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Agenda 04/23/2024 Item #16K 9 (1st Amendment to Agreement for Legal Services w/Ford & Harrison, LLP)04/23/2024 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute the First Amendment to Agreement for Legal Services relating to the County’s Retention Agreement with Ford & Harrison, LLP, extending the term for two years with three one-year renewals and increasing the law firm’s hourly rates. OBJECTIVE: To approve the First Amendment to Retention Agreement with Ford & Harrison, LLP. CONSIDERATIONS: On September 27, 2022, the County and Counsel entered into a Retention Agreement (the “Agreement”) wherein the County agreed to retain Ford & Harrison, LLP (“Counsel”) to provide professional specialized legal services. Among other legal areas, Ford Harrison specializes in labor and employment law, and Collier County EMS regularly works with Ford Harrison on Collective Bargaining and other Union related matters. The current contract provided for a two-year term, with three additional one-year renewal terms, as specified in Article 3 of the Agreement. The proposed attached First Amendment will extend the Agreement for two years through September 12, 2026, under the same renewal terms and general conditions set forth in the Agreement. Pursuant to the terms of the Agreement, the law firm has requested an increase to its hourly rates following the first two years of the Agreement. The law firm’s justification for the increase includes consistency with other public agencies and non-profits represented by the law firm and general market conditions. The increases are set forth in Exhibit A-1 as follows: Principals/Partners $270 to $300 and Law Clerks & Paralegals $90 to $125. In addition, Ford Harrison has requested to include a $300 hourly rate for Associates. FISCAL IMPACT: Funding for these services are included within the annual EMS budget request. The average annual fiscal impact over the last three years was approximately $8,900. Average annual costs may not reflect future spending patterns. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The attached proposed First Amendment is approved as to form and legality and requires a majority vote for approval. - CMG RECOMMENDATION: That the Board approves and authorizes the Chairman to execute the First Amendment to the Retention Agreement with the law firm of Ford & Harrison, LLP extending the expiration date to September 12, 2026 with three one-year renewals and increasing the law firm’s hourly rates. PREPARED BY: Colleen M. Greene, Managing Assistant County Attorney ATTACHMENT(S) 1. Ford Harrison Agreement 09 27 22 executed (PDF) 2. First Amendment Ford Harrison Mark Levitt(2) (PDF) 16.K.9 Packet Pg. 1790 04/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.9 Doc ID: 27775 Item Summary: Recommendation to approve and authorize the Chairman to execute the First Amendment to Agreement for Legal Services relating to the County’s Retention Agreement with Ford & Harrison, LLP, extending the term for two years with three one-year renewals and increasing the law firm’s hourly rates. Meeting Date: 04/23/2024 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 01/19/2024 3:50 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 01/19/2024 3:50 PM Approved By: Review: County Attorney's Office Colleen Greene CAO Reviewer Completed 04/17/2024 11:21 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/17/2024 11:28 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/17/2024 2:14 PM Office of Management and Budget Christopher Johnson OMB Reviewer Completed 04/17/2024 2:17 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/17/2024 4:00 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM 16.K.9 Packet Pg. 1791 RETENTION AGREEMENT WITH FORD & HARRISION,LLP This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Ford & Harrison, LLP, 300 South Orange Avenue, Suite 1300, Orlando, Florida 32801 ("Ford &Harrison") . Whereas, Ford & Harrison has special expertise and resources on a wide range of legal matters, with particular expertise in labor and employment law; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Ford&Harrison; Now, therefore, in consideration of the premises contained herein, the County hereby hires and retains Ford & Harrison and Ford &Harrison hereby agrees to provide legal services to County. ARTICLE 1 COMPENSATION; METHOD OF PAYMENT 1.1 Compensation shall be paid to Ford & Harrison in accordance with the terms set forth in Exhibit "A" attached hereto and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit "B," attached hereto and made a part hereof. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Certificate contained in Exhibit "C" must be included with every invoice submitted for payment. 1,2 The rates set forth in Exhibit"A"shall remain in effect without change for a minimum of two (2) years from the effective date of this Agreement. In the subsequent years of the Agreement, upon the request of Ford & Harrison, the County Attorney is authorized to negotiate to increase the hourly rate up to a maximum of ten(10) percent without approval by the Board of County Commissioners. In the negotiation process, Ford & Harrison must substantiate the reason the request is being made(i.e. market conditions, increase in CPI, etc.) 1,3 Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Ford & Harrison to assign more than one attorney to a project or case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost- Page l of 14 1` r 14.Y 16.K.9.a Packet Pg. 1792 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, effective for the County, Ford & Harrison agrees to the following procedures and billing limitations for multiple attorney assignments. 1,3.I A primary attorney will be identified for such projects or cases and that attorney will be the contact attorney for the County except in the case of an emergency or the County's written pre-approval. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel or attend meetings, court, arbitrations, mediations, or other proceedings on behalf of the County. 1.3.2 Attorneys assigned to a project or case shall have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. 1.3.3 Ford & Harrison agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the minimum reasonably necessary for the provision of the legal services in question. To the extent internal or in-house conferences among multiple attorneys assigned to a project or case are necessary, each such attorney may bill his or her customary rate for up to thirty (30) minutes for any such conference. To the extent such a conference exceeds thirty (30) minutes in length, Ford& Harrison agrees that it will discount the total billings for all attorneys involved in the conference by forty-five (45)percent. 1.4 Ford & Harrison may submit invoices for hourly work assignments pursuant to Exhibit A" only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. 1.5 To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by the County. Payment may be withheld for failure of Ford & Harrison to comply with a term, condition, or requirement of this Agreement. 1.6 Payment shall be made to Ford &Harrison at: Ford &Harrison LLP 300 South Orange Avenue Suite 1300 Orlando, FL 32801 or electronically, upon submission of electronic payment instructions provided by Ford& Harrison. Page 2 of 14 C Ott 16.K.9.a Packet Pg. 1793 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, ARTICLE 2 INSURANCE 2.1 In order to insure the indemnification obligation contained above, Ford & Harrison shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount not less than Two Million Dollars 2,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by Ford & Harrison to comply with the insurance requirements contained herein is issued on a claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. 2.2 Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. 2.3 Ford & Harrison shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. 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 September 13, 2022 and to end on September 12, 2024, 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 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.) 3.2 Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities by this Agreement. Page 3 of 14 16.K.9.a Packet Pg. 1794 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, 3.3 Any amendments, alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 4 TERMINATION 4.1 This Agreement may be terminated by either party for cause upon ten (10) days' notice or by either party for convenience upon no less than thirty (30) days' advance written notice in accordance with the"NOTICES"section of this Agreement. 4.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of the County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 4.3 In the event this Agreement is terminated for convenience, Ford & Harrison shall be paid for any services performed to the date the Agreement is terminated; however, upon notice by either party to terminate, Ford & Harrison shall refrain from performing further services or incurring additional expenses under the term of this Agreement, Ford &Harrison' obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. ARTICLE 5 RECORD AUDIT AND INSPECTION 5.1 The County shall have the right to audit the books and records of Ford & Harrison pertinent to the funding under this Agreement. Ford & Harrison shall preserve and make available, at reasonable times for examination and audit by the County, all financial records, supporting documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit findings Page4of14 16.K.9.a Packet Pg. 1795 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, have not been resolved at the end of the three years, the books and records shall be retained until resolution of the audit findings. 5.2 If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by the County to be applicable to Ford & Harrison' records, Ford & Harrison shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal or State law shall be violated by Ford&Harrison. ARTICLE 6 CONFLICT OF INTEREST 6.1 Ford & Harrison states that it is familiar with and will comply with the terms and conditions of Chapter 112,Part III, Florida Statutes(Code of Ethics). 6.2 It is important that Ford & Harrison be independent and impartial in order to properly conduct its services to the County. Ford & Harrison shall not act as counsel in any lawsuit or other adversary proceeding in which the County is named as an adversary party or in which Ford Harrison takes an adverse position to the County. 6.3 Neither Ford & Harrison nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Ford & Harrison' loyal and conscientious exercise of judgment related to its performance under this Agreement. 6.4 In the event Ford &Harrison is permitted to utilize subcontractors, herein,to perform any services required by this Agreement, Ford & Harrison agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 6.5 If at any time Ford & Harrison' firm represents a client in matters having to do with Collier County government, whether it be before the Board of County Commissioners or any other agency or division of Collier County government, Ford & Harrison will contact the County Attorney's Office before undertaking such representation so that it can be determined whether a conflict of interest exists. ARTICLE 7 INDEMNIFICATION Page 5 of 14 r:_.:k 16.K.9.a Packet Pg. 1796 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, 7.1 Ford &Harrison acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by the County, the adequacy of which is hereby acknowledged by Ford & Harrison, is given as specific consideration to Ford & Harrison so that Ford & Harrison shall at all times hereafter indemnify, hold harmless and, at the County's option, defend or pay for an attorney selected by the County to defend the County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Ford & Harrison, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the County, any sums due Ford & Harrison under this Agreement may be retained by the County until all of the County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by the County. ARTICLE 8 OWNERSHIP OF DOCUMENTS 8.1 Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Ford & Harrison, whether finished or unfinished, shall become the property of the County and shall be delivered by Ford&Harrison to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Ford & Harrison shall be withheld until all documents are received as provided herein. ARTICLE 9 INDEPENDENT CONTRACTOR 9.1 Ford & Harrison is an independent contractor under this Agreement. Services provided by Ford & Harrison shall be subject to the supervision of Ford & Harrison, and such services Page 6 of 14 16.K.9.a Packet Pg. 1797 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, shall not be provided by Ford & Harrison as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement, ARTICLE 10 NONDISCRIMINATION,EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT 10.1 Ford & Harrison shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act(ADA) in the course of providing any services funded in whole or in part by the County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards in performing any Scope of Services under this Agreement. 10.2 Further, Ford & Harrison' decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. ARTICLE 11 NOTICES 11.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery, addressed to the party for whom it is intended at the place last specified, The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: Jeffrey A. Klatzkow, County Attorney Government Center 3299 Tamiami Trail East Page 7 of 14 16.K.9.a Packet Pg. 1798 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, Suite 800 Naples, Florida 34112 FOR FORD & HARRISON: Mark Levitt, Esq. Ford&Harrison,P.A 300 South Orange Avenue Suite 1300 Orlando, FL 32801 ARTICLE 12 MISCELLANEOUS 12,1.1 WAIVER OF BREACH AND MATERIALITY Failure by the County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.1.2 COMPLIANCE WITH LAWS Ford&Harrison shall comply with all federal, State, and local laws, codes, ordinances,rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 12.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless the County and Ford & Harrison elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven(7) days after the finding by the court becomes final. 12.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. 12,5 PRIOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be Page 8 of 14 16.K.9.a Packet Pg. 1799 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above. 12.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A," "B," and "C" are incorporated into and made a part of this Agreement. IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts Comptroller f!:: B A( •By: p illiam L. McDaniel, Jr., CRAIRMAN A S 6 aiMi.an'S signature any. ed as to form and I ality Scott R. Teach Deputy County Attorney Page 9 of 14 16.K.9.a Packet Pg. 1800 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, FORD &HARRISON, LLP By: p1,4,tIts: STATE OF ((AC\r)- COUNTY OF ocr-,(vo The foregoing Retenti n Agreeme t was acknowledged before me this ,( day of 2022, by }..,4f1,1-C . ) , as ord & Harrison LLP, n behalf of e she is personally known to me or produced as identificati?n. I Signature/of o f bIc(/ Name of Notary Public typed,printed or My Commission Expires: 4 Notary Public State of Florida I Nancy P 8urgos•Cotten I IIlI My Commission HH 289702 1 1 Expires 816/2023 Page 10 of I4 16.K.9.a Packet Pg. 1801 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, EXHIBIT A For professional services rendered, Ford &Harrison' fee shall be based on the hourly rate as follows: Attorney Billing Rate Principals of the Firm and Associates 270.00 Paralegals & Law Clerks 95.00 Ford & Harrison' 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 Ford & Harrison.) In the event that Ford & Harrison is required or requested to perform any additional or extraordinary services not herein contemplated, Ford & Harrison shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of the County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance by the County in its sole discretion. Ford & Harrison shall provide, at no cost to the County, the annual response to the 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. Ford &Harrison shall provide said response within 30 days of receipt of the request. Departments, or Divisions within such Departments, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such Department or Division. Page 11 of 14 t.-_. ) 16.K.9.a Packet Pg. 1802 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, EXHIBIT B 1. In addition to the charges for professional fees set forth in Exhibit"A,"and the Schedules attached hereto, the County shall reimburse Ford & Harrison for out-of-pocket expenses reasonably incurred in the course of rendering such legal services, including costs of printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Ford & Harrison shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. 2. Ford & Harrison shall submit invoices on a monthly basis for the payment of out-of- pocket expenses. Each invoice shall include a signed certificate listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3, REQUIREMENTS The following represents Collier County's payment requirements for legal costs Your federal employee identification number must be on all invoices submitted. The applicable Purchase Order number must be on all invoices submitted. No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. Services rendered must be specifically and concisely identified: Names of persons performing services,hourly rates, and dates must be listed. The County agrees to reimburse Ford &Harrison for retention and utilization of sub-consultants. Reimbursable expense must be verified by attached receipts or copies thereof. Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge, with a cap of no more than$150.00 per night. Page 12of14 16.K.9.a Packet Pg. 1803 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, Car rentals required for travel should include compact or standard-size vehicles only. Common carrier travel shall be reimbursable at tourist or coach class fares only. Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit C must accompany each invoice. The certifying person must sign the Certification form and a description provided of the items, which are certified. Faxes shall not be reimbursed Legal Research costs(Lexis-Nexis, Westlaw,etc.) shall not be reimbursed Page 13 of 14 16.K.9.a Packet Pg. 1804 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, EXHIBIT C CERTIFICATE IT IS HEREBY CERTIFIED that: has been duly designated as special counsel to render legal services or provider of services for or on behalf of Collier County; 2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record; 3. Expenditure(s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; 4. Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. Dated Period Covered: Amount IN-HOUSE CHARGES: Photocopies: copies @$0.15/each Mileage: miles @ /mile OTHER(Copies of invoices required): Long Distance Calls Other: TOTAL: FOR THE FIRM Signed: Print Name: Title: Date: Page 14 of 14 16.K.9.a Packet Pg. 1805 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, ACO DATE(MMIDDIYYYY) RO CERTIFICATE OF LIABILITY INSURANCE 05ro2i2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER NAME CT Vera Neville McGriff Insurance Services,Inc. PHONE 404 497-7500 FAX 3400 Overton Park Drive SE AIF,No,Set): A/C,No): Suite 300 ADDRESS:vnevIlle@mcgriff.com Atlanta,GA 30339 f INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Great Northern Insurance Company 20303 INSURED Ford&Harrison,LLP INSURER a:Federal Insurance Company 20281 271 17th Street,NW INSURER C:Pacific Indemnity Company 20346 Suite INSURER 0:Travelers Casual and SuretyCompany19038GA30363GAllanta, INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:P42z7FAN REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AWL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INK/ WYD POLICY NUMBER MM/DPIYYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 35768078 05/02/2022 05/02/2023 EACH OCCURRENCE $ 1,000,000 RCLAIMS-MADE X OCCUR PREMPREMISES(EaEoccurrence) $ 1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ 2,000,000 POLICY PRO.X LOC PRODUCTS-COMP/OPAGG $ OTHER: Products Comp/Op Ag : $ INCLUDED B AUTOMOBILE LIABILITY 735218't0 05/02/2022 05/02/2023 CO( Ea accident) 1,000,000., SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident) B X UMBRELLA UAB X OCCUR 79800554 05/02/2022 05/02/2023 EACH OCCURRENCE $ 10,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE 10,000,000 DED RETENTION$ C WORKERS COMPENSATION 23)71711257 05/02/2022 05/02/2023 X STATUTE ERANDEMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUIIVE YNN N/A E.L.EACH ACCIDENT 500,000 OFFICER/MEMBER EXCLUDED? Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yea,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 D PROFESSIONAL LIABILITY 105348033 10/01/2021 10/0112022 Each Clalm/Aggregate $ 10,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS(VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space le required) Evidence of Coverage CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. F271ord&Harrison,LLP 17th Street,NW AUTHORIZED REPRESENTATIVE SuiteSuite ,, GAtlanta„GA 30363 Page 1 of 1 ©1988-2015 ACORD CORPORATION. All rights reserved., ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD z`<'r 16.K.9.a Packet Pg. 1806 Attachment: Ford Harrison Agreement 09 27 22 executed (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, FIRST AMENDMENT TO RETENTION AGREEMENT FORD & HARRISON, LLP THIS FIRST AMENDMENT to Retention Agreement for Legal Services is entered into this __ day of April, 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 Ford & Hanison, LLP (hereinafter referred to as "Counsel"). WITNESSETH WHEREAS, on September 27, 2022, 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 renewals and fmther provided that the rates would remain in effect without change for a minimum of two years from the effective date of the Agreement; and WHEREAS, the two-year term of the Agreement is scheduled to terminate September 12, 2024, and the Parties wish to amend the Agreement to amend the fee schedule to increase the hourly rate for Paitners and Law Clerks and Paralegals and to add a rate for Associates with an effective commencement date of September 13, 2024; and WHEREAS, the Paities further wish to extend the term for providing these specialized legal services for an additional two years with three additional terms of one year each subject to the mutual consent of the paities. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Patties hereto agree to amend the Agreement as follows: 1.Alticle 3 entitled Term and Time of Performance is amended as follows, using strikethrough and underlining for language deleted and language added, respectively: ARTICLE3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall be for a period of two (2) years to begin September 13, 2024 September 13, 2022 and to end on September 12, 2026 September 12, 2024, 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 patties for three (3) additional terms of one (1) yeat· each. (In the event the term of this (04-COA-01I58/1618867/1] 8 16.K.9.b Packet Pg. 1807 Attachment: First Amendment Ford Harrison Mark Levitt(2) (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, 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 Retention Agreement is replaced and superseded in its entirety with the attached Exhibit A-1 to reflect updated hourly rates for Paiiners and Law Clerks and Paralegals and to add a rate for Associates. 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 Patties have executed this First Amendment to the Agreement on this ___ day of April, 2024, with the intention to attach this First Amendment to the original Agreement. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller Dated: ---------(SEAL) � prnve as to fmm and legality: Colleen M. Greene Managing Assistant County Attorney [04-COA-01158/1618867/I] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ____________ Chris Hall, Chairman 16.K.9.b Packet Pg. 1808 Attachment: First Amendment Ford Harrison Mark Levitt(2) (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, 16.K.9.bPacket Pg. 1809Attachment: First Amendment Ford Harrison Mark Levitt(2) (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison, 16.K.9.bPacket Pg. 1810Attachment: First Amendment Ford Harrison Mark Levitt(2) (27775 : First Amendment to Agreement for Legal Services with Ford & Harrison,