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Backup Documents 11/12/2024 Item #16K 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 8 K 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 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 fi/)24)1 02.7 4. BCC Office Board o d of County CH by MB Commissioners [s] [USL 5. Minutes and Records Clerk of Court's Office qu /114, 14210;z:014 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 Agenda Item Number Approved by the BCC ff f(Z f 2'( [ . k . 3 Type of Document(s) r Number of Original Attached 7e.i / eil L Documents Attached I 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) I. 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 1f IV/ and all changes made during the meeting have been incorporated in the attache document. The County Attorney yntin1i � Office has reviewed the changes, if applicable.; 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the )es Chairman's signature. I: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 16K 3 FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS FOURTH AMENDMENT made and entered into on this 12. day of / c• 2024,by and between Nabors,Giblin&Nickerson,P.A. ("Counsel")and Collier County,a political subdivision 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 specialized legal services; and WHEREAS, on September 10, 2013, County and Counsel entered into an Amendment to Agreement for Legal Services to extend the term of the Agreement; and WHEREAS, on September 11, 2018, the County and Counsel entered into a Second Amendment to Agreement for Legal Services to further extend the term of the Agreement for three years, with two additional one-year renewal terms; and WHEREAS, on December 14, 2023, the County and Counsel entered into a Third Amendment to Agreement for Legal Services to: (1) extend the term of the Agreement through November 17, 2026, and provide two additional one-year renewal terms, and (2) replace Exhibit A with Exhibit A-1 providing for an increase of the fees related to legal services concerning the issuance of Bonds; and WHEREAS,the Parties wish to further amend the Agreement to provide for an increase to Counsel's hourly rate for general professional services,which have not increased since 2008, upon the terms and conditions set forth below and upon attached Exhibit B-1. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals are hereby incorporated into this Fourth Amendment as if fully set forth herein. 2. Exhibit B to the Agreement is replaced and superseded in its entirety with the attached Exhibit B-1, and the hourly rates for general professional services (apart from the Bond fees established in Exhibit A-1) provided therein shall be effective upon the execution of this amendment. 3. Except as modified by this Fourth Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. Page 1 of 3 Fourth Amendment to Agreement for Legal Services 1 frf IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment by an authorized person or agent on the date and year first written above. ATTEST: • Ciystal K. Igt:delXistrlcepf Circuit Court BOARD OF COUNTY COMMISSIONERS and Comptei11di ° "`°w,;"�:; COLLIER CO Y,FLORIDA By: !. (.CJ ,, i j By: • 3�, �( Chri all,Chairman Dated ., b Y `I (SEAL) Atfet as ta; ln3man's • t• signature only COUNSEL: NaJ ors, Giblin &Nic cerso P.A. 1 ' B �.. Si nature Ci . 5 W�•-U TType/pri signature and titleT GC C..41 t?vZ`J Date A roved a to For nd egality: Scott R.Teach, Deputy County Attorney Page 2 of 3 Fourth Amendment to Agreement for Legal Services t t 1 6K 3 EXHIBIT B-1 For professional services rendered,Naobrs, Giblin's fee shall be based on the hourly rate as follows: Attorney Billing Rate Principals of the Firm $300.00 per hour Associates $ 225.00 per hour Paralegals $70.00 per hour Nabors, Giblin'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 Nabors, Giblin. In the event that Nabors, Giblin is required or requested to perform any additional or extraordinary services 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 compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance by County in its sole discretion. Nabors, Giblin 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. Nabors,Giblin shall provide said response within 30 days of receipt of the request. Notes: County Departments and the 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 division or department,as determined by the County Attorney in coordination with the County Manager. Page 3 of 3 ) Fourth Amendment to Agreement for Legal Services �``