Loading...
Backup Documents 01/13/2026 Item #16K 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 8 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 routin:lines#1 through#2,complete the checklist,and forward to the Count Attomey 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 /113/41 4. BCC Office Board of County DK TtS.by MB Commissioners [s] 1119 5. Minutes and Records Clerk of Court's Office At/ ///V/%2Q if• iQ.« 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 1/ 13!z 6 16 K 8 Type of Document(s) /I Number of Original Attached /I" e.L 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) 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 1/13 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney S , an option for Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the e L an option for Chairman's signature. I this line. 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 8 MEMORANDUM Date: January 15, 2026 To: Madison Bird County Attorney's Office From: Martha Vergara, Sr. Deputy Clerk Boards Minutes & Records Department Re: 3rd Amendment to Retention Agreement for Legal Services Woods, Weidenmiller, Michetti & Rudnick, LLP Attached is one (1) original copy of the document referenced above (Item #16K8), approved by the Board of County Commissioners on Tuesday, January 13, 2026. The original has been kept by Minutes and Records Department as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16K g THIRD AMENDMENT TO RETENTION AGREEMENT FOR LEGAL SERVICES THIS THIRD AMENDMENT TO RETENTION AGREEMENT FOR LEGAL SERVICES is entered into on this 13th day of January 2026,by Collier County,Florida,a political subdivision of the State of Florida,through its Board of County Commissioners("County"), and Woods Weidenmiller Michetti& Rudnick,LLP("Counsel")(collectively referred to as the"Parties). WITNESSETH WHEREAS, on February 8, 2011, the County and Counsel entered into a Retention Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal services covering a wide range of legal matters; and WHEREAS, on October 25, 2016, the Parties entered into a First Amendment to the Agreement extending the term(including all exercised renewal terms)through December 8,2021; and WHEREAS, on September 14, 2021, the Parties entered into a Second Amendment to the Agreement extending the term through December 8, 2023, with three additional one-year renewal terms; and WHEREAS, the final remaining renewal term was administratively processed by the County on December 5, 2025, subject to the Parties presenting a Third Amendment to the Agreement to extend the terms of the retainer Agreement and increasing the rates of Counsel's Partners providing services to the County in January 2026; and WHEREAS,Counsel has requested that its Partner rates be increased for the first time in over four (4) years, and the proposed rate is in line with or less than other counsel providing specialized litigation services for the County; and WHEREAS, the Parties' agree that the hourly rates for Counsel's Partners will become effective upon the execution of this Third Amendment by both Parties; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties wish to amend the Agreement to extend the termination date under the Agreement as specified in Article 3, entitled Term and Time of Performance, and to adjust Counsel's hourly rates as reflected in the below revised Exhibit"A,"as follows: 1. The law firm of Woods Weidenmiller Michetti & Rudnick LLP accepts and assumes all rights,duties,benefits,and obligations under the Agreement,as amended including all existing and future obligations to perform under the Agreement. 2. Article 3.1 of the Agreement is amended as follows: Words Struck Through are deleted;Words Underscored are added. 1 6 K 8 ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on September 14,2021 January 13,2026, and end on December g January 13, 2.02-3 2029, 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. Exhibit"A"to the Agreement,which contains the hourly rates that Counsel will charge upon providing its specialized legal services is amended as reflected below, and the amended rates shall become effective as of the date of the execution of this Third Amendment,January 13,2026. EXHIBIT A For professional services rendered,Woods' fee shall be based on the following hourly rates: Greg N. Woods $350 00 hour$450.00 per hour All other Partners $350.00-per ieur $450.00 per hour Associates $275.00 per hour Paralegals/Legal Assistants $65.00 per hour The above hourly rates represent a reduced public sector rate as compared to Woods' standard hourly rates charged to its private sector clients. In the event that the firm represents the County in a litigation matter that goes to trial and the County is awarded prevailing party attorneys' fees against the opposing party,the County will be subject to the firm's then standard hourly rates charged to private sector clients but that the County will only be responsible for payment of the public sector rate and agrees to assign any increased difference over the public sector rate in any such Court Order to the firm. Woods' fee shall not exceed$41100,000.00$200,000.00 per new matter assigned without the approval of the Board of County Commissioners. Any expenditure beyond the initial$4-00,000.00$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 Woods.) In the event that Woods is required or requested to perform any additional or extraordinary services not herein contemplated, Woods shall be entitled to apply for additional compensation, the amount of which 2 Words Strut gh are deleted;Words Underscored are added. CAD\ 16K 8 rfr, 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. Woods 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. Woods 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. 4. Except as modified by this Third 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 Third Amendment and the Agreement, the terms of this amendment shall prevail. IN WITNESS WHEREOF, the Parties have executed this Third Amendment to the Agreement on this 13th day of January 2026, with the intention to attach this amendment to the original Agreement. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,CLERK COLLIER COUNTY,FLORIDA `1,\ti;if;f ft((prftir \` D OF Co' ..,J �.-cilYc` F By: , / J "M1D uty erk Dan Kowal,Chian • C3 ` a Ntrl} t �'- s , /, ,,, (-, • L-(_ \ £ x}w, ''446 'i3 d egality: Sco T c , ep y C - ey 3 Words Struck-Through are deleted;Words Underscored are added. CAO\ 16K 8 AFFIDAVIT REGARDING LABOR AND SERVICES AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED Effective July 1. 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Effective January 1.2024.a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet any of the following criteria: (a)the entity is owned by the government of a foreign country of concern: (b)the government of a foreign country of concern has a controlling interest in the entity:or(c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern. Effective July I.2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs (2)(a)-(c),§ 287.138,Florida Statutes. Nongovernmental Entity's Name: Woods Weidenmiller Michetti Rudnick,LLP Address: 9045 Strada Stell Court, Suite 400 Naples. FL 34109 Phone Number: 239-404-1419 Authorized Representative's Name: Gregory N Woods Authorized Representative's Title: Partner Email Address: gwoods@lawfirmnaples.com E. Gregory N Woods (Name of Authorized Representative), as authorized representative attest under penalty of perjury that Woods Weidenmiller (Name of Nongovernmental Entity) does not: (I) use coercion for labor or services as defined in §787.06.Florida Statutes, and(2)the nongovernmental entity is not(a)owned by a government of a foreign country of concern.(b)that a foreign country of concern does not have a controlling interest in the entity, and (c) that the entity is not organized under the laws of or has its principal place of business in a foreign country of concern.all as prohibited under§ 287.138, Florida Statutes. Under penalty of perjury,I declare that 1 have read the foregoing Affidavit and that the facts stated in it are true. ().�-�`--A 1.'7) L/ 12.J (Signature ut)torized representative) Date STATE OF novl Ck.. COUNTY OF CO) I Cf Sworn to(or affirmed)and subscribed before me,by means ofic:J physical presence or❑online notarization this LPN day ofDeC ).et',20D.c,by JJ N.W(kiS (Name ofA(Tiant), -ider,irfaatier�� Persona l Ii 60u►n, alW6fLikikJ Notary Public �• ••' •-.: MISTY DIPALMA e .:*t MY COMMISSION#HH 727691 4",o EXPIRES:October 30,2029 Commission Expires Personally Known 154 OR Produced Identification❑ Type of Identification Produced: CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1 CAO 16K 8 Woods Weidenmiller Michetti& Rudnick LLP By: ��1- V�k Its: Pam. ,Ne l STATE OF FLORIDA COUNTY OF COLLIER The foregoing Third Amendment to Retention Agreement was acknowledged before me this day ofDeCCYY1bey 202_5_, by tom' e,p 1sJ. as Qir ,sa of Woods Weidenmiller Michetti Rudnick, LLP., : - - - - . He/she is personally known to me or produced UUL as identification. Signature off Notary Public 0." MISTY DIPALMA Name Notary Public typed,printed or MY COMMISSION HH 727691 My Commission Expires: '€';?' EXPIRES:October 30.2029 4 Words Struck T are deleted;Words Underscored are added. CAO