Agenda 03/12/2024 Item #16K 4 (Second amendment to Retention Agreement to provide specialized FEMA Legal Services)03/12/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Second Amendment to Retention
Agreement for specialized FEMA legal services on an “as needed” basis with the law firm of Baker,
Donelson, Bearman, Caldwell & Berkowitz, P.C.
OBJECTIVE: To obtain approval of a Second Amendment to Retention Agreement with Baker, Donelson,
Bearman, Caldwell & Berkowitz, P.C. to provide specialized FEMA legal services on an "as needed" basis.
CONSIDERATIONS: Attached for the Board's review and approval is a Second Amendment to Retention
Agreement (the “Second Amendment”) with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz,
P.C. (the “Firm”). This request seeks approval of the proposed Second Amendment to extend the Agreement for a
two-year additional term under the Retention Agreement and to adjust the Firm’s rates, which have remained
unchanged during the last three years of the agreement.
Although this firm has a wide array of legal expertise, the County generally limits requests for services on an as-
needed basis in matters concerning the recovery of Federal Emergency Management Agency (“FEMA”) funds.
The rates charged by the Firm varies, as with any law firm, depending upon the attorney working on the matter and
the other resources that are necessary to provide the County with the services it requests. In the past, the County
has primarily engaged the Firm’s attorney Ernest B. Abbott, who previously served as General Counsel to the
Federal Emergency Management Agency. Mr. Abbott’s rate has remained the same for the last three years and the
proposed rate increase would raise his hourly rate to $675.00 per hour. The Firm and Mr. Abbott have offices in
Washington, DC. Other upward rate adjustments were made to Firm shareholders, Associates/Disaster Specialists,
Of Counsel members, and Paralegals/Legal Assistants. All proposed rate revisions are tracked in the attached
proposed Second Amendment to Retention Agreement. These rates represent the Firm’s standard rates extended to
public agencies and the Firm has agreed to keep these rates in affect for the duration of the two -year extension
under the Agreement.
The benefit of retaining such specialized counsel is its frequent interaction with the federal and State FEMA
agencies and its ability to hit the ground running on matters concerning the recovery/retention of FEMA funds
following natural disasters or beach renourishment matters.
FISCAL IMPACT: The approval and execution of the proposed Second Amendment to Retention Agreement has
no fiscal impact in and of itself, but there will be a fiscal impact in accordance with the terms and conditions of
such contracts, upon the County's request for legal services.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached Second
Amendment to Retention Agreement with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
for specialized legal services requested on an as-needed basis to extend the term of the Agreement and increase the
Firm’s rates as set forth in the attached amendment.
Prepared by: Scott R. Teach, Deputy County Attorney
ATTACHMENT(S)
1. Second Amend Baker Donelson FEMA 02.23.24 (PDF)
2. Baker Donelson Bearman Caldwell Berkowitz - Retention Agreement - April 23 2019 to April 22 2021
(PDF)
3. Amendment to Retention Agreement (PDF)
16.K.4
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03/12/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 28153
Item Summary: Recommendation to approve and authorize the Chairman to execute a Second Amendment to
Retention Agreement for specialized FEMA legal services on an “as needed” basis with the law firm of Baker,
Donelson, Bearman, Caldwell & Berkowitz, P.C.
Meeting Date: 03/12/2024
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
02/23/2024 10:01 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/23/2024 10:01 AM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/28/2024 8:29 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2024 8:48 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/28/2024 8:53 AM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 03/03/2024 9:37 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/06/2024 10:15 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM
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16.K.4.aPacket Pg. 1876Attachment: Second Amend Baker Donelson FEMA 02.23.24 (28153 : Second Amendment to Retention Agreement for specialized FEMA legal
16.K.4.aPacket Pg. 1877Attachment: Second Amend Baker Donelson FEMA 02.23.24 (28153 : Second Amendment to Retention Agreement for specialized FEMA legal
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Packet Pg. 1880 Attachment: Baker Donelson Bearman Caldwell Berkowitz - Retention Agreement - April 23 2019 to April 22 2021 (28153 : Second Amendment to
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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.
NEW** 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 routinp_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.
3. County Attorney Office County Attorney Office SRT 3-10-21
4. BCC Office Board of County PT by JH/s/ 3-10-21
Commissioners
5. Minutes and Records Clerk of Court's Office 1 A / ' / I
1/?-071 5ci"
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 Scott Teach/County Attorney's Office Contact Information 239-252-8400
Contact/Department bed 4-0 JC S j e5
Agenda Date Item was March 9,2021 Agenda Item Number 16K3
Approved by the BCC
Type of Document First Amendment to Retention Agreement with Number of Original 1
Attached the law firm of Baker,Donelson,Bearman, Documents Attached
Caldwell&Berkowitz,P.C.,to provide
specialized FEMA legal services on an"as
needed"basis by exercising the first renewal
term and adjusting the current rates.
PO number or account N/A
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 original signature N/A
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 legal sufficiency. (All documents to be SRT
signed by 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's N/A
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 SRT
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 SRT
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 input into SIRE.
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 3/9/2021 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's option or
Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by the BCC, A is not
all changes directed by the BCC have been made,and the document is ready for the o tion for
Chairman's signature.
please send a copy to Ernest B. Abbott at eabbott@bakerdonelson.com**
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Packet Pg. 1899 Attachment: Amendment to Retention Agreement (28153 : Second Amendment to Retention Agreement for specialized FEMA legal services.)
MEMORANDUM
Date:March 11, 2021
To: Jessica Hayes, Legal Assistant
County Attorney's Office
Cc: Ernest B. Abbott, Counsel
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: 1st Amendment to Retention Agreement for Specialized
FEMA Legal Services
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
Attached for your records is one (1) scanned copy of the document as referenced
above, (Item #16K3) adopted by the Board of County Commissioners on Tuesday,
March 9, 2021.
The original settlement agreement has been kept by the Minutes & Records
Department as part of the Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
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Packet Pg. 1900 Attachment: Amendment to Retention Agreement (28153 : Second Amendment to Retention Agreement for specialized FEMA legal services.)
FIRST AMENDMENT TO RETENTION AGREEMENT
THIS FIRST AMENDMENT TO RETENTION GREEMENT 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 Baker, Donelson,
Bearman, Caldwell&Berkowitz,P.C.,(hereinafter referred to as"Counsel").
WITNESSETH
WHEREAS, on May 31, 2019, the County and Counsel entered into a Retention
Agreement (the "Agreement"), with an effective date of April 23, 2019, wherein the County
agreed to retain Counsel to provide professional specialized legal services that has particular
expertise in representing public agency clients on issues arising under the laws, regulations, and
policies of the Federal Emergency Management Agency("FEMA");and
WHEREAS, the professional services to be rendered as specified in Article 3 of the
Agreement provides for an initial two-year (2) term with three (3) additional renewal terms of
one year per each term;and
WHEREAS, the initial term of the Agreement, is currently scheduled to terminate on
April 22,2021,unless otherwise renewed; and
WHEREAS,the rates for the firm have remained unchanged for the first two years of the
Agreement as set forth in Article 1,subsection 1.2,of the Agreement;and
WHEREAS, the Parties wish to amend the Agreement to exercise the first renewal term
under the Agreement and to adjust the rates in accordance with the current standard rates that
Counsel extends to other public agencies; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the Parties hereto agree to amend the Agreement as follows:
1. The Parties agree to exercise the first renewal term as provided in Article 3,Term and
Time of Performance,under the Agreement effective as of April 23, 2021.
2. Exhibit"A"to the Agreement, which contains the rates of compensation that Counsel
will charge upon providing its specialized legal services is amended, and the amended
rates shall remain in effect without change for three(3)years effective as of April 23,
2021 forward,as follows:
is
t f
it
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Packet Pg. 1901 Attachment: Amendment to Retention Agreement (28153 : Second Amendment to Retention Agreement for specialized FEMA legal services.)
EXHIBIT A
For professional services rendered, Baker Donelson's fee shall be based on the following
hourly rate:
Attorney Billing Rate
Ernest B.Abbott 444OO$550.00 per hour
Shareholder rate(not to exceed)380 to $475.00 per hour
Partners(not to exceed) 370.00 per hour
Associates/Disaster Specialists 230.00 to$300.00 per hour
Paralegals/Legal Assistants 200 per hour
Baker Donelson'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
I00,000.00 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 Baker Donelson.)
In the event that Baker Donelson is required or requested to perform any additional or
extraordinary services not herein contemplated, Baker Donelson 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.
Baker Donelson 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.
Baker Donelson shall provide said response within 30 days of receipt of the request.
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
CAO
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Packet Pg. 1902 Attachment: Amendment to Retention Agreement (28153 : Second Amendment to Retention Agreement for specialized FEMA legal services.)
Except as modified by this First Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect. If there is a conflict between the terms of this
First Amendment and the Agreement,the terms of this amendment shall prevail.
IN WITNESS HEREOF, the parties have executed this First Amendment to the
Agreement on this Wa day of CAUCYN , 2021, with the intention to attach this
amendment to the original Agreement.
ATTEST:, " BOARD OF COUNTY COMMISSIONERS
CrystaPK:•Klnzei," COLLIER 0 'TY, FLORIDA
Clerk of Courts'end.Comptroller
By`w By:
Attest 1s t0 Chaitiliaa's , u Commissions enny Taylor,Chairman
signature oary.,,.
pp ved as to f d legality:
l.21
Scott R. each
Deputy County Attorney
BAKER,DONELSON,BEARMAN, CALDWELL
BE WITZ
By: tt
Its: dE c i ,icEL.
S OF UV r6 LA
COUNTY OF I
The foregoing R ention A Bement was ackrtovylledged bfore me this 4'C
day of
0 Y ,2021,by 1,1"M I-t Wo\O (as of Baker,D9nelson,
Bearman, aldwell &Berkowitz,P.C.,on behalf of 1A S1 Pt,.e#.a.\. He/she is
personally known to me or produced_ as identification.
p-ji ON\ - VODY
gnature of No Public
000usgn.a by:
Tt2r.z.. Av,ok.')e,Ak\t- c)otp)vN,
DFeBE252OCo 4c2. Name of Notary Public typ d, printed or IMyCommissionExpires: Y 1 511
3
49
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Packet Pg. 1903 Attachment: Amendment to Retention Agreement (28153 : Second Amendment to Retention Agreement for specialized FEMA legal services.)