Backup Documents 01/09/2024 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 routing_lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office
4. BCC Office Board of County C-$ Eby MB
Commissioners [s] I!IIl2y
5. Minutes and Records Clerk of Court's Office rviI_ I n
F I-�si
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 1/$/24 Agenda Item Number 16K4
Approved by the BCC
Type of Document(s) Amendment Number of Original 1
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_1/V/24_and all changes made during
the meeting have been incorporated in the attached document. The County Attorney
Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the 0t,p-
Chairman's signature.
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
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FIRST AMENDMENT TO RETENTION AGREEMENT
BOY AGNEW POTANOVIC MILLER PLLC
THIS FIRST AMENDMENT to Retention Agreement for Legal Services is entered into
this 14h day of January 2024, 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
Boy Agnew Potanovic Miller PLLC (hereinafter referred to as "Counsel").
WITNESSETH
WHEREAS, on January 22, 2019, the County and Counsel entered into a Retention
Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide
professional specialized legal services; and
WHEREAS, the Retention Agreement provided for a two-year term with three additional
one-year renewal periods and on August 31, 2020, August 25, 2021, and January 4, 2023, the
Parties agreed to extend the term of the Agreement consistent with its terms thereby extending the
termination date to January 22, 2024; and
WHEREAS, the current renewal term of the Agreement is scheduled to terminate on
January 22, 2024, and the Parties wish to amend the Agreement to extend the term of service for
providing these specialized legal services for an additional two (2) years, with similar renewal
terms, and the Parties wish to amend the fee schedule and an effective commencement date of
January 9, 2024; and
WHEREAS,during the term of the Retention Agreement the law firm changed names from
Boy Agnew Potanovic PLLC to Boy Agnew Potanovic Miller LLC on or about May 5, 2021; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties hereto agree to amend the Agreement as follows:
1. Article 3 entitled Term and Time of Performance is amended as follows:
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall be for a period of two (2)years to begin January
22 , 2019 January 9, 2024 and to end on January 22, 2021 January 9, 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
three (3) additional terms of one (1) year each. (In the event the term of this Agreement
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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 Retention Agreement is replaced and superseded in
its entirety with the attached Exhibit A-1.
3. Except as modified by this First Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect as previously amended. 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 have executed this First Amendment to the
Agreement on this day of January 2024,with the intention to attach this First Amendment
to the original Agreement.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K: Kinzel, Clerk.of Courts COLLIE C UNTY, FLORIDA
&Comptroller -
By: D'C By:
Dated: 1 —I I— (N°9 Chris Hall, Chairman
Attest aidto Chairman's
•signature only aprovO&FMVk1
form and leg lity:
B .
Colleen M. Greene
Managing Assistant County Attorney
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S
16K4
Boy Agnew Potanovic Miller PLLC.
By:
Its: i(nAr,a a. /ne„., ,v-
Print Name: 5L-0-Annc_ &,
STATE OF V.is•e, c�q Jv(
COUNTY OF L e e
n�l
The foregoing First Amendment was acknowledged before me this c, day of
�QnU9nttt , 2024, by Suzannz. y as Manace / cmb.cof Boy Agnew Potanovic
er
Miller PLLC. He/she it onally-known to m for produced
as identification. ��
Signature o otary Public
Vines sQ Cie
Name of Notary Public typed, printed or
My Commission Expires:
.i"N VANESSA BETZ
Dmt
•'Commission#HH 423278
Expires Noremrer 19,2027
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EXHIBIT "A-1"
For professional services rendered, Boy Agnew Potanovic Miller, PLLC fee shall be based on
the hourly rate as follows:
Principals/Partners $275.00$315 per hour
Associates $190.00$225 per hour
Law Clerks& Paralegals $ 90.00$125 per hour
Boy Agnew Potanovic Miller, PLLC'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 Boy Agnew Potanovic Miller, PLLC)
In the event that Boy Agnew Potanovic Miller, PLLC is required or requested to perform any
additional or extraordinary services not herein contemplated,Boy Agnew Potanovic Miller,PLLC,
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.
Boy Agnew Potanovic Miller, PLLC 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. Boy Agnew Potanovic Miller, PLLC 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.
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