Backup Documents 04/23/2024 Item #16K9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 9
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 c 'y 443 aq
4. BCC Office Board of County CH by MB
Commissioners [s] t-// ./2 y
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 4/23/24 Agenda Item Number I6.K.9
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_4/23/24_and all changes made '. IA is not
during the meeting have been incorporated in the attached document. The County n option fo
Attorney Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is no
BCC, all changes directed by the BCC have been made, and the document is ready for the an optic)
Chairman's signature.g ibis
1: 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
FORD & HARRISON, LLP
THIS FIRST AMENDMENT to Retention Agreement for Legal Services is entered into
this 23' 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 &Harrison, 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
further 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 Partners and Law Clerks and Paralegals and to add a rate for Associates with an
effective commencement date of September 13, 2024; and
WHEREAS, the Parties 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 parties.
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, using
strikethrough and underlining for language deleted and language added, respectively:
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, 2024 Septembe-r-�3,-4922 and to end on September 12, 2026 Septembef-�2, 9�4,
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 (I) year each. (In the event the term of this
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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 Partners 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 Parties have executed this First Amendment to the
Agreement on this 13zd day of April, 2024, with the intention to attach this First Amendment
to the original Agreement.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Ciystal'K:Kinzel, Clerk of Courts COLLIER C NTY, FLORIDA
& Comptroller
OBy l By:
p Attest as to Chairman's iris Hall, Chairman •
Dated: 0,?tkOnature only
(SEAL)
gprove as to form and legality:
LehAlli 410 11
Colleen M. Greene
Managing Assistant County Attorney
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Ford&Harrison, LLP
By:
Its:
Print Name: Mark E. Levitt
STATE OF Florida
COUNTY OF Orange
The foregoing First Amendment was acknowledged before me this I \ day of
f \ 1 , 2024, by M a(K C• L e v'i 't as 94 It --n e,( of Ford & Harrison, LLP.
He/she is ersonally know)to me or produced as identification.
•
7144.-6Creditt .
Signature of Notary Public
N1bole, I01'cleS'tlta5
Name of Notary Public typed, printed or
My Commission Expires:
Notary Public State of Florida
A Nicole Tordesillas
..,.`Nf_. My Commission HH 310828
y Expires 9/111202s
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EXHIBIT "A-1"
Effective date 9/13/24
For professional services rendered, Ford &Harrison, LLP fee shall be based on the hourly rate as
follows:
Principals/Partners $270.00 $300 per hour
Associates $300 per hour
Law Clerks & Paralegals $95 $125 per hour
Ford & Harrison, LLP'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 Ford & Harrison, LLP)
In the event that Ford & Harrison, LLP is required or requested to perform any additional or
extraordinary services not herein contemplated, Ford & Harrison, LLP, 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.
Ford&Harrison,LLP 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. Ford &
Harrison, LLP 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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