Backup Documents 10/24/2023 Item #16K 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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.
** 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 routinglines#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. (Enter your Dept here)
3. County Attorney Office County Attorney Office ' 5-a ,d)0 4-3
4. BCC Office Board of County RL by MB
Commissioners [s] (0(7512�j
5. Minutes and Records Clerk of Court's Office 11 9.5 '
/0/01(0/A03
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 Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 10/24/23 Agenda Item Number 16.K.4
Approved by the BCC
Type of Document(s) Amendment Number of Original
Attached Documents Attached
PO number or account
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 signature?(stamped unless otherwise stated) MB
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 legality. (All documents to be signed by MB
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 MB
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 MB
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 MB
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 uploaded to the
agenda. 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_10/24/23_and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County SDI an option for
Attorney Office has reviewed the changes, if applicable. t�, this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the U�(I/ an option for
Chairman's signature. �`` this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
1 6 K 4 11
AMENDMENT TO RETENTION AGREEMENT WITH CARLTON FIELDS,P.A.
THIS AMENDMENT TO RETENTION AGREEMENT for legal services 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 Carlton Fields, P.A., (hereinafter
referred to as "Counsel").
WITNESSETH
WHEREAS, on October 8, 2013, (Agenda Item 1610)the County and Counsel entered into an
Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide professional
specialized legal services; and
WHEREAS, on September 25, 2018, (Agenda Item 16.K.1) the Parties entered into an
Amendment to the Agreement providing for an extension of the original term for two additional years,
with the ability to further renew the Agreement for three additional terms of one-year each;and
WHEREAS, on February 16, 2021, the Parties further amended the Agreement to correct
billing rates reflected on Exhibit"A"to the Agreement; and
WHEREAS, on May 19, 2023, the Parties further amended the Agreement to add an
additional billing category and rate associated with Counsel's provision of mediation services that can be
billed under the Agreement as a legal service under Exhibit "A," and to clarify that the need to submit
the Exhibit "C" Certificate only applies when reimbursable expenditures are included as part of an
invoice, and not when Counsel submits an invoice only seeking payment for services based on the hourly
rates designated in Exhibit"A"; and
WHEREAS, the Parties have renewed the Agreement as permitted thereunder and the contract
between the Parties remains active and services are currently eligible to be rendered thereunder,with
the current term of the Agreement set to expire on October 27,2023; and
WHEREAS,the Parties wish to further amend the Agreement to extend the term of service and
the existing rates for Principals and Associates, which have not been increased since 2018 for providing
these specialized legal services, for an additional two years, with three one-year renewal terms
commencing on October 28,2023.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree to further amend the Agreement as follows (underscoring/added and
strikethrough/deleted):
1. The rates for Principals and Associates provided for in Exhibit "A" to the Agreement is
amended as follows:
EXHIBIT"A"
For professional services rendered, Carlton Fields' fee shall be based on the hourly rate as follows:
Paul J.Ullom $460.00 400.00 per hour;
and all other firm principals;
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1 6K 4 I
$315.00 27--5,00 per hour for services provided by associates;
$175.00 per hour for services provided by law clerks¶legals.
Mediator Services $420.00 per hour
(split evenly between the participating parties)
Carlton Field'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 Carlton Fields.)
In the event that Carlton Fields is required or requested to perform any additional or extraordinary
services not herein contemplated, Carlton Fields 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.
Carlton Fields 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. Carlton Fields shall provide said
response within 30 days of receipt of the request.
NOTES:
• 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. Article 3, Term and Time of Performance is amended as follows:
ARTICLE3
TERM AND TIME OF PERFORMANCF,
3.1 The term of this Agreement shall be for a period of two(2)years to begin October
28,2023 and to end on October 27,2025,unless terminated earlier in accordance with the
provisions of this Agreement. Absent notice of intent to terminate,the Agreement may be
renewed upon mutual consent of the parties for three(3) additional terms of one (1)year
each. (In the event the term of this Agreement extends beyond a single fiscal year of
County, the continuation of this Agreement beyond the end of any fiscal year shall be
subject to the availability of funds from County in accordance with Chapter 129, Florida
Statutes.)
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16K. 4
Except as modified by this Amendment, all other terms and conditions of the Agreement, as
previously amended, shall remain in full force and effect. If there is a conflict between the terms of this
Amendment and the Agreement,the terms of this Amendment shall prevail.
IN WITNESS WHEREOF,the Parties hereto, have each, respectively, by an authorized person
or agent,have executed this Amendment as of the 24th day of October 2023.
ATTEST:
Crystal K.Kinzel;Clerk of Circuit Court BOARD OF COUNTY COMMISSIONERS
and Comptroller COLLIER COUNT FLORIDA
By: �� By: __-
;:�, r . Rick LoCastro,Chairman
2623 Dated:
(SEAL) Attest as o,
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Carlton 7____._ !,
' ds" itnesses: CONTRACTOR:
Carlton Fi
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First Witn ss By: , •
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