Loading...
Backup Documents 05/27/2025 Item #16K 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 2 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 ,5(7/4 5/27 4. BCC Office Board of County BS by MB Commissioners [s] 5/27 5. Minutes and Records Clerk of Court's Office 1 S i)g1a (1 D b PRIMARY CONTACT INFORMATION t'1 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 Type of Document(s) /� � // Number of Original Attached !"I/t7e/►dMJl 1 en4 .4- ✓G.:t,U 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 5/z7 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney 0-14,014 an option for Office has reviewed the changes, if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC,all changes directed by the BCC have been made, and the document is ready for the 3- AL I o.ttonwfor Chairman's signature. Please email a completed copy to Madison.Bird@Colliercountyfl.gov I:Forms/County Forms/BCC Forma ;2.24.05; 11/30/12;4/22/16;9/10/21 � 6K2 Waiver of Conflict of Interest regarding Carlton Fields, P.A.'s unrelated representation of Williams Farms Land Assets, LLC, a Florida limited liability company, Williams Farms of Immokalee, Inc., a Florida corporation, Diane R. Williams and Carrie E. Williams as Co- Trustee of the James E. Williams, Jr. Non-Exempt Estate Tax Sheltered Trust u/a/d 08/13/93, Carrie E. Williams and James E. Williams, III as Trustees of the Williams Family Assets Trust u/a dated April 25, 1997, and Diane R. Williams and Carrie E. Williams as Co-Trustees of the James E. Williams, Jr. GST-Exempt Estate Tax Sheltered Trust u/a/d 08/13/93 (hereafter the "Williams Clients") in connection with the Williams Client's sale of +/- 2,247 acres of real property in Immokalee to Collier County, Florida, and the Firm's provision of legal services under its Retention Agreement with the County. Waiver of Conflict of Interest BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA Crystal IC Kinzel, Clerk of Courts &Comptroller By: /44,1it,t#44€01kwa"- Deput. : le,rk Burt L. Saunders, Chairman Attest as to Chairman's Gy)41 ' A�„...�63^ a„. signature only Date: May 27, 2025 Appro d as to for nd lda1 lity1 Scott R.Teach, Deputy County Attorney i1 `9C1 16K2 AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Retention Agreement 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 (hereafter referred to as the "County") and Carlton, Fields P.A., (hereinafter referred to as "Counsel")(collectively, the "Parties"). WITNESSETH WHEREAS, on October 8, 2013 (Agenda Item 16.K.3), 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, on September 25, 2018 (Agenda Item 16.K.1), the Parties entered into an Amendment to the Agreement providing for an extension of the original term for two additional years, with the ability to further renew the Agreement for three additional terms of one-year each; and WHEREAS, on February 16,2021, the Parties further amended the Agreement to correct the billing rates reflected on Exhibit"A"to the Agreement; and WHEREAS, on May 19, 2023, the Parties further amended the Agreement to add an additional billing category and rate associated with Counsel's provision of mediation services as a legal service billed under Exhibit "A," and to clarify that the need to submit the Exhibit "C" Certificate only applies when reimbursable expenditures are included as part of an invoice, and not when Counsel submits an invoice only seeking payment for services based on the hourly rates designated in Exhibit"A"; and WHEREAS, on October 24, 2023 (Agenda Item 16.K.4), the Parties further amended the Agreement to extend the term of service and the existing rates for Principals and Associates, which had not been increased since 2018, for an additional two years, commencing on October 28, 2023, and continuing through October 27, 2025, along with three one-year renewal terms that, if exercised, permits extending the term of the Agreement through October 27,2028; and WHEREAS, the Parties wish to amend the Agreement to exercise the first of the three existing one-year renewal terms and to update the hourly rates for professional services specified in Exhibit"A" of the Agreement, which were last increased in 2023; and 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 above recitals are hereby incorporated into this Amendment as if fully set forth herein. CNO 16K2 2. The rates for Principals and Associates provided for in Exhibit"A"to the Agreement is hereby amended as follows: EXHIBIT"A" For professional services rendered, Carlton Fields' fee shall be based on the hourly rate as follows: Shareholders $595,00 per hour; Associates $450.00 per hour; Paralegals $225.00 per hour Mediator Services: $250.00 per hour per party for two parties. $175.00 per hour per party for three or more parties. Carlton Field's fee shall not exceed $200,000.00 per new matter assigned without the approval of the Board of County Commissioners. Any expenditure beyond the initial $200,000.00 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 Carlton Fields.) In the event that Carlton Fields is required or requested to perform any additional or extraordinary services not herein contemplated, Carlton Fields 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. Carlton Fields 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. Carlton Fields 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. * * * Ii 2 CAS) 16K2 3. Based upon the above amended terms and conditions, the Parties mutually agree to exercise the first of the three one-year renewal terms under the Agreement. Except as modified by this 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 Amendment and the Agreement,the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the Parties have executed this Amendment to the Agreement effective as of the 27th day of May, 2025, with the intention to attach this Amendment to the original Agreement. ;ATTEST BOARD OF COUNTY COMMISSIONERS 1 r"a Crystal K. Cirtze,Clerk of Courts COLLIER COUNTY,FLORIDA &comptroller `; , By. "'Attest o Chailrtwo hty Clerk ur L. Saunders,Esq.,Chairman 1. , ;'f,s . signature only •• • ed as to f a legality: Scott R. each Deputy County Attorney Carlton,Fields, P.A. Couns By: u l\0 �. Type Name and Title 3 AO