HomeMy WebLinkAboutLB Bachara Request 9.22.2023 AG Receipt Date:
Request for Attorney General
Approval of Private Attorney Services
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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$5000): E or S
(This information is available from your agency fiscal/purchasing staff.)
3. Class/Group Number: 972-2 6 5 (This number identifies the area of legal specialization being
provided for through contract. Please choose the most appropriate area from the list below.)
010 Administrative Law 240 Commercial Litigation 400 Eminent Domain Law 600 Labor Law
020 Admiralty Law 250 Communication Law 410 Employment Practices Law 605 Land Use Law
030 Agricultural Law 260 Constitutional Law 420 Entertainment Arts and 610 Marital and Family Law
040 Antitrust Law 265 Construction Law Sports 630 Patent and Trademark Law
060 Aviation Law 270 Consumer Law Law 700 Real Estate Law
100 Bankruptcy Law 280 Contract Law 430 Environmental Law 710 Securities Law
110 Bond Law 285 Copyright Law 440 Estate Planning and Probate 720 Sunshine/Public Records Law
200 Civil App 500 General Counsel 800 Tax Law
210 Civil Rights L Practice 290 Corporate Law
300 Corrections/Parole Law 510 Health Law 850 Utilities Law
220 Civil Trial Pracawtice 320 Criminal Appellate 530 Immigration Law 900 Workers'Compensation Law
ip 230 Collections Law Practice 535 International Law
330 Criminal Trial Practice 540 Juvenile/Dependency Law
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0 4. Type of Request(If this is an original request,please answer only through question#21; if this is a
E contract amendment, please answer all questions as appropriate):
Original Contract Contract Amendment X
it
5. if this is an original request,please provide the estimated total contract amount:
Fees$ 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 Construction Law Controversy,Alternate Disnute Resolution, and Litigation
Counsel for significant matters of construction controversy, alternative dispute resolution,and related
litigation matters for the Agency,which has no in-house legal staff. Services will be provided_on an as
needed basis, at a hourly rate of$395 per hour for name and senior partner Henry George"Chin"
j3achara, Ir., RCS, $325 per Dour for Partner Todd MacLeod, $275 for Partner Tad Whitcomb.$225 per
hour for Avery Sander and other associate attorneys, and$125 per hour for paralegals or law clerks,
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
x 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: Bachara Construction Law Group
Address: One Independent Dr. Ste. 1800
City,State ZIP:Jacksonville, FL 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 $395.00
Todd MacLeod Partner $325.00
Todd Whitcomb Partner $275.00
Avery Sander/Other Attorneys Associate Attorney $225.00
Other Paralegal or Law Clerk $125.00
to 12. Proposed Hourly Rate: Sec Above Specifications under II. 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
Ifyes,please complete Attachment 1,Statement of Waiver.
17. If an alternate to the hourly billing method is proposed,please describe.
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Form OAG-001 (12/93[rev.9/2001])
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. Mr. MacLeod has been recognized by Best Lawyers for 2024.
Firm experience: Firm is leading lacksonville 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 and Mr. MacLeod have both previously appeared
before the Board of the Agency. The fir has successfully completed two (2) complex construction
and professional design/engineering_services litigation cases.each scheduled for separate two(21
week-long jury trials due to the complexity of the facts and issues re major utility construction
to projects for the Agency, Further representation is needed re pending AAA mediation over disputed
ch. tinge orders ancfdelays related to expansion of the Agency's administrative headquarters and
campus.The Agency also is facingpotential for conflict,and prospective need for either mediation or
litigation with its general contractor and/or a subcontractor, regarding a multi-million dollar utility
trunk main project now underway. Contractor has been asked to help the Agency refine the Agency's
construction procurement and legal documentation project,which will also take a number of hours of
legal workin FY 2023/2024.Contractor has agreed to provide their services for FY 2023/2024 at a
reduction off of their customary billing rates to private clients.in an effort to mitigate the impact on
the public fisc.
Firm's prior experience with similar case or issue: Routinely represents substantial owners and
governmental entities in construction law controversy and related matters
Billing methodology proposed/rate: Hourly,see specifications under 11.above.
Other
20. Indicate the names of those attorney(s)/firm(s) contacted in addition to the one proposed and their
quoted fees.
None. While other authorized private attorney law firms may be used for their own practice areas,
A en 'sties to exclusively use Contractor for all construction related legal representations,
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Form OAG-001 (12/93[rev. 9/2001?J
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 1-1. Williams.jr., LL.M.,will coordinate work of
firm as Agency's Construction Law Controversy.Alternative Dispute Resolution,and Litigation
Counsel.The Agency's Public Records Officer will coordinate related public records request
responses.The Agency's Executive Director and Chief Engineer each will provide in house
engineering advice and assessment.
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$
X Increase in hourly rate: From$300.00 hourly to $395.00 hourly for Mr. Bachara (See response
to 1.1 above as to all rates. Mr. Bachara and Mr. MacLeod have been asked to focus their time
increasing on the Agency's representation matters.The increase noted above is only for Mr.
Bachara. but each category for attorneys would be increased from FY 2022/2023.a g.. Mr.
MacLeod from $275.00/hourly to$325.00/hourly: other attorneys up to hourly rates in 11.
from $180.00/hourly).
to _ Increase in allowance for expenditures over and above hourly rate: From$ to$
Extension of contract period: From Oct. 1. 2022 through Sept.30. 2023,to Oct. 1. 2023 through
Sept.30. 2024.
Revision/change in services to be provided
Other-Please explain
Justification for amendment: Representation needed for FY 2023/2024. 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.
23. If this request is an amendment to extend the contract period,please provide for the immediate prior
fiscal year only:
$expended for fees: $301,590.58 $expended for costs: $83,248.69*
Total$expended: $384,839.27
+.i1►i-ri 2c.23
S gnatu e .LRe _Officer Date
Executive Director
Title of Requesting Officer
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Form OAG-001 (12/93[rev.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 re y on the leadership skill, knowledge,and expertise of Henry George
to "Chip"Bachara.Jr.. RCA.who is the name and senior partner of the law firm. Partner Todd MacLeod is
also an experienced construction law litigation counsel.whom the Agency particularly relies on. Demand
for construction law legal representation in NE Florida is high.and these recognized experts have agreed
to continue to provide their services to the Agency at a significant discount off of what they charge and
collect from private clients. Since the resolution of twoseparate significant civil litigation matters in FY
2022/2023.Contractor has also undertaken to represent Agency on an alternative dispute resolution
matter regarding the site work and building expansion fot ency s tnain_headquarters building facilities
and campus.This appears to require continuing representation through FY 2023/2024 to attempt to
keep_the_general contractor on track,A,dditionalrepresentation tnav iae needed re one significant multi-
million trunk main construction_contract.and Contractor's review and revision to the Agency's public
procurement protocolsfor construction projects and legal documentation and related contract
administration protocols.Particular expertise exists within this law firm in representing agencies with
.ublicl . , 1 - • . ' ' • . . - onstruction related litigation. The Agency has no in-house legal
d- .artme t.
‘.11IP &)2 —09 - LZ
A..encylInd Si:,- iiil Date
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Form 0.9G-001 (12/93[rev.9/2000
Attachment 1
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.
to WHEREAS, CONTRACTOR will serve as Construction Law Controversy,
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.
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ARTICLE 2. SCOPE OF SERVICES
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$395 per hour for
senior partner Henry George ("Chip")Bachara,Jr., BCS, Construction Law. Partner
Todd MacLeod will be billed at an hourly rate of$325 per hour. Partner Todd
Whitcomb will be billed at$275 per hour. Associate Attorney Avery Sander will be
billed at$225 per hour. Support Construction Law Paralegals and Law Clerks will be
billed at an hourly rate of$125 per hour.
ARTICLE 3. TIME OF PERFORMANCE
to This AGREEMENT shall begin on October 1,2023, and end on September 30,
2024. The CONTRACTOR shall provide requested services within the
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 0112.061,Florida Statutes. For the purpose of computing travel
expenses, the CONTRACTOR's place of business shall be that listed in the Preamble to
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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
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
to
§215.422,Florida Statutes.
(6) Pursuant to Section 215.422(5), Florida Statutes, the Department of Financial
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.
arl annual appropriation by the Legislature, it 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 rev inure than the amount permissible pursuant to
rule 4-15 of the rules regulating'the Florida Bar and case law interpreting that rule. If
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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.
(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
to with the requirements of ATTACHMENT A FOR PRIVATE ATTORNEY SERVICES,
paragraph D,Format for Invoices,for all fees or other compensation for services or
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
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available for inspection and copying upon request in accordance with Chapter 119,
Florida Statutes.
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 term of this AGREEMENT shall commence on October 1, 2023,and shall
end on September 30, 2024, unless earlier terminated hereunder by the AGENCY or the
to
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.
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(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.
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
to
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.,
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Executive Director of the AGENCY, or his designee.
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
to 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
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of the parties. There are no other provisions,terms, conditions, or obligations. This
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.
to
(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 riot 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 15t day of October,2023.
The"CONTRACTOR" The"AGENCY"
BACHARA CONSTRUCTION LAW GROUP, CLAY COUNTY UTILITY AUTHORITY
A.A.
By: By:
Name: Henry a ge ("Chip") Bachara,Jr. Name: Jeremy D.Johnston,P.E., M.B.A.
Title: Presid nt Title: Executive Director
FEI Number: 26-0403541 APPROVED A 0 FOR AND
LEGALITY
By: 46(
to Nam : rad H. Williams,Jr. L.M.
Attorney
Title: General Counsel for the AGENCY
/641,14t--
itness Witness
f—aZ Q26,)-3
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.
to 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
to AGENCY in writing when costs reach $30,000.00. 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 I,and any billing rate that is for
some reason different from the one furnished in Exhibit I,e.g., travel at a reduced hourly rate.
1=orni DAG-002(03193[rev.04/2006,efJeetivej)
3
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.
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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
0170 QAQ-0Q2(07/97(rev. 04/2006,eff-ecrrveJ)
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
to 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])
5
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
Henry George("Chip") Bachara,Jr. Senior Partner $395.00
Todd MacLeod Partner $325.00
Todd Whitcomb Partner $275.00
Avery Sander Associate $225.00
Paralegal $125.00
or Law Clerk
The above rates may be adjusted if both parties agree,and shall be documented in writing by
amendment to this AGREEMENT.
to
Form OAG-002(07/97[rev.04/2006,effective])