Loading...
Agenda 01/22/2019 Item #16K501/22/2019 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute a Retention Agreement for legal services on an “as needed” basis with the law firm of Boy Agnew Potanovic, PLLC and to execute the letter of representation as requested by Henderson Franklin. OBJECTIVE: To obtain approval of a Retention Agreement with Boy Agnew Potanovic, PLLC to provide outside legal services on an "as needed" basis. CONSIDERATIONS: Attached for the Board's review and approval is a Retention Agreement with the law firm of Boy Agnew Potanovic, PLLC (“Boy Agnew Potanovic”). This request seeks approval of the Retention Agreement so that the County may retain Boy Agnew Potanovic on an as-needed basis to provide legal representation on matters where their specialized legal services may be of assistance. The County Attorney’s Office has worked successfully with Attorney John Potanovic for many years on various litigation matters including complex employment issues. Mr. Potanovic is leaving his current law firm of Henderson Franklin and forming a new law firm. The County Attorney’s Office recommends that the County continue working with Mr. Potanovic and his new firm on various litigation matters and to specifically continue Mr. Potanovic’s representation on current matters. The County Attorney's Office will continue its relationship with Henderson Franklin based on its current contract with Henderson Franklin. The attached Retention Agreement does not address any specific project or assignment but rather sets forth the criteria under which payment will be made when services are requested. Although this firm has a wide array of legal expertise, the County generally requests services on an as-needed basis in the area of employment law, construction law, tort law, commercial litigation, and appellate advocacy. The rates charged by this firm varies, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests . The proposed agreement also provides for reimbursement of actual out-of-pocket expenses and travel and lodging in accordance with Section 112.061, Florida Statutes. In an attempt to make the outside counsel retention agreements more uniform, the proposed Retention Agreement is substantially identical to others recently approved by the Board of County Commissioners. FISCAL IMPACT: The approval of this item 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. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached Retention Agreement with the law firm of Boy Agnew Potanovic, PLLC for specialized legal services requested on an as-needed basis and to execute the letter of representation as requested by Henderson Franklin. Prepared by: Colleen M. Greene, Assistant County Attorney ATTACHMENT(S) 1. Boy Agnew Potanovic Retention Agreement (PDF) 2. Letter of Representation dated January 4, 2019 (PDF) 16.K.5 Packet Pg. 1325 01/22/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5 Doc ID: 7735 Item Summary: Recommendation to approve and authorize the Chairman to execute a Retention Agreement for legal services on an “as needed” basis with the law firm of Boy Agnew Potanovic, PLLC and to execute the letter of representation as requested by Henderson Franklin. Meeting Date: 01/22/2019 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 01/11/2019 3:12 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 01/11/2019 3:12 PM Approved By: Review: County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 01/15/2019 11:30 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/15/2019 11:45 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/15/2019 12:01 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2019 2:10 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/16/2019 8:38 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM 16.K.5 Packet Pg. 1326 16.K.5.a Packet Pg. 1327 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1328 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1329 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1330 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1331 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1332 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1333 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1334 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1335 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1336 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1337 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1338 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1339 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1340 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1341 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1342 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.a Packet Pg. 1343 Attachment: Boy Agnew Potanovic Retention Agreement (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.b Packet Pg. 1344 Attachment: Letter of Representation dated January 4, 2019 (7735 : Retention Agreement - Boy Agnew Potanovic) 16.K.5.b Packet Pg. 1345 Attachment: Letter of Representation dated January 4, 2019 (7735 : Retention Agreement - Boy Agnew Potanovic)