Agenda 01/09/2024 Item #16K 4 (1st Amentment to Agreement for Legal Services wxtending the expiration date to January 9, 2026)01/09/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute the First Amendment to Agreement for
Legal Services relating to the County’s Retention Agreement with Boy Agnew Potanovic Miller, PLLC,
extending the expiration date to January 9, 2026 with three one-year renewals and increasing the law firm’s
hourly rates. There is no new fiscal impact associated with this Amendment.
OBJECTIVE: To approve the First Amendment to Retention Agreement with Boy Agnew Potanovic Miller,
PLLC.
CONSIDERATIONS: On January 22, 2019, the County and Counsel entered into a Retention Agreement (the
“Agreement”) wherein the County agreed to retain Boy Agnew Potanovic Miller, PLLC (“Counsel”) to provide
professional specialized legal services. The professional services provided covered a two-year term, with three
additional one-year renewal terms, as specified in Article 3 of the Agreement.
The proposed attached First Amendment will extend the Agreement through January 9, 2026, under the same
renewal terms and general conditions set forth in the Agreement. Pursuant to the terms of the Agreement, the law
firm has requested an increase to its hourly rates for the first time since 2019. The law firm’s justification for the
increase includes: (i) the length of time the current rate has been in place without any increase which predates the
2019 Agreement; (ii) standard hourly rates for its partners; (iii) consistency with other public agencies and non-
profits represented by the law firm, including the Collier County Clerk of Court; and (iv) the general market
conditions. The increases are set forth in Exhibit A-1 as follows: Principals/Partners $275 to $315; Associates $190
to $225; and Law Clerks & Paralegals $90 to $125.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The attached proposed First Amendment is approved as to form and legality and
requires a majority vote for approval. - CMG
RECOMMENDATION: That the Board approves and authorizes the Chairman to execute the First Amendment
to the Retention Agreement with the law firm of Boy Agnew Potanovic Miller, PLLC extending the expiration date
to January 9, 2026 with three one-year renewals and increasing the law firm’s hourly rates.
PREPARED BY: Colleen M. Greene, Managing Assistant County Attorney
ATTACHMENT(S)
1. 19-036-NS 1st Amendment Retainer Potanovic Agreement - cmg (PDF)
2. 19-036-NS BoyAgnew Potanovic Agreement - rv (PDF)
3. 19-036-NSBoyAgnew_1of3_1YrRenewal (PDF)
4. 19-036-NSBoyAgnew_2of3_1YrRenewal (PDF)
5. 19-036-NSBoyAgnew_3of3_1YrRenewal_20231121184437.314_X (PDF)
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01/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 26990
Item Summary: Recommendation to approve and authorize the Chairman to execute the First Amendment to
Agreement for Legal Services relating to the County’s Retention Agreement with Boy Agnew Potanovic Miller,
PLLC, extending the expiration date to January 9, 2026 with three one-year renewals and increasing the law firm’s
hourly rates. There is no new fiscal impact associated with this Amendment.
Meeting Date: 01/09/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
10/16/2023 12:10 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/16/2023 12:10 PM
Approved By:
Review:
County Attorney's Office Colleen Greene Level 2 County Attorney's Office Completed 12/29/2023 11:18 AM
Office of Management and Budget Laura Zautcke Level 3 OMB Gatekeeper Review Completed 12/29/2023 12:06 PM
Office of Management and Budget Agnieszka Chudy Additional Reviewer Completed 12/29/2023 12:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/29/2023 4:48 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/03/2024 11:45 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM
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This Retention Agreement is made by and between the Board of County Commissioners
of Collier County, Florida (the "County"), and the law firm of Boy Agnew Potanovic, PLLC of
Lee County, Florida ("Boy Agnew Potanovic").
Whereas, Boy Agnew Potanovic has special expertise and resources in a wide range of
legal matters, with particular expertise in employment law, construction law, tort law, commercial
litigation, and appellate advocacy; and
Whereas, the County from time to time has a requirement and need for legal services
which are particularly within the expertise of Boy Agnew Potanovic;
Now, therefore, in consideration of the premises contained herein, the County hereby
hires and retains Boy Agnew Potanovic, and Boy Agnew Potanovic hereby agrees to provide
legal services to County.
1.1 Compensation shall be paid to Boy Agnew Potanovic in accordance with the tenns 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. The Certificate contained in Exhibit "C" must be
included with every invoice submitted for payment.
1.2 The rates set forth in Exhibit "A" shall remain in effect without change for a minimum of
two (2) years from the effective date of this Agreement. In the subsequent years of the
Agreement, upon the request of Boy Agnew Potanovic. the County Attorney is authorized
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to negotiate to increase the hourly rate up to a maximum of ten (10) percent without
approval by the Board of County Commissioners. In the negotiation process, Boy Agnew
Potanovic must substantiate the reason the request is being made (i.e. market conditions,
increase in CPI, etc.).
1.3 Multiple Attorney Assignments.
The County acknowledges that, from time to time, it may be advisable for Boy Agnew
Potanovic 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, Boy Agnew Potanovic agrees to the following procedures and billing limitations
for multiple attorney assignments.
1.3.1 A primary attorney will be identified for such projects or cases and that
attorney will be the contact attorney for the County except in the case of an
emergency or the County's written pre-approval. 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.
1.3.2 Attorneys assigned to a project or case other than the primary attorney will be
less senior attorneys with lower billing rates unless the additional attomey(s)
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 Boy Agnew Potanovic agrees that internal or in-house conferences among
multiple attorneys assigned to a project or case shall be kept to the minimum
reasonably necessary for the provision of the legal services in question. To the
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extent internal or in-house conferences among multiple attorneys assigned to a
project or case are necessary, each such attorney may bill his or her customary
rate for up to thirty (30) minutes for any such conference. To the extent such a
conference exceeds thirty (30) minutes in length, Boy Agnew Potanovic agrees
that it will discount the total billings for all attorneys involved in the
conference by forty-five ( 45) percent.
1.4 Boy Agnew Potanovic 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.
1.5 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 Boy Agnew Potanovic to comply
with a term, condition, or requirement of this Agreement.
1.6 Payment shall be made to Boy Agnew Potanovic at:
Boy Agnew Potanovic, PLLC
4415 Metro Parkway, Suite 110
Ft. Myers, FL 33916
(239) 841-9230
ARTICLE2
INSURANCE
2.1 In order to insure the indemnification obligation contained above, Boy Agnew Potanovic
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 not less than Three Million
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Dollars ($3,000,000.00) Per Occurrence, Combined Single Limits. If any liability
insurance obtained by Boy Agnew Potanovic to comply with the insurance requirements
contained herein is issued on a "claims made" form as opposed to an "occurrence" form,
the retroactive date for coverage shall be no later than the commencement date of the
assigned work to which this Agreement applies, and such insurance shall 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.
2.3 Boy Agnew Potanovic 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.
ARTICLE3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall be for a period of two (2) years to begin January 22,
2019 and to end on January 22, 2021, 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 three (3) additional terms of one (1)
year each. (In the event the term of this Agreement extends beyond a single fiscal year of
County, the continuation of this Agreement beyond the end of any fiscal year shall be
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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.
ARTICLE4
TERMINATION
4 .1 This Agreement may be tenninated by either party for cause upon ten ( 10) days' notice or
by either party 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, Boy Agnew Potanovic shall be
paid for any services perfonned to the date the Agreement is terminated; however, upon
notice by either party to tenninate, Boy Agnew Potanovic shall refrain from performing
further services or incurring additional expenses under the term of this Agreement. Boy
Agnew Potanovic acknowledges and agrees that Ten Dollars ($10) of the compensation
to be paid by County, the adequacy of which is hereby acknowledged by Boy Agnew
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Potanovic is given as specific consideration to Boy Agnew Potanovic for County's right
to tenninate this Agreement for convenience . Boy Agnew Potanovic 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:
ARTICLES
RECORD AUDIT AND INSPECTION
5.1 County shall have the right to audit the books and records of Boy Agnew Potanovic
pertinent to the funding under this Agreement. Boy Agnew Potanovic shall preserve and
make available, at reasonable times for examination and audit by County, all financial
records, supporting documents, 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 Boy Agnew Potanovic records, Boy Agnew Potanovic shall comply with all
requirements thereof, however, no confidentiality or non-disclosure requirement of either
federal or state law shall be violated by Boy Agnew Potanovic.
ARTICLE6
CONFLICT OF INTEREST
6.1 Boy Agnew Potanovic 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 important that Boy Agnew Potanovic be independent and impartial in order to
properly conduct its services to the County. Boy Agnew Potanovic shall not act as
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counsel in any lawsuit or other adversary proceeding in which County is named as an
adversary party or in which Boy Agnew Potanovic takes an adverse position to the
County.
6.3 Neither Boy Agnew Potanovic nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with Boy Agnew Potanovic loyal and conscientious exercise
of judgment related to its performance under this Agreement.
6.4 In the event Boy Agnew Potanovic is permitted to utilize subcontractors, herein, to
perform any services required by this Agreement, Boy Agnew Potanovic agrees to
prohibit such subcontractors, by written contract, from having any conflicts as within the
meaning of this section.
6.5 If at any time Boy Agnew Potanovic finn represents a client in matters having to do with
the Collier County government, be it before the Board of County Commissioners or any
other agency or division of Collier County government, Boy Agnew Potanovic will
contact the County Attorney's Office before undertaking such representation so that it can
be determined whether a conflict of interest exists.
ARTICLE7
INDEMNIFICATION
7 .1 Boy Agnew Potanovic acknowledges and agrees that Ten Dollars ($10.00) of the
compensation to be paid by County, the adequacy of which is hereby acknowledged by
Boy Agnew Potanovic is given as specific consideration to Boy Agnew Potanovic so that
Boy Agnew Potanovic 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
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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 Boy Agnew Potanovic, 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 the expiration or earlier termination of this
Agreement. To the extent considered necessary by County, any sums due Boy Agnew
Potanovic under this Agreement may be retained by County 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.
ARTICLES
OWNERSHIP OF DOCUMENTS
8. l 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 Boy Agnew Potanovic, whether finished or
unfinished, shall become the property of County and shall be delivered by Boy Agnew
Potanovic to the County within seven (7) days of termination of this Agreement by either
party. Any compensation due to Boy Agnew Potanovic shall be withheld until all
documents are received as provided herein.
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ARTICLE9
INDEPENDENT CONTRACTOR
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9.1 Boy Agnew Potanovic is an independent contractor under this Agreement. Services
provided by Boy Agnew Potanovic shall be subject to the supervision of Boy Agnew
Potanovic, and such services shall not be provided by Boy Agnew Potanovic 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 Boy Agnew Potanovic 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 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 Boy Agnew Potanovic 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.
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10.3 Boy Agnew Potanovic 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, national origin, marital status, political affiliation, or physical or
mental disability. In addition, Boy Agnew Potanovic shall take affinnative 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, tennination, rates of pay, other fonns of
compensation, terms and conditions of employment, training (including apprenticeship),
and accessibility .
10.4 Boy Agnew Potanovic shall take affirmative action to ensure that applicants are employed
and employees are treated without regard to race, age, religion, color, gender, 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 Boy Agnew Potanovic 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
NOTICES
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
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8.1
8.1
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requested, or by hand-delivery, addressed to the party for whom it is intended at the place
last specified. The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the parties
designate the following:
FOR COLLIERCOUNTY:
Jeffrey A. Klatzkow, County Attorney
Government Center
3299 Tamiami Trail East
Suite 800
Naples, Florida 34112
FOR BOY AGNEW POTANOVIC:
John Potanovic, Esq.
4415 Metro Parkway, Suite 110
Ft. Myers, FL 33916
(23 9) 841-923 0
ARTICLE 12
MISCELLANEOUS
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.
COMPLIANCE WITH LAWS
Boy Agnew Potanovic shall comply with all federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations related to this Agreement.
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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 Boy
Agnew Potanovic 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 final.
12.4 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.
12 .5 PRIOR AGREEMENTS
This document supercedes 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.
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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.
ATTEST,:
_C TALKINZEL,CLERK
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C'.\cmature on\y •. .,. ...,.
Approved as to form and legality:
Colleen M. Greene
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:~ ff~
Boy A~otano!2:, PLLC
Its: lt/M At;fi<
STA TE OF FLORIDA
COUNTY OF LEE
The foregoing Retention Agreement was acknowledged before me this lo'; day of ,)11,1.,;._,; A,21
2019, by 1/1. ,11,J (!~, ;-:V,h v : <-as /,':11JACUZ ;.,,6./1,.?£-/~ of Boy Agnew Potanovic, a Florida
Professional Association, on behalf of the professional association. He/she is personally known
~orproduced~d?~ ,~-~,
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{.(;&'\,\Commission# GG 058804 wvv' '7 // . ,,._;r;, !,
~·~·~i Expires December 29, 2020 Name of Notary Public typed, printed or
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EXHIBIT "A"
For professional serv ices :rendered, Boy Agnew Potanovic fees shall be based on the hourly rates
as follows:
Principals / Partners
Associates
Law Clerks & Paralegals
$275.00 per hour
$190.00 per hour
$ 90.00 per hour
Boy Agnew Potanovic's 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 Boy Agnew Potanovic .)
In the event that Boy Agnew Potanovic is required or requested to perform any additional or
extraordinary services not herein contemplated, Boy Agnew Potanovic 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.
Boy Agnew Potanovic 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. Boy
Agnew Potanovic shall provide said response within 30 days of receipt of the request.
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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EXHIBITB
1. In addition to the charges for professional fees set forth in Exhibit A, and the
Schedules attached hereto, County shall reimburse Boy Agnew Potanovic 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.
Boy Agnew Potanovic 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. Boy Agnew Potanovic shall submit invoices on a monthly basis for the payment of
out-of-pocket expenses. Each invoice shall include a signed certificate 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.
3. REQUIREMENTS
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 finns 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~
► Names of persons performing services, hourly rates, and dates must be listed. The
County agrees to reimburse Boy Agnew Potanovic for retention and utilization of
sub-consultants.
► Reimbursable expense must be verified by attached receipts or copies thereof.
► 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.
► Claims for lodging at single rate (actual cost) must be substantiated by paid bill or
charge, with a cap ofno more than $150.00 per night.
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Packet Pg. 1605 Attachment: 19-036-NS BoyAgnew Potanovic Agreement - rv (26990 : First Amendment to Agreement for Legal Services with Boy
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► Car rentals required for travel should include compact or standard-size vehicles
only.
► Common carrier travel shall be reimbursable at tourist or coach class fares only.
► 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 C must accompany each invoice. The certifying
person must sign the Certification form and a description provided of the items,
which are certified.
► Faxes shall not be reimbursed
► Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed
·1
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Packet Pg. 1606 Attachment: 19-036-NS BoyAgnew Potanovic Agreement - rv (26990 : First Amendment to Agreement for Legal Services with Boy
EXHIBITC
CERTIFICATE
-.. 'JI ~~-------,...-.-.
IT IS HEREBY CERTIFIED that:
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. , Dated -----------------
Period Covered: Amount ______ _, --------
IN-HOUSE CHARGES:
Photocopies: ______ copies@ $0.15/each $
Mileage: ________ miles @ __ /mile $
OTHER (Copies of invoices required):
TOTAL:
04-COA--01158/2971
Long Distance Calls
Other:
$
$
$
FOR THE FIRM
Signed: _____________ _
Print Name: -------------Title: ---------------Date: ---------------
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16.K.4.b
Packet Pg. 1607 Attachment: 19-036-NS BoyAgnew Potanovic Agreement - rv (26990 : First Amendment to Agreement for Legal Services with Boy
171 5 Mon roe Street • Fort Myers, FL 3390 I
Post Office Box 280 • Fo rt Myers, FL 33 902
Tel: 239 .3 44.11 00 • Fax : 239 .344.1 200 • www.hen law.com
Bo nita Sp r ings • Naples • Sani bel
Reply to
Douglas B. Szabo
Direct Fax Number 239 .344 .1570
Direct Dial Number 239 .344 .1260
E-Mail : douglas .szabo@henlaw.com
January 4, 2019
VIA ELECTRONIC MAIL (COLLEEN.GREENE@COLLIERCOUNTYFL.GOV)
Collier County Board of County Commissioners
c/o Colleen Greene, Esq.
Assistant County Attorney
3299 East Tamiam i Trail, Suite 800
Naples, FL 34112
Re: Collier County BOCC adv . Reed, Landon (1903/34)
Collier County re : Miscellaneous Employment (1903/28)
Dear Ms. Greene:
John Potanovic has announced he will be leaving Henderson Frankl in, Starnes &
Holt, P.A. ("Henderson Franklin"), effective January 25, 2019. Since Mr. Potanovic is the
designated lawyer for the above-referenced files, we are hereby informing you of your
right to choose from among the following three options for the matter referenced above:
• Continue with Mr. Potanovic's representation of Collier County in this matter at
his new firm of Boy Agnew Potanovic, PLLC; or
• Continue with Henderson Franklin's representation of Collier County, in which
case the files will be handled by Bob Shearman ; or
• Retain an entirely new lawyer and firm.
Please advise the undersigned as quickly as possible of your decision, so that
continuity in Collier County's representation is assured . You may do so by indicating your
choices below and returning a signed and dated copy via emai l to both John Potanovic
(john .potanovic@henlaw.com) and Douglas Szabo (douglas.szabo@henlaw.com).
Regardless of your election of future counsel in these matters, please note Collier
County will remain responsible to Henderson Franklin for any fees and costs incurred to
date. We recognize the formality of this letter may not be the ideal way to receive notice
of this information , but the Rules Regulating The Florida Bar require this type of joint
communication. If you have any questions related to this letter, you are welcome to
contact either or both of the undersigned to discuss .
Henderson, Fran klin, Starnes & Holt, P.A.
~}
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Packet Pg. 1608 Attachment: 19-036-NS BoyAgnew Potanovic Agreement - rv (26990 : First Amendment to Agreement for Legal Services with Boy
Collier County Board of County Commissioners
c/o Colleen Greene, Esq .
January 4, 2019
Page 2
Sincerely, ~-----,-··-·2---~2
Douglas B. Szabo
Title : Department Chair, Business Litigation
For: Henderson Franklin Starnes & Holt, P.A.
• • . . . : ··-~-• ' I
John F. Potanovic
cc: Scott R. Teach, Esq . (scott.teach@colliercountyfl.gov)
Instructions as to Collier County BOCC adv . Reed, Landon (1903/34):
CT I choose to have this file transfer with John Potanovic to Boy Agnew Potanovic,
PLLC .
□ I choose to have this file to stay with Henderson Franklin Starnes & Holt, P .A .
o I will retain new counsel and have him/her contact Henderson Franklin Starnes &
Holt, P.A. to facilitate transfer of this file.
ATTEST
By: '
Its : <\--_ ..
Date :-=----<
C:Y ALKKIN~)_c
Attest as to airman s
,-_ ;/H',-'lf1t•t, "n!y ... , . ~--~·, JI\, \,,' , .
Instructions as to Collier County re : Miscellaneous Employment (1903/28):
v I choose to have this file transfer with John Potanovic to Boy Agnew Potanovic ,
PLLC.
□ I choose to have this file to stay with Henderson Franklin Starnes & Holt, P .A.
□ I will retain new counsel and have him/her contact Henderson Franklin Starnes &
Holt, P.A . to facilitate transfer of this file .
ATT ES T
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-~rot:Jre only .
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Packet Pg. 1609 Attachment: 19-036-NS BoyAgnew Potanovic Agreement - rv (26990 : First Amendment to Agreement for Legal Services with Boy
16.K.4.cPacket Pg. 1610Attachment: 19-036-NSBoyAgnew_1of3_1YrRenewal (26990 : First Amendment to Agreement for Legal Services with Boy Agnew Potanovic
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Packet Pg. 1612 Attachment: 19-036-NSBoyAgnew_2of3_1YrRenewal (26990 : First Amendment to Agreement for Legal Services with Boy Agnew Potanovic
January 4, 2023
John Potanovic
Boy Agnew Potanovic Miller PLLC
4415 Metro Pkwy, Suite 110
Fort Myers, FL 33907
Via Email: johnp@bapfirm.com
RE: Contract Renewal for # 19-036-NS "Retention Agreement for Legal Services"
Dear Mr/s. Potanovic:
Collier County would like to renew the above contract under the same terms and conditions for
an additional one (1) year period in accordance with the renewal clause in the contract.
If you are agreeable, please indicate your intentions by providing the information requested below
and executing the acceptance section:
_______
I am agreeable to renewing the above referenced contract under the
same terms, conditions, and pricing as the existing contract.
_______
I am not agreeable to the renewal of this contract.
By executing the section below, this contract will be in effect from 1/23/2023 until 1/22/2024.
Acceptance of Contract Renewal
Company Name
Company Signature
Print Name
Signature Date
DocuSign Envelope ID: C31DA330-C316-4B6F-98D6-78BD5E841B8C
Boy Agnew Potanovic Miller, PLLC
1/4/2023
John Potanovic
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Page 2 of 2
RE: Contract Renewal for # 19-036-NS "Retention Agreement for Legal Services"
Updated Contact Information
(Only if addressee information on the first page is incorrect)
Contact Name _________________________________________________________
Telephone
Number
_________________________________________________________
FAX Number _________________________________________________________
Email Address _________________________________________________________
Collier County Procurement Services is pleased to announce, it has partnered with BidSync to
provide Free web-based Bidding services to its vendors, suppliers, and contractors.
We are now “live on the new bidding platform. Register today at www.bidsync.com.
For Registration Assistance, please contact BidSync customer service at
800-990-9339 Or email: support@bidsync.com.
Please return this letter to the Procurement Services Division with your response no later than
1/11/2023. You may email your response to email Renewals@colliercountyfl.gov. If you have any
questions, you may contact me at 239-252-8407.
Respectfully,
Sue Zimmerman, CPM
Contract Manager – Procurement Services Division
C: Jeff Klatzkow, County Attorney’s Office
DocuSign Envelope ID: C31DA330-C316-4B6F-98D6-78BD5E841B8C
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