Backup Documents 11/14/2023 Item #16K 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 1
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 routing lines#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 ) JI yi ��
J
4. BCC Office Board of County RL by MB
Commissioners [s] 1 (11912,5
5. Minutes and Records Clerk of Court's Office
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 11/14/23 Agenda Item Number 16.K.1
Approved by the BCC
Type of Document(s) Amendment to Agreement 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)
I. 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_11/14/23_and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney Office has reviewed the changes,if applicable. (RT 10' his line.
9. Initials of attorney verifying that the attached document is the version approved by the '/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the ,lr i,option for
Chairman's signature. _ I tt dine.
Please email a completed copy to
Madison.Bird@Colliercountyfl.gov
I:Forms/County Forms/BCC Fo .05;2.24.05;11/30/12;4/22/16;9/10/21
16K ?
►
THIRD AMENDMENT TO AGREEMENT
FOR
LEGAL SERVICES
THIS THIRD AMENDMENT made and entered into on this itk H day of ne4ca+bv
2023,by and between Nabors,Giblin&Nickerson,P.A.("Counsel")and Collier County,a political
subdivision of the State of Florida, through its Board of County Commissioners (the "County")
(collectively referred to herein as the"Parties"):
WHEREAS, on September 9, 2008, 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 10,2013, County and Counsel entered into an Amendment to
Agreement for Legal Services to extend the term of the agreement; and
WHEREAS, on September 11, 2018, the County and Counsel entered into a Second
Amendment to Agreement for Legal Services to further extend the term of the agreement for three
years,with two additional one-year renewal terms;and
WHEREAS, the term of the most recent Amendment to the Agreement will expire on
November 17,2023;and
WHEREAS, the Parties desire to further amend the Agreement to extend the term of
services for an additional three years,with two additional renewal terms of one year each term, and
to increase the fee's associated with Counsel's assistance with the issuance of Bonds, which has
remained unchanged for twenty(20)years,upon the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained,it is agreed by the Parties as follows:
► 1. Article 4 entitled Term and Time of Performance is amended as stated below:
4.1 The term of this Agreement shall be for a period of three years to begin November
18,204-8.2023, and to end on November 17,202+2026,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 two (2)
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.)
2. The existing Exhibit A to the Agreement is replaced and superseded in its entirety with the
attached Exhibit A-I.
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Third Amendment to Agreement for Legal Services
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3. Except as modified by this Third Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the Parties have executed this Third Amendment by an authorized
person or agent on the date and year first written above.
ATTEST:
Crystal K.Kinzel,Clerk of Circuit Court BOARD OF COUNTY COMMISSIONERS
and Comptroller COLLIER COUNTY,FLORIDA
4c,;(40
r(( Rick LoCastro,Chairman
1 14
Dated: �-
(SEAL) ° A as.to Chairman's
signature•only.
Counsel's Witnesses: COUNSEL:
Nabors,Giblin&Nickerso ,P.A.
•
first Witness
By: ^^'�
F / Ca. Signature
i/l4� is rrCfSGO
TType/print witness names Steven E. Miller,Senior Vice President
TType/print signature and titleT
Second Witness
. October 23,2023
1 d\M Date
TType/print witness name!
A roved a t Form n ality:
ott, .Teach,Deputy County Attorney
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Third Amendment to Agreement for Legal Services
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EXHIBIT A-I
Size/Type of Issue Fee
Bond issue-First$50,000,000 $1.25 per bond
Bond issue—Second$50,000,000 $0.85 per bond
Bond issue—Third$50,000,000 $0.50 per bond
Bond issue—Above$150,000,000 $0.25 per bond
tI
Minimum Bond fee $25,000
Private Placement 80%of the fee calculated above
Minimum Fee--$20,000
{
NOTES:
In the context of the above,a Bond is a$1,000 increment of the principal amount of Bonds issued. Payment of the fee
described herein shall be contingent upon successful issuance of the Bonds. Depending on the complexity,or lack
thereof,of the legal work associated with the issuance of Bonds,the above fee schedule can be adjusted up or down upon
the written consent of both parties.
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Third Amendment to Agreement for Legal Services
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