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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_ Packet Page-2406- 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 Packet Page -2407- 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 Packet Page-2408- 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 2 Packet Page -2409- 12/10/2013 16.K.3. 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 2 � tEE17 y *tea Name ofN. .. ' En.17 UAW 171 My Commission Expires: 3 ("0 Packet Page -2410-