Agenda 09/14/2021 Item #16K 3 (Amendment #2 to a Retention Agreement for Legal Services w/Woods Weidenmiller Michetti Rudnick, LLP)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Second Amendment to a Retention Agreement for Legal Services
with Woods Weidenmiller Michetti Rudnick, LLP, extending the term of performance and
increasing its hourly rates for the first time in ten years.
OBJECTIVE: That the Board approves, and authorizes its Chair to sign the attached Second Amendment
to Retention Agreement for Legal Services relating to a Retention Agreement with the law firm of Woods
Weidenmiller Michetti Rudnick, LLP (“Counsel”).
CONSIDERATIONS: On February 8, 2011, the County and Counsel entered into a Retention
Agreement for Legal Services (the “Agreement”) wherein the County agreed to retain Counsel to provide
professional specialized legal services. On October 25, 2016, the County and Counsel entered into a first
Amendment to Agreement extending the term (with all incorporated renewal terms) through December 8,
2021.
The hourly rates for Counsel have not been increased since the Board approved the Agreement in 2011,
more than ten years ago. This proposed Second Amendment increases the rates for Counsel and support
staff to a rate that is consistent with rates currently provided to other outside counsel representing the
County, and well below the rates that Counsel charges to its private sector clients. Counsel sought the
rate increase to counter market conditions and increased costs since it first began representing the County
on matters more than a decade ago. The proposed Second Amendment also includes a provision that
allows Counsel to seek recovery of the rate it charges to its private sector clients from a court, while only
charging the County its agreed upon public sector rates, should the County be awarded prevailing party
attorneys’ fees against an opposing party in litigation.
Lastly, the Second Amendment also extends the Agreement through December 8, 2023, with three
additional mutually agreeable one-year renewal terms.
FISCAL IMPACT: There is no change in the fiscal impact portion of the Agreement.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: That the Board approve and authorize its Chair to sign the attached Second
Amendment to Retention Agreement for Legal Services, extending the term and increasing the hourly
rates, with the law firm Woods Weidenmiller Michetti Rudnick, LLP.
Prepared by: Scott R. Teach, Deputy County Attorney
ATTACHMENT(S)
1. Second Amendment Woods 081721 (PDF)
2. First Amendment Woods (PDF)
3. Agreement Woods 020811 (PDF)
16.K.3
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09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 17799
Item Summary: Recommendation to approve a Second Amendment to a Retention Agreement for
Legal Services with Woods Weidenmiller Michetti Rudnick, LLP, extending the term of performance and
increasing its hourly rates for the first time in ten years.
Meeting Date: 09/14/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
08/18/2021 8:27 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/18/2021 8:27 AM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/23/2021 10:06 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/23/2021 10:26 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/23/2021 1:26 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/03/2021 11:38 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/07/2021 1:53 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
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