Agenda 10/28/2014 Item #16K210/28/2014 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Agreement for Legal Services for the
Retention Agreement with Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. by
changing the date of the Agreement to be September 1, 2014 to September 1, 2016 and by
amending Exhibit "A."
OBJECTIVE: That the Board of County Commissioners (Board) approves and authorizes its
Chairman to sign an Amendment to Agreement for Legal Services relating to the Retention
Agreement with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
(hereafter, "Counsel "). Exhibit "A" to the Agreement needs to be amended to include an
adjustment to the not to exceed amount for other attorneys not listed, an adjustment for
paralegal support staff services and to add language to authorize the County Attorney to
negotiate the hourly rate, up to ten percent, after the first two years of the Agreement provided
the vendor can substantiate the reason for the request.
CONSIDERATIONS: On January 28, 2014, the County and Counsel entered into an
Assumption Agreement (the "Agreement ") wherein the County agreed to retain Counsel to
provide professional specialized legal services. Counsel provides specialized legal services in
connection with the County's appeal of the Federal Emergency Management Agency's
deobligation of beach restoration funds. The professional services to be rendered as specified in
Article 3 of the Agreement is for a two (2) year term with three (3) additional renewal terms of
one year per each term. Exhibit "A" to the Agreement listed certain members of the fine to
provide services. The Exhibit needs to be amended to include an adjustment to the not to
exceed amount for other attorneys not listed, an adjustment for paralegal support staff services
and to add language to authorize the County Attorney to negotiate the hourly rate, up to ten
percent, after the first two years, provided the vendor can substantiate the reason for the request.
In addition, approval is sought to amend the Agreement to incorporate an effective date of
September 1, 2014.
FISCAL IMPACT: There is no change in the fiscal impact portion of the Agreements.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Amendment was reviewed for form and legality
by the County Attorney Office, and requires a majority vote for approval.
RECOMMENDATION: That the Board of County Commissioners (Board) approves and
authorizes its Chairman to sign an Amendment to Agreement for Legal Services relating to the
Retention Agreement with the law firm of Baker, Donelson, Beannan, Caldwell & Berkowitz,
P.C., to change the date of the agreement to begin on September 1, 2014 and expire on
September 1, 2016 (subject to the right to exercise renewals), to include an adjustment to the not
to exceed amount for other attorneys not listed, an adjustment for paralegal support staff
services and to add language to authorize the County Attorney to negotiate the hourly rate, up to
ten percent, after the first two years of the Agreement provided the vendor can substantiate the
reason for the request.
PREPARED BY: Scott R. Teach, Deputy County Attorney
04- COA- 01158/3969
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10/28/2014 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2
Item Summary: Recommendation to approve an Amendment to Agreement for Legal
Services for the Retention Agreement with Baker, Donelson, Bearman, Caldwell & Berkowitz,
P.C. by changing the date of the Agreement to be September 1, 2014 to September 1, 2016 and
by amending Exhibit "A."
Meeting Date: 10/28/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
10/14/2014 1:23:10 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 10/15/2014 2:20:49 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/15/2014 3:28:55 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 10/15/2014 3:54:00 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/20/2014 11:27:45 AM
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10/28/2014 16.K.2.
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, hereinafter referred to as the
"County" and Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., (hereinafter referred to
as "Counsel').
WITNESSETH
WHEREAS, on January 28, 2014, the County and Counsel entered into an Assumption
Agreement (the "Agreement ") wherein the County agreed to retain Counsel to provide
professional specialized legal services; and
WHEREAS, the professional services to be rendered as specified in numbered paragraph
one (1) of the Agreement is for a two (2) year term with three (3) additional renewal terms of one
year per each term; and
WHEREAS, the initial term of the Agreement, is currently scheduled to terminate on
November 12,2014; and
WHEREAS, the parties wish to amend the Agreement to extend the term of service for
providing these specialized legal services for an additional two (2) years with an effective
commencement date of September 1, 2014; and
WHEREAS, Exhibit "A" to the agreement outlines the fees to be charged for professional
services to be rendered during the term of this Amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreement as follows:
I. Article 3 entitled Term and Time of Performance is amended as follows:
ARTICLE 3
TERM AND TIME OF PERFORMANCE
1.1 The term of this Agreement shall be extended for a period of two (2) years to begin
November-13, 2012 September 1, 2014 and to end on NovembeF i 24I.4 September 1,
2016, 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
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10/28/2014 16.K.2.
this Agreement extends beyond a single fiscal year of the 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.) The rates set forth in
Exhibit "A" shall remain in effect without change for a minimum of two (2) years from
the effective date of this Agreement. In any subsequent years of the Agreement upon the
request of Baker Donelson, the County Attorney is authorized to negotiate to increase the
hourly rate up to a maximum of ten (10) percent In the negotiation process Baker
Donelson must substantiate the reason the request is being made (i.e. market conditions
increase in CPI. etc.).
II. Exhibit "A" is amended as follows:
EXHIBIT A
For professional services rendered, Baker Donelson's fee shall be based on the following
hourly rate:
Attorney
Ernest B. Abbott
Other Attorneys
Paralegal / Legal Assistant
Billine Rate
$400.00 per hour
$288:80 250.00 per hour
$120.00 1 30.00 per hour
Baker Donelson'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 Baker Donelson.)
In the event that Baker Donelson is required or requested to perform any additional or
extraordinary services not herein contemplated, Baker Donelson 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.
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Baker Donelson 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.
Baker Donelson shall provide said response within 30 days of receipt of the request.
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.
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
on this day of , 2414, with the intention to attach this Amendment to the
original Agreement.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
K..
Commissioner Torn Henning, Chairman
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10/28/2014 16.K.2.
BAKER, DONELSON, BEARMAN, CALDWELL
& BERKOWITZ, P.C.
By:
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The foregoing Retention Agreement was acknowledged before me this ay of
CeM&6X,, 2014, by ETWEST P3 fiB&7(—as OF Cot? JSEi of Baker, Donelson,
Bearman, C ldwell & Berkowitz, P.C., on behalf of . He/she-is
personally known to me.of- pr-Gduced _._. _ _ __._ _ M._. as.identification.
Signs re of Nota Publi
40 Name of Notary Public typed, printed or
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