Agenda 11/12/2024 Item #16K 3 (4th Amendment to Agreement for Legal Services w/Nabors, Giblin & Nickerson, P.A. providing specialized legal services )11/12/2024
Item # 16.K.3
ID# 2024-1642
Executive Summary
Recommendation to approve a Fourth Amendment to Agreement for Legal Services with Nabors, Giblin & Nickerson,
P.A. for specialized legal services, providing for a first increase to its hourly rate since 2008.
OBJECTIVE: To obtain Board approval of the attached Fourth Amendment to Retention Agreement for specialized
legal services with Nabors, Giblin & Nickerson, P.A. (“Counsel”) extending the term and providing an increase to its
hourly rate for legal services.
CONSIDERATIONS: On September 9, 2008, the County and Counsel entered into an Agreement for Legal Services
(the “Agreement”) wherein the County agreed to retain Counsel to provide professional specialized legal services.
Counsel has been providing specialized local government legal services for the County on an as-needed basis for more
than two decades. The attached proposed Fourth Amendment to the Agreement seeks to increase the firm’s hourly rates
as follows: (1) Principals from $200.00 to $300.00 per hour, (2) Associates from $175.00 to $225.00 per hour, and (3)
Paralegals, unchanged at $70.00 per hour. Counsel’s hourly rate has not increased since the parties entered into the
Agreement in 2008.
The fee increase Counsel is requesting still remains reasonable and is warranted since it has held its hourly rate to the
County for sixteen (16) years. County staff has historically utilized the assistance of Counsel on impact fee-related legal
issues, and recommends and supports the increase to its hourly rate. Counsel is a well-regarded law firm with an
established background in representing public agencies on matters concerning local government law.
FISCAL IMPACT: Expenditures under this agreement over the past five fiscal years totaled $26,500 or $5,300
annually. Funding for services provided under this agreement is allocated annually within the budget of each user
division.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATIONS: That the Board approves, and authorizes its Chairman to sign the attached Fourth
Amendment to Retention Agreement for legal services with Nabors, Giblin & Nickerson, P.A. providing an increase to
its hourly rate for legal services.
PREPARED BY: Scott R. Teach, Deputy County Attorney
ATTACHMENTS:
1. Fourth Amendment to Agreement for Legal Services 10.29.24
2. Retention Agreement with Nabors Giblin and Nickerson PA
3. 1st Amendment
4. 2nd Amendment
5. 3rd Amendment
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FOURTH AMENDMENT TO AGREEMENTFORLEGAL SERVICESTHIS FOURTH AMENDMENT made and entered into on this _ day of.2024, by and between Nabors, Giblin & Nickerson, P.A. ("Counsel") and Collier County, a politicalsubdivision of the State of Florida, through its Board of County Commissioners (the "County")(collectively referred to herein as the "Parties"):WHEREAS, on September 9, 2008, the County and Counsel entered into an Agreement(the "Agreement") wherein the County agreed to retain Counsel to provide professional specializedlegal services; andWHEREAS, on September 10, 2013, County and Counsel entered into an Amendment toAgreement for Legal Services to extend the term of the Agreement; andWHEREAS, on September 11, 2018, the County and Counsel entered into a SecondAmendment to Agreement for Legal Services to further extend the term of the Agreement for threeyears, with two additional one-year renewal terms; andWHEREAS, on December 14, 2023, the County and Counsel entered into a ThirdAmendment to Agreement for Legal Services to: (1) extend the term of the Agreement throughNovember 17, 2026, and provide two additional one-year renewal terms, and (2) replace Exhibit Awith Exhibit A-l providing for an increase of the fees related to legal services concerning the issuanceof Bonds; andWHEREAS, the Parties wish to further amend the Agreement to provide for an increase toCounsel's hourly rate for general professional services, which have not increased since 2008, upon theterms and conditions set forth below and upon attached Exhibit B-l.NOW, THEREFORE, in consideration of the mutual promises and covenants hereincontained, it is agreed by the Parties as follows:1. The above recitals are hereby incorporated into this Fourth Amendment as if fully set forthherein.2. Exhibit B to the Agreement is replaced and superseded in its entirety with the attachedExhibit B-l, and the hourly rates for general professional services (apart from the Bondfees established in Exhibit A-l) provided therein shall be effective upon the execution ofthis amendment.3. Except as modified by this Fourth Amendment, all other terms and conditions of theAgreement shall remain in full force and effect.Page 1 of 3Fourth Amendment to Agreement for Legal ServicesPage 4538 of 5419
IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment by anauthorized person or agent on the date and year first written above.ATTEST:Crystal K. Kinzel, Clerk of Circuit Courtand ComptrollerBOARD OP COUNTY COMMISSIONERSCOLLIER COUNTY, FLORIDABy:Dated:(SEAL)By:.Chris Hall, ChairmanCofaNSEL:^ors, Giblin & Nic^tersoni, P.A.i ^ c^j\\\<L^ c^B<_&9.nature-5^^jc^r--ttType/priA signature and titlet ^€{*_'r<G<^ OXo^DateApproved as to Form and Legality:Scott R. Teach, Deputy County AttorneyPage 2 of 3Fourth Amendment to Agreement for Legal Services(d^Page 4539 of 5419
EXHIBIT B-lFor professional services rendered, Naobrs, Giblin's fee shall be based on the hourly rate asfollows:Attorney Billine RatePrincipals of the Firm $300.00 per hourAssociates $ 225.00 per hourParalegals $70.00 per hourNabors, Giblin's fee shall not exceed $100,000.00 per new matter assigned without the approval ofthe Board of County Commissioners. Any expenditure beyond the initial $100,000.00 approval by theBoard of County Commissioners must have Board approval prior to work being performed. Whereappropriate a "not to exceed" sum shall be agreed to when each assignment is made to Nabors, Giblin.In the event that Nabors, Giblin is required or requested to perform any additional or extraordinaryservices not herein contemplated, Nabors, Giblin shall be entitled to apply for additional compensation,the amount of which shall be subject to the approval of County and no such additional compensationin excess of the amount herein stated shall be paid unless specifically authorized in advance by Countyin its sole discretion.Nabors, Giblin shall provide, at no cost to County, the annual response to County's auditors regardingpending 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 thelitigation, the progress of the case to date, an estimate of the amount or range of potential loss, and anyother information considered necessary to explain the case. Nabors, Giblin shall provide said responsewithin 30 days of receipt of the request.Notes: County Departments and the Divisions within such Departments, shall be responsible andpay for legal counsel services relating to litigation and outside counsel specifically for cases, mattersor issues relating to such division or department, as determined by the County Attorney in coordinationwith the County Manager.Page 3 of 3Fourth Amendment to Agreement for Legal ServicesPage 4540 of 5419
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