Agenda 01/28/2014 Item #16K21/28/2014 16.K.2.
n EXECUTIVE SUMMARY
Recommendation to approve Amendment to Agreement for Legal Services relating to
Retention Agreement Hahn Loeser & Parks, LLP. extending the expiration date to
February 9, 2016. There is no new fiscal impact associated with this Amendment.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes its
Chairman to sign, Amendment to Agreement for Legal Services relating to the Retention
Agreement with the law firm of Hahn Loeser & Parks, LLP extending the expiration date to
February 9, 2016.
CONSIDERATIONS: On February 9, 2010, the County and Counsel entered into an
Agreement (the "Agreement ") wherein the County agreed to retain Counsel to provide
professional specialized legal services. The professional services to be rendered as specified in
Article 3 of the Agreement was for a two (2) year term with two (2) additional renewal terms of
one year per each term. The rates for Hahn Loeser & Parks, LLP will remain the same.
FISCAL EWPACT: There is no change in the fiscal impact portion of the Agreements.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Amendment was reviewed for form and legality
by the County Attorney Office, and requires a majority vote for approval.
RECOMMENDATION: That the Board of County Commissioners (Board) approves, and
authorizes its Chairman to sign, Amendment to Agreement for Legal Services relating to the
Retention Agreement with the law firm of Hahn Loeser & Parks, LLP extending the expiration
date to February 9, 2016.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
04-COA -01158/3006
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve Amendment to Agreement for Legal
Services relating to Retention Agreement Hahn Loeser & Parks, LLP. extending the expiration
date to February 9, 2016. There is no new fiscal impact associated with this Amendment.
Meeting Date: 1/28/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/8/2014 11:38:21 AM
Approved By
n Name: KlatzkowJeff
Title: County Attorney
Date: 1/8/2014 2:41:25 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/13/2014 2:06:28 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 1/21/2014 12:09:06 PM
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AMENDMENT TO AGREEMENT FOR LEGAL SER'V'ICES
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 Hahn Loeser & Parks. LLP. (hereinafter referred to as "Counsel'').
WITNESSETH
WHEREAS. on February 9. 2010.. the County and Counsel entered into an Agreement
(the "Agreement "l wherein the County agreed to retain Counsel to provide professional
specialized legal services; and
WHEREAS. the professional services to be rendered as specified in Article 3 of the
Agreement is for a two (2) year term with two (2) additional renewal terms of one year per each
term; and
WHEREAS, the term of the Agreement. will expire on February 9, 2014, and
WHEREAS. the parties wish to amend the Agreement to extend the term of service at the
existing rates for providing these specialized legal services for an additional two (2) years
commencing on February 9, 2014.
NOW. THEREFORE, in consideration of the mutual promises and covenants contained
herein. the parties hereto agree to amend the Agreement as follows:
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall be for a period of two years to begin
February 9. 2-04-0 2014 and to end on February 9. -204-2 2016. unless
terminated earlier in accordance with the provisions of this Agreement.
Absent notice of intent to terminate. the Agreement ma- be renewed upon
mutual consent of the parties for two (2) additional terms of one (I ) year
each. (In the event the term of this Agreement extends beyond a single fiscal
year of the 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.
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IN WITNESS WHEREOF. the parties have executed this Amendment to the Agreement
on this day of 2014. with the intention to attach this Amendment to the
original Agreement.
ATTEST:
DWIGHT E. BROCK_ Clerk
ME
Deputy Clerk
Approvod 4,, I rm and legality:
Jeffrey
County
First Witness
Type /print witness name
Second Witness
I ypelprint witness name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
Comm. Tom Henning
Chairman
2
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RETENTION AGREEMENT WITH
HAHN LOESER & PARKS, LLP
This Retention Agreement is made by and between the Board of County Commissioners
of Collier County, Florida (the "County "), and the law firm of Hahn Loeser &Parks, LLP. of
Fort Myers, Florida ( "Hahn Loeser ").
Whereas, Hahn Loeser has special expertise and resources in a wide range of legal
matters, with particular expertise in complex litigation (including complex land use matters) and
appellate matters; and
Whereas, the County from time to time has a requirement and need for legal services
which are particularly within the expertise of Hahn Loeser;
Now, therefore, in consideration of the premises contained herein, the County hereby
hires and retains Hahn Loeser and Hahn Loeser hereby agrees to provide legal services to
County.
ARTICLE 1
COMPENSATION; METHOD OF PAYMENT
1.1 Compensation shall be paid to Hahn Loeser 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.
1.2 The rates set forth in Exhibit A shall remain in effect without change for a minimum of
one (1) year from February 9, 2010. In each year thereafter, upon the request of Hahn
Loeser, the County Attorney is authorized to negotiate to increase the hourly rate up to a
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maximum of ten (10) per cent without approval by the Board of County Commissioners.
In the negotiation process, Hahn Loeser must substantiate the reason the request is being
made (i.e. market conditions, increase in CPI, etc.). The parties recognize that Hahn
Loeser is currently providing services to Collier County beneath its standard hourly rate,
as a professional courtesy to Collier County and in light of the longstanding relationship
between Collier County and Hahn Loeser. The parties agree that the continuation of a
discounted hourly rate is not guaranteed beyond the initial annual term of this agreement.
1.3 Multiple Attorney Assignments.
The County acknowledges that, from time to time, it may be advisable for Hahn Loeser to
assign more than one attorney to a project or case. Nevertheless, in order to ensure that
such multiple attorney assignments are efficient and cost- effective for the County, Hahn
Loeser agrees to the following procedures and billing limitations for multiple attorney
assignments.
1.3.1 A primary attorney will be identified for projects or cases. 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 , except in instances
of emergency or where in the responsible professional judgment of Hahn
Loeser the requirements of the project or case warrant a multiple attorney
presence at such proceedings.
1.3:1 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)
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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 Hahn Loeser agrees that internal or in -house conferences among multiple
attorneys assigned to a project or case shall be kept to the absolute minimum
necessary for the professionally responsible provision of the legal services in
question.
1.4 From time to time, it may be necessary for Hahn Loeser to have experts, consultants or to
associate with other law firms or attorneys to responsibly and professionally represent the
County on projects and cases. The requirements for such hirings or associations are set
forth on Exhibit A to this Agreement.
1.5 Hahn Loeser 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
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.
1.6 To be deemed proper, all invoices must comply with the requirements set forth in this
Agreement and must be submitted on the form and pursuant to the instruction Prescribed
by County. Payment may be withheld for failure of Hahn Loeser to comply with a term,
condition, or requirement of this Agreement.
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1.7 Payment shall be made within thirty (30) days of rendition of a proper invoice to Hahn
Loeser at:
Hahn Loeser & Parks, LLP
2532 Fast First Street
Fort Myers, Florida 33901 -2431
Attention: Theodore L. Tripp, Jr.
ARTICLE 2
INStTRANCE
2.1 Hahn Loeser 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 and form
not less than as reflected on Exhibit C hereto, and remain at that level unless this
Agreement is amended or until this Agreement expires. Hahn Loeser shall also supply a
coverage declaration/policy renewal sheet to the Office of the County Attorney for each
policy year that this Agreement remains in effect. Such insurance shall also 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.
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
process may be made in Collier County, Florida
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2.3 Hahn Loeser 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.
ARTICLE 3
TERM AND 'TIME OF PERFORMANCE
3.1 The term of this Agreement shall be for a period of two years to begin February 9, 2010
and to end on February 9, 2012, 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 two (2) additional terms of one (1) year
each. (in the event the term of this Agreement extends beyond a single fiscal year of the
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.)
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.
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ARTICLE 4
TERMINATION
4.1 This Agreement may be terminated by either party for cause upon ten (10) days' notice or
by the County 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 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, Hahn Loeser shall be paid for
any services performed to the date the Agreement is terminated; however, upon being
notified of County's election to terminate, Hahn Loeser shall refisin from performing
further services or incurring additional expenses under the term of this Agreement except
as may be necessary to protect the interests of the County in accordance with the Rules
Regulating The Florida Bar. Haim Loeser acknowledges and agrees that Ten Dollars
($10) of the compensation to be paid by County, the adequacy of which is hereby
acknowledged by Hahn Loeser, is given as specific consideration to Hahn Loeser for
County's right to terminate this Agreement for convenience. Hahn Loeser's 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. Such transfer of responsibilities and files
shall also be in accordance with all requirements of the Rules Regulating The Florida Bar.
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ARTICLE 5
RECORD AUDIT AND INSPECTION
5.1 County shall have the right to audit the books and records of Hahn Loeser pertinent to the
funding under this Agreement. Hahn Loeser shall return documents to the Office of the
County Attorney upon termination of any matter for winch Hahn Loeser has provided
representation to the County. With regard to those materials which remain in the
possession of Hahn Loeser, Hahn Loeser shall preserve and make available, at reasonable
times for examination and audit by County, all financial records, supporting documents,
I
and other documents pertinent to this Agreement for a period of three (3) years after
termination of this Agreement or, if any audit has been initiated and audit findings have
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 Hahn Loeser's records, Hahn Loeser shall comply with all requirements
thereof, however, no confidentiality or non - disclosure requirement of either federal or
state law shall be violated by Hahn Loeser.
ARTICLE 6
CONFLICT OI':INTEREST
6.1 Hahn Loeser states that it is familiar with and will comply with the terms and conditions
of Chapter 112, Part III, Florida Statutes (Code of Ethics).
6.2 it is very important that Hahn Loeser be independent and impartial in order to properly
provide services under this Agreement. Thus, Hahn Loeser agrees that it will comply at
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all times with all of the Rules Regulating The Florida Bar, including without limitation
Rules 4-1.6, 4-1.7, and 4 -1.8 concerning confidentiality and the scrupulous avoidance of
conflicts of interest.
ARTICLE 7
INDEMNIFICATION
7.1 Hahn Loeser acknowledges and agrees that Ten Dollars ($10.00) of the compensation to
be paid by County, the adequacy of which is hereby acknowledged by Hahn Loeser, is
given as specific consideration to Hahn Loeser so that Hahn Loeser shall at all times
hereafter indemnify, hold harmless and, at County's option, defend or pay for an attorney
selected by County to defend County, its officers, agents, servants, and employees against
any and all claims, losses, liabilities, and expenditures of any kind, including attorney
fees, court costs, and expenses, caused by negligent act or omission of Hahn Loeser, 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 tn:
expiration or earlier termination of this Agreement. To the extent considered necessary
by County, any sums due Hahn Loeser under this Agreement may be retained by Count-
until all of 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.
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ARTICLE 8
OWNERSHIP OF DOCUMENTS
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
other data and documents prepared by Hahn Loeser, whether finished or unfinished, shall
become the property of County and shall be delivered by Hahn Loeser to the County
within seven (7) days of termination of this Agreement by either party. Any
compensation due to Hahn Loeser shall be withheld until all documents are received as
provided herein.
ARTICLE 9
INDEPENDENT CONTRACTOR
9.1 Hahn Loeser is an independent contractor under this Agreement. Services provided by
Hahn Loeser shall be subject to the supervision of Hahn Loeser, and such services shall
not be provided by Hahn Loeser 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 person or entity under this Agreement.
ARTICLE 10
NONDISCRIMINATION, EQUAL OPPORTUNITY
AND AMERICANS WITH DISABILITIES ACT
10.1 Hahn Loeser 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
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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,
and standards.
10.2 Hahn Loesers' decisions regarding the delivery of services under this 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
affiliation, or any other factor which cannot be lawfully or appropriately used as a basis
for service delivery.
10.3 Hahn Loeser 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 or mental disability. In addition, Hahn Loeser 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), and accessibility.
10.4 Hahn Loeser shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual
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orientation, national origin, marital status, political affiliation, or physical or mental
disability 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, training (including apprenticeship), and accessibility.
10.5 Hahn Loeser 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.
ARTICLE 11
NO_
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 notice shall remain the some as set forth herein until
changed in writing in the manner provided in this section. For the present, the parties
designate the following:
FOR COLLIER COUNTY:
Jeffrey A. Klatzkow, County Attorney
Collier County Government Center
3301 Tamiami Trail East
Naples, Florida 34112
FOR HAHN LOESER-.
Theodore L. Tripp, Jr., Esq.
Hahn Loeser& Parks, LLP
2532 East First Street
Fort Myers, Florida 33901 -2431
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ARTICLE 12
NUSCELLANEOUS
12.1 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.
12.2 COMPLIANCE WITH LAWS
Hahn Loeser shall comply with all federal, state, and local laws, codes, ordinances, rules,
and regulations as well as all Rules Regulating The Florida Bar 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 unless County and
Hahn Loeser 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 finui.
1.2.4 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.
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12.5 PRIOR AGREEMENTS
This document supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters 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 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" 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.
DATE: c9- f 01 -ac40
ATTEST:
Dwight E. Brock CLZRK
By:'
DEPU"Rk
Att!!t. 4 4_ -'EM- 1raw t
1319u"M %
to fdrm &
3eff*A. Kla!ftkow, County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
V_
By:_
�'t- . '4-
, CHAMMAN
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HA
ltrma
It
STATE OF FLORIDA
COUNTY OF COLLIER
1/28/2014 16: K.2. ■
The foregoing Retention Agreement was acknowledged before me this o2.0*day of
2010, by 'r: L, T12.r *A, VA. as —A.—oTMed of Hahn Loeser &. Parks,
LLP, on behalf of the partnership. He /she is pers2RD known tome or produced
l/ lam_ as identification.
Signatui6 of Notary Pu Iic
NOTARY PUBLIC -STATE OF FLORIDA
` Marian R. Cow 1(4.q g Avu 1E. LfV L �l
Commission #DD691754 Name of Notary Public typed, printed or
',=V ; EVir s: AUG.19, 2011
300' n My Commission Expires:
hcxv nrtc aovnjXo co, Wc ( `
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EXHIBIT A
For professional services rendered, Hahn Loesers' fee shall be based on the hourly rate as
follows;
Theodore L. Tripp, Jr.
$363.00 per hour
Other partners
$363.00 per hour
Other associates
$220.00 per hour
Paralegals and law clerks
$ 55.00 per hour
Hahn Loeser' fee shall not exceed $100, 000.00 per Purchase Order /Case without the approval of
the Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be agreed
to when each assignment is made to Hahn Loeser.)
In the event that Hahn Loeser is required or requested to perform any additional or extraordinary
services not herein contemplated, Hahn Loeser 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 in writing by County in its sole discretion.
Hahn Loeser shall provide the annual response to County's auditors regarding pending or
threatened litigation and may bill time expended thereon accordingly. 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. Hahn Loeser shall provide said response within 30 days of receipt of the
request.
If Hahn Loeser should find it necessary to associate with any other law firm or attorneys in order
to responsibly and professionally provide services on a given project or case, written pre-
approval from the Office of the County Attorney shall be required. In any such instance, the rates
for the associating firm or .attorneys shall not exceed those of comparable attorneys and staff of
Hahn Loeser. All billings of the associating firm or attorneys, including all backup and detail,
e.g., hours and nature of work performed as invoiced, shall be included in the Hahn Loeser
billings.
Whenever Hahn Loeser believes in its professional judgment that a consultant or expert must be
retained for purposes of a project or case, Hahn Loeser shall retain such consultant or expert
directly following receipt of written approval from the Office of the County Attorney. Fees and
costs of such consultants or experts shall be billed to the County through Hahn Loeser billings
with appropriate backup documentation, e.g., hours and hourly rates as invoiced.
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If, for purposes of any services to be provided under this Agreement, Hahn Loeser finds it to be
prudent or necessary to employ extraordinary technology services or products to be supplied by a
third party, the cost of such services or technology will be paid by the County upon the County's
prior approval. Such approved services/products shall be invoiced through Hahn Loeser's
billings.
NOTES:
• 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 Attorney in
coordination with the County Manager.
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EXHIBIT B
In addition to the charges for professional fees set forth in Exhibit A, and the
Schedules attached hereto, County shall reimburse Hahn Loeser 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. Halm
Loeser 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.
2. Hahn Loeser shall submit invoices on a monthly basis for the payment of out -of-
pocket expenses. Each invoice shall include 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.
REtQtTIRE — S
The following represents Collier County's payment requirements for legal costs
➢ 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.
➢ Services rendered must be specifically and concisely identified, as well as the
bond issue or financing transaction for which the services were rendered.
➢ Names of persons performing services, hourly rates, and dates must be listed. The
County agrees to reimburse Hahn Loeser for retention and utilization of
sub - consultants.
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Y Reimbursable expense must be verified by attached receipts or copies thereof.
Y Claims for mileage and meals cannot exceed statutory allowance as provided for
under Chapter 112, F.S. Meals and mileage cannot be charged unless the
professional has traveled outside the county of the principal business location.
Y Claims for lodging at single rate (actual cost) must be substantiated by paid bill or
charge, with a cap of no more than $150.00 per night.
Y Car rentals required for travel should include compact or standard -size vehicles
only.
Y Common carrier travel shall be reimbursable at tourist or coach class fares only.
Y Accounting Division requires original receipts, or copies of receipts which have
been individually certified to be true copies of the originals. In addition the
Certificate contained in Exhibit D must accompany each invoice. The certifying
person must sign the Certification form and a description provided of the items,
which are certified.
Y Faxes shall not be reimbursed
Y Legal Research costs (Lex s- Nexis, Westlaw, etc.) shall not be reimbursed.
Page 18 of 20
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EXHIBIT C
1/28/2014 16.K.2.9
AUi _ _ __ _
A? "911ti'ili_$IfIPFAS {pp�$EE SBCf.EII tit.; '
A 14614El NTT 1AW
Hahn Loeser + Parks LLP
200 Public Square
Suite 2800
Cleveland, Oil 44114 -2301
To Whom It May Concern:
January 05, 2010
CONFIRMATION OF INSURANCE
We hereby confirm that Hahn Loeser + Parks LLP has Professional Liability Coverage under Policy
ALA#1021 with an annual limit of S20,000,000 per claim and $40,000,000 in the aggregate with the right,
understated conditions, to purchase extended reporting rights upon termination of such Policy by ALAS.
The self - insured retention under such Policy is'$500,000 -each claim up to an aggregate of 51,000,000 and
$100,000 each claim thereafter.
The Policy effective date is from January 1, 2010 to January 1, 2011.
Such Policy is subject to the terms, conditions, limitations and exclusions stated therein.
ATTORNEYS' LIABILITY ASSURANCE SOCIETY, INC-
A RISK RETENTION GROUP
By: � /)� Date. January 05. 2010
Nancy J. Montroy
Vice President - Director of Underwriting
III 54601 Waci Crive,491M 57U
Mcaga., IL 8006.81OU
il�t��ie'h$B�Q- f«Iy,�'�7�D904 'x'iL#:C4R�
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EXHIBIT D
CERTIFICATE
IT IS HEREBY CERTTFIED that:
1/28/2014 16. K.2.
1. has been duly designated as special counsel to
render legal services or provider of services for or on behalf of Collier County;
2. Each of the documents hereinafter identified and attached is a true and correct copy of the
original record;
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.
RE: Invoice No.
Period Covered:
IN -HOUSE CHARGES:
Photocopies:
Mileage:
OTHER (Copies of invoices revuired):
Long Distance Calls
Other:
TOTAL:
04 -COA -01 158!2850
Dated
Amount
copies @ $0.15 /each
miles a7 /mile
• '
ON Z-1610"
Signed: _
Print Name:
Title:
Date:
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