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Backup Documents 03/09/2021 Item #16K 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP UU TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 n 3 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. **NEW** 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 routingzlines#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. 3. County Attorney Office County Attorney Office SRT 3-10-21 4. BCC Office Board of County PT by JH/s/ 3-10-21 Commissioners 5. Minutes and Records Clerk of Court's Office ritAitz 01/P-0?-1 g:54 4144 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 Scott Teach/County Attomey's Office Contact Information 239-252-8400 Contact/Department Stfd .63 1Cd es Agenda Date Item was March 9,2021 J Agenda Item Number 16K3 Approved by the BCC Type of Document First Amendment to Retention Agreement with Number of Original 1 Attached the law firm of Baker,Donelson,Bearman, Documents Attached Caldwell&Berkowitz,P.C.,to provide specialized FEMA legal services on an"as needed"basis by exercising the first renewal term and adjusting the current rates. PO number or account N/A 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 original signature N/A 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 legal sufficiency. (All documents to be SRT signed by 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's N/A 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 SRT 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 SRT 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 input into SIRE. 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 3/9/2021 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's F vopti Office has reviewed the changes,if applicable. a is linei 9. Initials of attorney verifying that the attached document is the version approved by the BCC, f /A is =' all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. r I **+Please send a copy to Ernest B. Abbott at eabbott@bakerdonelson.com** 16K 3 MEMORANDUM Date: March 11, 2021 To: Jessica Hayes, Legal Assistant County Attorney's Office Cc: Ernest B. Abbott, Counsel Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Pt Amendment to Retention Agreement for Specialized FEMA Legal Services Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Attached for your records is one (1) scanned copy of the document as referenced above, (Item #16K3) adopted by the Board of County Commissioners on Tuesday, March 9, 2021. The original settlement agreement has been kept by the Minutes & Records Department as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment I 3 FIRST AMENDMENT TO RETENTION AGREEMENT THIS FIRST AMENDMENT TO RETENTION GREEMENT 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 May 31, 2019, the County and Counsel entered into a Retention Agreement (the "Agreement"), with an effective date of April 23, 2019, wherein the County agreed to retain Counsel to provide professional specialized legal services that has particular expertise in representing public agency clients on issues arising under the laws, regulations, and policies of the Federal Emergency Management Agency("FEMA"); and WHEREAS, the professional services to be rendered as specified in Article 3 of the Agreement provides for an initial two-year (2) 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 April 22,2021,unless otherwise renewed; and WHEREAS,the rates for the firm have remained unchanged for the first two years of the Agreement as set forth in Article 1,subsection 1.2,of the Agreement;and WHEREAS, the Parties wish to amend the Agreement to exercise the first renewal term under the Agreement and to adjust the rates in accordance with the current standard rates that Counsel extends to other public agencies; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the Parties hereto agree to amend the Agreement as follows: 1. The Parties agree to exercise the first renewal term as provided in Article 3,Term and Time of Performance,under the Agreement effective as of April 23,2021. 2. Exhibit"A"to the Agreement, which contains the rates of compensation that Counsel will charge upon providing its specialized legal services is amended, and the amended rates shall remain in effect without change for three(3)years effective as of April 23, 2021 forward,as follows: 151 3t t j 16K 3 EXHIBIT A { For professional services rendered, Baker Donelson's fee shall be based on the following hourly rate: Attorney Billing Rate Ernest B.Abbott $54-0708$550.00 per hour Shareholder rate(not to exceed) $380 to $475.00 per hour Partners(not to exceed) $370.00 per hour Associates/Disaster Specialists $230.00 to$300.00 per hour Paralegals/Legal Assistants $200 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. 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. 2 S 1 6 K 3 Except as modified by this First 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 First Amendment and the Agreement,the terms of this amendment shall prevail. IN WITNESS HEREOF, the parties have executed this First Amendment to the Agreement on this WA day of (nacar, , 2021, with the intention to attach this amendment to the original Agreement. ATTEST:. BOARD OF COUNTY COMMISSIONERS Crysol'IC,KinzeL,"- COLLIER 0 'TY, FLORIDA Clerk of Courts,and.t'bmptroller r.)(tccut„;, . _ Attest 8S to Chairitialrs , u Commissions enny Taylor, Chairman signattlre on(r.,,.. pp ved as to f d legality: 21 Scott R. each Deputy County Attorney BAKER,DONELSON,BEARMAN, CALDWELL &BE WITZ P A By: 1 IIts: OF i. ,i cO c EL. S OF Uif6LAB' COUNTY OF 1 The foregoing R ention A eem4nt was ackr;ov�ledged b fore me this, day of ,2021,by t Nt'r ' botj t as of Baker,Dpqnelson, Bearman,�aldwell &Berkowitz,P.C.,on behalf of r , Gee to l't .e4-.t.`. He/she is personally known to me or produced_ _as identification. OA j;IL afilk - ,VODY gliignature of No Public r—ooesipn.a ny: Qy- kk•L 1 A1\t t -' DF86E2526CBMCY_. Name of Notary Public typ d, printed or �' I My Commission Expires: 0I N 3 p 0