Agenda 09/09-10/2008 Item #16K11
ITEM
EXECUTIVE SUMMARY SEP 0 S 200B
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Recommendation to approve an Assumption Agreement substituting the law firm of Hahn Loeser
& Parks, LLP for the law firm of Garvin & Tripp, P.A., in the Retention Agreement dated
October 27, 2004, as amended and to authorize the Chairman to sign Consent to Substitution of
Counsel in the cases where Theodore L. Tripp, Jr., is counsel of record
OBJ ECTIVE:To substitute the iaw firm of Hahn Loeser & Parks, LLP for the law firm of Garvin
& Tripp, P.A. in the Retention Agreement dated October 27,2004, as amended and to authorize the
Chairman to sign Consent to Substitution of Counsel in the cases where Theodore L. Tripp, Jr., is counsel
of record.
CONSIDERATIONS:
Collier County and Garvin & Tripp, P.A., entered into a Retention Agreement dated October 27,2004,
as amended. The present agreement runs through October 26, 2008, and is renewable for an additional
one year term, following which a new contract will have to be negotiated.
The law firm of Garvin & Tripp, P.A. has disbanded and Mr. Tripp has joined the firm of Hahn Loeser
& Parks, LLP. Mr. Tripp was the primary person in the firm performing work for Collier County. His
particular expertise is in complex litigation (including complex land use matters) and appellate matters. Mr.
Tripp is actively involved in the Brock v. Collier County matters.
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It is the opinion of the County Attorney that it is in the best interest of the County to continue to utilize the
services of Mr. Tripp since he has extensive knowledge of the matters he is handling.
FISCAL IMPACT:There is no fiscal impact incurred by this action.
GROWTH MANAGEMENT IMPACT:There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS:
RECOMMENDA TION:That the Board of County Commissioners approve an Assumption
Agreement substituting the law firm of. Hahn Loeser & Parks, LLP for the law firm of Garvin &
Tripp, P.A., in the Retention Agreement dated October 27,2004, as amended and to authorize the
Chairman to sign Consent to Substitution of Counsel in the cases where Theodore L. Tripp, Jr., is counsel
of record.
Prepared By:
Department
County Attorney
Date
8/28/2008 11 :33:03 AM
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Approved By:
Department Approval
County Approved
Manager's Office
Date
lLe ~ It
8/28/20082:08 PM
AGENDA ITEM
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ATTACHMENTS:
Name: Description:
[l _G<:lrvin & TrioD - QM!-Imotion
~ Assumption Agreement
agr.eemerllJ:!d1
Q Ga1YlrL& TriR12-=_QQJJs..enUQ Consent to Substitution of Counsel
.sub~,i!!,Jtion of QQun~.~J.QQ!
o Ge.J:vill& TrioJL,:,Le1-emJJQIl Retention Agreement 10-27-04
aareement 10-27 -04.odf
Cl Garvin & TrioD. amendment Amendment No.1 to Retention Agreement 11-13-07
~.tQ retention....agrgement.odf
Type:
Agreement
Backup Material
Backup Material
Backup Material
M
ASSUMPTION AGREEMENT
SE~ 0 9 2008
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This Assumption Agreement is made and entered into as of , 2008, by
and between Hahn Loeser & Parks, LLP, and Collier County, a political subdivision of the State
of Florida ("County").
WHEREAS, on October 27, 2004, the Collier County Board of County Commissioners
entered into Retention Agreement with Garvin & Tripp, P.A., (attached hereto as Exhibit A, and
hereinafter referred to as the "Agreement"), as amended; and
WHEREAS, Hahn Loeser & Parks, LLP hereby represents to Collier County that the
firm of Garvin and Tripp, P.A., has disbanded and attorney Theodore Tripp has joined the law
firm of Hahn Loeser; and
WHEREAS, the parties wish to have Hahn Loeser & Parks, LLP formally assume the
rights and obligations under the Agreement, effective as of the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. Hahn Loeser & Parks, LLP accepts and assumes all rights, duties, beneflts, and
obligations of the Contractor under the Agreement, as amended, including all existing and future
obligations to perform under the Agreement.
2. Hahn Loeser & Parks, LLP will promptly deliver to County evidence of insurance
consistent with Article 2 of the Agreement.
3. Except as expressly stated, no further supplements to, or modifications of, the
Agreement, as amended, are contemplated by the parties.
4. Notice required under the Agreement to be sent to Contractor shall be directed to:
CONTRACTOR:
Hahn Loeser & Parks LLP
2532 East First Street
Fort Myers, Florida 33901-2431
Attention: Theodore L. Tripp, Jr.
5. The County hereby consents to Hahn Loeser & Parks, LLP's assumption of the
Agreement, as amended. No waivers of performance or extensions of time to perform are
granted or authorized. The County will treat Hahn Loeser & Parks, LLP as the Contractor for all
purposes under the Agreement.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement, effective as of the date first above written.
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FOR COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
By:
J effre
County tt
FOR HAHN LOESER & PARKS, LLP
By:
Theodore L. Tripp, Jr.
Date:
STATE OF FLORIDA
COUNTY OF
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BOARD OF COUNTY COMMIS~~ERSY bf-29
COLLIER COUNTY FLORIDA .:. "---"-,-- '
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TOM HENNING, CHAIRMAN
The foregoing Assumption Agreement was acknowledged before me this _ day of
, 2008, by as of Hahn Loeser &
Parks, LLP, on behalf of the professional association. He/she is personally known to me or
produced as identification.
04.(;OA-Ol15812743
Signature of Notary Public
Name of Notary Public (typed or printed)
My Commission Expires:
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BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
CONSENT TO SUBSTITUTION OF COUNSEL
EX-OFFICIO THE GOVERNING BOARD OF THE OCHOPEE AREA FIRE CONTROL AND
EMERGENCY MEDICAL CARE SPECIAL TAXING DISTRICT, NKJA THE CHOPEE FIRE
DISTRICT, a Municipal Services Taxing Unit pursuant to Section 125.01(1)(q), F.S., hereby
consents to the substitution of THEODORE L. TRIPP, JR. and HAHN LOESER & PARKS,
LLP as counsel in place of GARVIN & TRIPP, P .A. prior counsel of record. I/we intend by this
consent to satisfy Fla. Rule of Jud. Adm. 2.505(e)(2), and respectfully request that this Honorable
Court permit THEODORE L. TRIPP, JR. and HAHN LOESER & PARKS, LLP to appear on
my/our behalf for all matters herewith.
DATED this_dayof
,2008.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
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CONSENT TO SUBSTITUTION OF COUNSEL
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on
behalf of COLLIER COUNTY, a Political Subdivision of the State of Florida, hereby consents to
the substitution of THEODORE L. TRIPP, JR. and HAHN LOESER & PARKS, LLP as counsel
in place of GARVIN & TRIPP, P.A. prior counsel of record. Vwe intend by this consent to
satisfy Fla. Rule of Jud. Adm. 2.505(e)(2), and respectfully request that this Honorable Court
permit THEODORE L. TRIPP, JR. and HAHN LOESER & PARKS, LLP to appear on my/our
behalf for all matters herewith.
DATED this _ day of
,2008.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
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RETENTIONAGREEMffiNTvTITH
AGENDA ITEM
No.
GARVIN & TRIPP, P.A.
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This Retention Agreeinent is made by and bet'ween the Board of County Commissioners
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of Collier County, Florida (the "County"), and the law f= of Garvin & Tripp, PA, of Fort
Myers, Florida ("Garvin & Tripp").
Whereas, Garvin & Tripp has special expertise and resources in a wide range of legal
matters, with particular expertise in complex litigation (including complex land use matters) and
appellate matters; and
Whereas, the County from time to time has a requirement and need for legal services
which are particularly within the expertise of Garvin & Tripp;
Now,. + .!;herefore, in consideration of the premises contained herein, the County hereby
hires and retains Garvin & Tripp and Garvin & Tripp hereby agrees to provide legal services to
County.
ARTICLE 1
COJV[pENSATION; MffiTHOD OF PAYMENT
1.1 Compensation shall be paid to Garvin & Tripp in accordance with the terms set forth in
Exhibit A attached hereto and made a part hereof. Requirements for reimbursable
~xpenses are set forth in Exllibit 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.
1.2 The rates set forth in Exhibit A shall remain in effect wit.'J.out change for a minimum of
one (1) year from November 1, 2004. In each year thereafter, upon the request of Garvin
& Tripp, the County Attorney is authorized to negotiate to increase the hourly rate up to a
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maximum of ten (10) per cent without approval by the Board of County Commissioners.
In ti'1e negotiation process, Garvin & Tripp must substantiate the reason the request is
being made (i.e. market conditions; increase in cpr, etc.). The parties recognize that
Garvin & Tripp is currently providing services to Collier County beneath its standard
hourly rate, as a professional courtesy to Collier County and in light of the longstanding
relationship between Collier County and Garvin & Tripp. The parties agree that the
.ccm.tir>.Llaticm of a discoun1ed hourly Tate is not guaranteed beyond the initial annual term
of this agreement.
1.3 Multiple Attorney Assignments.
TheCaunty aclmowledges that, from time to time, it may be aovi,able for Garvin &
Tripp 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, Garvin & Tripp agrees to the following procedures and billing limitations for
multiple attorney assignments.
1.3.1 A primary attorney will be identified for projects or cases. In practice, this
means that generally only the primary attorney will meet or co=unicate
directly \\-'itl County personnel or attend meeungs1 court, arbitrations1
mediations or other proceedings on behalf of the County, except in instances
of emergency or where in the responsible professional judgment of Garvin &
Tripp the requirements of the project or case warrant a multiple attorney
presence at such proceedings.
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Attorneys assigned to a project or case oth
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less senior attorneys with lower billing rates unless the additional attorney(s)
haslhave a demonstrated expertise that will demonstrably enhance the value
. and efficiency of the legal services being provided to the County.
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- Garvin & Tripp agrees that internal or in-house conferences among multiple
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attorneys assigned to a project or case shall be kept to the absolute miniIDTJm
necessary fur !he pw.f.essignally responsible provision of the legal services in
question.
1.4 From time to time, it may be Ilecessary for Garvin & Tripp to have .experts, consultants or
to associate with other law fiITI;ls or atl;orn<:ys to responsibly and profeSSIonally represent.
the County on projects and cases. The requirements for such hirings or associations are
set forth on Exhib.it A to this Agreement.
1.5 Garvin & Tripp 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 in voice which must be received no later than six:ty
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1.6 To be . deemed proper, all invoices must comply with the requirements set forth in this
Agreement arid must be submitted on the form and pursuant to the instruction prescribed
by County. Payment may be withheld for failure of Garvin &Tripp to comply with a
term, condition,. or requirement of this Agreement.
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1.7 Payment shall be made within thirty (30) days of rendition of a proper invoice to Garvin
& Tripp at:
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Garvin & Tripp, PA
P. O. Drawer 2040
Fort Myers, Florida 33902
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ARTICLE 2
INSllRANCE
2.1 Garvin & Tripp shall as a minimum, provide, pay for, and maintain in force at all times
during theterm of this Agreement, professional liability insurance in an amount and fom
not less than as,reflected on Exhibit C hereto, except that said coverage shall increase to
$3,000,000.00 per claim and in the aggregate on and after January 1, 2005 and remain at
that level unless this Agreement is amended or until this Agreement expires. Garvin &
Tripp shall also supply a coverage declaration/policy renewal sheet to the Office of the
County Attorney for each policy year that this Agreement remains in effect: Such
insurance shall also 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 npon whom service of
process may be made in Collier County, Florida.
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2.3
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Garvin & Tripp shan fu.-nish to the Risk Management Director Certificates of Ins ance .
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or endorsements evidencing the insurance coverages specified DY this Article prio~_tP!!__J to. +-~L .
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beginning performance of work under this Agreement.
ARTICLE 3
TERNI AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall be for a period of three years to begin October 26, 2004
and to end oh October 26, 2007, unless ieIlDinated 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 two (2) additional terms of one (1) year
each. (In t)le event the term of this Agreement extends beyond a single fiscal year of the
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.)
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.
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ARTICLE 4
TER1\1INATION
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4.1 This Agreement may be tenninated by either party for cause upon ten (10) 'days' notice or
by the County for convenience upon no less than thirty (30) days' advance written notice
in accorda'1ce wit.1} the "NOTICES" section of this Agreement. .
4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to
'Suit-ab}y perlm~m t.\e. ;:v0rk, failllTe t.s.con.unu.Qusly ped..oTI:!1 tb.e wOrk in .a m ::mn~T
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 wai ved or cured.
4.3 In the event this Agreement is terminated for convenience, Garvin & Tripp shall be paid
for any services performed to the date the Agreement is terminated; however, upon being
notified of County's election to terminate, Garvin & Tripp shall refrain from perfonning
further services or incurring additional expenses under the term of this Agreement 'except
as may be necessary to protect the interests of the County in accordance with the Rules
Regulating The Florida Bar. Garvin & Tripp acknowledges and agrees that Ten Dollars
($10) of the compensation to be paid by County, the adequacy of which is hereby
acknowledged by Garvin & Tripp, is given as specific consideration to Garvin & Tripp
for County's right to terminate this Agreement for convenience. Garvin & Tripp's
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 fiJes
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Such transfer ot respolfffi,ilities and files
or copies Df fIles to the County or its designee.
shall also be in accordance with all requirements of the Rules Regulating The Florida Bar.
ARTICLES
RECORD AUDIT AND INSPECTION
5.1 County shall have the right to audit the books and records of Garvin & Tnpp pertinent to
the funding under this Agreement. Garvin & Tripp shall return documents to the Office
of the County Attorney upon termination of any matter for which Garvin & Tripp has
provided representation to the County. With regard to those materials which remain in
the possession of Garving & Tripp, Garvin & Tripp shall preserve and make available, at
reasonable times for examination and audit by County, all fmancial 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
fmdings 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, F1a. Stat.) is determined by County to be
applicable to Garvin & Tripp's records, Garvin & Tripp shall comply with all
r.equirernents thereof, however, nb confidentiality or non-disclosure requirement of either
federal or state law shall be violated by Garvin & Tripp.
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6.1 Garvin & Tripp states that it is familiar with and will comply with the terms and
ARTICLE 6
CONFLICT OF INTEREST i
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conditions of Chapter 112, Part ill, Florida Statutes (Code of Ethics).
6.2 It is very important that Garvin & Tripp be independent and impartial in order to properly
provide services under this Agreement. Thus, Garvin & Tripp agrees that it will comply
at ill times with -all Bf -the R'J.les. ReguL~.ting Th~. Fl...ori...da. Barr inclurling. without limitation
Rules 4-1.6, 4-1.7, and 4-1.8 concerning confidentiality and the scrupulous avoidance of
conflicts of interest.
ARTICLE 7
INDEMNmCA TION
7.1 Garvin & Tripp acknowledges and agrees that Ten Dollars ($10.00) of the compensation
to be paid by County, the adequacy of which is hereby acknowledged by Garvin & Tripp,
is given as specific consideration to Garvin & Tripp so that Garvin & Tripp 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 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
Garvin & Tripp, its employees, agents, servants, or officers, or accniing, 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 injnries
or damages sustained by any person or property. The provisions of this section shall
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survi ve the expiration or earlier termination of this Agreement. To the extent consi
necessary by County, any sums due Garvin & Tripp under this Agreement may be , SEP 0 9 2008
retained by CountyuntiJ aD of County's Claims forh,de=ification pursuant to this I f'1i_ L ~'i>f 7.'1_
Agreement have been settled or other.vise resolved; and any amount withheld shall not be
subject to payment of interest by County.
ARTICLE 8
OWNERSHIP OF DOCUMENTS
8.1' _ 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 Garvin & Tripp, whether finished or unfInished,
shall become the property of County and shall be delivered by Garvin & Tripp to the
County within seven (7) days of termination of this Agreement by either party. Any
compensation due to Garvin & Tripp shall be withheld until all documents are received as
provided herein.
ARTICLE 9
INDEPENDENT CONTRACTOR
9.1 Garvin & Tripp is an independent contractor under this Agreement. Services provid~d by
Garvin & Tripp shall be subject to the supervision of Garvin & Tripp, and such services
shall not be provided by Garvin & Tripp as officers, employees, or agents of the County.
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obligations in any third person or entity under this Agreement.
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The parties expressly acknowledge that it is not their intent to create any ri:;:
ARTICLE 10
NONDISCRIMINATION, EQUAL OPPORTUNITY
AND A1v.IERICANS WITH DISABILITIES ACT
10.1 Garvin & Tripp 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 affIIIJiatively 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 Garvin &. Tripps' 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, ma...rlial status, physi.cal Dr mental dis2.bility, political
affiliation, or any other factor which cannot be lawfully or appropriately used as a basis
for service delivery.
10.3 Garvin & Tripp 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,
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religion, ~olor, gender, sexual orientation, national origin, ma.":ital status, politic N~GENDA ITEM
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affiliation, or physical or mental disability. In addition, Garvin & Tripp shall ta e . SEp i) c.- 20
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aff=ative steps to ensure nondiscrimination in employment against disabled person~~:
'Such actions shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recroitment or recruitment advertising, layoff, termination, rates 9f
pay, other forms of compensation, terms and conditions of employment, training
(includlng apprenticeship), and accessibility.
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10.4 Garvin & Tripp shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual
orientation, national origin, marital status, political affiliation, or physical or mental
disability during employinent. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion, transfer, recruitment or recroitnient
advertising, layoff, termination, rates of pay, other forms of compensation, terms and
conditions of employment, training (including apprenticeship), and accessibility.
10.5 Garvin & Tripp 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
i 1.1 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
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 asset forth herein until
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changed in writing in the manner provided in this section.
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For the present, the parties
David C. Weigel, County Attorney
Collier County Government Center
3301 Tamiami Trail East
Naples, Florida 34112
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designate the following:
FOR COLLIER COUNTY:
FOR GARVIN & TRIPP:
Theodore L. Tripp, Jr., Esq.
Garvin & Tripp, PA
P. O. Drawer 2040
Fort Myers, Florida 33902
ARTICLE U
MISCELLANEOUS
12.1 WAI\lEROFBREACHANDMATERIALITY
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.
12.2 COMPLIANCE WITH LAWS
Garvin & Tripp shall comply with all federal, state, and local laws, codes, ordinances,
rules, and regulations as well as all Rules Regulating The Florida Bar 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
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Garvin & Tripp elect to te:o:ninate this Agreement. The election to ternrina t!j;it.~NDA ITEM
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Agreement based upon this provision shall be made within seven (7) Clays. er tlSEP () 'j 7rm\(
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finding by t.l:ie court becomes final. ---~ -"-,,c:.c,~:=-~.
124 APPLICABLE LAW AND VEL'fUE
This Agreement shall be interpreted and construed in accordance wit.'1 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 1ilnderstandings 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 INCORPORATION BY 'Ri:it'b1<.ENCE
The truth and accuracy of each "Wbereas" 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.
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DATE: !()/z,r/ZJYJI.
ATTEST:
Dwight R: BrQf"~ . CLEJ;<;K
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st~,~t'lili. ~'1'j:--'
BOARD OF COUNTY COMMISSIONERS
OF COlllER COUNTy, FLORIDA
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'JCBy:' ~ 61~
I '. Donna iaJa, CHAIRMAN
Approved as to form & legal sufficiency
~ t-V;1~ C~ ~7 Cd J1J( 4-
David C. Weigel, County Attorney
DATEr:o \ \ t l6~
Its: \{. ?et> .
Page 14 of 20
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NAGENDA ITEM
0._
STATE OF FLORIDA
SfP !);; ?OOR
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COUNTy OF COlLIER
The foregoing Retention Agreement was acknowledged before me this /Znfday of
. &k:hf> r
,2004, byrh-,.,.,w", I. fr1'p,,7r as JlI,'" ~s'&Af of Garvin & Tripp, a
FJorida Professional Association, on behalf of the professional association. He/she is personally
known to me or produced
as identification.
G4t1'~ \~-/~
Signature otary Public
(J/ AJ/) Y L.. Om I-/A
Name of Notary Publi<: typed, printed or
My Commission Expires:
~ovJ" i\ eini:ly L Smith
. ~ ; My Cbmmission D0011561
~Or,,"df Expires March 25. 2005
Page 15 of 20
EXHIBIT A
I N~:~N.?A_~!M_ \ \ 11
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For professional services rendered, Garvin & Tripps' fee shall be based on the hourly rate as
follows:
Theodore L. Tripp, JI. & Jeffrey R. Garvin
Other Attorneys:
. Kevin 1'. Fularzyk
Elisa S. Worthington
$300.00 per.hQur
$225.00 per hour
$200.00 per hour
NDTE.:- F.eesfm: wilrkpe.rfoJ:Jn~d prior to November 1, 2004 shall remain at $275.00 for
Partners, $150.00 per hour for Elisa S. Worthington, Esq. and Bruce M. Essen, Esq. and
$200.00 per hour for Keviri P. Fularzyk, Esq.
Garvin & Tripp' fee shall not exceed $100,000.00 per Purchase OrderLCase withc:lUt the approval
of the Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be
agreed to when each assignment is made to Garvin & Tripp.)
In the event that Garvin & Tripp is required or requested to perform any additional or
extraordinary services not herein contemplated, Garvin & Tripp 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 in writing by County in its sole discretion.
Garvin & Tripp shall provide the annual response to County's auditors regarding pending or
threatened litigation and may bill time expended thereon accordingly. 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, im
estimate of the amount or range of potential loss, and any other information considered necessary
to explain the case. Garvin & Tripp shall provide said response wit.':iln 30 days of receipt of the
request.
If Gar\(in & Tripp should find it necessary to associate with any other law fm or attorneys in
order to responsibly and professionally provide services on a given project or case, written pre-
approval from the Office of the County Attorney shall be required. In any such inst~ce, the rates
for the associating fm or attorneys shall not exceed those of comparable attorneys and staff of ,,'
Garvin & Tripp. All billings of the associating fim1 or attorneys, including all backup and detail,
e.g., .hours and nature of work performed as invoiced, shall be included in the Garvin & Tripp
billings.
Page 16 of20
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Wnenever Garvin & Tripp believes in its professional judgment that a consuha:iirot expert must
be retained for purposes of a project or case, Garvin & Tripp shall retain such consultant or
expert directly following receipt of written approval from the Office of the County Attorney.
Fees and costs of such consultants or experts shall be billed to the County through Garvin &
Tripp billings with appropriate backup documentation, e.g., hours and hourly rates as invoiced.
If, for purposes of any services to be provided under 't1'1is Agreement, Ga"ryin & Tripp finds it to
be prudent or necessa..] to employ extraordinary technology services or products to be supplied
by a third party, the cost of such services or technology will be paid by the County upon the
County's prior approval. Such approved services/products shall be invoiced through Garvin &
Tripp's billings.
NOTES:
. Divisions, or departments Vtithin 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.
Page 17 oflO
EXHIBIT B
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1. In addition to the charges for professional fees set forth in Exhibit A, and the
Schedules attached hereto, County shall reimburse Garvin & Tripp 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.Garvi."1
& Tripp 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. Garvin & Tripp shall submit invoices on a monthly basis for the payment of out-of-
pocket expenses. Each invoice shall include 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, REOUIREMENTS
The following represents Collier County' spayment requirements for legal costs
)>> Your federal employee identilication 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 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 identilied, as well as the
bond issue or financing transaction for which the services were rendered.
~ Names of persons performing services, hourly rates, and dates must be listed. The
County agrees to reimburse Garvin & Tripp for retention and utilization of
sub-consultants.
Page 18 of 20
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)> 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. (mileage $0.29 per mile; breakfast $3.00; lunch $6.00;
dinner $12.00). 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.
);;. CM :r-e:z.tzl-& :req-B.rred for t{'a~~;el-5-h.euld irrclude -ccm.i=}2.Ct -Sf &ta..-qdu4-sille If-elrides-
only.
)> Co=on 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 D 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.
Page 19 of 20
~ . ,I ;... , .
AG NDA ITEM
No.
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EXHIBIT C
SEP: .
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JnSUTJn'C-'t:. C.Ol'nj)a-ny
Cree/cd by:the Florida Bar.for ir.; mweN.
This is a CJ.mms Maile Pelky. Please read i( r:arrftUJ-
lawyers Profeo-.riona! Liabiltty Policy
Decla.ra:tio~
PpIicj Number:
Territory;
89000102
2
'tern 1. Named J-n.,ured: Garvin & Tripp, P .A.
MaiH7Ig Address; 2532 East Fin,;t Street
Fort MY"J:'S, Ftorida 339G1
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.'
rem 2. PalicyPcriLJd: From 01101/2004 to Ol101J2005 at 12:01 A.M.
Srandard TJmt at Your Address Above
~em 3. LimU a/Liability;
$2,000,000 per claim
$2,000,000 tol31liDut
ern 4!f.. ~,d-",:c!i.me~-
$] 07000 1U1.11WJ Iib->gregmc
em 5. Premium:
$22256
Terrorism 1'=nium.: SO. 00
:m 6. Farmr o.nd Endo~c=f.II Attached (It Policy Issllance
FLPL-IOI (.R.6-J -2(01) F'....PL-100R(R..l0-1-99)
FLPIrl03(FL1-1-2001)
THIS POLTCY IS NOT V ALllJ UNTIL SI<ThiED BY OUR AUTHORIZED REPRESR'TAln'E
)O:'el' 16, 2003
olQ'Je rsign.q.twe Dat~
~PL-I00(lU-1-97)
~
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~1I 'es Ctliw
Pagel of 1
Page 20 of 20
r-hAr,E~
I 0__. EM
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16 i{ 1 oJ
AMENDMENT NO.1
TO OCTOBER 27,2004 RETENTION AGREEMENT
WITH GARVIN & TRIPP, P.A.
WHEREAS, the Board of County Commissioners of Collier County, Florida (the
"COWlty"), and the law firm of Garvin & Tripp, P.A., of Fort Myers, Florida ("Garvin & Tripp")
entered into a Retention Agreement on or about October 27,2004 pursuant to which Garvin &
Tripp is to provide legal and professional services to the County at least until and through
October 26, 2007 (unless the Retention Agreement is terminated earlier in accordance with
Articles 3 and 4 of the Retention Agreement). Absent notice of intent to terminate, the
Agreement may be renewed upon mutual consent of the parties for two (2) additional tenns of
one (1) year each; and
WHEREAS, the parties have consented to renew the original Retention Agreement via
administrative renewal; and
WHEREAS, the County and Garvin & Tripp now desire to amend the Retention
Agreement in accordance with prior understandings and Paragraph 1.2 of the Retention
Agreement that it would be reopened for purposes of negotiating new hourly rates for Garvin &
Tripp on or after November of 2004.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES CONTAINED
HEREIN, the County and Garvin & Tripp hereby agree to the follo\\'ing changes in hourly rates
for legal and professional services to be provided by Garvin & Tripp in accordance with the
Retention Agreement:
1. The County and Garvin & Tripp agree that attorneys, paralegals and law clerks
assigned to provide legal and professional services to the County shall be compensated either as
individuals or generally as follows:
Theodore L. Tripp, Jr.
Jeffrey R. Garvin
Kevin P. Fularzyk
Elisa S. Worthington
Other principles
Other associates
Paralegals and law clerks
$363.00 per hour
$363.00 per hour
$265.00 per hour
$220.00 per hour
$363.00 per hour
$220.00 per hour
$ 55.00 per hour
NAGENDA ITEM .
I ~J;1~-~~ I
16K 1/
2. The hourly rates for legal and professional services set forth in Paragraph I of this
Amendment No. 1 to the Retention Agreement shall and do hereby replace the hourly rates set
forth in Exhibit A to the Retention Agreement.
3. Other than as expressly amended by this Amendment No. 1 to the Retention
Agreement, all terms and conditions of the Retention Agreement remain in full force and effect.
DATE: 1\ ~13~D'l
ATTE$1~i.~~t:.;:.. . .
D ~'I11E~BRO~fLE~
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Approved Jio:<<form and
legal sufficiency
1vi~~tJt~ttorney
DATE:
Oe...to'oe...(' ~O I d.OOl
BOARD OF COUNTY COMMISSIONERS
::COLUERcqk
JIM d!;., CHAIRMAN
G
By
Its: ~'\\J &.
2
N~GENDA ITEM
-'m_,~._
STATE OF FLORIDA
SEF)
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COUNTY OF
1 If '/ ~..I'. t'
'.. C'h _
The foregoing Amendment No. 1 to the Retention Agreem~ Wl!S acknowledged before
,,,e..o6<')((' ,,-. \ (,~? ,3'( .
methis 'Z"daYOf~2007, by as' Q( ),,<\e,( of
'-
Garvin & Tipp, P.A., a Florida Professional Association, on behalf of the professional
associatio~e i~~Jy knownto f!1.:g produced
as identification.
((j~\~..~ G. ~~~A "
Sign ..._~
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. .~. ~EOIhor
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......, EllpIIIol2.Cl5l2Olll
Name of Notary Public typed, printed or
My Commission Expires:
3