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Backup Documents 04/13/2021 Item #16K3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 K 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 routing fines#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 4/13/21 4. BCC Office Board of County PT by JH/s/ 4/13/21 Commissioners 5. Minutes and Records Clerk of Court's Office C �' tA I,b iA d PRIMARY CONTACT INFORMATION l 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 Attorney's Office Contact Information 239-252-8400 Contact/Department Agenda Date Item was April 13,2021 Agenda Item Number 16K3 Approved by the BCC Type of Document Agreement for Legal Services relating to the Number of Original 1 Attached Retention Agreement with Allen,Norton& Documents Attached Blue,P.A 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 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. 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 04/13/2021 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's an opti Office has reviewed the changes,if applicable. alis line, 9. Initials of attorney verifying that the attached document is the version approved by the BCC, /A is all changes directed by the BCC have been made,and the document is ready for the 1 • Chairman's signature. 1 6K3 MEMORANDUM Date: April 16, 2021 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: 4th Amendment to Legal Services Agreement w/Allen, Noble and Blue, P.A. Attached is a scanned copy of the document referenced above, (Item #16K3) approved by the Board of County Commissioners on Tuesday, April 13, 2021. The Minutes and Records Department has kept the original agreement as part of the Board's Official Record. If I can be of any further assistance, please feel to call me at 252-8411. Thank you. Attachment Teresa L. Cannon 1 6K 3 From: Teresa L. Cannon Sent: Friday, April 16, 2021 3:48 PM To: 'mlevitt@anblaw.com' Subject: Legal Services Amendment Attachments: 4th Amendment to Legal Services Agreement.pdf Mr. Levitt, Attached is a copy of this amendment approved by the Board of Collier County Commissioners at their Tuesday, April 13 meeting. Teresa Cannon BMR Senior Clerk II LtxT 401:kr Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County r't, �r 3299 Tamiami Trail E, Suite#401 Naples, FL 34112-5746 www.CollierClerk.com 1 6K 3 FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS FOURTH 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 Allen,Norton& Blue, P.A., 1477 West Fairbanks Avenue, Suite 100, Winter Park,Florida 32789(hereinafter referred to as"Counsel"). WITNESSETH WHEREAS, on February 27, 2008, the County and Counsel entered into an Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal services; and WHEREAS, on January 8, 2013, the County and Counsel entered into an Amendment to Agreement for Legal Services extending the term of the Agreement to February 26,2016; and WHEREAS, on September 8, 2015, the County and Counsel entered into a Second Amendment to Agreement for Legal Services adjusting the rates charged by Counsel;and WHEREAS, on January 9, 2018, the County and Counsel entered into a Third Amendment to Agreement for Legal Services adjusting the rates charged by Counsel and further extending the term for services for an additional three year term with two additional renewal terms of one year per each term;and WHEREAS, Counsel's rates have remained unchanged since January 2018 and Counsel is requesting an approximately 10%increase to its partners and associates hourly rates ($25.00); and WHEREAS, the Parties wish to amend the Agreement to revise the hourly rate upon which future professional services will be charged during the term of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the Parties hereto agree to amend the Agreement as follows: 1. Exhibit A to the Agreement is hereby amended and replaced in its entirety as follows: EXHIBIT A For professional services rendered, Allen, Norton's fee shall be based on the hourly rate as follows: $245700$270.00 per hour for services provided by principals and associates $ 95.00 per hour for services provided by law clerks&paralegals. 1 6K3 Allen, Norton's fee shall not exceed $100,000.00 per Purchase Order without the approval of the Board of County Commissioners. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Allen,Norton.) In the event that Allen, Norton is required or requested to perform any additional or extraordinary services not herein contemplated, Allen, Norton 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 in writing by County in its sole discretion. Allen, Norton 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. Allen,Norton 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. 2. Except as modified by this Fourth 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 Fourth Amendment to the Agreement on this 13th day of April 2021, with the intention to attach this Amendment to the original Agreement. ATTEST: BOARD OF OUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER 0 Y,FLORIDA &Co .troller III A eria-K-4414-(11C By: _ ._. u ,, enny Tayl ,Chairperson Dated: I.a1 rv2 I ao ,es�� tuitdn"S Attt as to tuna A.. ,•ved as to fo and legalitySignatute only. ,, __ -c.li .mow. o. .-.......�...,.a. colt R. Teach item# t+ Deputy County Attorney Agenda Date 1311_1 Date *1`I " ' 2 REd 10 , 1 ?cZ,) J 1 6K 3 Allen,Norton&Blue,P.A. Counsel B a, 4-4„. •:.„,;/,( First'Witness Mark E.Levitt,Esq. j CC i,(due'Z Type/priht witness name Second Witness N'io., 1G ja (reSIIIAS Type/print witness name 3