Agenda 10/25/2016 Item #16K 7 16.K.7
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Agreement for Legal Services for the Retention
Agreement with Woods Weidenmiller Michetti Rudnick&Galbraith,PLLC
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 Woods Weidenmiller
Michetti Rudnick & Galbraith, PLLC (hereafter, "the Firm"). The proposed amendment is for an
extension of the term for services.
CONSIDERATIONS: On February 8, 2011, the County and the Firm entered into a Retention
Agreement wherein the County agreed to retain Counsel to provide professional specialized legal
services.
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.
Additionally, the name of the firm changed from Woods Weidenmiller and Michetti, P.L. to Woods
Weidenmiller Michetti Rudnick&Galbraith, PLLC, and the agreement needs to be updated to reflect the
new name of the firm.
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,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 Woods Weidenmiller Michetti Rudnick&Galbraith, PLLC,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.Woods Weidenmiller-amendment to agreement-sign (PDF)
2.RetentionAgreementwithWoodsWeidenmillerMichetti (PDF)
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16.K.7
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Item Summary: Recommendation to approve an Amendment to Agreement for Legal Services for
the Retention Agreement with Woods Weidenmiller Michetti Rudnick&Galbraith,PLLC
Meeting Date: 10/25/2016
Prepared by:
Title: Legal Assistant—County Attorney's Office
Name: Rosa Villarreal
10/03/2016 12:13 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A.Klatzkow
10/03/2016 12:13 PM
Approved By:
Review:
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/03/2016 2:14 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/03/2016 4:19 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2016 4:23 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/19/2016 11:17 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
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AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
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 Woods Weidenmiller Michetti Rudnick & Galbraith, PLLC, (hereinafter referred
to as"Counsel").
WITNESSETH
WHEREAS, on February 8, 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, Woods Weidemniller & Michetti, P.L. has changed the name of the firm to
Woods Weidenmiller Michetti Rudnick& Galbraith, PLLC; 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
December 8,2016; 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 December 8, 2016; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreement as follows:
1. The law firm of Woods Weidenmiller Michetti Rudnick & Galbraith, PLLC accepts
and assumes all rights, duties, benefits and obligations under the Agreement, as amended,
including all existing and future obligations to perform under the Agreement.
2. 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 December
8, 2044 2016 and end on December 8, 2`01- 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
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beyond the end of any fiscal year shall be subject to the availability of funds fromAC
County in accordance with Chapter 129,Florida Statutes. a
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 day of , 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
Woods Weidenmiller Michetti Rudnick&
Galbraith, PLLC
By ,� " "
Its: 1 ,
STATE OF
COUNTY OF ,LI t
The foregoing Retention Agreement was acknowledged before me this Sri day of
, 2016,by 6v to lcxJ-I as ,n,1/414,, ,, of Woods Weidenmiller
Michetti Rudnick& Galbraith, PLC, on behalf of -k. g„7,.. . He/she is
personally known to me or produced as identification.
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RETENTION AGREEMENT WITH
WOODS.WEIDENMILLER& MICHETTI,P.L. a)
This Retention Agreement is made by and between the Board of County Commissioners
as
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of Collier County, Florida(the "County"), and the law firm of Woods, Weidenmiller&Michetti,
P.L.of Naples,Florida("Woods").
Whereas, Woods has special expertise and resources in a wide range of legal matters,
with particular expertise in construction law, contract disputes, employment disputes, and
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litigation, including related administrative, executive, and judicial hearings, appeals,
negotiations;and
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Whereas, the County from time to time has a requirement and need for legal services
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which are particularly within the expertise of Woods;
Now, therefore, in consideration of the premises contained herein, the County hereby N
hires and retains Woods and Woods hereby agrees to provide legal services to County. 2
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ARTICLE 1
a)
COMPENSATION; METHOD OF PAYMENT
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1.1 Compensation shall be paid to Woods 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
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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 Q
submitted for payment.
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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
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Agreement, upon the request of Woods,the County Attorney is authorized to negotiate to
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increase the hourly rate up to a maximum of ten (10) percent without approval by the
Board of County Commissioners. In the negotiation process, Woods must substantiate
the reason the request is being made(i.e. market conditions, increase in CPI, etc.)
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1.3 Multiple Attorney Assignments.
The County acknowledges that, from time to time, it may be advisable for Woods to
assign more than one attorney to a project or case. Nevertheless, in order to ensure that a)
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such multiple attorney assignments are efficient and cost-effective for the County, Woods
agrees to the following procedures and billing limitations for multiple attorney
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assignments. 0
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1.3.1 A primary attorney will be identified for such projects or cases and that
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attorney will be 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 s
generally only the primary attorney will meet or communicate directly with
County personnel or attend meetings, court, arbitrations, mediations or other
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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 attorneys with lower billing rates unless the additional attorneys)
has/have a demonstrated expertise that will demonstrably enhance the value
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and efficiency of the legal services being provided to the County.
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1.3.3 Woods agrees that internal or in-house conferences among multiple attorneys
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assigned to a project or case shall be kept to the minimum reasonably necessary
for the provision of the legal services in question. To the extent internal or in-
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16.K.7.b
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 conference exceeds
thirty (30) minutes in length, Woods agrees that it will discount the total
billings for all attorneys involved in the conference by forty-five(45)percent. o
1.4 Woods may submit invoices for hourly work assignments pursuant to Exhibit "A" only 3
after the services for which the invoices are submitted have been completed or expenses CD
incurred. An original invoice plus one copy is due within fifteen (15)days of the end of Q
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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.
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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 C
by County. Payment may be withheld for failure of Woods to comply with a term,
condition,or requirement of this Agreement.
1.6 Payment shall be made to Woods at: c
a)
Woods, Weidenmiller&Michetti,P.L. y
5150 North Tamiami Trail, Suite 603
Naples, FL 34103
ARTICLE 2
INSURANCE
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2.1 In order to insure the indemnification obligation contained above, Woods shall as a
minimum, provide, pay for, and maintain in force at all times during the term of this cp
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Agreement, professional liability insurance in an amount not less than Three Million
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16 K.7.b
Dollars ($3,000,000.00) Per Occurrence, Combined Single Limits. If any liability +45
insurance obtained by Woods 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 o
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. a)
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
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process may be made in Collier County,Florida.
2.3 Woods shall furnish to the Risk Management Director Certificates of Insurance or
endorsements evidencing the insurance coverages specified by this Article prior to
beginning performance of work under this Agreement.
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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 December 8,
10, 2011 and to end on December 8, 2013, unless terminated earlier in accordance with
CDthe provisions of this Agreement. Absent notice of intent to terminate, the Agreement CD
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may be renewed upon mutual consent of the parties for three (3) additional terms of one
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(1)year each. In the event the term of this Agreement extends beyond a single fiscal year rew
of County, the continuation of this Agreement beyond the end of any fiscal year shall be
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16.K.7.b
subject to the availability of funds from County in accordance with Chapter 129, Florida
Statutes.
3.2 Time shall be deemed to be of the essence in performing the duties, obligations and
responsibilities by this Agreement.
3.3 Any amendments, alterations, variations, modifications or waivers of provisions of this $
Agreement shall only be valid when they have been reduced to writing, duly signed by
both parties hereto,and attached to the original of this Agreement. E
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ARTICLE 4 Q
TERMINATION
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4.1 This Agreement may be terminated by either party for cause upon ten(10)days' notice or 0
by either party for convenience upon no less than thirty(30) days' advance written notice
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in accordance with the"NOTICES"section of this Agreement. N
4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to
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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 the provisions of this Agreement notwithstanding whether any such
breach was previously waived or cured.
4.3 In the event this Agreement is terminated for convenience, Woods shall be,paid for any
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services performed to the date the Agreement is terminated; however, upon notice by
either party to terminate, Woods shall refrain from performing further services or
incurring additional expenses under the term of this Agreement. Woods acknowledges d
reand agrees that Ten Dollars($10)of the compensation to be paid by County,the adequacy
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of which is hereby acknowledged by Woods, is given as specific consideration to Woods
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16.K.7.b
for County's right to terminate this Agreement for convenience. Woods' obligations to )
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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. y
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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 Woods pertinent to the
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funding under this Agreement. Woods shall preserve and make available, at reasonable
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times for examination and audit by County, all financial records, supporting documents,
and other documents pertinent to this Agreement for a period of three (3) years after E
termination of this Agreement or, if any audit has been initiated and audit findings have
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not been resolved at the end of the three years, the books and records shall be retained
until 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 Woods' records, Woods shall comply with all requirements thereof,
a)
however, no confidentiality or non-disclosure requirement of either federal or state law o
shall be violated by Woods.
ARTICLE 6
CONFLICT OF INTEREST
6.1 Woods states that it is familiar with and will comply with the terms and conditions of
Chapter 112,Part III,Florida Statutes(Code of Ethics). ru
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16.K.7.b
6.2 It is important that Woods be independent and impartial in order to properly conduct its
services to the County. Woods shall not act as counsel in any lawsuit or other adversary
proceeding in which County is named as an adversary party or in which Woods takes an
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adverse position to the County.
6.3 Neither Woods nor its employees shall have or hold any continuing or frequently °o
recurring employment or contractual relationship that is substantially antagonistic or
incompatible with Woods' loyal and conscientious exercise of judgment related to its
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performance under this Agreement.
6.4 In the event Woods is permitted to utilize subcontractors, herein, to perform any services c
required by this Agreement, Woods agrees to prohibit such subcontractors, by written
contract, from having any conflicts as within the meaning of this section. Q
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6.5 If at any time Woods' firm represents a client in matters having to do with the Collier n
County government, be it before the Board of County Commissioners or any other agency
or division of Collier County government, Woods will contact the County Attorney's
CDOffice before undertaking such representation so that it can be determined whether a
conflict of interest exists.
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ARTICLE 7
INDEMNIFICATION
7.1 Woods acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be
paid by County, the adequacy of which is hereby acknowledged by Woods, is given as
specific consideration to Woods so that Woods shall at all times hereafter indemnify, hold
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harmless and, at County's option, defend or pay for an attorney selected by County to c
defend County, its officers, agents, servants, and employees against any and all claims,
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16.K.7.b
losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and
expenses, caused by negligent act or omission of Woods, its employees,agents, servants,
or officers, or accruing, resulting from, or related to the subject matter of this Agreement
including, without limitation, any and all claims, demands or causes of action of any
nature whatsoever resulting from injuries or damages sustained by any person or property.
The provisions of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by County, any sums due Woods under
this Agreement may be retained by County until all of County's claims for
indemnification pursuant to this Agreement have been settled or otherwise resolved; and
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any amount withheld shall not be subject to payment of interest by County. c
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ARTICLE 8
OWNERSHIP OF DOCUMENTS N
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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 event of termination of this Agreement, any reports, photographs, surveys, and
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other data and documents prepared by Woods, whether finished or unfinished, shall
become the property of County and shall be delivered by Woods to the County within
seven (7) days of termination of this Agreement by either party. Any compensation due
to Woods shall be withheld until all documents are received as provided herein.
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7.7ARTICLE 9 )
INDEPENDENT CONTRACTOR
9.1 Woods is an independent contractor under this Agreement. Services provided by Woods
shall be subject to the supervision of Woods, and such services shall not be provided by
Woods as officers, employees, or agents of the County. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any third 3
person or entity under this Agreement. E
ARTICLE 10
NONDISCRIMINATION,EQUAL OPPORTUNITY c
AND AMERICANS WITH DISABILITIES ACT E
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10.1 Woods 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 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 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, 3:
and standards. °o
10.2 Woods' decisions regarding the delivery of services under this Agreement shall be made
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without regard to or consideration of race, age, religion, color, gender, national origin,
marital status, physical or mental disability, political affiliation, or any other factor which
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cannot be lawfully or appropriately used as a basis for service delivery.
10.3 Woods shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not
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16.K.7.b
discriminate against any employee or applicant for employment because of race, age,
religion, color, gender, national origin, marital status, political affiliation, or physical or
mental disability. In addition, Woods 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 recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including apprenticeship),
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and accessibility. a
10.4 Woods shall take affirmative action to ensure that applicants are employed and employees
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are treated without regard to race, age, religion, color, gender, national origin, marital c
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status, political affiliation, or physical or mental disability during employment. Such
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actions shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of a
pay, other forms of compensation, terms and conditions of employment, training tu-
(including apprenticeship),and accessibility.
10.5 Woods 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
NOTICES
a)
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11.1 Whenever either party desires to give notice to the other, such notice must be in writing,
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sent by registered or certified United States Mail, postage prepaid, return receiptcc
requested, or by hand-delivery,addressed to the party for whom it is intended at the place E
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16.K.7.b
last specified. The place for giving notice shall remain the same as set forth herein until
C.)
changed in writing in the manner provided in this section. For the present, the parties
designate the following:
CD
FOR COLLIER COUNTY:
a
Jeffrey A. Klatzkow, County Attorney o
Government Center
3299 Tamiami Trail East, Suite 800
Naples,Florida 34112 �,
FOR WOODS:
a
Gregory N. Woods,Esq.
Woods, Weidenmiller&Machetti, P.L.
5150 North Tamiami Trail,Suite 603
Naples,FL 34103
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ARTICLE 12 ti
MISCELLANEOUS
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8.1 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 a
shall not be construed to be a modification of the terms of this Agreement.
8.1 COMPLIANCE WITH LAWS
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Woods 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. a
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16.K.7.b
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 unless County and
•
Woods 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
a)
E.3
This Agreement shall be interpreted and construed in accordance with and governed by Q
the laws of the State of Florida. Venue for litigation concerning this Agreement shall be
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in Collier County,Florida. _
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12.5 PRIOR AGREEMENTS
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This document supercedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein and the parties s
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 predicated upon any
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prior representations or agreements, whether oral or written. It is further agreed that no 0
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
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The truth and accuracy of each "Whereas"clause set forth above is acknowledged by the
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parties. The attached Exhibits"A,""B,"and"C"are incorporated into and made a part of
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this Agreement. -�
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DATE:, Februaxy 8,2011 BOARD OF COUNTY COMMISSIONERS w
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OF COLLIER COUNTY,FLORIDA
ATTEST: •:,. _
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DWIGHT E,-BROCK.,CLERK i� `- .
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ke-h-mk"---14 -jit--/. -, y
FRED W.COYLE,CHAIRMA N
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A test as too Che it s °a, 0- =Li:Kum o
ifooature oila'g county at COLLI.ii
Approved as to form and + H ERE9Y CERTIFY THAT this M k 3
le sufficienc ' .r cavy dr$ aecu+nent.'It_ i1R '
, rd 'vtlnutes and RrcEr ga-4t �i ltd a,
R 0 T --)isi TN S my nano lied ofRe011 E.D.
Jeffrey A. Klatzkoweast— + Of � � a
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County Attorney OVYIGHT E. BROCA,CLEtp(kcepors'.' c
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WOODS/WEIDENMIL ER&M1CHETTI,P.L. Q
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By:
By: �>rL.:.,,. I , i, n
Gregory . Woods .-
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STATE OF FLORIDA °'
COUNTY OF COLLIER =
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The foregoing Retention Agreement was acknowledged before me this !qday of
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At-4-eiak-ia, 2011, by Gregory N. Woods as Ma lootdc 0fr'te4 of Woods, Weidenmiller & o
Michetti, P.L. He is personally known to me or produced as 3
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identification. wc)
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Ideop_g_,,,,,„?
Signature of Notary Public o
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Name of Notary Public typed,printed or
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EXHIBIT A
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For professional services rendered, Woods' fee shall be based on the hourly rate as follows:
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Gregory N. Woods $275.00 per hour
All other Partners $275.00 per hour
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Associates $200.00 per hour
Paralegals $55.00 per hour
Woods' 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 a
the Board of County Commissioners must 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 c
Woods.)
In the event that Woods is required or requested to perform any additional or extraordinary
services not herein contemplated, Woods shall be entitled to apply for additional compensation,
the amount of which shall be subject to the approval of County and no such additional ti
compensation in excess of the amount herein stated shall be paid unless specifically authorized in
advance by County in its sole discretion. w
a)
Woods shall provide, at no cost to County, the annual response to County's auditors regarding 2
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
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potential loss, and any other information considered necessary to explain the case. Woods shall
provide said response within 30 days of receipt of the request.
NOTES:
• Divisions, or departments within such divisions, shall be responsible and pay for legal a
counsel services relating to litigation and outside counsel specifically for cases,matters oraa
issues relating to such division or department, as determined by the County Attorney in
coordination with the County Manager.
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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 Woods 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 v,
incurred in accordance with the requirements of Chapter 112, F.S. Woods shall not
charge for travel of attorneys between its offices so that it can provide the best
available and most appropriate lawyer in any of its office locations for the issues
involved.
a)
2. Woods 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.
a)
3. REQUIREMENTS
a,
The following represents Collier County's payment requirements for legal costs a
T
➢ Your federal employee identification number must be on all invoices submitted.
➢ 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.
C)
➢ Services rendered must be specifically and concisely identified.-
0
➢ Names of persons performing services, hourly rates,and dates must be listed. The
County agrees to reimburse Woods for retention and utilization of
sub-consultants.
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C)
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> Reimbursable expense must be verified by attached receipts or copies thereof. m
Claims for mileage and meals cannot exceed statutory allowance as provided for
CD
under Chapter 112, F.S. Meals and mileage cannot be charged unless the :0
professional has traveled outside the county of the principal business location.
N
➢ 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.
Car rentals required for travel should include compact or standard-size vehicles
only.
➢ 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 c
person must sign the Certification form and a description provided of the items,
which are certified.
rte.
n ➢ Faxes shall not be reimbursed
A Legal Research costs(Lexis-Nexis, Westlaw,etc.)shall not be reimbursed
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Packet Pg. 1950
16.K.7.b
EXHIBIT C s
U_
CERTIFICATE
IT IS HEREBY CERTIFIED that:
a
I• has been duly designated as special counsel to
render legal services or provider of services for or on behalf of Collier County; co
0
2. Each of the documents hereinafter identified and attached is a true and correct copy of the
original record; 3
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;
0
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 E
costs.
a)
RE: Invoice No. ,Dated
Period Covered: ,Amount N
IN-HOUSE CHARGES:
Photocopies: copies @$0.15/each $
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Mileage: miles @ /mile $
V
OTHER(Conies of invoices required):
Long Distance Calls $ 0
Other: $
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TOTAL: $ cu
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FOR THE FIRM
0
Signed:
Print Name: °'
o=
Title:
c
Date:
04-C0A-01158/2843
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16.K.7.b
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Florida
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Created hr The Florida Barbar its members.
Lawyers Professional Liability Policy
This is a Claims Made and Reported Policy.Please read it carefully.
Declarations
Policy Number: 20100072
Item I. Named Insured: Weidenmiller& Michetti, P.L.
Mailing Address: 5150 North Tamiami Trail,Suite 603
Naples, Florida 34103
a)
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Item 2. Policy Period: From 02/26,2011 to 02/26/2012 at 12:01 A.M.
a)
Standard Time at Your Address Shown Above
a)
Item 3. Limit of Liability: $3,000,000 Per Claim
$3,000,000 Total Limit
Item 4. Deductible: $10,000 Annual Aggregate
Item S. Premium: $8362
Item 6. Forms and Endorsements Attached at Policy Issuance:
FLPL-101 (R.08/01/2006) FLPL-200R(R.09/01/2008) FLPL-103 (R.08/01/2006)
iv
FLPL-I10(R.08/01,2006)
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The Policy is not valid until signed by Our authorized representative.
January 26, 2011 0
Date Issued ut ori- : live
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FLPL-100(R.08/01'2006) -. e I of 1
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407 382.1404)•800 833,i3458•fax 407 382 3130•www'l:;i Lon: iM
3504 Like 1avida Drive•.SY:e 325•0-lando.Clonda.328'.'-148= a)
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FLPJ, 103 (R.(18!01/2006) ''' of 1
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16.K.7.b
Florida
I WYERS
1M u t u a !
in urance Company,;,
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Created by The Florida liar for its members.
Lawyers Professional Liability Policy
This is a Claims Made and Reported Policy. Please read it carefully. c
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RETROACTIVE DATE SCHEDULE ENDORSEMENT
Named Insured: Weidenmiller& Michetti, P.L.
0
Policy Number: 20100072 Endorsement Number: 1 Effective Date: 02/26/2011 c
It is understood and agreed that the Retroactive Date of each lawyer is as shown below:
Name Retroactive Date ti
�^ �n
Donald S. Boyd 03/29/2010
Michael L. Michetti 05/20/2009
Casey Weidenmiller 02/26/2010
Gregory N. Woods 02/01/2011
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All other terms and conditions of the Policy remain unchanged.
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January 26, 2011 r
Date Issuedepre ative
FLPL-103 (R.O8'01/2006) '•` of 1
0 .382.14(k)•800 o33.645R• fax:407.382.3130 •www 1n:ic.com
3504 Lake Lynda Urke•Suite.325•Orlando,Honda 32817-1484 Packet Pg.1953