Agenda 11/14/2023 Item #16K 1 (3rd Amendment to Agreement for Legal Services w/Nabors, Giblin & Nickerson, P.A. for bond issuance services)11/14/2023
EXECUTIVE SUMMARY
Recommendation to approve a Third Amendment to Agreement for Legal Services with Nabors, Giblin &
Nickerson, P.A. for specialized legal services, extending the term and providing the first increase to fees for
bond issuance services since 2003.
OBJECTIVE: To obtain Board approval of the attached Third Amendment to Retention Agreement for specialized
legal services with Nabors, Giblin & Nickerson, P.A. (“Counsel”) extending the term and providing an increase to
its fees for bond issuance services.
CONSIDERATIONS: On September 9, 2008, the County and Counsel entered into an Agreement for Legal
Services (the “Agreement”) wherein the County agreed to retain Counsel to provide professional specialized legal
services. Counsel has been providing specialized local government legal services for the County on an as-needed
basis for more than two decades. The attached proposed Third Amendment to the Agreement seeks to extend the
term of the Agreement for three additional years through November 17, 2026, with the option to renew thereafter
for two additional one-year renewal terms, and increases the fees for Counsel’s assistance with bond issuance
services, which have not increased since 2003.
The fee increase Counsel is requesting for bond issuance assistance still remains lower than the rate it currently
charges other public agencies for the same services. Counsel’s services were originally obtained through a
competitive process but the retention of legal services is an allowable exemption to the competitive process under
the County Procurement Ordinance, and staff is recommending that retaining Counsel is in the best interest of the
County considering it has participated in the issuance of the County’s bond transactions for at least two decades and
has institutional knowledge regarding those transactions.
FISCAL IMPACT: No immediate fiscal impact will be realized by approving the proposed attached Amendment.
Subject to Board approval the fees for bond issuance services would apply if Counsel’s services are engaged on a
going forward basis.
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 attached Third
Amendment to Retention Agreement for specialized legal services with Nabors, Giblin & Nickerson, P.A.
extending the term of the agreement and providing an increase to its fees for bond issuance services.
Prepared by: Scott R. Teach, Deputy County Attorney
ATTACHMENT(S)
1. Third Amend 10.24.23 (PDF)
16.K.1
Packet Pg. 1971
11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 27085
Item Summary: Recommendation to approve a Third Amendment to Agreement for Legal Services with Nabors,
Giblin & Nickerson, P.A. for specialized legal services, extending the term and providing the first increase to fees
for bond issuance services since 2003.
Meeting Date: 11/14/2023
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
10/24/2023 10:52 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/24/2023 10:52 AM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/24/2023 3:25 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/25/2023 8:28 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/25/2023 9:26 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 11/01/2023 10:21 AM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 11/01/2023 4:51 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
16.K.1
Packet Pg. 1972
16.K.1.aPacket Pg. 1973Attachment: Third Amend 10.24.23 (27085 : Third Amendment to Agreement for Legal Services with Nabors, Giblin & Nickerson, P.A.)
16.K.1.aPacket Pg. 1974Attachment: Third Amend 10.24.23 (27085 : Third Amendment to Agreement for Legal Services with Nabors, Giblin & Nickerson, P.A.)
16.K.1.aPacket Pg. 1975Attachment: Third Amend 10.24.23 (27085 : Third Amendment to Agreement for Legal Services with Nabors, Giblin & Nickerson, P.A.)