Agenda 08/23/2016 (In Absentia) Item #12A08/23/2016
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Agreement for Legal Services for the Retention
Agreement with Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
OBJECTIVE: That the Board of County Commissioners (Board) approves an Amendment to Agreement
for Legal Services relating to the Retention Agreement with the law firm of Baker, Donelson, Bearman,
Caldwell & Berkowitz, P.C. (hereafter, “the Firm”). The proposed amendment includes an extension of
the term for services and an increase to the hourly rate for the Firm’s attorneys and assigned staff.
CONSIDERATIONS: The Firm provides specialized legal services in connection with matters
concerning Federal Emergency Management Agency (“FEMA”) funds. The County works primarily
with the Firm’s attorney, Ernest B. Abbott, a past General Counsel for FEMA. Mr. Abbott’s services
were instrumental in the County’s appeal and subsequent recovery of a substantial amount of FEMA
beach restoration funds that had been de-obligated by that federal agency related to Hurricanes Katrina
and Wilma. The Board previously amended the Firm’s Agreement on October 28, 2014, to extend its
term of service through September 1, 2016, and to reflect an adjustment in the firm’s hourly rates.
This Amendment seeks to extend the term to provide professional services under Article 3 of the
Agreement for an additional two (2) year term, with three (3) additional one year renewal terms. In
addition, Exhibit “A” to the Agreement (as embodied in the attached Amendment) reflects an increase in
the hourly rate of the Firm’s assigned personnel. The Firm is not currently working on any assigned
matters with the County but this Amendment will allow for the prompt commencement of services if
there is a FEMA related matter that requires expert services.
Approval of this Amendment to Agreement for Legal Services by the County Manager is subject to
formal ratification by the Board of County Commissioners. If the decision by the County Manager is not
ratified by the Board, the Amendment shall be enforceable against Collier County only to the extent
authorized by law in the absence of such ratification by the Board.
FISCAL IMPACT: A fiscal impact will only arise if services are commenced under the Agreement.
Any fees associated with using this Agreement will be paid by the Department utilizing the services.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Amendment was reviewed for form and legality by the
County Attorney’s Office, and requires a majority vote for approval.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to sign an Amendment to Agreement for Legal Services relating to the Retention Agreement
with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., to change the date of the
agreement to begin on September 1, 2016 and expire on September 1, 2018, and to increase the hourly
rates for the Firm’s assigned personnel as reflected in incorporated Exhibit “A” of the Amendment.
PREPARED BY: Scott R. Teach, Deputy County Attorney
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ATTACHMENT(S)
1. Amendment to Agreement for Legal Services0000 (PDF)
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08/23/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Item Summary: Recommendation to approve an Amendment to Agreement for Legal
Services for the Retention Agreement with Baker, Donelson, Bearman, Caldwell & Berkowitz,
P.C.
Meeting Date: 08/23/2016
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
08/09/2016 1:48 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/09/2016 1:48 PM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/09/2016 5:40 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 08/09/2016 5:42 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/10/2016 10:18 AM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/10/2016 10:23 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/19/2016 3:54 PM
Board of County Commissioners MaryJo Brock Meeting Pending 08/23/2016 12:00 AM
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Packet Pg. 60 Attachment: Amendment to Agreement for Legal Services0000 (1798 : Amendment to Agreement for Legal Services with Baker, Donelson,
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Packet Pg. 61 Attachment: Amendment to Agreement for Legal Services0000 (1798 : Amendment to Agreement for Legal Services with Baker, Donelson,
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Packet Pg. 62 Attachment: Amendment to Agreement for Legal Services0000 (1798 : Amendment to Agreement for Legal Services with Baker, Donelson,
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Packet Pg. 63 Attachment: Amendment to Agreement for Legal Services0000 (1798 : Amendment to Agreement for Legal Services with Baker, Donelson,
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Packet Pg. 64 Attachment: Amendment to Agreement for Legal Services0000 (1798 : Amendment to Agreement for Legal Services with Baker, Donelson,