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Agenda 07/28/2009 Item #16C 6Agenda Item No. 16C6 July 28, 2009 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to exempt from formal competition and approve a Legal Services Contract with de la Parte & Gilbert, P.A., for Litigation Related to Orangetree Utilities Case No. 07 -2333, "Legal Services for Litigation Related to Orangetree Utilities vs. Collier County" for a proposed cost not to exceed $550,000, Project No. 75010, and approve necessary budget amendments. OBJECTIVE: The public purpose is to retain legal services to assist Collier County in defense of litigation brought by Orangetree Utility. CONSIDERATIONS: This project is included in the 2008 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on June 24, 2008, under Item 10(B) and is consistent with the current FY 2009 Capital Improvement budget approved by the Board on September 18, 2008. The Orangetree Utility Company and Collier County Water -Sewer District (CCWSD) are parties to an agreement dated May 28, 1991, as subsequently amended on May 14, 1996 and August 4, 1998. Both parties are subject to Collier County Ordinance No. 2004 -73 titled the Collier County Land Development Code. Under the terms of the foregoing Agreement and the amendments to the Agreement, Orangetree Utility Company has the authority to continue its operation of their water and sewer utilities until at least 2012, at which time the County shall give one year's advance notice of its formal request to provide or assume the utilities service area of the Orangetree Utility Company. The Orangetree Utility Company has filed a complaint in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County based on the Agreement's requirement that the privately owned treatment and distribution /collection system, including its customer base, be dedicated and conveyed to the County without any compensation. This case is ongoing and de ]a Parte & Gilbert, P.A has provided three scenarios pertaining to the future estimated total litigation cost: Scenario 1: Collier County (CC) obtains summary judgment in its favor: $340,000.00 Scenario 2: CC and Orangetree Utility Co. reach settlement (Pre - Trial): $355,000.00 Scenario 3: CC and Orangetree Utility go to Trial: $550,000.00 Under Section VII.G of the Board's purchasing policy, the procurement of legal services can be exempted by the Board from formal competition at the request of the County Manager or County Attorney. Staff is recommending exempting this contract from formal competition for the following reasons: 1) The recommended firm has been actively involved in this matter for more than a year. .-. Changing legal representation at this stage in the process would be disadvantageous and could potentially add to the cost of the legal services. 2) The legal firm de la Parte & Gilbert is recognized statewide as the premier Utility law expert. Agenda Item No. 16C6 July 28, 2009 Page 2 of 14 FISCAL IMPACT: A Budget Amendment is necessary to fund project No. 75010, "Litigation Related to Orangetree Utilities vs. Collier County ", Case No. 07 -2333, Fund 411 "Water Impact Fees." LEGAL CONSIDERATIONS: This matter has been reviewed by the County Attorney and is appropriate for Board action. This item is a regular item requiring a majority vote. The County Attorney concurs with the Purchasing Director that the Board has the authority to exempt this contract from formal competition. The County Attorney believes that this firm is an excellent choice for this particular task. - JAK GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District: • Approve an exemption from formal competition as provided for under Section VILG of the Purchasing Policy in order to enter into a legal services contract with de la Parte & Gilbert, P.A. for Litigation Related to Orangetree Utility Company vs. Collier County, for a proposed cost not to exceed $550,000.00. • Authorize the Chairman of the Board to sign the contract; and • Approve a Budget Amendment for $550,000 to fund project No. 75010, "Legal Services for Litigation Related to Orangetree Utilities vs. Collier County, Case No. 07- 2333." Prepared by: Bala M. Sridhar, Senior Management and Budget Analyst, Public Utilities Operations. Page 1 of 1 Agenda Item No. 16C6 July 28, 2009 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C6 Item Summary: Recommendation to exempt from formal competition and approve a Legal Services Contract with de la Parte & Gilbert, P.A., for Litigation Related to Orangetree Utilities Case No. 07- 2333, Legal Services for Litigation Related to Orangetree Utilities vs. Collier County for a proposed cost not to exceed 8550,000, Project No. 75010, and approve necessary budget amendments. Meeting Date: 7/28/2009 9:00:00 AM Prepared By Bala Sridhar Senior Management/Budget Analyst Date Public Utilities Public Utilities Operations 6/18/2009 9:40:04 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 6/18/2009 11:13 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 6/22/2009 3:16 PM Approved By Dianna Perryman Contract Specialist Date Administrative Services Purchasing 6/25/2009 12:31 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 7/7/2009 11:29 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 7/7/2009 7:43 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/8/2009 11:10 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 719/2009 9:33 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/15/2009 4:31 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 7/16/2009 10:49 AM file://C: \AgendaTest\ Export\133- July %2028, %202009\ 16. %20C0NSENT %20AGENDA\ 1... 7/22/2009 Thomas G. Wides Public Utilities Operations Director Collier County Public Utilities Division 3301 E. Tamiami Trail Building H, 3rd Floor Naples, FL 34112 Re: Agreement for Legal Services for Litigation Related to Orangetree Utilities vs. Collier County Case No. 07- 2333 -CA Dear Tom: Pursuant to our recent discussions, enclosed please find the Agreement for legal services for our representation of Collier County concerning the Orangetree Utilities v. Collier County matter (Case No. 07 -233 CA). This Agreement has been signed by Edward de la Parte. Once you have received the fully signed Agreement from the Board of County Commissioners, please have your office scan and email Ed and I a copy of the Agreement. My paralegal, Linda Foy, is obtaining the necessary certificates of insurance and will email them to you and Dianna Perryman. If you have any questions or need any further information, please do not hesitate to call. Sincerely, de la PARTE & GILBERT, P.A. Vivian Arenas- Battles /lkf Enclosure cc: Dianna Perryman (w /encl.) (via email) Edward P. de la Parte, Jr. (w /o encl.) 101 East Kennedy Blvd., Suite 2000 Tampa, Florida 33602 Mailing Address: Post Office Box 2350 !Tampa, Florida 33601-2350 T: (813) 229 -2775 E (813) 229 -2712 + wwwdp9rm.com Agenda Item No. 16C6 ■ ■ ■ July 28, 2009 pQ� �j� D/� de la Parte C.X G111JG � 1.1'L Page 4 of 14 Vivian Arenas Battles ATTORNEYS IAW Amy C. Duffey Michael R. Bray Richard A. Gilbert David M. Caldevilla ' �, i Daniel t McBreen Michele M. Cerullo J 1:4.1 Patrick J. McNamara Jeremy S. Clark May 14, 2009 Nicolas Q Porter Edward P. de la Parte, Jr. Kristin A. Yerkes Louis A. de la Parte, Jr. Founder (19292008) Thomas G. Wides Public Utilities Operations Director Collier County Public Utilities Division 3301 E. Tamiami Trail Building H, 3rd Floor Naples, FL 34112 Re: Agreement for Legal Services for Litigation Related to Orangetree Utilities vs. Collier County Case No. 07- 2333 -CA Dear Tom: Pursuant to our recent discussions, enclosed please find the Agreement for legal services for our representation of Collier County concerning the Orangetree Utilities v. Collier County matter (Case No. 07 -233 CA). This Agreement has been signed by Edward de la Parte. Once you have received the fully signed Agreement from the Board of County Commissioners, please have your office scan and email Ed and I a copy of the Agreement. My paralegal, Linda Foy, is obtaining the necessary certificates of insurance and will email them to you and Dianna Perryman. If you have any questions or need any further information, please do not hesitate to call. Sincerely, de la PARTE & GILBERT, P.A. Vivian Arenas- Battles /lkf Enclosure cc: Dianna Perryman (w /encl.) (via email) Edward P. de la Parte, Jr. (w /o encl.) 101 East Kennedy Blvd., Suite 2000 Tampa, Florida 33602 Mailing Address: Post Office Box 2350 !Tampa, Florida 33601-2350 T: (813) 229 -2775 E (813) 229 -2712 + wwwdp9rm.com Agenda Item No. 16C6 July 28, 2009 Page 5 of 14 AGREEMENT for Legal Services for Litigation Related to Orangetree Utilities vs. Collier County, Case No. 07- 2333 -CA THIS AGREEMENT, made and entered into on this day of 2009, by and between de la Parte & Gilbert, P. A., authorized to do business in the State of Florida, whose business address is 101 E. Kennedy Boulevard, Suite 3400, Post Office Box 2350, Tampa, Florida 33601 -2350, hereinafter called the "Consultant" and Collier County, a. political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Purchase Order. The contract shall be for a one (1) year period, commencing on contract execution and terminating on December 31, 2009. The County may, at its discretion and with the consent of the Consultant, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consultant shall provide professional legal services in accordance with Exhibit "A ", Scope of Services, referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Consultant for the performance of this Agreement an estimated maximum amount of five hundred and fifty thousand dollars ($550,000), pursuant to the hourly rates as set forth in Exhibit "A ", together with the Travel and Reimbursable Expenses as defined in this Agreement. The actual payment amount shall depend on the litigation budget for one of three scenarios identified in Exhibit "A ". Any modifications to the compensation shall be in writing, as approved in advance by the County. Page 1 of 10 Agenda Item No. 16C6 July 28, 2009 Page 6 of 14 3.1 The County shall pay the Consultant for the performance of this Agreement upon completion or partial completion of the work tasks pursuant to the fees as set forth in the Consultant's proposal included in this Agreement, together with the Travel and Reimbursable Expenses as defined in this Agreement. Payment will be made upon receipt of a proper invoice and upon approval by the County project manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 3.2 Consultant agrees to furnish to the County, after the end of each calendar month, a comprehensive and itemized statement of charges for the Services performed and rendered by Consultant during that time period, and for any County authorized reimbursable expenses as herein below defined, incurred and /or paid by Consultant during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by the County. All such statements shall be on Consultant's letterhead and shall indicate the Purchase Order Number 3.3 Travel and Reimbursable Expenses during the term of this Agreement shall not exceed one hundred thousand dollars ($100,000.00) unless approved in advance in writing by the County. Allowable expenses include transportation and living when traveling in connection with the litigation, except for local travel within Collier or Lee Counties, and all Contract - related mileage for trips that are from or to destinations outside of Collier or Lee Counties approved by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage Maximum rate allowable under Section 112.061, Fla. Stat. Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare. Rental car Actual rental cost limited to compact or standard -size vehicles. Lodging Actual cost of lodging at single occupancy rate. Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport I limousine Page 2 of 10 Agenda Item No. 16C6 July 28, 2009 Page 7 of 14 3.4 Reimbursable items other than travel expenses shall be limited to the following: copies, faxes, exhibits, court reporter fees, telephone long- distance charges, cell phone charges, computer research charges, fax charges, photocopying charges and postage related to the litigation. The rates are as follows: Telephone Long distance charges ® $0.15 per minute. Cellular charges Q $0.25 per minute. Telefacsimile $1.00 local $2.00 long distance Copies $0.30 (black & white) When color copies are necessary, they will be charged at the actual cost. Westlaw or other $0.06 per minute, plus $2 per line of computer assisted legal transmitted data. research Postage and delivery Postage, overnight delivery charges, messenger charges, and any other costs necessitated by representation shall be charged at the actual cost. Miscellaneous To minimize paperwork and delays, the Consultant may, in its discretion, forward the County invoices received from Vendors or subcontractors for larger expense items, for direct payment by the County. Other items may be paid on request and approved in writing by the County. Reimbursable items will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Page 3 of 10 Agenda Item No. 16C6 July 28, 2009 Page 8 of 14 Edward P. de la Parte, Jr. De la Parte & Gilbert, P.A. 101 E. Kennedy Boulevard, Suite 3400, Post Office Box 2350, Tampa, Florida 33601 -2350 Telephone: 813 -229 -2775 Fax: 813 -229 -2712 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/ GS Director Telephone: 239 -252 -8371 Facsimile: 239 - 252 -6584 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or Page 4 of 10 Agenda Item No. 16C6 July 28, 2009 Page 9 of 14 if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Consultant shall provide insurance as follows: A. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. B. Professional Liability: The Consultant shall maintain in full force and effect, during the life of this Agreement, Standard Professional Liability Issuance with limits not less than Two Million Dollars ($2,000,000.00) each occurrence with a maximum deductable of Fifty Thousand Dollars ($50,000.00). C. Special Requirements: Certificates of Insurance, satisfactory to Collier County evidencing all such coverages shall be furnished to Collier County immediately upon execution of this Agreement, with complete copies to be furnished upon Collier County's request. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to Collier County in the event of cancellation or modification of any stipulated insurance coverage. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant /Vendor /Consultant or anyone employed or utilized by the Consultant /Vendor /Consultant in the performance of this Agreement. This Page 5 of 10 Agenda Item No. 16C6 July 28. 2009 Page 10 of 14 indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Project Management and Planning Department. 14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A, Scope of Services and Hourly Rates, Insurance Certificate. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Page 6 of 10 Agenda Item No. 16C6 July 28, 2009 Page 11 of 14 19. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the County and Consultant. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNEL/PROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the requirement of the engagement. Key personnel for this project shall be Edward P. de la Parte, Jr., Vivian Arenas - Battles, Daniel J. McBreen, David M. Caldevilla. The Firm shall use from time to time the following other attorneys: Kristin A. Yerkes and Michael R. Bray. The Firm shall from time to time use paralegals: Linda Kaufmann -Foy and Susan Levine. Firm shall not change Key Personnel unless the proposed replacements have Page 7 of 10 Agenda Item No. 16C6 July 28, 2009 Page 12 of 14 substantially the same or better qualifications and/ or experience. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) AmV C. DulT"e _ 'Type/ print Witp4ss nameT Second Witness a X TType/ print witness naraeJ Approved as to form and legal sufficiency: Assistant County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LIM Page 8 of 10 Donna Fiala, Chairman de la Parte & Gilbert, P. A. Consultant �i Ae �--, ?-,'4 4- - Typed signature and title Agenda Item No. 16C6 July 28, 2009 Page 13 of 14 Exhibit "A" Scope of Work Legal Services for Litigation Related to Orangetree Utilities vs. Collier County, Case No. 07- 2333 -CA Following is an estimated budget for the Collier County v. Orange Tree Utility Co. case presently in litigation. Since the litigation related to this case is currently ongoing and discovery has commenced, there are separate budgets for 3 possible scenarios: (1) the County obtains a summary judgment in its favor following depositions; (2) a settlement is reached between the parties prior to trial; (3) the County is unable to obtain summary judgment or settle the matter and the case goes to trial. Scenario 1- Collier Obtains Summary Judgment In Its Favor Under this scenario, the total estimated budget would be: Description Amount Total Legal Fees $290,000.00 Travel and Reimbursable Items $50,000.00 TOTAL LIGITATION COSTS $340,000.00 Scenario 2- Collier County and Orange Tree Utility Co. Reach Settlement (Pre- Trial) Under this scenario, the total estimated budget would be: Description Amount Total Legal Fees $300,000.00 Travel and Reimbursable Items $55,000.00 TOTAL LITIGATION COSTS $355,000.00 Scenario 3 -Trial Under this scenario, the total estimated budget assumes a 2 -3 day trial: Description Amount Total Legal Fees $450,000.00 Travel and Reimbursable Items $100,000.00 TOTAL LITIGATION COSTS $550,000.00 Note: The total estimated budget of $550,000 (Scenario 3) if the case proceeds to trial includes approximately $192,952 in fees and costs to date. Page 9 of 10 Fee Schedule Agenda Item No. 16C6 July 28, 2009 Page 14 of 14 Professional Category Hourly Fee Edward de la Parte, Jr. $225.00 Other Shareholders $190.00 Associate Attorneys $150.00 Law Clerks $100.00 Paralegals $ 90.00 Page 10 of 10