Backup Documents 10/08/2019 Item #16K 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO R4I'
61( 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK
4. BCC Office Board of County
Commissioners \ 4/ \a\q\%c\
5. Minutes and Records Clerk of Court's Office
PIT t o-IO-k a:L1P
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A.Klatzkow/County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 10/8/19 v Agenda Item Number 16K—
Approved by the BCC
Type of Document Amendment to Agreement for Legal Number of Original 1
Attached Services Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JAK
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/8/19 (enter date)and all changes JAK N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes,if applicable. line.
9. Initials of attorney verifying that the attached document is the version approved • th- JAK N/A not
BCC,all changes directed by the BCC have been made,and the document is rea' fort IF opt. n fox
Chairman's signature. e s e._
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revises 2.z ;Revised 11/30/12
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MEMORANDUM
Date: October 10, 2019
To: Jeff Klatzkow, County Attorney
Office of the County Attorney
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: An Amendment to Agreement for Legal Services for the
Retention Agreement with McLaughlin & Stern, LLP.
Attached for your records is a copy of the document referenced above, (Item #16K1)
approved by the Board of County Commissioners on October 8, 2019.
The original has been held by the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
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AMENDMENT' 'I'O AGREEMENT FOR LEGAL SERVICES
THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Retention
Agreement is entered into on the below date by Collier County, Florida,a political subdivision of
the State of Florida, through its Board of County Commissioners, hereinafter referred to as the
"County"and McLaughlin&Stem, LLP, (hereinafter referred to as "Counsel").
WITNESSETH
WHEREAS, on January 20, 2015, the County and Counsel entered into a Retention
Agreement (the "Agreement") 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 entitled
Term and Time of Performance is for a period of two (2) years with three (3) additional renewal
terms of one year per each term; and
WHEREAS, the current renewal term of the Agreement, is scheduled to terminate on
January 13, 2020; and
WHEREAS, the parties wish to amend the Agreement to extend the term of service for
providing these specialized legal services for an additional two (2) years, with similar renewal
terms,and an effective commencement date of January 13,2020; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree to amend the Agreement as follows:
Article 3 entitled Term and Time of Performance is amended as follows:
ARTICLE 3
TERM ANI) TIME OF PERFORMANCE,
3.1 The term of this Agreement shall be for a period of two (2) years to begin January 13,
20-14 2020 and end on January 13, 2017 2022, 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 (1) 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.
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.
[04•COA-011581149501411)
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IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
on thisik thisday ofC3cseave - , 2019, with the intention to attach this Amendment to
the original Agreement.
ATTF.S`1';� �.w ;4'0� BOARD OF COUNTY COMMISSIONERS
a' Ca ystal . c, COLLIER CO : L' DA
11,4 4,,,,-.--:".-) 7 (....."). ,
By: �;' • Pi/ By: :!.. 010
K, 5t'asfo.►ai`„••,'s;.. ty Clerk Will',m L. McDanle ,Jr., Chau an
S[.' a .R,,''
Appro -• Iso 4,.ti3 and-legality:
I MK
Jeffrey '!'. Kir,. •
County ttorn
McLaughli' & Stern, LL
- ..",‘7
By: •
•STATE OF i\'� ” Its. r r '. r'.. -- ',
COUNTY OF t..„,Jv
The foregoing Retention,agreement was ackuwledged before me this 1�•t day of
\...--,- ,2019, by ( 4i t as \--- of McLaughlin& Stern,
LLP on behalf of . He/she is personally known to me or produced
as identification.
7
•
Signature of Notary Public
Name of Notary Public typed, printed or
My Commission Expires:
BM.JACOBS
NopubRADlic,State of New York
No.02JA6042736 ttyy
Qualified in WeSi es June 5,202! `�
Commission Expires Item#
PDate.cenda`---�-�--1_O'.a e
Recd `- —
[04-COA-011581149501411] Date in'
puty Cle J is 1
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Retention Agreement With
Mcl.a110h1in S Stern, LLP
This Retention Agreement is made by and between the Board of County Commissioners
of Collier County, Florida (the "County"), and the law firm of McLaughlin & Stem, LLP (the
"Firm").
Whereas, the Firm has special expertise and resources in a wide range of sophisticated
legal concerns, with particular expertise and knowledge concerning the procurement of
bioreactor and solid waste construction projects; and
Whereas, the County from time to time has a requirement and need for legal services
which are particularly within the expertise of the Firm;
Now, therefore, in consideration of the premises contained herein, the County hereby
hires and retains the Firm and the Firm hereby agrees to provide legal services to County.
ARTICLE I
COM PENSATION; M ETHOD OF PAYMENT
1.1 Compensation shall be paid to the Firm 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. 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 from the effective date of this Agreement. In the subsequent years of the
Agreement, upon the request of the Firm, the County Attorney is authorized to negotiate
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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, the Firm must substantiate
the reason the request is being made(i.e.market conditions,increase in CPI,etc.)
1.3 Multiple Attorney Assignments.
The County acknowledges that, from time to time, it may be advisable for the Firm 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, the
Firm 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 attorney 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.
1.3.2 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.
1.3.3 The Firm agrees that internal or in-house conferences among multiple
attorneys assigned to a project or ease 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
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up to thirty (30) minutes for any such conference. To the extent such a
conference exceeds thirty (30) minutes in length, the Firm agrees that it will
discount the total billings for all attorneys involved in the conference by forty-
five (45)percent.
1.4 The Firm 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.
1.5 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 he withheld for failure of the Firm to comply with a term,
condition,or requirement of this Agreement.
1.6 Payment shall be made to the Firm at:
McLaughlin& Stern,LLP
Newgate Office Tower
5150 Tamiami Trail North, Ste. 602
Naples,Florida 34103
ARTICLE 2
INSURANCE
2.1 In order to insure the indemnification obligation contained above, the Firm 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 the Firm to comply with the insurance requirements contained
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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.
2.2 Such policy or policies shall he 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.
2.3 The Firm shall furnish to the Risk Management Director Certificates of Insurance or
endorsements evidencing the insurance coverages specified by this Article prior to
beginning performance of work under this Agreement.
ARTICLE 3
TERM ANI)TIME OF PERFORMANCE
3.1 The term of this Agreement shall be for a period of two (2) years to begin January 13,
2015 and to end on January 13, 2017, 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 (1)
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.)
3.2 Time shall be deemed to be of the essence in performing the duties, obligations and
responsibilities by this Agreement.
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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.
ARTICLE 4
TERMINATION
4.1 This Agreement 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"NOTICES"section of this Agreement.
4.2 Termination of this Agreement for cause shall include, but not he 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 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, the Firm shall be paid for any
services performed to the date the Agreement is terminated; however, upon notice by
either party to terminate, the Firm shall refrain from performing further services or
incurring additional expenses under the term of this Agreement. The Finn acknowledges
and agrees that Ten Dollars ($10) of the compensation to be paid by County, the
adequacy of which is hereby acknowledged by the Firm, is given as specific
consideration to the Firm for County's right to terminate this Agreement for convenience.
The Firm'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 files or copies of files to the County or its designee:
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ARTICLE 5
RECORD AUDIT ANI) INSPECTION
5.1 County shall have the right to audit the books and records of the Firm pertinent to the
funding under this Agreement. The Finn 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
findings have not been resolved at the cnd 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 the Firm's records, the Firm shall comply with all requirements thereof,
however, no confidentiality or non-disclosure requirement of either federal or state law
shall be violatedby the Firm.
ARTICLE 6
CONFLICT OF INTEREST
RI'ST
6.1 The Firm states that it is familiar with and will comply with the terms and conditions of
Chapter 112,Part III,Florida Statutes(Code of Ethics).
6.2 It is important that the Firm be independent and impartial in order to properly conduct its
services to the County. The Firm shall not act as counsel in any lawsuit or other
adversary proceeding in which County is named as an adversary party or in which the
Firm takes an adverse position to the County.
6.3 Neither the Firm nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic or
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incompatible with the Firm's loyal and conscientious exercise of judgment related to its
performance under this Agreement.
6.4 In the event the Firm is permitted to utilize subcontractors, herein, to perform any
services required by this Agreement,the Firm 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 the 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, the Firm will contact the County Attorney's
Office before undertaking such representation so that it can be determined whether a
conflict of interest exists.
ARTICLE 7
INDEMNIFICATION
7.1 The Firm acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be
paid by County, the adequacy of which is hereby acknowledged by the Firm, is given as
specific consideration to the Firm so that the Firm 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 the Firm, 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
of this Agreement. To the extent considered necessary by County, any sums due the
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Firm under this Agreement may be retained by County until all of County's claims for
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.
ARTICLE 8
OWNERSI-11 P 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 the Firm, whether finished or unfinished, shall
become the property of County and shall be delivered by the Firm to the County within
seven (7) days of termination of this Agreement by either party. Any compensation due
to the Firm shall be withheld until all documents are received as provided herein.
ARTICLE 9
INDEPENDENT CONTRACTOR
9.1 The Firm is an independent contractor under this Agreement. Services provided by the
Firm shall be subject to the supervision of the Firm, and such services shall not be
provided by the Finn 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
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10.1 The Firm shall not unlawfully discriminate against any person in its operations and
activities in its use or expenditure of the fiends or any portion 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 part by County, including Titles I and 11 of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines,
and standards.
10.2 The Firm'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.
10.3 The Firm 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, the Firm shall take affirmative steps to ensure
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, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including apprenticeship),
and accessibility.
10.4 The Firm shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age,religion, color, gender, national origin,
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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 The Firm 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
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, 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 Attorney
Government Center
3299 Tamiami Trail East
Suite 800
Naples,Florida 34112
FOR THE FIRM:
Scott C. Rowland
McLaughlin&Stern,LLP
Newgate Office Tower
5150 Tamiami Trail North, Ste.602
Naples,Florida 34103
ARTICLE 12
MISCELLANEOUS
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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 construed to be a modification of the terms of this Agreement.
8.1 COMPLIANCE WITH LAWS
The Firm shall comply with all federal,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 the
Finn 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 LAW 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
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i
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 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.
DATE: a _ t j BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK,CLERK
_ 46/ , I - By: L __..G " -
Attes s .�''r� an's TIM NANCE,CHAIRMAN
signature bnly.`
Approved as to ford) and legality
Scott R.Teach
Deputy County Attorney
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McLau{;hai Stern, I,LP ,./7,-./..: (
DATE: (z /7 /c. ? .% Ri,_(...K----
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y'
11, .16r1A,L2/____,d_thet
STATE OF FLORIDA
COUNTY OF.__. .7.42/1;.,p1:.
The foregoing Retention Agreement was acknowledged before me this ji-aay of
}v(_.by e' • i d4 as Atm,ly At of McLaughlin&Stem,LLP,a
Florida Limited Liability Partnership with offices in Naples,Florida, on behalf of the firm.
He/she iS personally known tope')
or produced _ as
identification, ='
—svr
S.: atufiof Nofar ublic
,,r� Nat�ry public mesa'Iwo.
P ScoU C Rend
*Commission Ff 013440 �'// /
1,, Name of Notary Public typed,printed or
My Commission Expires:
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EXHIBIT"A"
For professional services rendered,the Firm's fee shall be based on the hourly rate as follows:
Senior Partners/Counsel $450 per hour
Jeffrey Arough,Esq.
Randall F. Hafer,Esq. (Consulting Counsel)
Geoffry R. Handler,Esq.
- Eric Honick,Esq.
Walter Lion,Esq.
- William"Robbie"Poplin,Esq. (Consulting Counsel)
Keith Richardson, Esq. (Consulting Counsel)
- Marc G.Rosenberg,Esq.
Steven W. Schuster,Esq.
John P. Vayda, Esq.
Local Partners $350 per hour
- Christopher Marsala,Esq.
- Scott C.Rowland,Esq.
Associate Attorneys $225 per hour
Paralegals $100 per hour
The Finn'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
the Finn.)
In the event that the Firm is required or requested to perform any additional or extraordinary
services not herein contemplated,the Firm 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.
The Firm 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. The Firm
shall provide said response within 30 days of receipt of the request.
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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 or department, as determined by the County Attorney
in coordination with the County Manager.
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EXHIBIT B
1. In addition to the charges for professional fees set forth in Exhibit A, and the
Schedules attached hereto, County shall reimburse the Firm for out-of-pocket
expenses reasonably incurred in the courseof 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. the Firm
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. The Firm 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.
3. JZEOUIREMHNhS
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"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 the Firm for retention and utilization of
sub-consultants.
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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. 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.
➢ Car rentals required for travel should include compact or standard-size vehicles
only.
D 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
Certificate contained in Exhibit C 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
16K 1
EXHIBIT C
CERTIFICATE
IT IS HEREBY CERTIFIED that:
1, 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 barred from entitlement to any part of these
costs.
RE: Invoice No. , Dated
Period Covered: ,Amount
IN-HOUSE CHARGES:
Photocopies: — —__copies @$0.1 5/each $
Mileage: miles @, /mile $
OTHER(Conies of invoices required):
Long Distance Calls $-__._ ___-^__
Other: $
TOTAL:
FOR THE FIRM
Signed:Print Name:
Date: — — —
04-c0a-01166+2071 -- ----
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