HomeMy WebLinkAboutLB de la Parte Request 9.21.2023I
�yY;Y GF.
ti, OFFICE OF THE ATTORNEY GENERAL
Executive Staff
•
� PL-01 The Capitol
11 01 FL.0" Tallahassee,FL 32399-1050
ASHLEY MOODY Phone(850)414-3300
ATTORNEY GENERAL Fax(850)487-2564
STATE OF FLORIDA http://www.myfloridalegal.com
September 27, 2023
Jeremy D.Johnston, P.E., M.B.A., Executive Director
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068
Re: Amendment for Private Attorney Services
Dear Mr.Johnston:
Your September 21, 2023, request to extend the Authority's existing contract with the De la Parte,Gilbert,
co
McNamara & Caldevilla, P.A., law firm, from 10/1/23 through 9/30/24, is approved pursuant to Section
287.059, Florida Statutes. Please note that this office has not determined the legality of the contract other
i° than to ensure compliance with the standard fee schedule required by 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. Additionally, please note that Rule 2-37.030 generally limits attorney's fees to $200 per hour
and paralegal fees to$40 per hour. However,your Statement of Waiver authorizes exceeding the attorney
rate and the paralegal rate if you choose to proceed with the contract as requested.
The private legal services are to assist the Authority in obtaining the renewal of its Consumptive Use Permit
with the St.Johns River Water Management District. The total contract amount, including fees and costs,
is limited to$100,000.00. 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 Rosanny Nunez,Office of the Attorney
General, The Capitol, PL-01, Tallahassee, Florida 32399-1050 or via email at
Rosanny.Nunez@myfloridalegal.com. 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,
IA14.611°
John M.Guard
Chief Deputy Attorney General
JMG/rn
cc: Michael Dobson, Department of Financial Services
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 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 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 Clvll Trial Practice 320 Criminal Appppellate Practice 535 International Law 900 Workers'Compensation Law
230 Collections Law 330 Criminal'frial Practice 540 Juvenile/Dependency Law
to
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 shall provide
specialized legal services re the Agency's required Consumptive Use Permit ("CUP")renewal with the
St.Johns River Water Management District("SJRWMD"). 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 interim rules and recovery strategy for the Lower Santa Fe
and Ichetucknee Rivers (LSFIR) and Priority Springs Minimum Flows and Levels (MFLs). SJRWMD
staffhas represented In pre-application siiscussions with the Agency 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-year CUP sought by the Agency.
Contractor shall assist in a coordinated effort with multiple utility suppliers,water management
districts,and FDEP, to identify beneficial regional water conservation and aquifer recharge projects
which Agency can participate in, which would allow issuance of needed 20-year CUP renewal from
SjRWMD with conditions on the Agency. Contractor shall also provide supplemental services to assist
the Agency's statewide regulatory legal counsel and outside general counsel, as directed by the
Agency's F.xecutive Director and/or outside general counsel,on miscellaneous regulatory and
industry water utility representation matters.
8. For trial and appellate litigation,please identify:
Style of Case:lY.Case Number:WA
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.
to JO. Identify the proposed law firm/counsel:
Law Firm/Counsel Name: de la Parte, Gilbert,McNamara &Caldevilla, P.A.
Address: 101 F, 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
perform the contracted legal services; and a schedule of their current billing rates.
Name Position Tide Hourly Rate
Edward P. de la Parte,Jr. Name/Senior Partner $350.00
Other Name Partner Attorneys Name/Senior Partner $350.00
Nicolas Q. Porter Partner $300.00
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 item 11. Estimated Hours: Unknown at this time.
Psrrn 4AG-441
(5/20)
Kule 2-37.010,F,A,C,
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.
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. $ N/A
16. Is a waiver to the established fee schedule required? X Yes _ No
If yes,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
to 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.
relation_to Consumptive Use Permit Applications and Renewais: Famiaiarity with FDEP and SIRWMD
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 s_ome_travel may been needed to Tallaha ee and/or Palatka. FL,
Firm's prior experience with agency: Verypositive and extensive.including through Agency's
membership in_North_Florida Utilities Coordinating Group,
Firm's prior experience with similar case or issue: Routinely represents numerous water utilities and
Consumptive Use Permit applicants.
Billing methodology proposed/rate: Hourly.see attached,
Form OAG-001
(5/20)
Rule 2-37.010,F.R.C.
Other
20. Indicate the names of those attorney(s)/firm(s) contacted in addition to the one proposed and their
quoted fees.
None.While law firm will work with existing outside general counsel.Grady H.Williams.Jr,. LL.M.,
Attorneys at Law, of Orange Park, FL.and additional statewide regulatory legal counsel William
Sundstrom. of Sundstrom & Mindlin. LLP.of Tallahassee. FL.who currently represent the Agency.the
Contractor.with Partner Nicolas Q. Porter. Esq.as the point of contact.will be lead legal counsel for the
Agency on this representation in 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.WilliamsJr.. LL.M..will coordinate work of
firm for the purposes set forth above under items 7.and 20..and to supplement the legal services
provided by Contractor 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
to change(s) from the last approval andprovide for change(s)below.
pl? justification
- 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$
IL Extension of contract period: From 3/27/2023 through 9/30/2023,to 10/1/2023 through
9J30/2024.
Revision/change in services to be provided
Other-Please explain
Justification for amendment:Needed representation for FY matter.
23. If this request is anam_enment to extend the contract period,please provide for the immediate prior
fiscal year only:
$expended for fees: 116.706.03 $expended for costs: $
Tot'1$expended: i►.• 03
Alt) oh ton. P. .. M.E.A. Date
,x • the Director
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 ("SJRWMD"). 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 interim rules and recovery strategy for the Lower Santa Fe and ichetucknee 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 1SFiR MR.rules create unique
challenges to the issuance of the 20-year CUP sought by the Agency. This is inconsistent with routine CUP
to renewals for 20-year terms currently being granted to public supply utilities within SJRWMD jurisdiction.
This has potentially catastrophic consequences to the Agency its planning and capital construction
activities to meet growth and infrastructure demands and its related public financing ability and costs to
continue and expand its existing water, wastewater, and reclaimed water within its service territory
including parts of Bradford, Clay, and Duval Counties. In addition,the Agency's ability to meet its
currently contracted for future demands for utilities services is jeopardized by the restricted 5-year CUP
renewal Contractor is the recognized statewide water and wastewater utility expert for such legal
representations with FDEP and the affected Water Management Districts and has particular experience
with regard to the interplay between the LSFIR MFL and other SJRWMD CUP requirements. Contractor
will provide this necessary support and supplemental legal services to the Agency, which has no in-house
legal staff, focused on the desired 20-year CUP renewal to avoid any such catastrophic consequences to
the Agency or its public utilities services to its public and customers in NE Florida. Contractor has agreed
to reduce its rates currently offered to water utility groups to better meet the Agency's budgetary needs
an to come closer to AG:' expected attorney fee hourly rate per Rule 2-37.010, F.A.C.
1 20z3 - 2
yH:•dSi-40
Date
Form OAG-003
(5/20)
Rule 2-37.010,F.A.C.
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 has applied 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
WHEREAS,the AGENCY has need for additional administrative law services,
representation on water and wastewater utility supplier coordination agreements and
to help protect Florida's waterways and aquifers,and to supplement the role of the
AGENCY's outside general counsel and current statewide regulatory counsel in
providing legal advice and representation on water and wastewater related utility
matters for the AGENCY's FY 2023/2024,
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
to
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.
ARTICLE 3. TIME OF PERFORMANCE
This AGREEMENT shall begin on October 1,2023,and shall end on September
30,2024.
ARTICLE 4. CONSIDERATION
(1) Fees and costs shall be paid in accordance with the provisions of
3
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
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
to 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
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
4
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
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.
to (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
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
5
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
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
to 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
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
6
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.
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.
to 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. AL1MINISTRATION OF AGREEMENT
7
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
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
8
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 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.
[Signatures Begin Next Page]
9
IN WITNESS WHEREOF,the Clay County Utility Authority and de la Parte,Gilbert,
McNamara&Caldevilla, P.A.have executed this AGREEMENT, to be effective October 1,
2023.
CONTRACTOR: AGENCY:
DE LA PARTE, GILBERT, CLAY COUNTY UTILITY AUTHORITY
MCNAMARA &CALDEVILLA, P.A.
By: _/ By:
Nicolas Porter, Shareholder, for the firm Jeremy D.Johnston, P.E.,M.B.A.,
Executive Director
59-163703
FID Number Approved as t nn an al' y
to
By:
rady H. i liams,Jr.,LL. ,
General ounsel to Agency
wn�l' t t, f1 (kCk
Witness Witness
9-19— Z3
Date Date
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.
R. COMPENSATION-FEES
1, The AGENCY shall be billed in accordance with Exhibit 1. Fees shall not exceed
$350.00/hr. for EdwardP. de la Parte.Jr.&other named partners.3300.00/hr, for Nicolas Q.
Porter lt.other partners,�$250 00/hr for associate attorneys and 8150 00/hr for plaral gals and law
clerks,and fees in excess of such amount(s)shall not be compensable. Fees for billable services
shall not exceed$95,000.00 in the aggregate.The CONTRACTOR shall notify the AGENCY,in
writing,when fees for billable services reach$85,000.00. Said notification shall be made as soon as
to is practicable and prior to the next monthly invoice. Failure to comply with these provisions will
resift iin non-payment.
2, Billable hours shall be measured in 6 minute increments. Compensation of attorney hours
will be for actual time spent providing attorney services to the AGENCY.
3. Premium rates will not be paid for overtime work.
4, Attorney time while traveling will be compensated at One Hundred(100%) percent of the
hourly rates reflected in Exhibit 1.
C. COIYIPENSATI.QI�c_Ca
1, Reimbursement of costs for such items as exhibits,transcripts and witness fees requires
prior written authorization by the AGENCY and shall be reimbursed based upon documented third
party vendor charges. The AGENCY shall not pay for firm surcharges added to third party vendor
charges.
2, Routine expenses such as local phone calls,local facsimile transmissions,routine postage,
copy work,local travel expenses,printed library materials and local courier,word processing,clerical
or secretarial services are overhead and will not be separately compensated.
3, Non-routi._ne office overhead expenses such as long distance phone calls,long distance
facsimile transmissions,long distance courier services,bulk mailings,bulk third party copying,
blueprints,x-rays,photographs and computer-assisted legal research services must be justified to the
AGENCY and shall be reimbursed based oil documented third party vendor charges. If these
charges exceed$]000.00,prior written approval trom the ACit✓.NCY must be obtained. In-house
bulk mailings and bulk copying expenses must be supported by usage logs Ur similar documentation.
Firm surcharges are not reimbursable.
4, The CONTRAC I OK shall only bill the AGENCY for a proportionate share of the cost of
1
form gm-QQd (07/9-i (rev. Y/ZOvt1)
legal research,attending hearings or engaging in client representation of any type,which is applicable
to other clients.
5. Reimbursable costs shall not exceed 35.400.00. The CONTRACTOR shall notify the
AGENCY in writing when costs reach$2,500.00. 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.
h. The total of only the current bill. Prior balances or payment history should be shown
to 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
1. 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. OTHERAVAIWILE 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.
All documents prepared pursuant to the AGREEMENT are subject to Florida's Public Records
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Forst OAO-002 (07/97 (rev. 9/2001))
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.
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.
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Form OAO-002 (07/97 [rev. 9/2001])
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,,it &other named partners $350
2. Nicolas Q. Porter&other partners $300
3. Associates $250
4. Paralegals&Law Clerks $9 50
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
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Farm OAG-002 (07/97 [rev. 9/2001])