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Agenda 03/09/2021 Item #16K 3 (1st Amendment to Tetention Agmt w/Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.)16. K.3 03/09/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to sign a First Amendment to Retention Agreement with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., to provide specialized FEMA legal services on an "as needed" basis by exercising the first renewal term and adjusting the current rates, which will remain in effect as revised without further change for the next three years. OBJECTIVE: To obtain approval of a First Amendment to Retention Agreement with Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. to provide specialized legal services on an "as needed" basis. CONSIDERATIONS: Attached for the Board's review and consideration for approval is a proposed First Amendment to Retention Agreement (the "Amendment") with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. ("Counsel"). This request seeks approval of the Amendment to adjust the firm's rates, which have been unchanged for the last two years, and to authorize an extension of the renewal term under the Retention Agreement effective as of April 23, 2021. The new proposed rates will remain in place unchanged for the next three years. The Retention Agreement with Counsel does not address any specific project or assignment but rather sets forth the criteria under which payment will be made when services are requested. Although this firm has a wide array of legal expertise, the County generally requests services on an as -needed basis in matters concerning the recovery of Federal Emergency Management Agency ("FEMA") funds. The rates charged by Counsel varies, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. The County works primarily with the firm's attorney, Ernest B. Abbott, a past General Counsel for FEMA. Mr. Abbott's services were instrumental in the County's past appeal and subsequent recovery of substantial amounts of FEMA beach restoration funds that had been de -obligated by that federal agency related to Hurricanes Katrina and Wilma. FISCAL IMPACT: The approval and execution of the proposed Retention Agreement has no fiscal impact in and of itself, but there will be a fiscal impact in accordance with the terms and conditions of such contracts, upon the County's request for legal services. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chair to execute the attached First Amendment to Retention Agreement with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. for specialized legal services requested on an as -needed basis. Prepared by: Scott R. Teach, Deputy County Attorney ATTACHMENT(S) 1. First Amend Retention Agreement BDBCB 021621 srt (PDF) 2. Backup Documents 05_28 2019 Item #16K10 (PDF) Packet Pg. 1057 16. K.3 03/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3 Doc ID: 15078 Item Summary: Recommendation to approve and authorize the Chair to sign a First Amendment to Retention Agreement with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., to provide specialized FEMA legal services on an "as needed" basis by exercising the first renewal term and adjusting the current rates, which will remain in effect as revised without further change for the next three years. Meeting Date: 03/09/2021 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Jessica Hayes 02/16/2021 10:48 AM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 02/16/2021 10:48 AM Approved By: Review: County Attorney's Office Office of Management and Budget Budget and Management Office County Attorney's Office County Manager's Office Board of County Commissioners Scott Teach Level 2 Attorney Review Laura Wells Level 3 OMB Gatekeeper Review Mark Isackson Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Dan Rodriguez Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 02/23/2021 8:23 AM Completed 02/23/2021 9:49 AM Completed 02/23/2021 3:04 PM Completed 02/24/2021 10:18 AM Completed 02/28/2021 4:40 PM 03/09/2021 9:00 AM Packet Pg. 1058 16.K.3.a FIRST AMENDMENT TO RETENTION AGREEMENT THIS FIRST AMENDMENT TO RETENTION GREEMENT 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 Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., (hereinafter referred to as "Counsel"). WITNESSETH WHEREAS, on May 31, 2019, the County and Counsel entered into a Retention r Agreement (the "Agreement"), with an effective date of April 23, 2019, wherein the County agreed to retain Counsel to provide professional specialized legal services that has particular expertise in representing public agency clients on issues arising under the laws, regulations, and a policies of the Federal Emergency Management Agency ("FEMA"); and 0 WHEREAS, the professional services to be rendered as specified in Article 3 of the Agreement provides for an initial two-year (2) term with three (3) additional renewal terms of one year per each term; and y L_ U_ WHEREAS, the initial term of the Agreement, is currently scheduled to terminate on co April 22, 2021, unless otherwise renewed; and o T WHEREAS, the rates for the firmhave remained unchanged for the first two years of the L Agreement as set forth in Article 1, subsection 1.2, of the Agreement; and r N WHEREAS, the Parties wish to amend the Agreement to exercise the first renewal term N under the Agreement and to adjust the rates in accordance with the current standard rates that m Counsel extends to other public agencies; and o m NOW, THEREFORE, in consideration of the mutual promises and covenants contained r_ herein, the Parties hereto agree to amend the Agreement as follows: E The Parties agree to exercise the first renewal term as provided in Article 3, Term and Time of Performance, under the Agreement effective as of April 23, 2021. 2. Exhibit "A" to the Agreement, which contains the rates of compensation that Counsel will charge upon providing its specialized legal services is amended, and the amended rates shall remain in effect without change for three (3) years effective as of April 23, 2021 forward, as follows: Packet Pg. 1059 16.K.3.a EXHIBIT A For professional services rendered, Baker Donelson's fee shall be based on the following hourly rate: Attorney Ernest B. Abbott Shareholder rate (not to exceed) Associates/Disaster Specialists Paralegals / Legal Assistants Billing Rate $510.00 $550.00 per hour $380 to $475.00 per hour 230.00 to 300.00 per.hour $200 per hour Baker Donelson'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 Baker Donelson.) In the event that Baker Donelson is required or requested to perform any additional or extraordinary services not herein contemplated, Baker Donelson 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. Baker Donelson 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. Baker Donelson shall provide said response within 30 days of receipt of the request. 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. r L Packet Pg. 1060 16. K.3.a Except as modified by this First 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 First Amendment and the Agreement, the terms of this amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement on this day of , 2021, with the intention to attach this amendment to the original Agreement. ATTEST: Crystal K. Kinzel, Clerk of Courts and Comptroller LN , Deputy Clerk Approved as to form and legality: Scott R.Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Commissioner Penny Taylor, Chairman BAKER, DONELSON, BEARMAN, CALDWELL & BE WITZ P.C. B Y= Its: a CD i-t nJ s EL JS of (4A G �C V��i� LA� COUNTY OF 4 The foregoing R entio A em nt was ac o ledged b fore me this Nl(day of 2021, by Yh� as of Baker, Dgnelson, Bearman, aldwell & Berkowitz, P.C., on behalf of r m SY t,�. He/she is personally known to me or produced as identification. laj�' a, dm& rgnature of No y Public CDoauft ed by: j oFeee2e28c684c2... Name of Notary Public typ d, printed or My Commission Expires: 01 Nw � a Packet Pg. 1061 Z6K10 RET ENT)€ON AGREEIIEN_WWII'Fll This Retention Agreement is made by and betwoen the Road of County Commissioners of Collier County, Florida (the "County*), and the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., of Washington, DC ("Counsel"). Whereim Counsel has special expertise and resources m a wide range of legal marters, with particular expertise in representing public agency clients on issues arising under the laws, regulations, and policies of the Federal Emergency Management Agency ("FEMA), including but not limited to matters seeking to reNem the deobligation of FEMA assistance grants; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Counsel; Now, therefore, in consideration of the premises contained herein, the County hereby hires and retains Counsel and Counsel hereby agrees to provide legal services to County. ARTICLE I COMPENSATION; METHOD OF PAYMENT 1.1 Compensation shall be paid to Counsel in accordance with the terms set forth in Exhibit "A" attached hereto and made a part hereof. Requirements for reimbursable expenses arse set forth in Exhibit "B," attached hereto and made a part hawf. Expenses other than automobile expenses roust 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 fortis in Exhibit "A" shall remain in ef%ct without change for a minimum of two (2) years from the effective date of this Agreement. In the subsequent years of the NO Packet Pg. 1062 16.K.3.b -" 16K10 Agreement, upon the request of Counsel, the County Aftomey is authorized to negotiate to increase the hourly rate up to a maximum of ten (10) percent without approval by the Board of County Commissioners. In the negotiation process, Counsel must substantiate the reason the request is being made (i.e. market oonditionsy increase in CPI, etc.) 1.3 Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Counsel to assign more than one: attorney to a project or case. Nevertheless, to ensure that such multiple attorney assignments are efficient and cost-effective for the County, Counsel agrees to the following procedures and billing limitations for multiple attorney assignmenm 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 tower billing rates unless the additional attomy(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 Counsel agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the minimum reasonably necessary for the provision of the legal services in question. To the extent internai ar in- 2 0 —_ Packet Pg. 1063 } 16K10 house conferences among multiple attorneys assigned to a project or case are necessary, each such attorney may bill his or her customary rate for up to thirty (30) minutes for any such conference. To the extent such a conference exceeds thirty (30) minutes in length, Counsel agrees that it will discount the total billings for all attorneys involved in the conference by forty-five (45) percent. 1.4 Counsel 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 roust Comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County_ Payment may be withheld for failure of Counsel to comply with a term, condition, or requirement of this Agreement. 1.6 Payment shall be made to Counsel at: Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 920 Massachusetts Avenue, N.W. Suite 900 Washington, DC 20001 ARTICLE 2 INSURANCE 2.1 To insure the itxitmniticaflim obligation contained above, Counsel shall as a minimum, provide, pay for, and maintain in form at all times during the term of this Agreement, professional liability insurance in an amount not less than Three Million Dollars 3 (A Packet Pg. 1064 16K10 ($3,000,000.00) Per Occurrertce, CombhW Single Limits. if any liability insurance obtained by Counsel to comply with the insurance requirements wined herein is issued on a "claims made" form as opposed to an "oecurr+ence" form, the reftadive date for coverage steal I be no later than the eommencernerrt 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 aoceptanee 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. 2.3 Counsel shall fumish to the Risk Management Director Certiftcabm of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. The term of this Agreement shall be for a period of two (2) years to begin April 23, 2019 and to card on April 22, 2021, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminzte, 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 4 Packet Pg. 1065 16.K.3.b 16K10 Agreement beyond the end of any fiscal year siren be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) 3.1 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement 3.2 Any amendments, alterations, variations, modificMions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties bereto, and attached to the original of this Agreement ARTICLE 4 TERNMATION 4.1 This Agreement may be terminated by either party for eause upon ten (10) days' notice or by either party for convenia= 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 be limited to, failure to suitahiy 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 notwithstmWing whether any such breads was previously waived or cured. 4.3 In the event this Agreement is terminated for convenience, Counsel stall be paid for any services performed to the date the Agreement is terminated; however, upon notice by either party to terminate, Counsel shall refrain ftnm performing futh r services or incurring additional expenses under the term of this AgneernenL Counsel acimowledges and agrees that Teri Dollars ($10) of the compensation to be paid by County, the adequacy s A Packet Pg. 1066 1 6K10 of which is hereby acknowledged by Comm], is given as specific consideration to Counsel for County's right to terminate this Agreement for cone niome. Counsel's Obligations to the County as provided for hereunder shall upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. ARTICLE 5 IT An LaPECTION 5.1 County shall have the right to audit the books and retards of Cmnsel pertinatt tea the funding under this Agreement. Counsel 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 end of the three years, the hooks and records shell 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 Counsel's records, Counsel shall comply with all requirements thereof, however, no ovuftdenrtiality or non -disclosure requirement of either federal or state law shell be violesed by Counsel. ARTICLE b T 6.1 Counsel states that it is familiar with and will comply with the terms wvd conditions of Chapter 112, Part i11, Florida Statutes (Cade of Ethies). 6 Packet Pg. 1067 c-V v_ 16.K.3.b �6K! 06 a� 3 6.2 it is important that Counsel be independent and impartial to property conduct its services � to the County. Counsel shall not act as counsel in any lawsuit or other adversary proceeding in which County is named as an adversary parry or is which Counsel takes an adverse position to the County. 6.3 Neither Counsel nor its employees shall have or hold any continuing or frequently recurring employment or contractual rekionship that is substantially antagonistic or incompatible with Counsel's loyal and conscientious exercise of judgment related to its performance under this Agreranent. 6.4 In the event Counsel is permitted to utilize subcontractors, herein, to perform any services required by this Agreentent, Counsel 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 Counsel's firm represents a client in matters having to do with the Collier County government, be it before the Hoard of County Commissioners or any other agency or division of Collier County govermnent, Counsel 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 [NDEiViNIFI��T 7.1 Counsel acknowledges and agrees that Tat Dollars ($10.00) of the eannpatsation to be paid by County, the adequacy of which is hereby acknowledged by Counsel, is given as specific consideration to Counsel so that Counsel shall at all times hereafter indemnify County, its officers, agents, servants, and employees against any and all claims, losses, :AC Packet Pg. 1068 liabilities, and expenditures of any kind, including attorney foes, court costa, and expenses, caused by negligent act or omission of Counsel, 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 corusidered necessary by County, any sums due Counsel under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agtmmmt have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of inu meat by County. ARTICLE 8 OWNERSFHP Q1 DOCUbUNTS S.l 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 A greeernent, any reports, photographs, surveys, and other data and docurssents prepared by Counsel, whether finished or unfinished, shall become the property of County and shall be delivered by Counsel to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Counsel shall be withheld until all documents arse roaeived as provided herein. I 16KI Packet Pg. 1069 16K10 ARTICLE 9 EPEND 9.1 Counsel is an independent contractor under this Agreement. Services provided by Counsel small be subject to the supervision of Counsel, and such samccs shall not be provided by Counsel as officers, employees, or agents of the County. The parties expressly aclmowledge that it is not their intent to create any rigs or obligations in any third person or entity under this Agreement. ARTICLE 10 NONDISCRIMINATION, EQUAL OPPORTUWff IO.I Counsel 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 fwxis 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 l and 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 10.2 Counsel's decisions regarding the delivery of servicxis under this Agreement shall be made vMhout regard to or consideration of nice, age, religion, color, gender, sexual orientation natkMal 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. 4 Packet Pg. 1070 z 16.K.3.b 1 6K 10 10.3 Counsel 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, stational origin, marital status, political affiliation, or physical or mental disability. In addition, Counsel shall take affirmative steps to ensure nondiscrimination in employment against disabW persons. Such actions shall include, but not be limited to, the fallowing: 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 Counsel shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gander, 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, terns and conditions of employment, training (including apprenticeship), and accessibility_ 10.5 Counsel shall not engage in or commit any discriminawry practice in performing the Scope of Services or any pert of Scope of Services of this Agreement. ARTICLE 11 N077CES t 1.1 Whenever either pasty 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 to a Packet Pg. 1071 16KIC 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 COUNSEL: Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 900 Massachusetts Avenue, N.W. Suite 900 Washington, DC 20001 ARTICLE 12 MISCELLANEOUS 12.1 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. I2.2 COMPLIANCE WITH LAWS Counsel 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. 0 Packet Pg. 1072 16K1 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 Counsel elect to terminate this Agrmnent. The election to termirfe this Agmement based upon this provision shall be made within seven (7) days aim the finding by the court becomes final. 12.4 APPU!QABIEt.AWAND VENUE This Agrcenn mt shall be intwpmtad and consented 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 AGRUMENM This doeurnent supersedes all prior negodarions, wr espaedenm 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 Agse ritent that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hcraof shall be predicated upon anv prior representations or agreements, whets oral or wriaten. It is further agreed that no rnodification, amendment or sheration in the teams Of conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above. 12.6 [h!!QQB RATION BY REFERDn The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A," "B." and "C" are incorporatod into and made a part of this Agreement. t2 aA Packet Pg. 1073 I 16.K.3.b I DAM: ATTEST: CRYSTAL K. KINZEL, CLERK 0 • C_ - si as to Cha' 4l$ (3 S'tiptpre only. A ed as to form ity Scott R. Teach Deputy County Attorney ! 6KI BOARD OF COUNTY COMMISSIONERS OF COLLIER LORIDA By wi am U Mc C Ir- rman ltsM # tIc-f--'Lc) Dale Cj.�C iI- Redd .�---- Deputy Baker, Bearman, ell �Yt Berkowitz, P.C. DATE: �� r �� r 3 + a t71 �} Its: CITY OF WASHINGTON DISTRICT OF COLUMBIA The foregoing Retention Agreement was acknowledged before me this [ 3'-1' day of Al -Ay . by F►2nlEsT l`�. ! f 68C7ias F Onu kdF-L of Baker, Donclaose, ecarmar+, Caldwell & Berkowitz, F.C., on Iadvdf of the professional associati(m. Hd4w is personally known to me or produced _ as idenoficafion. eve M • At1t YAlfialrli sic.' pR't oG� : c '_ IA)d�rrjboft X,20 - ExP. n x Name of Notary Public typed, printed or dr 1E a - - 31- Z 0 = r My Commission Expires: i �C r OF f n�'��� 13 L Packet Pg. 1074 1 I 16.K.3.b I EXRMff "A" For professional services rendered, Counsel's fee shall be based on the houriy raft as follows_ 13rrnest B. Abbott Partners (not to exceed) Associates (not to exceed) Paralegals 1 Legal Assistant S 510.00 per hour $ 370.00 per hour S 350.00 per hour $ 200.00 per hour f 6K10 Counsel'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 "riot to exceed" sum shall be agreed to when ewh assignment is made to Counsel) In the event that Counsel is required or requested to perform any additional or extraordinary services not herein contemplated, Ca msel 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. Counsel shall provide, at no oast to County, the annual response to Cow-Ay's auditors regarding pending or ftearened litigation►. Tice auditors typically request infornuefion 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 ommider+ed necessary to explain the ease. Counsel shall provide said response within 30 days of receipt of the request. NOTES: • Divisions, or departments within such divisions, shall be nsportsibie 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. 14 Packet Pg. 1075 11 16K10 LXMBIT B 1. In addition to the charges for professional fees 9d forth in Exhibit A, and the Schedules attached hereto, County shall reimburse Counsel for out-of-pocket expenses reasonably incum:d in the course of rendering such legal services, including costs of long distance palls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Coiuisel 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. Counsel shall submit invoices on a monthly basis for the payment of out-of-pocket expenses. Each invoice shall include a signed certificate listing all casts, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for winch reimbursement is sought as set forth below. -.r, Y- Jrr -I The fallowing represents Collier County's payment requirements for legal costs Y Your fedetal employee identification number must be on all invoices submitted. A 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 WA "Request for Taxpayer Identification Number and Certification" on file. Services rendered must be specifically and concisely identified: 30- Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Coumel for retention and utilization of sub -consultants. is Packet Pg. 1076 1 16K10 Reimbursable expense moist be verified by attached receipts or copies thereof. a Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. Mc& and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. Y Claims for lodging at single rate (actual cast) must be substantiated by paid bill or charge:, with a cap of no more they $ 150.00 per night. Y Car rentals required for travel should include compact or standard -size vehicles only. i� Common carrier travel shell be reimbursable at tourist or coach class fares only. D Accounting Division requires original roeeipts, 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. i, Faxes shall not be reimbursed a Leo Research costs (L,exis-Nexis, Westlaw, etc.) droll not be reimbursed 16 EA) ` Packet Pg. 1077 SIT C CERTIEIC_ATE rr IS HEREBY CERTIFIED that: 1. has been duly designated as special counsel to 2. 3. 111 render legal services or provider of services For or on behalf of Collier County; Each of the documents hereinafter identified and attached is a true and correct copy of the original record; Expenditt re(s) enumerated represent ooats Drily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; Claims are in compliance with the applicable star= and administrative orders, and with the express provision that all other parties arc barred from entiternent to any part of these costs. RE: Invoice No. Dated Period Covered: Anxxmt IN-HOUSE CHARGES: Photocopies: copies @ $0.151cach $ Mileage: miles aQ Imile $ OTHER (Capita of iny2M ma Long Distance Calls S Other: S TOTAL: $ FOR THE FIRM Signed: Print Name: _ Title: Date: 17 16K10 a Packet Pg. 1078