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HomeMy WebLinkAboutLB de la Parte, Gilbert, McNamara & Caldevilla, PA Request 3-16-2023 AG Receipt Date: Request for Attorney General Approval of Private Attorney Services ****************************************************************************************** 11.Agency Name: CLAY COUNTY UTILITY AUT ORITY Contact Person: IEREMY D. P.E,. M.Q.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 fiscal/purchasing staff.) 3. Class/Group Number: 972-8 5 0 (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 Litigation 400 Eminent Domain Law 600 Labor Law 020 Admiralty Law 250 Communication law 410 Employment Practices Law 605 Land Use Law 030 Agricultural Law 260 Constitutional Law 420 Entertainment Arts and 610 Marital and Family Law 040 Antitrust Law 265 Construction Law Sports 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 S00 General Counsel 720 Sunshine/Public Records Law 200 Civil Appellate Practice 290 Corporate Law 510 Health Law 800 Tax Law 210 Civil Rights Law 300 Corrections/Parole Law 530 Immigration Law 850 Utilities Law 03 220 Civil Trial Practice 320 Criminal Appellate Practice 535 International Law 900 Workers'Compensation Law = 230 Collections Law 330 Criminal l rial Practice 540 Juvenile/Dependency Law w as 0 z 4. Type of Request(If this is an original request, please answer only through question#21; if this is a re contract amendment,please answer all questions as appropriate): Original Contract X Contract Amendment 5. If this is an original request,please provide the estimated total contract amount: Fees$90,000.00 Costs$10.000.00 Total $100,000.00 6. If this is an original request,please provide the proposed contract period: From Present/Date of Approval to 9/30/2023 (end of Agency's current Fiscal Yearl 7. Please provide a brief description of the legal services to be provided. Contractor shall provide specialized legal services re the Agency's required Consumptive Use Permit("CUP") renewal with the St Johns River Water Manag m eent District("SIRWMD"1 The encv faEes a critical need to obtain the industry standard 20-year CUP term renewal.which has been complicated by an interrelated delay in the Florida Department of Environmental Protection's adoption of updated rules and a recovery strategy to replace the existing-interimrules and recovery strategy for the Lower Santa Fe and Ichetucknee Rivers (LSFIRI and Priority Springs1Vlinimum Flows and Levels (MFLs). SIRWMD staff has represented in_nre-application discussions withiheAgency that the existing interim LSFIR Form OAG-001 (5/20) Rule 2-37.010,F.A.C. MFL rules create unique challenges to the issuance of the 20;vear CUP sought by the Agency. 8. For trial and appellate litigation,please identify: Style of Case: N/A 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 Local representation necessary Travel,lodging and other costs associated with in-house representation not cost effective x Other, Identify: Agency has no in-house counsel or support staff. 10. Identify the proposed law firm/counsel: Law Firm/Counsel Name: de la Parte. Gilbert,McNamara&Caldevilla.P.A. Address: 101 E. Kennedy Blvd..Ste, 3100 City,State ZIP: Tampa,FL 33602 11. Identify by name which partners,associates, research associates or other personnel will be used to to perform the contracted legal services; and a schedule of their current billing rates. Name Position Title Hourly Race Edward P. de la Parte,Jr. Named/Senior Partner $350.00 Other Named Partner Attorneys Named/Senior Partner $350.00 Nicolas Q. Porter Partner $350.00 Other Partner Attorneys Partner $300.00 Associate Attorneys Associate $250.00 Paralegals and Law Clerks Paralegals and $150.00 Law Clerks 12. Proposed Hourly Rate: See Above Specifications under 11. Estimated Hours: Unknown 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 2-37.010(2), FAC. All services will be provided on an hourly_fee basis, Farm OAG-00l (5/20) Rule 2-37.010,F.A.C. 14.What items,if any,will be subject to additional charges not considered in the hourly fee. See Rule 2- 37.010(2)(d), 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. $ 16. Is a waiver to the established fee schedule required? X Yes _ No Ifyes,please complete Statement of Waiver. 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. Firm experience: Firm is leading statewide law firm for water and sewer utility matters,specifically in to relation to Consumptive Use Permit Applications and Renewals; Familiarity with FDEP and SJRWMD rulemaking,policies,procedures,and protocols. Minority counsel: N/A. Firm's physical proximity to case,agency: Firm is based in Tampa.Much of this work will be done remotely or online,but some travel may been needed to Tallahassee and/or Palatka, FL. Firm's prior experience with agency: Very positive and extensive,but only indirectly through Agency's membership in North Florida Utilities Coordinating Group. Firm's prior experience with similar case or issue: Routinely represents numerous utilities and Consumptive Use Permit applicants. Billing methodology proposed/rate: Hourly,see attached. Other 20. Indicate the names of those attorneys)/firm(s) contacted in addition to the one proposed and their quoted fees. None.While law firm will work with existingoutside general counsel, Grady H. Williams,Jr., LL.M., ,Attorneys at Law, of Orange Park, FL, and additional regulatory legal counsel William Sundstrom,of Sundstrom & Mindlin, 41.P.of Tallahassee, FL,who currently represent the Agency,the proposed law firm, with Partner Nicolas Q. Porter, Esq.,will be lead legal counsel for the Agency on this legal Form OAG-001 (5/20) Rule 2-37.010,F.A.C. representation and support of the Agency's Consumptive Use Permit renewal application. 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 H. Williams,Jr.. LL.M.,will coordinate work of firm as Agency's Special Statewide Regulatory Legal Counsel. 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_ through_ _ ,to through Revision/change in services to be provided Other— Please explain to Justification for amendment: 23. If this request is an amendment to extend the contract_period,please provide for the immediate prior fiscal year only: $expended for fees: $ $expended for costs: $ Total$expended:$ �1 tilk 'o Z' - 3 Sig a re . i Requ:sting Officer Date • • • • Executive Director Title of Requesting Officer Form OAG-001 (5/20) Rule 2-37.010,F.A.C. Statement of Waiver Pursuant to Rule 2-37.010, F.A.C.,the following rationale exists for waiver of the fee schedule for legal services to be rendered by de la Parte, Gilbert, McNamara &Caldevilla, P.A. 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 state 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 state. Please provide below the rationale for the justification selected. Contractor shall provide specialized legal services re the Agency's required Consumptive Use Permit("CUP") renewal with the St.Johns River Water Management District("SIRWMD"). The Agency faces a critical need to obtain the industry standard 20-year CUP term renewal,which has been complicated by an interrelated delay in the Florida Department of Environmental Protection's adoption of updated rules and a recovery strategy to replace the existing_rtterim rules and recovery strategy for the Lower Santa Fe and lchetucknee Rivers (LSFIR] and Priority Springs Minimum Flows and Levels (MFLs). SJRWMD staff has represented in pre- application discussions with the Agency that the existing interim LSFIR MFL rules create unique challen•es to he issuance of • 20- ear C ' sou.ht by the Agency.This is inconsistent with routine CUP renewals for 20-year terms currently being granted to ublic supply utilities within S1RWMD jurisdiction, to This has potentially catastrophic conseattencesto the Agency.its planningand canitalsonstruction activities to meet growth and infrastructure demands,and its related public financing ability and costs to continue and expand is existing water.wastewater. and reclaimed water within its service territory jncludingparts of Bradford.Clay.and Duval Counties.1n.addition.the Agency's ability to meet its currently contracted for future demands for utilities services is ieonardized by the restricted 5-year CUP renewal. Contractor._.isthe recognized statewideyv_ater.and wastewater utility expert for such legal representations with FDEP and the affected Water Manaeement Districts and has particular experience with regard to the interplay between the LSFIR MFL and other SIRWMD CUP requirements. Contractor will provide this necessary support and supplemental legal services to the Agency.which_hasno_in:hQuse legal staff,focused on the desired 20-year CUP renewal to avoid any such catastrophic consequences to. the_ 'gency ar its public utilities services to its public and customers in NE Florida_CQntractor has agreed to reduce its rates currently offered to water utility groups to_bettermeet the ency's bud etg ary needs. • a ,I • • �,... 0' e ecte• attorney fee hourly rate pgrRule 2-37.010. F.A.C. •_.ate 2°2 3 —0 3 '-- Age • -flea i :rgna. re Date Form OAG-003 (5/20i) Rule 2-37.010,F.R.C. 1 AGREEMENT BETWEEN THE STATE OF FLORIDA CLAY COUNTY UTILITY AUTHORITY AND DE LA PARTE, GILBERT, MCNAMARA & CALDEVILLA, P.A. This AGREEMENT is entered into in the City of Middleburg, Clay County, Florida, by and between Clay County Utility Authority, (the AGENCY),an independent special district of the State of Florida,with headquarters located at 3176 Old Jennings Road, Middleburg,Florida 32068,and de la Parte,Gilbert, McNamara &Caldevilla, P.A., (the CONTRACTOR) located at 101 E. Kennedy Boulevard,Suite 3100,Tampa,FL 33601. This AGREEMENT shall bind the parties upon its execution by their representatives. to WHEREAS, the AGENCY is seeking to apply to the St. Johns River Water Management District to modify and extend its consumptive use permit (CUP) to authorize the long-term withdrawal of water needed to for the AGENCY to continue to meet public water supply needs and its service areas,and the CONTRACTOR is needed to provide specialized legal counsel regarding the CUP modification and extension and matters related to the CUP. WHEREAS, the CONTRACTOR has significant and specialized experience in representing public water suppliers in relation to water use permitting before the St. Johns River Water Management District and other Florida agencies, and has the expertise necessary to perform the duties and responsibilities outlined in this AGREEMENT. 2 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 The CONTRACTOR agrees to provide legal representation to the AGENCY in relation to the modification and extension of the AGENCY'S CUP, and related matters. to ARTICLE 3. TIME OF PERFORMANCE This AGREEMENT shall begin upon execution and end on September 30, 2023. 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. (3) The AGENCY is exempted from payment of Florida state sales and use taxes 3 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 Iiable 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. (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 to 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 State of Florida's (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 mandatory binding arbitration. Payment of all attorney's fees is subject to 4 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 to expenses in detail sufficient for a proper pre-audit and post-audit. All invoices shall be submitted to Jeremy D.Johnston,P.E.,M.B.A., Executive Director, Clay County Utility Authority, 3176 Old Jennings Road, Middleburg,FL 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. 5 ARTICLE 6. PUBLIC RECORDS 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 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. If this AGREEMENT is terminated, the CONTRACTOR shall be reimbursed for services satisfactorily performed subject to any to 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 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. 6 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 to 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. 2. The CONTRACTOR contract administrator is Nicolas Q. Porter,Esq. 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 7 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 to 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 Ibis instrument,including any attachments,embodies the entire AGREEMENT of the parties. There are nu other provisions, terms,conditions, or obligations. This AGREEMENT supersedes all previous oral or written communications,representations or agreements on this subject. ARTICLE 15: SPECIAL CQNDITIONS (1) The cONTKAL QK agrees to permanently retrain from using or mentioning its association with the AGENCY in advertisements, letterhead, business cards, etc, The CONTKACI'OR's services to the AGENCY may be generally described i 1 the 8 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. (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. to IN WITNESS WHEREOF,the Clay County Utility Authority and de la Parte,Gilbert, McNamara &Caldevilla,P.A. have executed this AGREEMENT. CONTRACTOR: AGENCY: DE LA PARTE,GILBERT, CLAY COUNTY UTILITY AUTHORITY MCNAMARA &CALDEVILLA, P.A. ` /'By: y B : \:ftweillb.*+Nicolas Porter,Shareholder, for the firm Jer ' 0. Jol�'ton,P. ., M.B.A., Ex; • ' �'Actor 51- 163-9-031 FID Number Approved as t o / I ity By: y . illiams, Jr., LL.M. General Counsel to Agency 11' 61:1/(tOk 9 Peti/(1.6.1-1...,....„ L Witness Witness j- 16 -2-3 q /ZI 23 Date Date to OFFICE OF THE ATTORNEY GENERAL ATTACHMENT A FOR PRIVATE ATTORNEY SERVICES A. SCOPE OF SERVICES The CONTRACTOR shall: 1. Provide legal representation to the AGENCY regarding the modification and extension of its Consumptive Use Permit(CUP) by the issuing agency the St.Johns River Water Management District,and other matters related to the AGENCY'S CUP. 2. Review and analyze AGENCY legal files,data,documents and other materials concerning the above matter and advise on recommended legal course. Attend and participate in meetings, conference calls,inspections or the like and report on the status of the legal matters. 3. Prepare and file pleadings,motions,or briefs,initiate and conduct discovery,as required and represent the AGENCY in any related litigation and otherwise represent the AGENCY at trial or on appeal. B. COMPENSATION-FEES 1, The AGENCY shall be billed in accordance with Exhibit 1. Fees shall not exceed $350.00/hr. for Edward P. de la Parte,Jr. & other named partners,$300.00/hr. for Nicolas Q. Porter& other partners, $250.00/hr. for associate attorneys,and $150.00/hr. for paralegals and law clerks,and fees in excess of such amount(s) shall not be compensable. The CONTRACTOR shall notify the AGENCY, in writing,when fees for billable services reach$80,000.00. Said notification shall be made as soon as is practicable and prior to the next monthly invoice. Failure to comply with to these provisions will result in non-payment. 2. Billable hours shall be measured in 6 minute increments. 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 1. Reimbursement of costs for such items as exhibits,transcripts and witness fees requires prior written 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 $1.000.00,prior written approval from the AGENCY must be obtained. In-house 1 Farm OAG-002 (5/20) Rule 1-37.010, F.A.C. bulk mailings and bulk copying expenses must be supported by usage logs or similar documentation. Firm surcharges are not reimbursable. LC, 2 Form OAG-002 (5/20) Rule 1-37.010, F.A.C. 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$10,000.00. The CONTRACTOR shall notify the AGENCY in writing when costs reach$5,000.00. 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 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. (NOTE: If billing is based on other than an hourly rate, the basis for the billing must be explained in this section.) g. A listing of all invoiced costs to be accompanied by copies of actual receipts. to 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 de la Parte.Gilbert. McNamara&Caldevilla.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 l. The AGENCY contract administrator is Clay County Utility Authority. 2. The CONTRACTOR contract administrator is Nicolas Q. Porter, Esq.. 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 written 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 3 Form OAG-002 (5/20) Rule 1-37.010, F.A.C. 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 All documents prepared pursuant to the 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. 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 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. G. 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 attorneys'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. S, 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 wmfact. 4 r QQ S5IZU ['tale 1-37.010, rehtC, 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 Hourly Rate 1. Edward P. de la Parte.Jr. & other named partners S350 2. Nicolas O. Porter&other partners S300 3. Associates S250 4. Parale_ s &Law Clerks S150 5. The above rates may be adjusted if both parties agree,and shall be documented in writing by amendment to this AGREEMENT. (NOTE: Substitute the following section if'other than an hourly billing fee schedule is used.) to I. ALTERNATE BILLING SCHEDULE: NONE Form OAG=002 (5/20) Rule 1-37.010, F.A.C.