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Agenda 02/26/2008 Item #16K 2 !\genda Hem No. 16K2 February 26, 2008 Page 1 of 20 ~. EXECUTIVE SUMMARY Recommendation that the Board approve and authorize the Chairman to execute a Continuing Retention Agreement for services on an "as needed" basis with the law firm of Allen, Norton & Blue, P.A., to meet County Purchasing Policy contract requirements. OBJECTIVE: That the Board approve a Retention Agreement With Allen, Norton & Blue, P.A. for outside legal services on an "as needed" basis. CONSIDERATIONS: Attached for the Board's approval is a Retention Agreement with the law finn of Allen, Norton & Blue, P.A., ("Allen, Norton") which is a law firm used by the County on an as- needed basis to provide specialized legal services. The contract 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 firnl has a wide array of legal expertise, the County generally requests services on an as-needed basis in the area of Labor Law and employment matters. The most recent agreement with the firm expired by its own term April 26, 2007 prior to a renewal with revised rates. The rates charged by the law firnl vary, as with any law film, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. Although this finn has increased its rates slightly over the prior agreement, the firm had agreed that the increased rates would not be charged to the County under past agreement - renewals and would only be effective when it was necessary to revise the contract. Slightly increased rates are therefore reflected in the attached agreement. The agreement also provides for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 1 12.061, Florida Statutes, which is tile section applicable to travel by County personnel. In accordance with Section VILG of the Board's purchasing policy, the Office of the County Attorney is recommending that the Board fonnally waive competition and authorize the execution of this agreement. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the ten11S and conditions of such contracts, upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the rate of the attorney working on the request or project and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. GROWTH MANAGEMEJ\:T IMP ACT: None RECOMMENDATION: That the Board waive fonnal competition pursuant to the Purchasing Policy, approve and authorize the Chainnan to execute the attached continuing retention agreement with the law firm of Allen, Norton & Blue, P.A. for specialized legal services requested on an as- needed basis. Additionally, direct the Clerk to pay all invoices at the prior contract rate for work performed from April 26, 2007 through the effective date of this agreement. ,.-- Prepared by: Scott R. Teach, Managing Assistant County Attorney 04"(.OA-O 1158/793 ",'._.'-- . <--,_.""'^," __ '~v "'._._,._mv_..._. Page 1 of 1 ,6,genda :tem r~:J. : 51<2 February 26, 20C3 Page 2 of 20 COLLIER COUNTY ,~.. BOARD OF COUNTY COMMiSSIONERS Item Number: 16K2 Item Summary: Recommendation that the Beard 2pprove and authoflZE.' the Chairman to execute a continuing retention agreement for services on an "as needed" basis with the law firm of Alien, Norton & Blue, PA. to meet County Purchasing Policy contract requirements. Meeting Date: 2/26/2008900:00 AM Prepared By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 21'13/20084:13:20 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 2/13/20084:14 PM Approved By David C, Weigel County Attorney Date County Attorney County Attorney Office 2/13/20084:16 PM Approved By - OMS Coordinator Applications Analyst Date Administrative Services Information Technology 2.'14/20084:36 PM Approved By John A. Yonkasky Utility aiBing Director Date Public Utiiities UB:S 2/15,'200e 9:33 AM Approved By Steve Carnell Purchasing/General Svcs Director uate Administjative Services ::;u~chasing 2): 5;'200E i :24 PM Approved By Leo E. OellS, Jr. Deputy County Manager Date Soard of County Commissioners County Manager's Office 2/15/20082:10 PM ~ file:IIC:\AgendaTest\ExDort\ 10 l-Februarv%2026.%202008\ 16.%20CONSENT%20AGEND... 2/20/2008 ~.,,---~-- -- ._-----'~~._.,,~ -----. , -,:'r; "y]. "-,,> ' RETENTION AGREEMENT WITH ALLEN, NORTON & BLUE. P.A. This Retention Agreement is made by and between the Board of County Commissioners of Collier County, FIOlida (the "County"), and the law finn of Allen, NOlton & Blue, P.A., of Tampa, Florida ("Allen, NOlton"). Whereas, Allen, Norton has special expertise and resources in a wide range oflegal matters, with particular expertise in labor and employment related matters; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Allen, Norton; Now, Therefore, in consideration of the premises contained herein, the County hereby hires and retains Allen, Norton and Allen, Notion hereby agrees to provide legal services to County. ARTICLE 1 COMPENSA nON; METHOD OF PAYMENT 1.1 Compensation shall be paid to Allen, Norton in accordance with the terms set fOlth in Exhibit A attached hereto and made a pmi hereof. Requirements for reimbursable expenses are set forth in Exhibit S, 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) Ii.om the effective date of this Agreement. In the third, fourth and fifth years of the Agreement, upon the request of Allen, Norton, the County Attorney is Page 1 of 18 'J-t~\... ,jf<~ r)r,nQ _.)',,0' .:.: of 20 authorized to negotiate to increase the hourly rate up to a maximum often (l0) percent without approval by the Board of County Commissioners. In the negotiation process, AlIen, Norton must substantiate the reason the request is being made (i.e. market conditions, increase in CPI, etc.) 1.3 Multiple Attomey Assignments. The County acknowledges that, from time to time, it may be advisable for AlIen, Norton 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, Allen, Notion agrees to the folIowing procedures and billing limitations for multiple attomey assignments. 1.3.1 A plimary attorney will be identified for such projects or cases and that attorney wilI be the sole contact attorney for the County, exccpt in the case of an emergency or the County's written pre-approval. In practice, this means that generally only the primary atlomey will meet or communicate directly with County personnel or attend meetings, COUlt, arbitrations, mediations or other proceedings on behalf of the County. 1.3.2 Attorneys assigned to a project or case other than the primary attomey will be less senior attorneys with lower billing rates unless the additional attomey(s) haslhave a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. 1.3.3 Allen, Norton agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the absolute minimum necessary for the provision of the legal services in question. To the extent Page 2 ofl8 VJ-~C ._--,- --"--,~ ^.~_..,--'---- ; ,~~ , ,..." ~i3 20C 3 .~ S::;[ 20 internal or in-house conferences among multiple attorneys assigned to a project or case are necessary, each such attorney may bill at his or her customary rate for up to thirty (30) minutes for any such conference. To the extent such a conference exceeds thiliy (30) minutes in length, Allen, Norton agrees that it will discount the total billings for all attomeys involved in the conference by forty-five (45) percent. For example, if three (3) attorneys meet in conference for thil1y (30) minutes and each such attorney bills at $200.00 per hour, the total billing to the County for that conference shall be $300.00. If the same three (3) attorneys meet for two (2) hours in conference, however, the total billing to the County shall be calculated as follows; three (3) attorneys times two (2) hours times $200.00 equals $1,200.00 discounted by 45% equals total billing of $740.00. 1.4 Allen, NOtion 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 duc 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 fmih in this Agreement and must be submitted on the fOtm and pursuant to the instruction prescribed by County. Payment may be withheld for failure of Allen, Norton to comply with a tcnn, condition, or requirement of this Agreement. Page 3 of 18 ~\C !~,C';m l\jc. :3 ~(.2 ~~~br~3ry 2'3. 2DD3 ':' {,,-r .-,~ U ,--), ..:..'J .- 1.6 Payment shall be made to Allen, Norton at: Allen, Norton, & Blue, P.A. 324 South Hyde Park A venue Suite 350 Tampa, Florida 33606 ARTICLE 2 INSURANCE 2.1 In order to insure the indemnification obligation contained above, Allen, Norton 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 Dollars ($3,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by Allen, Norton 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-rencwal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assil,'Iled 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. .. Irk \,L Page 4 ofl8 ~---- -,_._~--' - .'- ,..--- :~ i ~) ",:,T ";,., -', ",::li::?, ,,-c: 7J~ 2;] 2.3 Allen, Norton shall furnish to the Risk Management Director Certificates oflnsurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3. ] The term of this Agreement shall be for a period of three years to begin Febmary 26, 2008 and to end on February 26, 2011, 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 patties for two (2) additional terms of one (1) ycar each. (In the event the term of this Agreement extends beyond a single fiscal year of County, the continuation of this Ai,'reement beyond the end of any fiscal ycar 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 pmties hereto, and attached to the original of this Agreement. " ~~ v'>> Page 5 of 18 I I , :l{::;:r f'Jo. ~v<") 0,'..... 26,20[:;3 ~Cjgs 3 of :0 ARTICLE 4 TERMINATION 4.1 This Agreement may be terminated 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 accordance with the "NOTICES" section of this Agreement. 4.2 Termination oflhis Agreement for cause shall include, but not be limited to, failure to suitably perfOlm 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, Allen, Norton shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified ofCounly's election to terminate, Allen, Norton shall refrain from performing further services or incurring additional expenses under the term of this Agreement. Allen, Norton acknowledges and agrees that Ten Dollars ($10) of the compellsation to be paid by COUllty, the adequacy of which is hereby acknowledged by Allen, Norton, is given as specific consideration to Allen, Norton for COUllty'S right to teIminate this Agreement for convellience. Allen, Norton's obligations to the COUllty as provided for hereunder shall cease UpOll 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. -<> ~0 Page 6 of J 8 tfA .--..--.'. ~--'-+ ..''''......--. ~ , 0 -~ '", ~,~ ~~ :::j :' ,::' ~J ARTICLE 5 RECORD AUDIT AND INSPECTION 5.1 County shall have the right to audit the books and records of Allen, Norton pertinent to the funding under this Agreement. Allen, NOlion shall preserve and make available, at reasonable times for examination and audit by County, all financial records, suppOliing documents, and other documents pertinent to this Agreement for a period of three (3) years after tennination 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 Allcn, Norton's records, Allen, Norton shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Allen, NOtion. ARTICLE 6 CONFLICT OF INTEREST 6.1 Allen, Norton states that it is familiar with and will comply with the tel1TIS and conditions of Chapter 112, Pati III, Florida Statutes (Code of Ethics). 6.2 It is important that Allen, Norton be independent and impartial in order to properly conduct its services to the County. Allen, Norton shall not acl as counsel in any lawsuit ~l Page 70flS fr , .n :lern )';8. "i G<2 FC[l.'L'-::>rv .---,,~ ~nng ~ ';P~':;{e ~;-6 ~(2,J or other adversary proceeding in which County is named as an adversary party or in which Allen, Norton takes an adverse position to the County. 6.3 Neither Allen, Norton nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Allen, NOlion's loyal and conscientious exercise of judgment related to its performance under this Agreement. 6.4 In the event Allen, Norton is permitted to utilize subcontractors, herein, to perform any services required by this Agreement, Allen, Norton 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 Allen, Norton's 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, Allen, Norton will contact the County Attomey's Office before undertaking such representation so that it can be determined whether a contlict of interest exists. ARTICLE 7 INDEMNIFICATION 7.1 Allen, Norton acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Allen, Norton, is given as specific consideration to Allen, Norton so that Allen, Norton shall at all times hereafter indemnify, hold hmmless and, at County's option, defend or pay for an attorney selected by County to defend County, its officers, agents, servants, and employees against -. i--v~l Page 8 of 18 .- __0___'...'. c, "__ 1"--\ - , ., , any and all claims, losses, liabilities, and expenditures of any kind, including attomey fees, court costs, and expenses, caused by negligent act or omission of Allen, Norton, its employees, agents, servants, or officers, or accruing, resulting fi'om, 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 tetmination of this Agreement. To the extent considered necessary by County, any sums due Allen, Norton under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Ab'I"eement have been settled or otherwise 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 rep0l1s, photographs, surveys, and other data and documents provided or created in connection with this Ab'I"eement are and shall remain the prope11y of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Allen, Norton, whether finished or unfinished, shall become the property of County and shall be delivered by Allen, Norton to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Allen, Norton shall be withheld until all documents are received as provided herein. Page 9 of 18 i0( C (-:-::r r,Jo, ~ 5K2 2,3. 2008 ;2 of 20 ARTICLE 9 INDEPENDENT CONTRACTOR 9.1 Allen, Norton is an independent contractor under this Agreement. Services provided by Allen, Norton shall be subject to the supervision of Allen, Norton, and such services shall not be provided by Allen, Norton 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 Allen, Norton shall notllnlawflllly discriminate against any person in its operations and .- activities in its use or expenditure of the funds or any pOltion 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 palt by County, including Tilles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, f,'Uidelines, and standards. 10.2 Allen, NOlton's 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. '-, Page 10 ofl8 vvll .,.,._._'m "---. -. ,0,<, . , <i. ~I ':')' :J:; :':::C\)] J'2J to.3 Allen, Norton 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, coior, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Allen, Norton shall take affirmative steps to ensme 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, telmination, rates of pay, other fonns of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. lOA Allen, Norton shall take affilmative 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 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 Allen, Norton shall not engage in or commit any discriminatory practice in performing the Scope of Services or any pmt 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, retum receipt 'e '1. Page 11 of 18 tI./V .-.- ,~,' l./ ') 21.:). ~D'J3 Pa~~s '" -4 J~ 20 ,- 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: County Attorney Govemment Center 3301 Tamiami Trail East Naples, Flotida 34112 FOR ALLEN, NORTON: Allen, Norton & Blue, P.A. 324 South Hyde Park Avenue Suite 350 Tampa, Florida 33606 ARTICLE 12 MISCELLANEOUS 8.1 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 consl1ued to be a modification of the terms of this Agreement. 8.1 COMPLIANCE WITH LAWS Allen, Norton shall comply with all federal, state, and local laws, codes, ordinances, lUles, and regulations in perfonning its duties, responsibilities, and obligations related to this Agreement. - t,M.tL Page 12 of18 -"""-"-- ~!',~ :'P !~\, ~":i :<\.8 =,~, 12.3 SEVERANCE In the event a portion of this Agreement is found by a COUlt of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Allen, Norton 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 LA W 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 palties agree that no deviation fi'om the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further ai,'Teed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a wlitten document in accordance with Article 3 above. 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. /)fA ~ ( Page 13of18 ----- I ()f<2 20(jg '16 of 20 DATE: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA A TrEST: DWIGHT E. BROCK, CLERK By: TOM HENNING, CHAIRMAN ~~~~1.L Scott R. Teach Managing Assistant County Attorney ALLEN, NORTON, & BLUE, P.A. DATE: By: JI!~ f M- Its: ..<< ~...l-I.t. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Retention Agreement was acknowledged before me this 13"ffl day of r::E:N2.1A lJP-^-I, 2008, by IY7 A /2.,,: .- I .,- t:::. F\.X1'';11S . ,.uJ.eii"Hol.A"F12- of Allen, Norton & Blue, I P.A., a Florida Professional Association, on behalf of the professional association. He/she is -- . ~. ersonally known to me or produced as identification. ~ Signature of CX:;;l3c~ ~X2?;J Name of Notary Pubh typed, pnnted or My Commission Expires: 1i) KIMBERLY MAXSON !-r :-.\ CommissIon DO 698670 ~~ .: Expires September 2,2011 ""~ IllmtdThruTlI71Fwtkll<<lira@3IS-1019 Page 14 of 18 -,,--_.- -'.----... I : ~ J. ~2 ,~\ :l5 .-.:OCi3 -i~ C; r :.:. (l EXHIBIT A For professional services rendered, Allen, N0I10n's fee shall be based on the hourly rate as follows: $220.00 pCI' hour for services provided by principals and associates $ 95.00 pel' hour for services provided by law clerks & paralegals. Allen, Norton's fee shall not exceed $100,000.00 per Purchase Ordcr without the approval of the I Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be agrced to when each assignment is made to Allen, Norton.) In the event that Allen, Norton is required or requested to perform any additional or extraordinary services not herein contemplated, Allen, Norton 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. Allen, NOIton 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 pro[,'fess of the case to date, an estimate of the amount or range of potential loss, and any other infOlmation considered necessary to explain the case. Allen, NOIton shall providc said response wlthin 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 01' department, as determined by the County Attorney in coordination with the County Manager. Page 15 of 18 ._~ !0<2 2UiJ3 ~)f ~o EXHIBIT B I. In addition to the charges for professional fees set forth in Exhibit A, and the Schedules attached hereto, County shall reimburse Allcn, Norton for out-of-pocket expenses reasonably incurred in the course of rendering such legal services, including costs oflong distance calls, printing, costs ofreprodnction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Allen, Norton 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. Allen, Norton 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 reasOllable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REOUIREMENTS 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 firms doing business with Collier County must have a current W-9 "Requcst for Taxpayer Identification Number and Certification" on file, >- Services rendered must be specifically and concisely identified, 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 Allen, NOlton for retention and utilization of sub-consultants. ,,<-. Page 16 of 18 ."._. ~-,~'~----,. -"~-_. ..~---'" c ~,j\, ., :Ji ~' i> Reimbursable expense must be verified by attached receipts or copies thereof. i> 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. i> Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge. )0. Car rentals required for travcl should include compact or standard-size vehicles only. ,. Common carrier travel shall be reimbursable at tourist or coach class fares only. ,. i> 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 CCltification 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 17 ofl8 I .~\genda Item i'Jo. "1 GK2 Fsb:-ua.ry 26, 2008 Page 2CJ of 20 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 tme and correct copy ofthe 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 ban.ed from entitlement to any part ofthese costs. RE: Invoice No. , Dated Period Covered: , Amount IN-HOUSE CHARGES: Photocopies: copies $ Mileage: miles $ OTHER (Copies of invoices reQuired): Long Distance Cans $ Other: $ TOTAL: $ FOR THE FIRM Signed: Print Name: Title: Date: 04.COA.Ol J58n92 rev I - Page 1801'18 --- . ~-'--,."..._._,.,._~'._. -,.-" '."~- ----,. ..'_..-