Backup Documents 03/12/2024 Item #16K4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 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 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 SRT/mb 3/12/24
4. BCC Office Board of County CH by MB 3/13/24
Commissioners [s]
5. Minutes and Records Clerk of Court's Office
1i y1
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 additions missing information.
Name of Primary Staff Madison Bird it Phone Number 2939
Contact/Department
Agenda Date Item was 3/12/24 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_3/12/24_and all changes made SRT/mb ;1
during the meeting have been incorporated in the attached document. The County : •a • :�
Attorney Office has reviewed the changes, if applicable. ?
9. Initials of attorney verifying that the attached document is the version approved by the SRT/mb
BCC, all changes directed by the BCC have been made, and the document is ready for theTvtiltiWk
Chairman's signature. Rq
Please email a completed copy to
Madison.Bird@Colliercountyfl.gov
I:Forms/County Forms/BCC Fon )5;2.24.05; 11/30/12;4/22/16;9/10/21
16K4
SECOND AMENDMENT TO RETENTION AGREEMENT
THIS SECOND 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 with particular
expertise in representing public agency clients on issues arising under the laws, regulations, and
policies of the Federal Emergency Management Agency ("FEMA"), and whose past
representation of the County has been performed by a prior General Counsel to FEMA;and
WHEREAS, the professional services to be rendered as specified in Article 3 of the
Agreement provided 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, was scheduled to terminate on April 22,
2021, but was renewed through the execution of a First Amendment to Retention Agreement
entered into by the Parties on March 9,2021,for the remaining three(3)renewal terms; and
WHEREAS, the rates for Counsel have remained unchanged for the last three renewal
terms as provided for in numbered paragraph two of the First Amendment to Retention
Agreement;and
WHEREAS, the Parties wish to further amend the Agreement to extend the contract for
two more years effective as of April 23, 2024, and to adjust the rates in accordance with the
current standard rates that Counsel extends to other public agencies.
NOW,THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties hereto agree to further amend the Agreement as follows:
1. The Parties agree to amend the Agreement to provide for an additional two-year
renewal term as provided in Article 3, Term and Time of Performance, wider the
Agreement effective as of April 23, 2024 and continuing through April 23,2026.
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 during the two-year renewal term effective
as of April 23,2024 as revised and reflected below:
1 6 K 4
EXHIBIT A
For professional services rendered,Baker Donelson's fee shall be based on the following
hourly rate:
Attorney Billing Rate
Ernest B. Abbott $550.00$675.00 per hour
Shareholder rate(not to exceed) $3844-te44-7-5700
$415 to$605.00 per hour
Of Counsel $405.00 to$615.00 per hour
Associates/Disaster Specialists
$275.00 to$450.00 per hour
Paralegals/begal-Assistants per-heur
Disaster Recovery Coordinator $250.00 to$315.00 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
$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 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
0403
16K4
3. The last sentence in Article 1, Compensation; Method of Payment, of the
Agreement shall be amended and revised as follows: "The Certificate contained in Exhibit "C"
must be included with every invoice only where reimbursable expenses incurred during the
course of the representation are being submitted for payment."
4. Except as modified by this Second 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 Second Amendment and the Agreement,the terms of this amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to the
Agreement on this 12+41 day of rhucch , 2024, with the intention to attach this
amendment to the original Agreement.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K.I(inzel, COLLIER COUNTY,FLORIDA
Clerk of Courts a s 'troller
By: d • By:
Attest as to irman`s,�Deputy Clerk Co sioner Chris Hall,Chai an
sicgnatl.ire ••y
proveds to for l ality:
Scott R.Teac
Deputy County Attorney
3 (#
1 6 K 4
BAKER,DONELSON, BEARMAN, CALDWELL
&BERKOWITZ,P.C.
By:
Its: Of Counsel
STATE OF l)t-,1rlc.'C,4 eniu61 ,',,
COUNTY-OF-
The foregoing Second Amendment to Retention Agreement was acknowledged before
me this//"day of `S Gi Viveca r' ,2024,by grit \ 0 Abio - as (7.4 ('curnseI of
Baker,Donelson,Bearman,Cal ell&Berkowitz,P.C.,on behalf of
.t -I he is personally known to me gr produced
as identification.
s.,1/ 1 4 CAA cic
Signature of Notary Public
1�'i cl t . c �Arict /•t . Yp,;••�ELLE o''
t40,
Name of Notary Public typed,printed'ci : 0,,,""' '`
My Commission Expires: :4 .;h
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