HomeMy WebLinkAboutLB Bachara ASC 2022 Agenda ,•p' OFFICE OF THE ATTORNEY GENERAL
\7.
Executive Staff
PL-01 The Capitol
Tallahassee,FL 32399-1050
ASHLEY MOODY Fax(850)487-2564
ATTORNEY GENERAL http://www.myfloridalegal.com
STATE OF FLORIDA
September 22,2022
Jeremy D.Johnston, P.E, M.B.A, Executive Director
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068-3907
Re: Amendment for Private Attorney Services
Dear Mr.Johnston:
Your September 13, 2022, request to extend the Agency's existing contract with the law firm Bachara
Construction Law Group, through September 30, 2023, is approved pursuant to Section 287.059, Florida
Statutes. Please note that this office has not determined the legality of the contract,nor has it been reviewed
for the purpose of determining the appropriateness of the counsel selected or the fee arrangement,other than
-a to ensure compliance with the standard fee schedule required in Section 287.059(6),Florida Statutes,and Rule
2-37.030, F.A.C., and to determine whether this office can provide such services more cost effectively.
g Additionally,please note that Rule 2-37.030 generally limits attorney's fees to$200 per hour and paralegal/law
o clerk fees to$40 per hour;however,your previously submitted Statement of Waiver authorizes exceeding the
L attorney rate and the paralegal rate if you choose to proceed with the contract as requested.
The private legal services to be provided will include representing the Agency in construction law matters.
Services will be provided on an as needed basis at a hourly rate of$300 for name partners,$275 per hour for
other partners,$180 per hour for associate attorneys,and$130 per hour for staff paralegal.The total contract
amount, including fees and costs, is limited to $300,000.00. If it appears necessary to exceed such amount,
prior approval from this office is required.
After the contract has been fully executed, please forward a copy to Mason Hall via email,
Mason.Hall@mvfloridalegal.com,or via mail to Office of the Attorney General,The Capitol,PL-01,Tallahassee,
Florida 32399-1050. Please note that the contract should comply with subsection 287.059(11),Florida Statutes,
which requires you to use the standard addendum developed by this office.
Sincerely,
John M.Guard
Chief Deputy Attorney General
JMG/mh
cc:Kim Holland, Department of Financial Services
Request for Attorney General
Approval of Private Attorney Services
Receipt Date:
11.Agency Name:CLAY COUNTY UTILITY AUTHORITY
Contact Person:IEREMY D.IOHNSTON.P.E..M.B.A.,EXECUTIVE DIRECTOR Phone#: 904/272-5999
2. Proposed Agency SAMAS Contract Number: __�_
or Purchase Order#(if under$5000): E or S
(This information is available from your agency fiscaVpurchasing staff.)Y
3. Class/Group Number: 972-2 6 6(This number identifies the area of legal specialization being provided for
through contract. Please choose the most appropriate area from the list below.)
010 Administrative Law 240 Commercial Liberation 400 Eminent Domain Law 600 Labor Law
020 Admirnity Law 250 Communication Law 410 Employment Practices Law 605 Land Use Law
030 Agricultural Law 260 Constitutional Law 420 Entertainment Arid and Spore; 610 Marital and Family Law
040 Antitrust Law 265 Ccrostntction Law Law 630 Patent and Trademark Law
060 Aviation Law 270 Consumer Law 430 Environmental Law 700 Real Estate Law
100 Bankruptcy Law 280 Contract Law 440 Estate Planning and Probate 710 Securities Law
110 Bond Law 285 Copyright Law 500 General Counsel 720 Sunshine/Public Records Law
200 Civil ApppttMate Prnctice 290 Corporate Law 510 Health Law 800 Tax Law
210 Civil Rights Law 300 Qtrrettiwts/ParoIr Law 530 Immigration Law 850 Utilities Law
220 Civil Trial Practice 320 Criminal Appellate Practice 535 International Law 900 Workers'Compensation Law
230 Collections Law 330 Criminal Trial Practice 540 Juvenile/Dependency Law
4. Type of Request(If this is an original request,please answer only through question#21; if this is a contract
amendment,please answer all questions as appropriate):
Original Contract Contract Amendment
5. If this is an original request,please provide the estimated total contract amount:
Fees$__ Costs$ R Total$_
6. If this is an original request,please provide the proposed contract period:
From _,_ to ,_,_ _
7. Please provide a brief description of the legal services to be provided.
Contractor will serve as Construction Law Controversy,Alternate Dispute Resolution,and Litigation Counsel
for significant matters of construction controversy,alternative dispute resolution,and related li igation
matters for the Aeencv,which has no in-house leek staff. Services wilikprovided on an as needed basis.at a
hourly rate of$300 per hour for name and senior partner Henry George"Chip"Bacharajr..BCS.$275 per
hour for Partner Todd Macleod.$180 uer hour for associate attorneys,and$130 per hour for paralegals.See
Exhibit 1 to Attachment A. re potential for greater award of attorneys lees at current marker value against
third-party litieationjlefendants.in excess of what Aeencv is paying to Contractor under this renewal contract
amendment.
8. For trial and appellate litigation,please identify:
Style of Case:NIA Case Number:N/A
Court: As directed by the Agency.
9. Identify the reason outside counsel is needed as opposed to utilizing in-house attorney services:
x Necessary legal expertise not available on staff
x Time commitments exceed in-house staff resources
Conflict of interest
x Local representation necessary
Travel,lodging and other costs associated with in-house representation not cost effective
x Other,Identify: Aeency has no in-house counsel or support
staff.
10.Identify the proposed law firm/counsel:
Law Firm/Counsel Name:Bachara Construction Law Group
Address:One Independent Dr.Ste. 1.800
City,State ZIP:Jacksonville.EL 32202
11.Identify by name which partners,associates,research associates or other personnel will be used to perform
the contracted legal services;and a schedule of their current billing rates.
Name Position Title Hourly Rate
Henry George"Chip"Bachara,Jr. Name/Senior Partner $300.00
Todd MacLeod Partner $275.00
Other Attorneys Associate Attorney $180.00
to Other Paralegal Paralegal $130.00
12. Proposed Hourly Rate: See Above Specifications under 11. Estimated Hours:Undetermined at this time.
13.If the method of payment is to be hourly fee,identify what services will be covered by this fee(e.g.,attorney
services,paralegal services,research expenditures,overhead including reproductions of materials,
administrative support services,telephone charges including faxing of materials,etc.). See Rule 2-37.030,
FAC.
All services will be provided on an hourly fee basis.
14.What items,if any,will be subject to additional charges not considered in the hourly fee. See Rule 2-37.030,
FAC.
None.
15.If a cap is to be placed on the amount of non-attorney fee expenditures the agency can reimburse over and
above the hourly fee,please identify the amount. $ N/A
16. Is a waiver to the established fee schedule required? X Yes — No
If yes,please complete Attachment I,Statement of Waiver.
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Farr OAGOO1(12/93 free.9/200ff)
17.If an alternate to the hourly billing method is proposed,please describe.
Fixed fee per case
Flat fee per service(s)
Contingency fee
Retainer
Other
18.Services to be performed in: State of Florida.multiple counties as needed
19.Please identify the criteria used by your agency to select the proposed legal counsel and explain.
Magnitude/complexity of case requires firm's resources
Ratings and certifications(e.g.,Martindale):AV Preeminent rated,Mr.Bachara is Florida Board Certified
Attorney in Construction Law and enjoys the highest reputation for skill and advocacy results.
Firm experience:Firm is leading Jacksonville law firm for construction law litigation matters,and has prior
governmental representation experience in complex construction dispute resolution and litigation and with
the Agency.
Minority counsel:N/A.
Firm's physical proximity to case,agency:Jacksonville based.
Firm's prior experience with agency:Mr.Bachara has previously appeared before the Board of the
Agency. Firm's prior experience with
similar case or issue:Routinely represents substantial owners and governmental entities in construction law
controversy matters.
Billing methodology proposed/rate:Hourly,see specifications under 11,above.
to Other
20.Indicate the names of those attorney(s)/firm(s)contacted in addition to the one proposed and their quoted
fees.
None.
21.Will agency staff be serving as co-counsel or participating with the outside counsel beyond oversight or
coordination? YES If yes, identify the participation?
Fact finding, including document review,witness interview
Legal research Formal Discovery_ Drafting documents Pleading/motion practice
Negotiations_ Appeals Trial preparation_ Trial_
Co-Counsel Lead counsel
Other X,describe:Outside General Counsel,Grady 1 Williams.Jr..LL.M..will coordinate work of firm
a encv s Construction Law Controversy._Alternative Minute ReEglution,and Litigation Counsel.The
Agency's Public Records Officer will coordinate related public records request responses.The Agency's Chief
Engineer and Executive Director,bosh P.E.s,will provide in house engineerina_advice and assessment.
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Form OAG-001(12/93(no.9/2000
22. If this request is a contract amendment,please identify the reason for the amendment,describe the
change(s)from the last approval and provide justification for change(s)below.
Increase in total contract amount(including fees&costs): From$_— _,__ to$
_ Increase in hourly rate: From$ hourly to$ hourly*
Increase in allowance for expenditures over and above hourly rate: From$ to$
Extension of contract period: From Oct. 1.2021 through Sept. 30.2022,to Oct. 1.2022 through
Sept. 30.2023.
Revision/change in services to be provided
Other-Please explain —_--
Justification for amendment: Fees shall not exceed$260.000.00 and fees in excess of such amount shall not
be compensable. Costs and expenses in the amount of$40,000.00 is requested for the overall representation.
These pending or anticipated cases are factually complex.each potentially involve more than one defendant
ansi/or source of recovery,and by thei nature take an extended time pgrjod to resolve.Agency expects these
pendine construction litigation cases to resolve within the next 12 to 18 months.Mediation efforts have been
unsuccessful§o far.
23.If this request is an amendment to extend the contract period,please provide for the immediate prior fiscal
year only:
$expended for fees: $218,744.50* $expended for costs: $16,931.43*
Total$expended $235,675.93*
to *Through September 9,20
Si• e . esti g Officer Date
e c L,_-.:i;_ on P.E. u.:.A.
Executive Director
Title of Requesting Officer
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Fen,OAG-001(12/93 firm 9/2001])
Statement of Waiver
Pursuant to Rule 2-37.040,F.A.C.,the following rationale exists for waiver of the fee schedule for legal services to
be rendered by Bachara Construction Law Group.
X 1. The Agency is unable to obtain adequate legal representation within the confines of the standard fee
schedule.
X _2. The Agency is unable to obtain legal services with the special expertise necessary to perform the
particular function of the practice of law which the agency requires.
3. The waiver is necessary to provide legal services as a result of an emergency,an immediate danger to
the public health,safety and welfare,or an opportunity for the Agency to preserve or enhance the public
fisc and that failure to contract immediately for legal services in excess of the standard fee schedule will
work to the detriment of the Agency.
Please provide below the rationale for the justification selected.
Law firm will serve as Agency's Legal Counsel for Construction Law Controversy,Adversary Dispute Resolution,
and Litigation matters.based on its extensive experience in this specialty practice area. The Agency particularly
wishes to rely on th leadership.skill.knowledge.and expertise of Henry George"Chip"Bachara.Jr..FBCA.who
is tlae name apctenior parmet of the law firm. Partner Todd MacLeod is an experienced construction law
to litieation counsel. The Aeencv faces two particularly vexing complex constructign law controversy and
prospective litigation matters.with substantial damages incurred. On the Snencer's Clarifier No.3 matter.the
Aeency seeks to recover damages on a job in which generalcontractor is denying liability,and is raising numerous
defenses and alternative allegation of third-Parties' liabilities to the Agency. Agency is pursing liability against the
original general contractor,its insurance carrier.urofessionaleneineer and engineering design firma. On the
Fleming Island Clarifier No.4 matter.the general contractor filed suit versus Agency re<tbe Agency's denial of a
requested chanae,oLder re failure of that clarifier. Agency has counter sued c tractor and also sued Surety on its
bond. Particular expertise exists within this law firm in representing agencies with publicly owned facilities in.
complex construction related litigation. The Agency has no in-house legal department. Law firm also may be
called on to_provide additional legal services on misceilaneousyre-litigation construction law c ntroversv matters,
in order to minimize or avoid future formal alternative dispute resolution and construction law litigation
representations for the
Agency. -
__ 2D22-— -l3
Agen d S' a e -Y--- Date
re n,P.E..M.B.A.
y
Executive Dii
Form OAG-001(12/93[m'.9/2001])
Attachment I
AGREEMENT BETWEEN CLAY COUNTY UTILITY AUTHORITY
AND
BACHARA CONSTRUCTION LAW GROUP, P.A.
This AGREEMENT is entered into in Middleburg,Clay County,Florida,by and
between the CLAY COUNTY UTILITY AUTHORITY, an independent special district of
THE STATE OF FLORIDA, existing and created under Chapter 94-419,Laws of Florida,
Special Acts of 1994 (the AGENCY),with headquarters located at 3176 Old Jennings
Road, Middleburg,Florida 32068, and BACHARA CONSTRUCTION LAW GROUP,
P.A. (the CONTRACTOR),located at 1 Independent Dr. Ste. 1800,Jacksonville,Florida
32202-5049. This AGREEMENT shall bind the parties upon its execution by their
representatives.
WHEREAS, CONTRACTOR will serve as Construction Law Controversy,
:o
Alternative Dispute Resolution, and Litigation Counsel for the AGENCY.
WHEREAS, the CONTRACTOR has the expertise necessary to perform the
duties and responsibilities outlined in this AGREEMENT.
NOW, THEREFORE, the parties agree as follows:
ARTICLE 1. ENGAGEMENT OF THE CONTRACTOR
The AGENCY agrees to engage the CONTRACTOR and the CONTRACTOR
agrees to perform the services set forth below. The CONTRACTOR understands and
agrees that all services contracted for are to be performed solely by the CONTRACTOR
and may not be subcontracted for or assigned without the prior written consent of the
AGENCY.
ARTICLE 2. SCOPE OF SERVICES 2
The CONTRACTOR will serve as Construction Law Controversy, Alternative
Dispute Resolution, and Litigation Counsel for the AGENCY. The CONTRACTOR
agrees to provide services,on an as needed basis, at an hourly rate of$300 per hour for
senior partner Henry George ("Chip") Bachara,Jr., BCS, Construction Law. Partner
Todd MacLeod will be billed at an hourly rate of$275 per hour. Associate attorneys
will be billed at$180 per hour. Support Construction Law Paralegals will be billed at an
hourly rate of$130 per hour.
ARTICLE 3. TIME OF PERFORMANCE
This AGREEMENT shall begin on October 1,2022, and end on September 30,
2023. The CONTRACTOR shall provide requested services within the
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CONTRACTOR's practice areas within a reasonable time of each such request,as the
context and circumstances may require.
ARTICLE 4. CONSIDERATION
(1) Fees and costs shall be paid in accordance with the provisions of
ATTACHMENT A FOR PRIVATE ATTORNEY SERVICES,including Exhibit 1.
(2) Justified and reasonable travel expenses which are directly and exclusively
related to the professional services rendered under this contract will be reimbursed in
accordance with§112.061,Florida Statutes. For the purpose of computing travel
expenses,the CONTRACTOR's place of business shall be that listed in the Preamble to
this AGREEMENT and all travel expenses shall be computed on that basis.
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(3) The AGENCY is exempted from payment of Florida state sales and use taxes
and Federal Excise tax. The CONTRACTOR,however, shall not use the AGENCY's Tax
exemption number to secure any materials or services. The CONTRACTOR shall be
responsible and liable for the payment of all its FICA/Social Security and other taxes
resulting from this AGREEMENT.
(4) The CONTRACTOR shall not pledge the AGENCY's credit or make the
AGENCY a guarantor of payment or surety for any contract, debt, obligation,judgment,
lien,or any form of indebtedness without the AGENCY'S prior written consent.
(5) Payment for services shall be issued in accordance with the provisions of
§215.422,Florida Statutes.
(6) Pursuant to Section 215.422(5),Florida Statutes, the Department of Financial
0
Services has established a Vendor Ombudsman to act as an advocate for vendors. The
Vendor Ombudsman may be reached at(850) 413-7269 or 410-9724.
(7) In accordance with the provision of Section 287.0582,Florida Statutes, the
AGENCY's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Legislature, if the terms of this AGREEMENT extend
beyond the current fiscal year.
(8) A contingency fee contract must be commercially reasonable. "Commercially
reasonable" means the fees shall be no more than the amount permissible pursuant to
rule 4-1.5 of the rules regulating The Florida Bar and case law interpreting that rule. If
the amount of the fee is in dispute, the counsel retained by the state shall participate in
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mandatory binding arbitration. Payment of all attorney's fees is subject to
appropriation. Attorney's fees shall be forfeited if, during the pendency of the case,the
counsel retained by the state takes a public position that is adverse to the state's
litigation or settlement posture.
(9) If multiple law firms are parties to the contract, then the contract must
address the internal system of governance amongst the firms and each law firm must
identify one member of its firm who is authorized to legally bind the firm.
ARTICLE 5. DOCUMENTATION
(1) The CONTRACTOR shall submit monthly written invoices,in accordance
with the requirements of ATTACHMENT A FOR PRIVATE ATTORNEY SERVICES,
paragraph D,Format for Invoices, for all fees or other compensation for services or
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expenses in detail sufficient for a proper pre-audit and post-audit. All invoices shall be
submitted to the AGENCY to the attention of Accounts Payable, at the AGENCY's
principal headquarters at 3176 Old Jennings Road, Middleburg,Florida 32068.
(2) Each private attorney who is under contract to provide attorney services for
the state or a state agency shall,from the inception of the contractual relationship until
at least 4 years after the contract expires or terminates,maintain detailed current
records, including documentation of all expenses, disbursements, charges,credits,
underlying receipts and invoices, and other financial transactions that concern the
provision of such attorney services. The private attorney shall make all such records
available for inspection and copying upon request in accordance with Chapter 119,
Florida Statutes.
ARTICLE 6. PUBLIC RECORDS 5
All documents prepared pursuant to this agreement are subject to Florida's
Public Records Law. Refusal of the CONTRACTOR to allow public access to such
records as required by such law shall constitute grounds for unilateral cancellation of
this AGREEMENT.
ARTICLE 7. TERMINATION OF AGREEMENT
(1) The term of this AGREEMENT shall commence on October 1, 2022, and shall
end on September 30, 2023, unless earlier terminated hereunder by the AGENCY or the
CONTRACTOR. The AGENCY may terminate the AGREEMENT for its convenience or
cause by giving five (5) days written notice by registered mail to the CONTRACTOR,
specifying the effective date of termination. The CONTRACTOR may terminate this
AGREEMENT for its convenience or cause by giving thirty (30) days written notice by
registered mail to the AGENCY, specifying the effective date of termination. If this
AGREEMENT is terminated, the CONTRACTOR shall be reimbursed for services
satisfactorily performed subject to any damages sustained by the AGENCY.
(2) If this AGREEMENT is terminated,all finished or unfinished documents,
data,studies,correspondence,reports and other products prepared by or for the
CONTRACTOR under this AGREEMENT shall be made available to and for the
exclusive use of the AGENCY.
(3) Notwithstanding the above, the CONTRACTOR shall not be relieved of
6
liability to the AGENCY for damages sustained by the AGENCY by virtue of any
termination or breach of this AGREEMENT by the CONTRACTOR.
ARTICLE 8. AMENDMENTS
Any changes must be mutually agreed upon and incorporated in written
amendments to this AGREEMENT.
ARTICLE 9. INDEPENDENT CONTRACTOR
The CONTRACTOR, and any of its employees,agents, or assigns, are
independent contractors and not employees or agents of the AGENCY.
ARTICLE 10. LIABILITY
The AGENCY shall not assume any liability for the acts, omissions to act or
negligence of the CONTRACTOR, its agents, servants, and employees,nor shall the
CONTRACTOR disclaim its own negligence to the AGENCY or any third party.
The CONTRACTOR shall maintain, during the period of this AGREEMENT,a
professional liability insurance policy for the professional services to be rendered.
ARTICLE 11. NONDISCRIMINATION AND COMPLIANCE
The CONTRACTOR shall comply with all federal,state and local laws and
ordinances applicable to the work and shall not discriminate on the grounds of race,
color, religion,sex, or national origin in the performance of work.
ARTICLE 12. ADMINISTRATION OF AGREEMENT
1. The AGENCY contract administrator is Jeremy D.Johnston,P.E., M.B.A.,
Executive Director of the AGENCY, or his designee.
7
2. The CONTRACTOR contract administrator is Henry George ("Chip")
Bachara,Jr.
3. All written and verbal approvals referenced in this AGREEMENT must be
obtained from the parties' contract administrators or their designees.
4. All notices must be given to the parties' contract administrator.
5. This contract shall be governed by and construed under the laws of the State
of Florida.
ARTICLE 13. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work,may not submit
bids on leases or real property to a public entity,may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in 287.017, Florida Statutes for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list. Any contract in
violation of this provision is null and void.
ARTICLE 14. AGREEMENT AS INCLUDING ENTIRE AGREEMENT
This instrument, including any attachments, embodies the entire AGREEMENT
of the parties. There are no other provisions,terms, conditions, or obligations. This
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AGREEMENT supersedes all previous oral or written communications, representations
or agreements on this subject.
ARTICLE 15. SPECIAL CONDITIONS
(1) The CONTRACTOR agrees to permanently refrain from using or mentioning
its association with the AGENCY in advertisements,letterhead, business cards, etc. The
CONTRACTOR's services to the AGENCY may be generally described in the
CONTRACTOR's professional resume. The CONTRACTOR may not give the
impression in any manner, that the AGENCY recommends or endorses the
CONTRACTOR.
(2) All contacts with the news media pertaining to the subject of this
AGREEMENT shall be referred to the AGENCY contract administrator.
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(3) Anything that is produced by or developed in connection with this contract
shall remain the exclusive property of the AGENCY and may not be copyrighted,
patented, or otherwise restricted as provided by law. Neither the CONTRACTOR nor
any other individual employed under this AGREEMENT shall have any proprietary interest in
any product(s) developed or produced under this AGREEMENT.
(4) Notwithstanding anything contained herein to the contrary, this AGREEMENT shall
be subject to the approval and ratification of the BOARD OF SUPERVISORS of the AGENCY,
and shall be submitted for review and approval or other action to the OFFICE OF THE
ATTORNEY GENERAL for the STATE OF FLORIDA.
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IN WITNESS WHEREOF,CLAY COUNTY UTILITY AUTHORITY, as the
AGENCY, and BACHARA CONSTRUCTION LAW GROUP,P.A.,as the CONTRACTOR,
have executed this AGREEMENT to be effective as of the 1st day of October,2022.
The"CONTRACTOR" The"AGENCY"
BACHARA CONSTRUCTION LAW GROUP, CLAY COUNTY UTILITY AUTHORITY
P.A.
By: � By:
Nam Henry eorge("Chip" achara,Jr. Name: Jeremy D.Johnston,P.E.,M.B.A.
Title: Presid nt Title: Executive Director
FEI Number: 26-0403541 APPROVED AS TO FORM AND
LEGALITY
By:
Name: Grady H. Williams,Jr., LL.M.
Attorney
to Title: General Counsel for the AGENCY
14114
C ‘f nqc•-)184P1-4 ---
fitness Witness
Date Date
OFFICE OF THE ATTORNEY GENERAL
ATTACHMENT A FOR
PRIVATE ATTORNEY SERVICES
A. SCOPE OF SERVICES
The CONTRACTOR shall:
1. Serve as Construction Law Controversy,Alternative Dispute Resolution, and Litigation
Counsel for the AGENCY.
2. Review and analyze AGENCY legal files,data,documents and other materials concerning
the above construction law matters and advise on recommended legal course. Attend and
participate in meetings, conference calls,inspections or the like and report on the status of the
construction law related legal matters.
3. Review and analyze AGENCY's legal files, data, documents and other materials concerning
construction law matters and advise on recommended legal course. Attend and participate in
meetings, conference calls,inspections or the like and report on the status of related construction
law legal matters. Handle construction law related controversy, alternative dispute resolution,
litigation representations and legal aspects of negotiations related thereto.
4. Prepare and file pleadings,motions, or briefs,initiate and conduct discovery, as required and
represent the AGENCY in any related construction law litigation and otherwise represent the
AGENCY at self-mediation,mediation, arbitration,administration and judicial hearings, trials or on
appeals, as needed, on construction law matters.
B. COMPENSATION-FEES
1. The AGENCY shall be billed in accordance with Exhibit 1. Fees shall not exceed
$260,000.00 and fees in excess of such amount shall not be compensable. The CONTRACTOR
shall notify the AGENCY,in writing,when fees for billable services reach$260,000.00. Said
notification shall be made as soon as is practicable and prior to the next monthly invoice. Failure to
comply with these provisions will result in non-payment.
2. Billable hours shall be measured in six (6) minute increments,whichever is preferable.
Compensation of attorney hours will be for actual time spent providing attorney services to the
AGENCY.
3. Premium rates will not be paid for overtime work.
4. Attorney time while traveling will be compensated at one hundred (100) percent of the
hourly rates reflected in Exhibit 1.
C. COMPENSATION-COSTS
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1. Reimbursement of costs for such items as exhibits, transcripts and witness fees requires
prior oral authorization by the AGENCY and shall be reimbursed based upon documented third
party vendor charges. The AGENCY shall not pay for firm surcharges added to third party vendor
charges.
2. Routine expenses such as local phone calls,local facsimile transmissions,routine postage,
copy work,local travel expenses,printed library materials and local courier,word processing,clerical
or secretarial services are overhead and will not be separately compensated.
3. Non-routine office overhead expenses such as long-distance phone calls,long distance
facsimile transmissions,long distance courier services,bulk mailings, bulk third party copying,
blueprints,x-rays,photographs and computer-assisted legal research services must be justified to the
AGENCY and shall be reimbursed based on documented third party vendor charges. If these
charges exceed$2,500.00,prior written approval from the AGENCY must be obtained. In-house
bulk mailings and bulk copying expenses must be supported by usage logs or similar documentation.
Firm surcharges are not reimbursable.
4. The CONTRACTOR shall only bill the AGENCY for a proportionate share of the cost of
legal research,attending hearings or engaging in client representation of any type,which is applicable
to other clients.
5. Reimbursable costs shall not exceed$40,000.00. The CONTRACTOR shall notify the
AGENCY in writing when costs reach$40,000.00. Said notification shall be made as soon as is
practicable and prior to the next monthly invoice.
D. FORMAT FOR INVOICES
1. Within 30 days of service provision, each statement for fees and costs shall be submitted in
one (1) counterpart in a format that includes, at a minimum, the following information:
a. Case name and number,if applicable, or other legal matter reference
b. Invoice number for the particular bill
c. CONTRACTOR taxpayer identification number
d. CONTRACTOR and AGENCY contract administrators' names
e. Inclusive dates of the month covered by the invoice
f. Itemization of the date;hours billed (if hourly); a concise,meaningful description of the
services rendered,with sufficient detail to enable the AGENCY to evaluate the services rendered
and costs; the person(s) who performed the services for each day during which the CONTRACTOR
performed work; their hourly rate (if hourly) as specified in Exhibit 1, and any billing rate that is for
some reason different from the one furnished in Exhibit 1, e.g.,travel at a reduced hourly rate.
Form OAG-002/07/97[rev. 04/2006, effective])
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g. A listing of all invoiced costs to be accompanied by copies of actual receipts.
h. The total of only the current bill. Prior balances or payment history should be shown
separately,if at all.
i. A certification statement,signed by the CONTRACTOR's contract administrator that
reads, "I certify that all costs and fees claimed for payment are accurate and were performed in
furtherance of the AGREEMENT between BACHARA CONSTRUCTION LAW GROUP, P.A.
and CLAY COUNTY UTILITY AUTHORITY."
j. Any other information as may be requested by the AGENCY's contract administrator.
E. ADMINISTRATION OF AGREEMENT
1. The AGENCY contract administrator is Jeremy D.Johnston,P.E.,M.B.A.,Executive
Director of the Agency, or his designee.
2. The CONTRACTOR contract administrator is Henry George ("Chip") Bachara,Jr.
However,if multiple law firms are parties to the Contract,then the contract must address the
internal system of governance amongst the firms and each law firm must identify one member of its
firm who is authorized to legally bind the firm.
3. All oral approvals must be obtained from the parties' contract administrators or their
designees. All notices must be given to the parties' contract administrators.
4. This contract shall be governed by and construed under the laws of Florida.
F. OTHER AVAILABLE SERVICES
Upon receiving approval from the AGENCY, the CONTRACTOR shall use existing AGENCY
agreements,when available and cost effective, to acquire services (e.g., computer-assisted legal
research) and the assistance of professionals (e.g., court reporters, expert witnesses) at reduced rates.
G. PUBLIC RECORDS
Upon receiving approval from the AGENCY, the CONTRACTOR shall use existing AGENCY
agreements,when available and cost effective,to acquire services (e.g.,computer-assisted legal
research) and the assistance of professionals (e.g.,court reporters,expert witnesses) at reduced rates.
H. SPECIAL CONDITIONS
1. The CONTRACTOR will make affirmative efforts to achieve cost effectiveness by
consolidating court hearings,limiting travel, streamlining case processing,using printed forms, using
the appropriate level of attorney or staff experience required by task, and taking other actions to
Form OAG-002(07/97[rev.04/2006,effective])
4
improve efficiency.
2. Multiple staffing at meetings,hearings, depositions,trials, etc.,by the CONTRACTOR will
not be compensated without prior written approval from the AGENCY.
3. CONTRACTOR agrees that all documents shall be promptly returned at the termination of
the CONTRACTOR's involvement in the case or matter at hand.
4. AGENCY in-house staff shall be used in the legal matter to the maximum extent possible.
5. The CONTRACTOR will provide immediate notice by facsimile transmission or telephone
regarding significant case developments which will likely result in media inquiries.
6. The CONTRACTOR shall provide the AGENCY immediate notice of any representation
undertaken by the CONTRACTOR in matters where the client is suing or being sued by the state or
state entities in any civil or adversarial administrative action.
7. A contingency fee contract must be commercially reasonable. "Commercially reasonable"
means the fees shall be no more than the amount permissible pursuant to Rule 4-1.5 of the rules
regulating The Florida Bar and case law interpreting that rule. If the amount of the fee is in dispute,
the counsel retained by the state shall participate in mandatory binding arbitration. Payment of all
attorney's fees is subject to appropriation. Attorney's fees shall be forfeited if,during the pendency
of the case,the counsel retained by the state takes a public position that is adverse to the state's
litigation or settlement posture.
8. Each private attorney who is under contract to provide attorney services for the state or a
state agency shall, from the inception of the contractual relationship until at least 4 years after the
contract expires or terminates,maintain detailed current records,including documentation of all
expenses, disbursements, charges, credits,underlying receipts and invoices,and other financial
transactions that concern the provision of such attorney services. The private attorney shall make all
such records available for inspection and copying upon request in accordance with Chapter 119,
Florida Statutes.
9. The AGENCY's general counsel must approve and sign the contract as to form and legality.
The Contract must be signed by the AGENCY head,who shall also maintain custody of the
contract.
Form OAG-002(07/97[rev. 04/2006.effective])
J
EXHIBIT 1-Fee Schedule
I. HOURLY BILLING SCHEDULE:
A. CONTRACTOR's attorney and paralegal staff to be used under this contract include the following
individuals at the hourly rates indicated:
Name Position Title Hourly Rate *BCLG's Standard
Billed to CCUA Hourly Rates as of
1/1/22
Chip Bachara Senior Partner $300.00 $450.00
Todd MacLeod Partner $275.00 $325.00
Other Attorneys Associates(s) $180.00 $215.00
Paralegal $130.00 $150.00
The above rates may be adjusted if both parties agree, and shall be documented in writing by
amendment to this AGREEMENT.
*In the event CONTRACTOR is entitled to recover from the opposing party/parties reasonable fees
as determined by the Court, CONTRACTOR shall be entitled to recover all amounts awarded in
excess of the amounts paid by the AGENCY.
Form OAG-002(07/97[rev. 04/2006, effective])