Agenda 09/27/2022 Item #16K3 (Approve a Retenion Agreement for specialized legal services with the law firm of Ford & Harrison, LLP)09/27/2022
EXECUTIVE SUMMARY
Recommendation to approve a Retention Agreement for specialized legal services with the
law firm of Ford & Harrison, LLP regarding matters involving collective bargaining/labor
relations and employment law matters.
OBJECTIVE: That the Board approves a Retention Agreement with Ford & Harrison, LLP for
outside legal services on an "as needed" basis for matters involving collective bargaining/labor
relations and employment law matters.
CONSIDERATIONS: The County has had a long-term contractual relationship with the law
firm Allen Norton & Blue, P.A. (“ANB”), who provided counsel on labor matters through its
former partner, Mark E. Levitt. Mr. Levitt has recently separated from ANB to accept a
partnership with the law firm of Ford & Harrison, LLP (the “Ford & Harrison”). Ford &
Harrison is a well-respected law firm that has lawyers in 28 offices across the country and
focuses its practice on all aspects of labor and employment law. Mr. Levitt and his new firm
have agreed to offer the same hourly rates he was billing the County when he was with ANB,
which are among the most reasonable rates for specialized legal services under contract with the
County.
Attached for the Board's approval is a Retention Agreement with Ford & Harrison to provide
specialized legal services on labor and employment law issues, which includes novel work that
sometimes arises during bargaining with the Collier Emergency Medical Services’ bargaining
unit. The contract does not address any specific project or assignment but rather sets forth the
criteria under which payment will be made when services are requested. Recent issues
concerning minimum wage requirements for direct care workers employed by Medicaid
Providers (such as EMS), as well as a recent petition filed by EMS Battalion Chiefs to become
classified as part of the bargaining unit require prompt specialized knowledge to maneuver
through those issues. As a result, the attached proposed Retention Agreement incorporates an
effective date of September 13, 2022, so that staff could confer on those immediate and
specialized issues. The agreement includes an initial two-year term and provides for three
additional one-year renewal terms upon the mutual consent of the parties.
Under the proposed Retention Agreement, the Firm shall be compensated for its services
according to the fee schedule attached to the Agreement as Exhibit “A,” which includes the same
rates that were stated in the most recent ANB agreement. Exhibit “B” of the Agreement
provides for reimbursement of actual out-of-pocket expenses to be paid in accordance with
Chapter 112, Florida Statutes.
FISCAL IMPACT: The approval and execution of the attached retention agreement 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. The Firm’s services,
when needed, will be primarily utilized, and paid for by Collier EMS.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approves and authorizes the Chairman to execute the
16.K.3
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09/27/2022
attached Retention Agreement with the law firm of Ford & Harrison, LLP for specialized legal
services on labor and employment law matters as recommended in the above considerations
section.
Prepared by: Scott R. Teach, Deputy County Attorney
ATTACHMENT(S)
1. Retention Agreement 092722 (PDF)
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09/27/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 23406
Item Summary: Recommendation to approve a Retention Agreement for specialized legal
services with the law firm of Ford & Harrison, LLP regarding matters involving collective
bargaining/labor relations and employment law matters.
Meeting Date: 09/27/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
09/19/2022 8:19 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/19/2022 8:19 AM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/20/2022 11:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/20/2022 11:55 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/20/2022 11:59 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/20/2022 2:15 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/21/2022 3:08 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM
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16.K.3.aPacket Pg. 1981Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1982Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1983Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1984Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1985Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1986Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1987Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1988Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1989Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1990Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1991Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1992Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1993Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1994Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &
16.K.3.aPacket Pg. 1995Attachment: Retention Agreement 092722 (23406 : Approve a Retention Agreement for specialized legal services with the law firm of Ford &