Agenda 05/28/2019 Item #16K10 (Specialized Legal Services Retention Agreement)05/28/2019
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Retention Agreement for
specialized legal services on an “as needed” basis with the law firm of Baker, Donelson, Bearman,
Caldwell & Berkowitz, P.C.
OBJECTIVE: To obtain approval of a Retention Agreement with Baker, Donelson, Bearman, Caldwell
& Berkowitz, P.C. to provide specialized legal services on an "as needed" basis.
CONSIDERATIONS: Attached for the Board's review and approval is a Retention Agreement with the
law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (the “Firm”). This request seeks
approval of the Retention Agreement so that the County may retain the Firm on an as -needed basis to
provide legal representation on matters where its specialized legal services may be of assistance.
The attached Retention Agreement does not address any specific project or assignment but rather sets
forth the criteria under which payment will be made when services are requested. Although the Firm has
a wide array of legal expertise, the County generally requests services on an as-needed basis in matters
concerning the recovery of Federal Emergency Management Agency (“FEMA”) funds. The County
previously had a retainer agreement in place with the Firm, working primarily with its attorney, Ernest B.
Abbott, a past General Counsel for FEMA. Mr. Abbott’s prior representation of the County was
instrumental in the County’s recovery of a substantial sum of beach restoration funds that were de-
obligated by FEMA related to Hurricanes Katrina and Wilma.
The rates charged by the Firm varies, as with any law firm, depending upon the attorney working on the
matter and the other resources that are necessary to provide the County with the services it requests. The
proposed agreement also provides for reimbursement of actual out -of-pocket expenses and travel and
lodging in accordance with Section 112.061, Florida Statutes. To make the outside counsel retention
agreements more uniform, the proposed Retention Agreement is substantially identical to others recently
approved by the Board of County Commissioners.
FISCAL IMPACT: The approval and execution of the proposed Retention Agreement has no fiscal
impact in and of itself, but there will be a fiscal impact in accordance with the terms and conditions of
such contracts, upon the County's request for legal services.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached
Retention Agreement with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. for
specialized legal services requested on an as-needed basis.
Prepared by: Scott R. Teach, Deputy County Attorney
ATTACHMENT(S)
1. Corrected Retention Agreement - Baker Donelson - 2 (PDF)
16.K.10
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05/28/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 8984
Item Summary: Recommendation to approve and authorize the Chairman to execute a Retention
Agreement for specialized legal services on an “as needed” basis with the law firm of Ba ker, Donelson,
Bearman, Caldwell & Berkowitz, P.C.
Meeting Date: 05/28/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
05/13/2019 4:41 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/13/2019 4:41 PM
Approved By:
Review:
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/16/2019 3:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/16/2019 4:55 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/16/2019 5:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/17/2019 8:23 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/20/2019 8:27 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM
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