HomeMy WebLinkAboutLB 7. Sundstrom Request 9.11.2023 1
AG Receipt Date:
Request for Attorney General
Approval of Private Attorney Services
11. 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$5000); E or S __
(This information is available from your agency fiscaVpurchasing staff.)
3, Class/Group Number; 972-8 5 0 (This number identifies the area of legal specialization being provided for
through contract. Please choose the most appropriate area from the list below.)
010 Administrative Law 240 Commercial Litigation 400 Eminent Domain Law 600 Labor Law
020 Admiralty Law 250 Communication Law 410 Employment Practice,Law 605 Land Use Law
030 Agricultural Law 260 Constitutional Law 420 Entertainment Arts and Sports 610 Marital and Family Law
040 Antitrust Law 265 Construction Law Law 630 Patent and Trademark Law
060 Aviation Law 270 Consumer Law 430 Environmenrl Law 700 Real Estate Law
100 Bankruptcy Law Z80 Contract Law 440 Estate Planning and Probate 710 Securities Law
110 Bond Law 285 Copyright Law 500 General Counsel 720 Sunshine/Public Records Law
ea 200 Civil Appellate Practice 290 Corporate Law 510 Health Law 800 Tax Law
'CS 210 Civil Rights Law 300 Corrections/Parole Law 530 Immigration Law 850 Utilities Law
220 Civil Trial Practice 320 Criminal Appellate Practice 535 International Law 900 Workers Compensation Law
tv 230 Collections Law 330 Criminal Trial Practice 540 juvenile/Dependency Law
is
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4. Type of Request(If this is an original. request,please answer only through question #21; if this is a contract
amendment, please answer all questions as appropriate);
Original Contract:_ Contract Amendment X
5, If this is an original, request, please provide the estimated total contract amount:
Fees$ 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 Statewide Special Counsel for Regulatory Matters for the Agency and for select
statewide matters of litigation for the Agency,which has no in house legal staff, In addition,Contractor will
serve as lead attorney on private and governmental utilitv(ies)acquisition(s) and related financing(s) for
Agency. Services will be provided on as needed basis,at a hourly rate of$300 pff.hour for name and
senior partner William Sundstrom,$250 der hour far partners, and $200 per hour for any other associate
attorneys,
$, For trial and appellate litigation, please identify:,
Form OAG-001 (12/93[rev. 9/2001 p
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
x 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: SUNDSTROM &MINDLIN, LIP
Address: 2548 Blairstone Pines Drive
City, State ZIP;Tallahassee, Florida 32301
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.
to Name Position Title Hourly Rate
William E. Sundstrom, P.A. Name/Senior Partner $300.00
Other Partner Attorneys Partner $250.00
Robert C. Brannan Partner $250.00
Associate Attorneys Associate $200.00
12, Proposed Hourly Rate: Sec 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 2-37.030,
FAC,
1 services 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,
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Foram OAG-001 (12/93(rev. 9/2001D
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
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.
Minority counsel: N/A.
Firm's physical proximity to case, agency:Tallahassee based.
Firm's prior experience with agency:Very positive and extensive.
Firm's prior experience with similar case or issue: Routinely represents numerous local government and
municipal water and sewer utilities.
Billing methodology proposed/rate: Hourly, see attached.
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 H. Williams,Jr., LL.M., will coordinate work of firm
as Agency's Special Statewide Regulatory Legal Counsel.
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Form OAG-001 (12/93[rev. 9/2001Jf
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 $
X Extension of contract period: From October 1. 2022 through September 30, 2023, to October 1`2023
through September 30, 2024.
Revision/change in services to be provided
Other- Please explain _
Justification for amendment:The foregoing budgeted maximum fee amount is based on an estimate of
$50,000.00 maximum fees and related expenses (costs) for the Contractor's traditional role as statewide regulatory
and water&sewer industry counsel, and for select representation assignments. Contractor is billing and being
paid on an approved hourly rate schedule, so Agency can control the actual expenditures as monitored and
directed by Agency's management.
23. If this request is an amendment to extend the contract period,please provide for the immediate prior fiscal
year only:
$ expended for fees: $64,805.00* $ expended for costs: $445.40*
to Total $ expended: $65,250.40*
*Through September 8, 2023
4IP
Si_ re o(f I�equ•.15fficer Date --- ---
err D. ohnston P. . M.B.A.
Executive Director
Title of Requesting Officer
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Form OAG-001 (12/93[ev.9/2001.1)
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 SUNDSTROM & MINDLIN, LLP.
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. Law firm serves as Special Statewide Regulatory
Legal Counsel and Private and Governmental Utilities Acquisition and Financing Counsel based on its extensive
experience in representing locagovernment and municipal water and sewer utilities. Particular expertise exists
to within this firm in representation affecting publicly owned water, wastewater, and reclaimed water utilities,
environmental law, administrative and civil litigation related to environmental law, public finance, alternative
revenue modeling for Agency, major development utility negotiations, administrative law advocacy and rule
challenges, acquisition of privately owned water, wastewater,and reclaimed water utilities, litigation with
neighboring or competing utilities, and eminent domain related to water,wastewater, and reclaimed water
utilities, all of which are beneficial to the Agency,which has no in-house legal department. Law firm may also be
called on to provide additional legal services on miscellaneous statewide litigation relevant to the Agency's utility
industry, or to supplement efforts of local litigation counsel, as needed by the Agency.
�, ZoZ3 —erg —t
Agency H: •i: ature, Date
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Form OAG-001 (12/93[rev,9/2001])
Attachment 1