Backup Documents 03/09/2021 Item #16K 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP UU
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 n 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routingzlines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 3-10-21
4. BCC Office Board of County PT by JH/s/ 3-10-21
Commissioners
5. Minutes and Records Clerk of Court's Office ritAitz 01/P-0?-1 g:54 4144
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Scott Teach/County Attomey's Office Contact Information 239-252-8400
Contact/Department Stfd .63 1Cd es
Agenda Date Item was March 9,2021 J Agenda Item Number 16K3
Approved by the BCC
Type of Document First Amendment to Retention Agreement with Number of Original 1
Attached the law firm of Baker,Donelson,Bearman, Documents Attached
Caldwell&Berkowitz,P.C.,to provide
specialized FEMA legal services on an"as
needed"basis by exercising the first renewal
term and adjusting the current rates.
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed by
the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 3/9/2021 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's F vopti
Office has reviewed the changes,if applicable. a is linei
9. Initials of attorney verifying that the attached document is the version approved by the BCC, f /A is ='
all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. r I
**+Please send a copy to Ernest B. Abbott at eabbott@bakerdonelson.com**
16K 3
MEMORANDUM
Date: March 11, 2021
To: Jessica Hayes, Legal Assistant
County Attorney's Office
Cc: Ernest B. Abbott, Counsel
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Pt Amendment to Retention Agreement for Specialized
FEMA Legal Services
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
Attached for your records is one (1) scanned copy of the document as referenced
above, (Item #16K3) adopted by the Board of County Commissioners on Tuesday,
March 9, 2021.
The original settlement agreement has been kept by the Minutes & Records
Department as part of the Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
I 3
FIRST AMENDMENT TO RETENTION AGREEMENT
THIS FIRST AMENDMENT TO RETENTION GREEMENT is entered into on the
below date by Collier County, Florida, a political subdivision of the State of Florida, through its
Board of County Commissioners, hereinafter referred to as the "County" and Baker, Donelson,
Bearman, Caldwell&Berkowitz, P.C.,(hereinafter referred to as"Counsel").
WITNESSETH
WHEREAS, on May 31, 2019, the County and Counsel entered into a Retention
Agreement (the "Agreement"), with an effective date of April 23, 2019, wherein the County
agreed to retain Counsel to provide professional specialized legal services that has particular
expertise in representing public agency clients on issues arising under the laws, regulations, and
policies of the Federal Emergency Management Agency("FEMA"); and
WHEREAS, the professional services to be rendered as specified in Article 3 of the
Agreement provides for an initial two-year (2) term with three (3) additional renewal terms of
one year per each term;and
WHEREAS, the initial term of the Agreement, is currently scheduled to terminate on
April 22,2021,unless otherwise renewed; and
WHEREAS,the rates for the firm have remained unchanged for the first two years of the
Agreement as set forth in Article 1,subsection 1.2,of the Agreement;and
WHEREAS, the Parties wish to amend the Agreement to exercise the first renewal term
under the Agreement and to adjust the rates in accordance with the current standard rates that
Counsel extends to other public agencies; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the Parties hereto agree to amend the Agreement as follows:
1. The Parties agree to exercise the first renewal term as provided in Article 3,Term and
Time of Performance,under the Agreement effective as of April 23,2021.
2. Exhibit"A"to the Agreement, which contains the rates of compensation that Counsel
will charge upon providing its specialized legal services is amended, and the amended
rates shall remain in effect without change for three(3)years effective as of April 23,
2021 forward,as follows:
151
3t
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16K 3
EXHIBIT A
{ For professional services rendered, Baker Donelson's fee shall be based on the following
hourly rate:
Attorney Billing Rate
Ernest B.Abbott $54-0708$550.00 per hour
Shareholder rate(not to exceed) $380 to $475.00 per hour
Partners(not to exceed) $370.00 per hour
Associates/Disaster Specialists $230.00 to$300.00 per hour
Paralegals/Legal Assistants $200 per hour
Baker Donelson's fee shall not exceed $100,000.00 per new matter assigned without the
approval of the Board of County Commissioners. Any expenditure beyond the initial
$100,000.00 approval by the Board of County Commissioners must have Board approval prior to
work being performed. (Where appropriate a"not to exceed" sum shall be agreed to when each
assignment is made to Baker Donelson.)
In the event that Baker Donelson is required or requested to perform any additional or
extraordinary services not herein contemplated, Baker Donelson shall be entitled to apply for
additional compensation, the amount of which shall be subject to the approval of County and no
such additional compensation in excess of the amount herein stated shall be paid unless
specifically authorized in advance by County in its sole discretion.
Baker Donelson shall provide, at no cost to County, the annual response to County's
auditors regarding pending or threatened litigation. The auditors typically request information
regarding all litigation, claims and assessments considered to be material. The response should
include the nature of the litigation, the progress of the case to date, an estimate of the amount or
range of potential loss, and any other information considered necessary to explain the case.
Baker Donelson shall provide said response within 30 days of receipt of the request.
Divisions, or departments within such divisions, shall be responsible and pay for legal
counsel services relating to litigation and outside counsel specifically for cases, matters or issues
relating to such division or department, as determined by the County Attorney in coordination
with the County Manager.
2
S
1 6 K 3
Except as modified by this First Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect. If there is a conflict between the terms of this
First Amendment and the Agreement,the terms of this amendment shall prevail.
IN WITNESS HEREOF, the parties have executed this First Amendment to the
Agreement on this WA day of (nacar, , 2021, with the intention to attach this
amendment to the original Agreement.
ATTEST:. BOARD OF COUNTY COMMISSIONERS
Crysol'IC,KinzeL,"- COLLIER 0 'TY, FLORIDA
Clerk of Courts,and.t'bmptroller
r.)(tccut„;, . _
Attest 8S to Chairitialrs , u Commissions enny Taylor, Chairman
signattlre on(r.,,..
pp ved as to f d legality:
21
Scott R. each
Deputy County Attorney
BAKER,DONELSON,BEARMAN, CALDWELL
&BE WITZ P A
By:
1 IIts: OF i. ,i cO c EL.
S OF Uif6LAB'
COUNTY OF 1
The foregoing R ention A eem4nt was ackr;ov�ledged b fore me this, day of
,2021,by t Nt'r ' botj t as of Baker,Dpqnelson,
Bearman,�aldwell &Berkowitz,P.C.,on behalf of r , Gee to l't .e4-.t.`. He/she is
personally known to me or produced_ _as identification.
OA j;IL
afilk - ,VODY
gliignature of No Public
r—ooesipn.a ny: Qy- kk•L 1 A1\t t -'
DF86E2526CBMCY_. Name of Notary Public typ d, printed or �' I
My Commission Expires: 0I N
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