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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 16.K.4 Packet Pg. 1812 16.K.4.a Packet Pg. 1813 Attachment: Amendment to Retention Agreement (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.a Packet Pg. 1814 Attachment: Amendment to Retention Agreement (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.a Packet Pg. 1815 Attachment: Amendment to Retention Agreement (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1816 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1817 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1818 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1819 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1820 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1821 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1822 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1823 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1824 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1825 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1826 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1827 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1828 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1829 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1830 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1831 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1832 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1833 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.) 16.K.4.b Packet Pg. 1834 Attachment: 14-6194 CarltonFields_Contract 2013 (26886 : Approve an Amendment to Retention Agreement with Carlton Fields, P.A.)