Agenda 10/24/2023 Item #16K4 (Amendment to Retention Agreement with Carlton Fields P.A)10/24/2023
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Retention Agreement with Carlton Fields, P.A., for
specialized legal and mediation services, extending the term and providing for the first increase to their
hourly rates since 2018.
OBJECTIVE: To obtain Board approval of the attached Amendment to Retention Agreement for specialized legal
and mediation services with Carlton Fields, P.A. (“Counsel”) extending the term and providing an increase to their
hourly rates.
CONSIDERATIONS: On October 8, 2013, the County and Counsel entered into a Retention Agreement (the
“Agreement”) wherein the County agreed to retain Counsel to provide professional specialized legal services.
Counsel has been providing specialized legal services for the Count y on an as-needed basis for more than twenty-
five (25) years. The attached proposed Amendment to the Retention Agreement seeks to extend the term of the
Agreement for two additional years through October 27, 2025, with the option to renew thereafter for t hree
additional one-year renewal terms, and increases the hourly rates for firm principals and associates by
approximately 15%. The hourly rates for Counsel have not been increased since 2018.
Counsel requested the rate increase to counter market conditions and increased costs. Historically, the County has
generally engaged Counsel in complex construction litigation cases. Counsel also provides very productive
mediation services at a reasonable rate under the Agreement.
FISCAL IMPACT: No immediate fiscal impact will be realized by approving the proposed attached Amendment.
Subject to Board approval the hourly rates for firm principals and associates would increase by approximately 15%
if Counsel’s services are engaged.
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 approves, and authorizes its Chairman to sign the Amendment to
Retention Agreement with Carlton Fields, P.A. extending the term of the agreement and providing for an increase
to the hourly rates.
Prepared by: Scott R. Teach, Deputy County Attorney
ATTACHMENT(S)
1. Amendment to Retention Agreement (PDF)
2. 14-6194 CarltonFields_Contract 2013 (PDF)
16.K.4
Packet Pg. 1811
10/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 26886
Item Summary: Recommendation to approve an Amendment to Retention Agreement with Carlton Fields, P.A.,
for specialized legal and mediation services, extending the term and providi ng for the first increase to their hourly
rates since 2018.
Meeting Date: 10/24/2023
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
10/10/2023 11:54 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/10/2023 11:54 AM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/13/2023 8:32 AM
Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 10/13/2023 8:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/13/2023 9:10 AM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 10/13/2023 2:34 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 10/15/2023 8:14 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM
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