Agenda 12/10/2013 Item #16K3 12/10/2013 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Agreement for Legal Services for the
Retention Agreement with Hopping Green & Sams by amending Exhibit"A."
OBJECTIVE: That the Board of County Commissioners (Board) approves and authorizes its
Chairwoman to sign an Amendment to Agreement for Legal Services relating to the Retention
Agreement with the law firm of Hopping Green & Sams ("Counsel"). The amendment is to add
a not to exceed amount for partners and associates not listed on the rate schedule attached as
Exhibit "A."
CONSIDERATIONS: On September 13, 2011, the County and Counsel entered into an
Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide
professional specialized legal services. Exhibit "A"to the Agreement listed certain members of
the firm to provide services. The Exhibit needs to be amended to include a not to exceed
amount for partners and associates not listed.
FISCAL IMPACT: There is no change in the fiscal impact portion of the Agreements.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Amendment was approved as to form and
• legality by the County Attorney Office, and requires a majority vote for approval. --SRT
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairwoman to sign an Amendment to Agreement for Legal Services relating to the Retention
Agreement with the law firm of Hopping Green & Sams by amending Exhibit "A" to add a not
to exceed amount for partners and associates not listed.
PREPARED M : Scott R. Teach. Denuty County Attorney
04-Cu -01158/300_
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12/10/2013 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve an Amendment to Agreement for Legal
Services for the Retention Agreement with Hopping Green &Sams by amending Exhibit "A."
Meeting Date: 12/10/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
11/18/2013 2:36:36 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 11/19/2013 1:10:57 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/19/2013 2:08:49 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst.Office of Management&E
Date: 11/19/2013 2:38:5 3 PM
Name: OchsLeo
Title: County Manager
Date: 11/25/2013 1:10:48 PM
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12/10/2013 16.K.3.
AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
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 refereed to as the "County") and Hopping,
Green&Sams,(hereinafter referred to as"Counsel").
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
specialized legal services;and
WHEREAS,Exhibit"A"to the agreement outlines the fees to be charged for professional
services to be rendered;and
WHEREAS, the parties wish to amend the Agreement to add other partners and
associates to Exhibit"A."
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree to amend Exhibit"A"to the Agreement as follows:
EXHIBIT A
For professional services rendered, Hopping,Green&Sams' fee shall be based on the
following hourly rate:
Attorn ve 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 2%
Miguel Collazo 265
David W. Childs 265
A.Tucker Mackie 230
Amelia A.Savage 230
Timothy M. Riley 230
Mohammad 0.Jazil 220
All other Partners not to exceed 335
All other Associates not to exceed 230
Paralegals 145
Clerks 125
Legal Assistants 115
€75)1
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12/10/2013 16.K.3.
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 work being performed. (Where appropriate a "not to
exceed" sum shall be agreed to when each assignment is made to Hopping, Green •
Sams.)
In the event that Hopping, Green & Sams is required or requested to perform any
additional or extraordinary services not herein contemplated, Hopping, Green it 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
County in its sole discretion.
Hopping, Green It 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 It 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
Attorney in coordination with the County Manager.
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 . 2013,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 Georgia A.Hiller,Esq.,Chairwoman
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Approved as to form and legality:
C.:CC-- I,
/
Scott R.Teac
Deputy County Attorney
HOPPING
DATE:
By:
Its: 1/4 .s11-1
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Retention Agreement was acknowledged before me this 1$111 day of
_______• 2013, by DAVID W. CHILDS as VICE-PRESIDENT of Hopping, Green &
Sams, on behalf of !■ • ■ He/she is personally known to me or
produced ' -.r tific ation.
411111144116..... 111110
1_4 :a o . " Public
MANIA SMITH
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Name ofN. .. ' En.17 UAW 171
My Commission Expires:
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