Agenda 09/25/2018 Item #16K109/25/2018
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to a Retention Agreement for Carlton Fields P.A.
extending the expiration date to October 27, 2020, and increasing the firm’s rates for services.
OBJECTIVE: To continue to retain the law firm of Carlton Fields, P.A.
CONSIDERATIONS: For many years the County has retained the law firm Carlton Fields, P.A., with
the latest agreement dated October 8, 2013. The agreement expires October 27, 2018, and the County
Attorney would like to extend the agreement an additional two years. The rates for Carlton Fields, P.A.
have increased as follows:
Paul J. Ullom $340.00 400.00 per hour
Mark A. Smith $325.00 per hour
$317.00 375.00 per hour for services provided by all other principals;
$275.00 per hour for services provided by associates;
$174.00 175.00 per hour for services provided by law clerks & paralegals.
The County over the years has primarily used Carlton Fields, P.A. in complex construction litigation.
Although there is currently no such litigation either pending or expected, the firm had achieved
outstanding results for the County in the past, and should be retained in case such litigation occurs in the
future.
FISCAL IMPACT: At this time there is no fiscal impact, as there are no ma tters currently pending with
this firm, nor is there a retention fee associated with this or any other County legal retainer agreement.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Amendment was reviewed for form and legality by the
County Attorney and requires a majority vote for approval. - JAK
RECOMMENDATION: That the Board of County Commissioners approves, and authorizes its
Chairman to sign, an Amendment to a Retention Agreement with the law firm of Carlton Fields, P.A.
extending the expiration date to October 27, 2020, and increasing the firm’s rates for services.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (PDF)
16.K.1
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09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 6661
Item Summary: Recommendation to approve an Amendment to a Retention Agreement for
Carlton Fields P.A. extending the expiration date to October 27, 2020, and increasing the firm’s rates for
services.
Meeting Date: 09/25/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
09/10/2018 4:48 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/10/2018 4:48 PM
Approved By:
Review:
County Attorney's Office Emily Pepin CAO Preview Completed 09/11/2018 9:06 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/11/2018 2:41 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/11/2018 3:08 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/11/2018 3:33 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/17/2018 8:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
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AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Retenrion
Agreement is entered into on the below date by Collier County, Florida, a political subdivision of
the State of Florid4 through its Board of County Commissioners, hereinafter referred to as the
"county" and carlton Fields, P.A., (hereinafter referred to as "counsel").
WITNESSETH
WHEREAS, on October 8, 20i3', the County and Counsel entered into an Agreement (the
'oAgreemenf') wherein the County agreed to retain Counsel to provide professional specialized
legal services; and
WHEREAS, the professional services to be rendered as specified in Article 3 of the
Agreement is for a trvo (2) year term with three (3) additional renewal terms of one year per each
term; and
WIIEREAS, the term of the Agreement, will expire on October 27,2018 and,
WHEREAS, the parties wish to amend the Agreement to extend the term of service with
amended rates for providing these specialized legal services for an additional two (2) years
commencing on October 28,2018.
WHEREAS, Exhibit 'oA" to the agreement outlines the fees to be charged for professional
services to be rendered during the term of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreement as folrows:
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall be for a period of trvo (2) years to begin October 28,W? 2018 and to end on October 27 , W 2020, 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 (l) 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 subject to the availability of funds from County in accordance with
Chapter 129, Florida Statutes.)
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Packet Pg. 2626 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -
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 WIIEREOF, the parties have executed this Amendment to the Agreement
on this day of _- __ __-__,2010, with the intention to attach this Amendment to the
original Agreement.
ATTEST:CRYSTAL K. KINZEL,
CLERK
, Deputy Clerk
f,o.gm and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Andy Solis, Chairman
Carlton Fields, P.A.
By:By:
Type/pint witness n.rme
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Packet Pg. 2627 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement
EXHIBIT "A"
For professional services rendered, Carlton Fields' fee shall be based on the hourly rate as
follows:
Paul J. Ullom $340'00 40Q.00 per hour
Mark r\, Smith $325,00
$3ru 375,00 per hour for services provided by all other principals;
$275.00 per hour for services provided by associates;
$174'00 175.00 per hour for services provided by law clerks & paralegals.
Carlton Field'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 worli being
performed. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment
is made to Carlton Fields.)
In the event that Carlton Fields is required or requested to perform any additional or
extraordinary services not herein contemplated, Carlton Fields shall be entitled to apply for
additional compensation, the amount of which shalt 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.
Carlton Fields 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. Carlton
Fields shall provide said response within 30 days of receipt of the request.
NOTES:
o 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 departrren! as determined by the County Attorney
in coordination with the County Manager.
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Packet Pg. 2628 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -
RETENTION AGREEMENT WITH
CARLTON FIELDS. P.A.
This Retention Agreement is made by and between the Board of County Commissioners
of Collier County, Florida (the "County"), and the law firm of Carlton Fields, P.A., of Tampa,
Florida ("Carlton Fields").
Whereas, Carlton Fields has special expertise and resources in a wide range of legal
matters, with particular expertise in construction law, litigation, appellate matters, utilities, land
use, property rights, the County's Growth Management Plan and related administrative,
executive, and judicial hearings, appeals, negotiations, and County committee work related
thereto; and
Whereas, the County from time to time has a requirement and need for legal services
which are particularly within the expertise of Carlton Fields;
Now, therefore, in consideration of the premises contained herein, the County hereby
hires and retains Carlton Fields and Carlton Fields hereby agrees to provide legal services to
County.
ARTICLE I
COMPENSATIONT METHOD OF P-AYMENT
l.l Compensation shall be paid to Carlton Fields in accordance with the terms 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. 'fhe Certificate contained in Exhibit "C" must be included with
every invoice submitted for payment.
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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 Carlton Fields, the County Attorney is authorized 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, Carlton
Fields must substantiate the reason the request is being made (i.e. market conditions,
increase in CPI, etc.)
Multiple Attorney Assignments.
The County acknowledges that, from time to time, it may be advisable for Carlton Fields
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, Carlton
Fields 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 attomey 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
t.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 attorney(s)
has/have a demonstrated expertise that will demonstrably enhance the value
and efficiency of the legal services being provided to the county.
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Packet Pg. 2630 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -
1.4
1.3.3 Carlton Fields agrees that internal or in-house conferences among multiple
attomeys 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 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 thirry (30) minutes in length, Carlton Fields agrees that it
will discount the total billings for all attorneys involved in the conference by
forty-five (45 ) percent.
Carlton Fields 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.
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 Carlton Fields to comply with a term,
condition, or requirement of this Agreement.
Payment shall be made to Carlton Fields at:
Carlton Fields, P.A
Post Of'fice Box 3239
Tampa, FL 33601
1.5
1.6
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2,1
ARTICLE 2
INSURANCE
In order to insure the indemnification obligation contained above, Carlton Fields shall as
a minimum, provide, pay for, and maintain in force at all times during the term of this
Agreement, prof'essional liability insurance in an amount not less than Three Million
Dollars ($3,000,000.00) Per occurrence, Combined Single Limits. If any liability
insurance obtained by carlton Fields 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.
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.
carlton Fields shall furnish to the Risk Management Director certit'icates of Insurance or
endorsements evidencing the insurance coverages specified by this Article prior to
beginning performance of work under this Agreement.
2.2
2_3
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3.1
ARTICLE 3
The term of this Agreement shall be for a period of two (2) years to begin October 2g,
2013 and to end on october 27,2015, 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 (l)
year each. (ln 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
subject to the availability of funds from County in accordance with Chapter 129, Florida
Statutes.)
Time shall be deemed to be of the essence in performing the duties, obligations and
responsibilities by this Agreement.
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.
ARTICLE 4
TERMINATION
This z\greement may be terminated 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 "NorlcEs" section of this Agreement.
3.2
3.3
4.1
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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 Counfy 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.
In the event this Agreement is terminated for convenience, Carlton Fields shall be paid
for any services pertbrmed to the date the Agreement is terminated; however, upon notice
by either party to terminate, Carlton Fields shall refrain from performing further services
or incurring additional expenses under the term of this Agreement. Carlton Fields
acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid by
County, the adequacy of which is hereby acknowledged by Carlton Fields, is given as
specific consideration to Carlton Fields for County's right to terminate this Agreement for
convenience. Carlton Fields' 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"
ARTICLE 5
RPCORD AUDIT AND INSPECTIOI.Y
County shall have the right to audit the books and records of Carlton Fields pertinent to
the funding under this Agreement, Carlton Fields 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
4.3
5.1
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5.2
findings have not been resolved at the end ofthe three years, the books and records shall
be retained until resolution of the audit findings.
If the Florida Public Records Act (Chapter I19, Fla. Stat.) is determined by County to be
applicable to Carlton Fields' records, Carlton Fields shall comply with all requirements
thereof, however, no confidentiality or.non-disclosure requirement of either federal or
state law shall be violated by Carlton Fields.
ARTICLE 6
CONFLICT OF INTEREST
Carlton Fields states that it is familiar with and will comply with the terms and conditions
of Chapter l12,Part III, Florida Statutes (Code of Ethics).
It is important that Carlton Fields be independent and impartial in order to properly
conduct its services to the County. Carlton Fields shall not act as counsel in any lawsuit
or other adversary proceeding in which County is named as an adversary party or in
which Carlton Fields takes an adverse position to the County.
Neither Carlton Fields nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic or
incompatible with Carlton Fields' loyal and conscientious exercise ofjudgment related to
its performance under this Agreement.
In the event Carlton Fields is permitted to utilize subcontractors, herein, to perform any
services required by this Agreement, Carlton Fields agrees to prohibit such
subcontractors, by written contract, from having any conflicts as within the meaning of
this section.
6.r
6.2
6.3
6.4
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Packet Pg. 2635 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -
6.5 If at any time Carlton Fields' firm 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, Carlton Fields will contact the County
Attorney's office before undertaking such representation so that it can be determined
whether a conf'lict of interest exists.
ARTICLE 7
INDEMNIFICATION
7 'l Carlton Fields acknowledges and agrees that Ten Dollars ($ 10.00) of the compensation to
be paid by County, the adequacy of which is hereby acknowledged by Carlton Fields, is
given as specific consideration to carlton Fields so that carlton Fields shall at all times
hereafter indemniff, hold harmless and, at County's option, defend or pay for an attorney
selected by County to defend County, its 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 Carlton Fields, 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 ofl this Agreement. To the e.rtent considered necessary
by County, any sums due Carlton Fields under this Agreement may be retained by County
until all of County's claims fbr 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.
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ARTICLE 8
8.1 Any and all reports, photographs, suryeys, 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 Carlton Fields, whether finished or unfinished,
shall become the property of County and shall be delivered by Carlton Fields to the
County within seven (7) days of termination of this Agreement by either party. Any
compensation due to Carlton Fields shall be withheld until all documents are received as
provided herein.
ARTICLE 9
INDEPENDENT CONTRACTOR
Carlton Fields is an independent contractor under this Agreement. Services provided by
Carlton Fields shall be subject to the supervision of Carlton Fields, and such services
shall not be provided by Carlton Fields 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 IO
NONDISCRIMINATION, EQUAL OPPORTUNITY
AND AMERICANS WITH DISABILITIES ACT
l0.l Carlton Fields 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
9.1
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Packet Pg. 2637 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -
this Agreement and shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services f'unded 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.
l0'2 Carlton Fields'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,
10.3 Carlton Fields 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, Carlton Fields shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include,
but not be limited to, the fbllowing: 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,
l0'4 Carlton Fields 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.
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Such actions shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layotf, termination, rates of
pay, other forms of compensation, terrns and conditions of employment, training
(including apprenticeship), and accessibility.
l0'5 Carlton Fields 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 I I
NOTICES
I l.l 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
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 COLLIER COUNTY:
Jeffrey A. Klatzkow, County Attomey
Government Center
3299 Tamiami Trail East
Suite 800
Naples, Florida 34112
roB cARLTON rrELpS:
Paul J. Ullom
Carlton Fields, p.A.
P O Box 3239
Tampa, FL 33601
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8.1
ARTICLE 12
MISCELLANEOUS
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.
8,1 COMP.LIANCE WITH LAWS
t2.4
Carlton Fields shall comply with all frderal, state, and local laws, codes, ordinances,
rules' and regulations in performing its duties, responsibilities, and obligations related to
this Agreement.
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
carlton Fields 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.
This Agreement shall be interpreted and construed in accordance with and govemed by
the laws of the State of Florida. venue for litigation concerning this Agreement shall be
in Collier County, Florida.
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t2.s PRroR AQREEMFNTS
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.
12.6 TNCORPORATION 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.
DArE: o-el. tt,AOt>
.'i''l:11'''^
ATTEST:',"""',..
Dy/tGHT E. BROdK, CLERK
BOARD
OF
MISSIONERS
( FLOzuDA
IA A, HILLER, ESQ.
si0natuie'ontv:'
Scott R.'leach
Deputy County Attomey
CHAIRWOMAN \ c>\S\r,e
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DATE:\3
STATE OF FLORIDA
COLTNTY OF HILLSBOROUGH
to\r\
Florida Professional Association, on behalf of the professional association. @sne is personally
known to me or produced as identification.
@-,2013,u@as Pnar-r.oc&- ofcarrton Fields, p.A., a
+'f."i;'% tYttrF.oomy
*.ihf,-'H,ffiHffHT,:;i:
,tr-^P BclldlIu&tlbr8r*r
CARLT
tt, ?-L
The tbregoing Retention Agreement was acknowledged before me this 1#auv or
Name of Notary Public typed, pri
My Commission Expires:
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Packet Pg. 2642 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -
EXHIBIT "A"
For professional services rendered, Carlton Fields' fee shall be based on the hourly rate as
follows:
Paul J. Ullom
Mark A. Smith
$340.00 per hour
$325.00 per hour
$317.00 per hour for services provided by all other principals;
$275.00 per hour for services provided by associates;
$ 174.00 per hour for services provided by law clerks & paralegals.
Carlton Field'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 Carlton Fields.)
In the event that Carlton Fields is required or requested to perform any additional or
extraordinary services not herein contemplated, Carlton Fields 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.
Carlton Fields 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. Carlton
Fields shall provide said response within 30 days of receipt of the request.
NOTES:
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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.
16.K.1.a
Packet Pg. 2644 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -
l.
EXHIBIT B
In addition to the charges for professional fees set forth in Exhibit A, and the
Schedules attached hereto, County shall reimburse Carlton Fields for out-of-pocket
expenses reasonably incurred in the course ofrendering 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 ll2, F.S. Carlton
Fields 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.
Carlton Fields 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.
REOUIREMENTS
The following represents Collier County's payment requirements for legal costs
any item, invoice, or request. All firms 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 Carlton Fields for retention and utilization of
sub-consultants.
2.
3.
16.K.1.a
Packet Pg. 2645 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -
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 ll2, 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 of no more than $ 150.00 per night.
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
Certitlcate contained in Exhibit C must accompany each invoice. The certifring
person must sign the Certification form and a description provided of the items,
which are certified.
16.K.1.a
Packet Pg. 2646 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -
EXHIBIT C
CERTIFICATE
IT IS HEREBY CERTIFIED thAt:
I.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 baned from entitlement to any part of these
costs.
RE: Invoice No.Dated
Period Covered:
IN.HOUSE CHARGES:
, Amount
Photocopies:copies @ $0.1S/each $
Mileage:miles @ lmile $
OTHER (Copies of invoices required):
Long Distance Calls
Other:
TOTAL:
FOR THE FIRM
Signed:
Print Name:
Title:
$
$
$
04-coA{1 1 58/2971
Date:
16.K.1.a
Packet Pg. 2647 Attachment: Carlton Fields Amendment to Retention Agreement - expiration October 27 2020 (002) (6661 : Amendment to Retention Agreement -