. a
> The applicable Purchase Order number must be on all invoices submitted.
> No service, interest,or other charge of like nature is to be imposed with regard to
any item, invoice, or request. All firms doing business with Collier County must
have a current W-9 "Request for Taxpayer Identification Number and
Certification"on file. ca
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> Services rendered must be specifically and concisely identified:
> Names of persons performing services, hourly rates,and dates must be listed. The a)
County agrees to reimburse Hopping,Green&Sams for retention and utilization
of sub-consultants.
0
> Reimbursable expense must be verified by attached receipts or copies thereof.
as
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Claims for mileage and meals cannot exceed statutory allowance as provided for a
under Chapter 112, F.S. Meals and mileage cannot be charged unless the a)
professional has traveled outside the county of the principal business location. o
> Claims for lodging at single rate(actual cost)must be substantiated by paid bill or
charge, with a cap of no more than$150.00 per night.
•
a)
Page 12 of 14
Packet Pg. 3382
16.K.3.b
EXHIBIT A • o
For professional services rendered, Hopping,Green&Sams' fee shall be based on the hourly 0
rate as follows: 52
Attorney Mine Rate L
0
Frank E. Matthews 330
James S. Alves 330 .;
Gary V. Perko 300 in
Eric T. Olsen 300 To
Winston K. Borkowski 300 a'
D. Kent Safriet 285 0
Miguel Collazo 260
David W.Childs 260 d
A.Tucker Mackie 225 a)
Amelia A. Savage 225 a)
Timothy M. Riley 225 a
Mohammad0 O.Jazil 215 $3
Jacob T. Cremer 200 d
Paralegals 140
Clerks 120 a
Legal Assistants 110 Q
Hopping, Green& Sams' fee shall not exceed $100,000.00 per new matter assigned without the. •
approval of the Board of County Commissioners. Any expenditure beyond the initial
$100,000.00 approval by the Board of County Commissioners must have Board approval prior to aQ.
work being performed. (Where appropriate a"not to exceed" sum shall be agreed to when each
assignment is made to Hopping,Green&Sams.) 03
al
In the event that Hopping, Green & Sams is required or requested to perform any additional or a
extraordinary services not herein contemplated, Hopping, Green & Sams shall be entitled to c)
apply for additional compensation, the amount of which shall be subject to the approval of
County and no such additional compensation in excess of the amount herein stated shall be paid Q
unless specifically authorized in advance by County in its sole discretion. o
Hopping, Green & Sams shall provide, at no cost to County, the annual response to County's c
auditors regarding pending or threatened litigation. The auditors typically request information E
regarding all litigation, claims and assessments considered to be material. The response should a
include the nature of the litigation, the progress of the case to date, an estimate of the amount or
range of potential loss, and any other information considered necessary to explain the case. o
Hopping,Green&Sams shall provide said response within 30 days of receipt of the request. :�.
0
Divisions, or departments within such divisions, shall be responsible and pay for legal counsel tr
services relating to litigation and outside counsel specifically for cases, matters or issues relating
to such division or department, as determined by the County Attorney in coordination with the E
County Manager. •
m
e
Page t I of 14
Packet Pg. 3383
16.K.3.b
1 �
Y
C
N
N
• > Car rentals required for travel should include compact or standard-size vehicles
only.
0
➢ Common carrier travel shall be reimbursable at tourist or coach class fares only.
> Accounting Division requires original receipts, or copies of receipts which have
been individually certified to be true copies of the originals. In addition the
Certificate contained in Exhibit C must accompany each invoice. The certifying
person must sign the Certification form and a description provided of the items,
which are certified.
> Faxes shall not be reimbursed a�
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J
> Legal Research costs(Lexis-Nexis, Westlaw,etc.)shall not be reimbursed
c)
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0
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•
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Page 13 of 14
Packet Pg. 3384
16.K.3.b
•
N I
E
a)
EXHIBIT C
. <
CERTIFICATE
as
IT IS HEREBY CERTIFIED that:
a>
1. has been duly designated as special counsel to 0
render legal services or provider of services for or on behalf of Collier County;
N
2. Each of the documents hereinafter identified and attached is a true and correct copy of the L
original record; in
3. Expenditure(s) enumerated represent costs necessarily incurred during the course of
official business for which payment has not been received and for which documentation is
not available or reasonably retrievable;
4. Claims are in compliance with the applicable statutes and administrative orders, and with
the express provision that all other parties are barred from entitlement to any part of these
costs.
j c
RE: Invoice No. , Dated
Period Covered: ,Amount CD
• a
IN-HOUSE CHARGES:
Photocopies: copies @ $0.15/each $ Q
a
Mileage: miles @ /mile $ c)
co
OTHER(Copies of invoices required):
c
W
Long Distance Calls $
rn
Other: $ E.
a
TOTAL: $ _
FOR THE FIRM c
Signed:
Print Name:
Title:
Date:
d
cc
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w
Page 14 of 14 `Z
Packet Pg. 3385
16.K.3.b
C
AMENDMENT TO AGREEMENT FOR LEGAL SERVICES a)
¢ I
of
THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES is entered into on
the below date by Collier County, Florida, a political subdivision of the State of Florida, through
its Board of County Commissioners (hereinafter referred to as the "County") and Hopping,
Green& Sams,(hereinafter referred to as"Counsel"). 7.2
WITNESSETH
WHEREAS,on September 13, 2011, the County and Counsel entered into an Agreement
(the "Agreement") wherein the County agreed to retain Counsel to provide professional (73
specialized legal services;and
l L
WHEREAS, Exhibit"A"to the agreement outlines the fees to be charged for professional
services to be rendered;and a)
E
WHEREAS, the parties wish to amend the Agreement to add other partners and
associates to Exhibit"A."
0
NOW, THEREFORE, in consideration of the mutual promises and covenants contained a)
herein, the parties hereto agree to amend Exhibit "A"to the Agreement as follows: Ea
a>
EXHIBIT A
For professional services rendered, Hopping, Green& Sams' fee shall be based on the o
following hourly rate:
Attorney Billing Rate
Frank E. Matthews 335
James S. Alves 335
Gary V. Perko 305
Eric T. Olsen 305
Winston K. Borkowski 305 .
D. Kent Safriet 290
Miguel Collazo 265 .a
David W. Childs 265
A. Tucker Mackie 730
Amelia A. Savage 230
Timothy M. Riley 230
Mohammad O. Jazil 220
All other Partners not to exceed 335
All other Associates not to exceed 230 9
Paralegals 145
Clerks 125 a
cc
Legal Assistants 115
C
E
1
4
Packet Pg. 3386
16.K.3.b
Y
a)
E
Hopping, Green & Sams' fee shall not exceed $100,000.00 per new matter assigned )
without the approval of the Board of County Commissioners. Any expenditure
beyond the initial $100,000.00 approval by the Board of County Commissioners must o
have Board approval prior to work being performed. (Where appropriate a "not to
exceed" sum shall be agreed to when each assignment is made to Hopping, Green &
Sams.)
°
4—
In the event that Hopping, Green & Sams is required or requested to perform any °
additional or extraordinary services not herein contemplated, Hopping, Green & Sams
shall be entitled to apply for additional compensation, the amount of which shall be
subject to the approval of County and no such additional compensation in excess of
the amount herein stated shall be paid unless specifically authorized in advance by a
County in its sole discretion.
a)
Hopping, Green & Sams shall provide, at no cost to County, the annual response to
County's auditors regarding pending or threatened litigation. The auditors typically
request information regarding all litigation, claims and assessments considered to be
material. The response should include the nature of the litigation, the progress of the
case to date, an estimate of the amount or range of potential loss, and any other
information considered necessary to explain the case. Hopping, Green & Sams shall
provide said response within 30 days of receipt of the request.
Divisions, or departments within such divisions, shall be responsible and pay for legal
counsel services relating to litigation and outside counsel specifically for cases,
matters or issues relating to such division or department, as determined by the County Q
Attorney in coordination with the County Manager. o
Except as modified by this Amendment, all other terms and conditions of the Agreement
shall remain in full force and effect. If there is a conflict between the terms of this Amendment U)
and the Agreement, the terms of this Amendment shall prevail.
05
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
on this \ot\day of ,rr,1ce,.r— , 2013, with the intention to attach this Amendment to the
original Agreement.
a)
'n.
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ATTEST: BO v F OUNT COMMISSIONERS
DWIGHT E:BROOK, Clerk COL IE• CnU' T , FLORIDA
') I ami
_t By: )
Deputy Clerk Georgia g���• ���le;, Esq., Chairworrtan a'
Attest as to.ChalrmaC� a
s►gn�ttlreonly c:ountyofCO COLLIER = ;Y;» r o
(HERr;>(l t ~CftiJt N1�t�llSlaa (41
correu cop t 5000N:nt On fije in
5:.)7(1 .',tii r,q. n{j Pc;C`rda of 054,1;C`otinty- w;
id a Cj.5011i I't t;3 . aa)
2 day.of
DWIGHT E. BROCK,CL 1E01F COURTS
Packet Pg. 3387
16.K.3.b
as
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Approved as to form and legality:
0
1 gtjfScott R. Teac ce
Deputy County Attorney
0
HOPPING
DATE:
By:
Its: I/ce. G/G s+be-/
0
STATE OF FLORIDA
E
a)
COUNTY OF LEON
The foregoing Retention Agreement was acknowledged before me this 1$ day of
NoW Ytibe( , 2013, by DAVID W. CHILDS as VICE-PRESIDENT of Hopping, Green &
_
Sams, on behalf of • He/she is personally known to me or
produced as ' entification. W:�'
411111
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it o otary Public
e x��E co. Co r 175882
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Expires April 14,2018
ind tUra Mar-100.116 VIA
Name of Notn.� "tri.t,t,L1,r«1/1Ld u,
My Commission Expires:
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Packet Pg. 3388