HomeMy WebLinkAboutLB 5. Williams Request 9.11.2023 AG Receipt Date:
Request for Attorney General
Approval of Private Attorney Services
1. Agency Name: CLAY COUNTY UTILITY AUTHORITY
Contact Person JEREMY D.JOHNSTON,P.E.,M.B.A..EXECUTIVE DIRECTOR Phone#: 904/272-5999
2. Proposed Agency SAMAS Contract Number:
or Purchase Order#(if under$5000): E or S__M__,__
(This information is available from your agency fiscal/purchasing staff.)
3. Class/Group Number: 972-5 0 0 (This number identifies the area of legal specialization being provided
for through contract. Please choose the most appropriate area from the list below.)
010 Administrative Law 240 Commercial Litigation 400 Eminent Domain law 600 Labor Law
020 Admiralty Law 250 Communication Law 410 Employment Practices Law 605 Land Use Law
030 Agricultural Law 260 Constitutional Law 420 Entertainment Arts and Sports 610 Marital and Family Law
040 Antitrust Law 265 Construction Law Law 630 Patent and Trademark Law
060 Aviation Law 270 Consumer Law 430 Environmental Law 700 Real Estate Law
100 Bankruptcy Law 280 Contract Law 440 Estate Planning and Probate 710 Securities Law
110 Bond Law 285 Copyright Law 500 General Counsel 720 Sunshine/Public Records Law
200 Civil Appellate Practice 290 Corporate Law 510 Health Law 800 Tax Law
210 Civil Rights Law 300 Corrections/Parole Law 530 immigration Law 850 Utilities Law
220 Civil Trial Practice 320 Criminal Appellate Practice 535 International Law 900 Workers'Compensation Law
230 Collections Law 330 Criminal Trial Practice 540 Juvenile/Dependency Law
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4. Type of Request(If this is an original request,please answer only through question#21; if this is a contract
amendment,please answer all questions as appropriate):
Original Contract_ Contract Amendment X
5. If this is an original request, please provide the estimated total contract amount:
Fees$ Costs$ 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 outside_General
Counsel for the Agency,which has no in-house legal staff. Routine services for this fiscal year will consist of
expanded monthly legal services budgeted for the Managing Farmer of Contractor and will be covered by a
monthly retainer agreement of$9,300.00 per month,plus costs. Routine legal services will include review
regular Board of Supervisor agenda outline, handouts, minutes, attend regular and emergency meetings of
Board of Supervisors(typically twice a calendar month)and any scheduled Board public workshops,attend
annual Public Rate Hearing,attend Board of_Supervisor committee meetings as needed or desired by the
Agency,attend senior management and staff debriefings and planning meetings,serve as qualifications or
selection committee participant or legal counsel, as needed or desired, routine contract review,easement and
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Form OAG-001 (12/93[rev.9/2001])
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developer agreement review, legal advice and opinions, legal memoranda and correspondence, ad hoc special
projects drafting and contract preparation, availability to Agency staff, routine title review, coordinate title
orders if requested by Agency; non-litigation demands and representation on general day-to-day business of
the Agency related to its water, wastewater and reuse water utility services and operations. Litigation will be as
ordered by Agency at hourly rates provided by contractor. Routine coordination and communication with
other counsel for the Agency, such as statewide regulatory counsel,public employment law/labor law counsel,
construction law and related controversy counsel, litigation counsel, real estate/title attorney, and bond
counsel(as applicable),will be included in monthly retainer amount.
8. For trial and appellate litigation, please identify:
Style of Case: N/A Case Number: N/A
Court: Circuit and County Courts in Clay, Duval and Bradford Counties, as ordered 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
X Travel, lodging and other costs associated with in-house representation not cost effective
to X Other, Identify:Agency does not currently employ an in-house legal counsel.
10. Identify the proposed law firm/counsel:
Law Firm/Counsel Name: GRADY H. WILLIAMS,JR., LL.M., ATTORNEYS AT LAW, P.A.
Address 1543 Kingsley Avenue, Building 5
City, State ZIP Orange Park, FL 32073
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 RAW.
Grady H. Williams,Jr. Managing Partner $400.00/hr.
Renee' Scheetz Senior Paralegal $ 85.00/hr.
Staff Paralegal Paralegal $ 75.00/hr.
Form OAG-001 (12/93 lieu. 9/2001.1)
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12. Proposed Hourly Rate: Partner $ Estimated Hours:
Associate$ Estimated Hours:
See Paragraph 11., above. Any needed hourly billing services are undetermined at this time. but if ordered by
Agency, will be provided based on the schedule of current billing rates provided in 11. above.
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.
Litigation Services. if requested by Agency,_and if offered by Contractor.will be billed at an hourly rates
14. What items, if any,will be subject to additional charges not considered in the hourly fee. See Rule 2-37.030,
FAC.
Work on Public Finance and Bond matters.exclusive ofiegal support on routine SRLF applications and
documentation butsncludingprovision_of Opinion ofissuing_Counselfor the Agency will be at_reasonablc
and customary charges for such services in the geographic area of the State of Florida as reauested by the
Agency. and shalLbe in addition to the monthly retainer
fee,
to 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 1, 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
RetainerJor_Expanded_Monthly_LegalServices_as_Routine_Services of_$9,300.00/mQ.
Other
18. Services to be Performed in: Clay,Juval_rn LBradford_Counties
(County)
19, Please identify the criteria used by your agency to select the proposed legal counsel and explains
Magnitude/complexity of case requires firm's resources
Ratings and certifications (e.g., Martindale and Hubbell) X
Firm experience X
Minority counsel
Firm's physical proximity to case, agency X
Forni OAG-001 (12/93[rev. 9/2000
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Firm's prior experience with agency X
Firm's prior experience with similar case or issue X
Billing methodology proposed/rate X
Other
20. Indicate the names of those attorney(s)/firm(s) contacted in addition to the one proposed and their quoted
fees.
Firm Name Quoted Fee
SUNDSTROM & MINDL1N, LLP, of Tallahassee, FL Rates from$250.00/hr. for partners to
$300.00/hr. for name partners, plus costs
LUDWIG HULSEY, P.A. of Jacksonville, FL Rates at$265.00/hr. for partners, plus costs
BACHARA CONSTRUCTION LAW GROUP,
P.A. of Jacksonville, FL Rates from$275.00/hr. for partners to
$300.00/hr. for senior partner, plus costs
GLENN A.TAYLOR PROFESSIONAL ASSOCIATION
of Orange Park, FL Rates at$250.00/hr. for managing partner;
to Fixed Fee Pricing on Real Estate Closing
Transactions and Title Support Work
Available
de la PARTE, GILBERT, McNAMARA et. al. of Tampa, FL Rates at$350.00/hr. for named partners;
$300.00/hr. for other partners; and
$250.00/hr. for associate attorneys
Note that the above firms arc available for additional non-routine legal services to the AgencvYand they may be
used on an ad hoc basis for specific matters_generally related_to the water.wastewater and reuse utility industry in
the State of Florida._eminentdomain representations. utilit_acquisitions. public bona finance matters. labor and
public employment law. construction law and related controversy workstate-wide or local litigation matters.and
real estate title.closine. and transactionallaw_services.as the case may be.
21. Will agency staff be serving as co-counsel or participating with the outside counsel beyond oversight or
coordination?_NO If yes, identify the participation?
Pact 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 , describe
Form OAG-001 (12/93[rev. 9/2001])
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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.
X Increase in total contract amount(including fees&costs): From$105,245.00 to$111,600.00
Increase in hourly rate: From$ hourly to$ hourly
Increase in allowance for expenditures over and above hourly rate: From$ _ to$
X Extension of contract period: From 10/1/22 through 9/30/23, to 1011/23 through 9/30/24.
Revision/change in services to be provided
Other- Please explain--
Justification for amendment:Coverage of fiscal year 2023/2024: regular involvement,availability, and role of
Contractor with Agency's governing board,committee structure.management,and Agency's administrative
staff on a daily basis.
23. If this request is an amendment to extend the contract period,please provide for the immediate prior fiscal
year only:
$expended for fees: $105,245.00* $expended for costs: $SI
Total$expended: $105,245.00*
*As contracted for and projected through September 30, 2023.
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Executive Directot
Title of Requesting Officer
For&()AC-ON(12/93[rev. 9/2000
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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: GRADY H. WILLIAMS,JR., LL.M., ATTORNEYS AT LAW, 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 fist
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.
to The monthly retainer arrangement for expanded monthly legal services to the Agency allows theAgency to
foregoing_employment of a full-time in-house general counsel and support legal staff_and resources. resulting in,
substantial annual budgetary savings estimated_at$100,000 to$170,000 per fiscal year. Additional_tourly charges
by the Contractor are discretionary with the Agency and employed when the expertise and familiarity of the
Contractor with theAgency and its specialized industry,or the cost/benefit_of using the Contract over another
law_firm, is to the advantage of the
Agency.
AP..
mripAgen Date
Form OAG-001 (12/93[rev.9/2001Jf