Okaloosa County BOCC — March 18, 2014 — Contract for County Attorney Services — reading text

Beach, FL 32547 County Attorney: Nabors, Giblin & Nickerson, P.A. Attn: Gregory T. Stewart 1500 Mahan Drive, Suite 200 Tallahassee, FL 32308 Either party may, by written notice given to the other party, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Any notice shall be deemed given on the date such notice is delivered by hand or three days after the date mailed. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. “hI as to form: OKALOOSA COUNTY, FLORIDA By: “John Dowd, FH) Charles K. Windes, Jr. Chairman Board of County Commissioners ATTEST: Date: Clerk of the Circuit Court ABORS, GIBLI cor Gregory ‘J. Stewart 79 Daun pac: MNaure 1, ZolY Signature CKERSON, P.A aula Dorn Print Name SS Lynn Hoswinara Print Name EXHIBIT A SCOPE OF SERVICES COUNTY ATTORNEY SERVICES NGN shall serve as the county attorney for the County and shall provide all legal services required by the County, which shall include but not limited to: (A) Oversee and direct the implementation of internal legal activities and operations, which include planning, coordinating, administering, and evaluating projects, processes, procedures, systems and standards; ensure compliance with Federal, State and local laws, regulations, codes, and/or standards. (B) Research and interpret the law using statutes, case law, ordinances and administrative regulations; provide legal advice, analysis, and opinions upon request for appointed county officials, administrative management staff and advisory boards concerning local government, administrative policy development, employment, purchasing practices, real estate, code enforcement, public records, and/or other related legal issues. (C) Prepare and review proposed legislation, ordinances, resolutions, contracts, deeds, leases, bond provisions and other legal documents requested by the County Commissioners, County Administrator or management staff. (D) Investigate complaints by or against the County; prepare cases for trial; represent the County in litigation, including administrative hearings, arbitration and civil trials before county, state and federal courts. (E) Make informed decisions to bring regulatory, administrative and litigation matters to a cost-effective conclusion. (F) Prepare, review, interpret and analyze a variety of information, data and reports and make recommendations based on findings. (G) Prepare cost estimates for budget recommendations; monitor and control outside counsel expenditures. (H) Coordinate, monitor and report to the Commission on the representation of the County by special outside counsel retained by the Commission. () Attend meetings of the Board of County Commissioners and committees. (J) Providing such other legal services as the Board may from time-to-time direct. EXHIBIT B COMPENSATION COMPENSATION FOR GENERAL COUNTY ATTORNEY SERVICES (A) |NGN shall be compensated for the county attorney services at the annual lump sum amount of $250,000 per year. Such amount shall be payable in twelve equal monthly installments. (B) NGN shall submit an invoice for the compensation for General County Attorney Services on a monthly basis. Each invoice will be for the prior month’s service and in an amount equal to one twelfth of the agreed upon Annual Compensation amount of $250,000. The invoice for General County Attorney Services shall consist only of a request for payment for the prior month’s service and will not contain a detail summary of the actual services provided. However, NGN will maintain such information and make that information available upon request. (C) To provide heightened accountability, NGN agrees to provide reports to the County documenting the time and resources spent upon General County Attorney Services. NGN and the County agree to jointly review such county attorney reports or invoices no later than October 1 of each year for purposes of promoting transparency and determining value, efficacy and equity of the current compensation arrangement. COMPENSATION FOR LITIGATION AND EXTRAORDINARY SERVICES EXCEEDING TEN (10) HOURS IN TIME NGN shall also provide legal services to the County in the prosecuting or defending litigation involving the County (for the purposes of this Agreement litigation is defined as those matters for which NGN serves as counsel of record for the County that are initiated by a filing in an administrative agency or tribunal or an action in state or federal court and shall also include all arbitrations and mediations) (“Litigation”). Additionally, NGN and the County recognizes that in some extraordinary matters relating to General County Attorney Services that the amount of time involved will exceed ten (10) hours in attorney time. These types of activities may include but are not limited to the preparing, revising and reviewing extensive ordinances, policy provisions, contracts, resolutions, agreements, leases, interlocal agreements, special election ballots, procurement documents, and other legal documents on behalf of the County that are reasonably expected to require more than ten (10) hours of attorney time (“Extraordinary Services”). Prior to engaging in the provision of these Extraordinary Services, NGN shall provide written notice to the County Administrator that the activity will exceed ten (10) hours and that the hourly billing provision for these Services will apply and shall obtain the approval of the County Administrator prior to beginning these Extraordinary Services. Litigation and Extraordinary Services will be compensated on an hourly basis at the following rates: (A) NGN shall be compensated for Litigation and Extraordinary Services on an hourly basis at the following rates: Partners $150 per hour Associates $135 per hour Clerks/Paralegals $65 per hour (B) Excluded from the above hourly rates are the matters contained on Exhibit “D” to this Agreement. (C) All statements or invoices for fees for such services rendered on Litigation and Extraordinary Services submitted by NGN to the County shall be submitted in detail sufficient for proper pre-audit and post-audit thereof to insure that the work performed, expense incurred, or service rendered actually took place, and that the correct amount has been charged. (D) All invoices shall include documentation for costs and shall be submitted to, approved and processed for payment by the County Administrator unless directed otherwise by the County Administrator. COMPENSATION FOR SPECTAL SERVICES NGN shall also provide various specialized services to the County, on an as needed basis (“Special Services”). These Special Services include but are limited to the following: (A) Representing the County with respect to the issuance of bonds, notes, or other obligations of the County; (B) Issuing title insurance commitments and policies; (C) Preparing and implementing Special Revenue Projects for the County; (D) Utility matters relating to capital projects, financing, rate setting, regulatory compliance, contracting, system development and enhancement. p g, SY. p (E) Providing legislative consulting services. Compensation for such Special Services shall be negotiated on a project by project basis, subject to the approval of the County Administrator. The terms for invoicing on those matters shall be determined as part of the project negotiations. REIMBURSEMENT OF COSTS Under this Agreement, NGN will not charge the County for travel time on those matters which are compensated on an hourly basis. In addition to the compensation specified above, NGN will be reimbursed for those expenses incurred which are directly related to the provision of services, including, but not limited to: copy and fax costs, long distance telephone costs, express mail and on-line research expenses. NGN will be reimbursed for travel in accordance with the provisions governing the travel of public officers and employees contained in Section 112.061, Florida Statutes. 10 EXHIBIT C INSURANCE REQUIREMENTS NGN shall maintain at a minimum, the following limits of insurance coverage during the term of this Agreement: A. Worker’s Compensation 1.) State Statutory 2.) Employer’s Liability $1,000,000 each accident B. Business Automobile & Commercial $1,000,000 each occurrence General Liability Insurance (A combined single limit) C. Personal and Advertising Injury $250,000 D. Professional Liability $1,000,000 11 EXHIBIT D EXCEPTIONS TO HOURLY RATE NGN currently represents Okaloosa County in certain matters that have different billing arrangements than under the terms of this Agreement. These matters will continue to be billed under the previous agreement rates or terms. The matters are as follows: Okaloosa County (FY 09-10 Reconciliation) Bay County, et al. v. Department of Juvenile Justice DOAH Case Nos. 11-0995, 11-0999, 11-1001, 11-1002, 11-1003, 11-1004, 11-1265, 11-1266, 11-1268 (Joint billing arrangement with the following Counties: Okaloosa, Nassau, St. Lucie, Polk, Marion, Walton, Charlotte and Manatee) Okaloosa County v. Department of Juvenile Justice (FY 10-11 Reconciliation) DOAH Case No. 11-5894 (Joint billing arrangement with the following Counties: Okaloosa, St. Lucie, Nassau, Polk, Marion, Walton, Charlotte and Manatee) Okaloosa County v. Department of Juvenile Justice (FY 11-12 Reconciliation) DOAH Case No. 13-2907 (Consolidated): Volusia County, et al. v. Department of Juvenile Justice DOAH CASE NOS. 13-1442, 13-2906, 13-2907, 13-2908, 13-2909, 13-2910, 13-2911, 13-2912, 13-2913, 13-2914, 13-2915, 13-4390 (Joint billing arrangement with the following Counties: Okaloosa, Nassau, St. Lucie, Walton, Polk, Charlotte and Manatee) Okaloosa County (FY 12-13 Reconciliation) Representation re: Department of Juvenile Justice Reconciliation (Joint billing arrangement with the following Counties: Okaloosa, Nassau, St. Lucie, Charlotte, Manatee, Collier, Walton) These matters have a cost of defense that is shared with other counties. The hourly rates that will continue to be charged for these matters are as follows: Firm Partners $250.00 per hour Firm Associates $200.00 per hour Law Clerks $ 75.00 per hour 12 EXHIBIT D (CONT.) NGN currently represents the County in two matters which are under a contingency fee agreement. These matters are as follows: Okaloosa County, Florida v. LaGrange Aero, Inc., et al. Case No. 2010-CA-6909 S (Ast Judicial Circuit) (Contingency) Leon County, et al. v. Expedia, Inc., et al. (On Line Travel) Case No. 2009-CA-4882 (2nd Judicial Circuit) Case No. 2009-CA-4319 (2nd Judicial Circuit) Case No. 1D12-4815 (1st DCA) Case No. 1D12-2421 (1st DCA) Case No. SC13-2056 (Fla. Supreme Court) Case No. SC13-838 (Fla. Supreme Court) (Contingency) These matters will continue to be handled under the terms of the contingency agreement entered into between NGN and the County. 13