Agenda 01/22/2019 Item #16K501/22/2019
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Retention Agreement for
legal services on an “as needed” basis with the law firm of Boy Agnew Potanovic, PLLC and to
execute the letter of representation as requested by Henderson Franklin.
OBJECTIVE: To obtain approval of a Retention Agreement with Boy Agnew Potanovic, PLLC to
provide outside legal services on an "as needed" basis.
CONSIDERATIONS: Attached for the Board's review and approval is a Retention Agreement with the
law firm of Boy Agnew Potanovic, PLLC (“Boy Agnew Potanovic”). This request seeks approval of the
Retention Agreement so that the County may retain Boy Agnew Potanovic on an as-needed basis to
provide legal representation on matters where their specialized legal services may be of assistance. The
County Attorney’s Office has worked successfully with Attorney John Potanovic for many years on
various litigation matters including complex employment issues. Mr. Potanovic is leaving his current law
firm of Henderson Franklin and forming a new law firm. The County Attorney’s Office recommends that
the County continue working with Mr. Potanovic and his new firm on various litigation matters and to
specifically continue Mr. Potanovic’s representation on current matters. The County Attorney's Office
will continue its relationship with Henderson Franklin based on its current contract with Henderson
Franklin.
The attached Retention Agreement does not address any specific project or assignment but rather sets
forth the criteria under which payment will be made when services are requested. Although this firm has
a wide array of legal expertise, the County generally requests services on an as-needed basis in the area of
employment law, construction law, tort law, commercial litigation, and appellate advocacy. The rates
charged by this firm varies, as with any law firm, depending upon the attorney working on the matter and
the other resources that are necessary to provide the County with the services it requests . The proposed
agreement also provides for reimbursement of actual out-of-pocket expenses and travel and lodging in
accordance with Section 112.061, Florida Statutes. In an attempt to make the outside counsel retention
agreements more uniform, the proposed Retention Agreement is substantially identical to others recently
approved by the Board of County Commissioners.
FISCAL IMPACT: The approval of this item has no fiscal impact in and of itself, but there will be a
fiscal impact in accordance with the terms and conditions of such contracts, upon the County's request for
legal services.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached
Retention Agreement with the law firm of Boy Agnew Potanovic, PLLC for specialized legal services
requested on an as-needed basis and to execute the letter of representation as requested by Henderson
Franklin.
Prepared by: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Boy Agnew Potanovic Retention Agreement (PDF)
2. Letter of Representation dated January 4, 2019 (PDF)
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01/22/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 7735
Item Summary: Recommendation to approve and authorize the Chairman to execute a Retention
Agreement for legal services on an “as needed” basis with the law firm of Boy Agnew Potanovic, PLLC
and to execute the letter of representation as requested by Henderson Franklin.
Meeting Date: 01/22/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
01/11/2019 3:12 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/11/2019 3:12 PM
Approved By:
Review:
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 01/15/2019 11:30 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/15/2019 11:45 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/15/2019 12:01 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2019 2:10 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/16/2019 8:38 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM
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Packet Pg. 1345 Attachment: Letter of Representation dated January 4, 2019 (7735 : Retention Agreement - Boy Agnew Potanovic)