Backup Documents 07/13/2021 Item #16K 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 routinglines#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. 1 Risk Management
3. County Attorney Office County Attorney Office SRT 7-13-21
4. BCC Office Board of County PT by 7-13-21
Commissioners JMH/s/
5. Minutes and Records Clerk of Court's Office 1-10,4 I a3o
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 Jessica Hayes/County Attorney's Office Phone 239-252-8743
Contact/ Department
Agenda Date Item was July 13,2021 Agenda Item Number 16K4
Approved by the BCC
Type of Document Amendment to Retention Agreement for legal Number of Original 1
Attached services with the Workers'Compensation law Documents Attached
firm of Kelley Stiffler PLLC
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 JMH
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 JMH
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 JMH
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 July 13,2021 and all changes made JMH N/A is rl
during the meeting have been incorporated in the attached document. The County an option for
Attorney's 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 r an option for
Chairman's signature. 116 line.
**PLEASE SEND A COPY TO RISK MANAGEMENT,JEFF WALKER*
**PLEASE SEND A COPY TO ERIC STIFFLER, erickstlawvers.com**
16K4
MEMORANDUM
Date: July 15, 2021
To: Jessica Hayes, Legal Assistant
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendment to Retention Agreement for Legal Services
w/Kelley Stiffler, PLLC
Attached for your records is one (1) scanned copy of the document as referenced
above, (Item #16K4) adopted by the Board of County Commissioners on Tuesday,
July 13, 2021.
The original is being held in the Minutes & Records Department as part of the
Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
16K4
AMENDMENT TO RETENTION AGREEMENT WITH KELLEY STIFFLER PLLCS
THIS AMENDMENT TO RETENTION AGREEMENT WITH KELLEY STIFFLER PLLCS for
legal services is entered into on this 13th day of July 2021,by Collier County,Florida,a political subdivision
of the State of Florida(hereinafter referred to as the"County"), and Kelley Stiffler, PLLC., (hereinafter
referred to as"Counsel")(collectively,the"Parties").
WITNESSETH
WHEREAS, on January 12, 2016, the County and Counsel entered into a Retention Agreement
(the"Agreement")wherein the County agreed to retain Counsel to provide professional specialized legal
services,primarily pertaining to Workers' Compensation matters;and
WHEREAS, the term of the Agreement, after exhausting all three one-year renewal terms, is
currently scheduled to terminate on December 1,2021;and
WHEREAS, the Parties wish to amend the Agreement to extend the term of service, modify the
existing unchanged rates for services,and provide further clarification of the procedural requirements for
billing these professional specialized legal services for an additional three year term,with three one-year
renewal terms,commencing on December 1,2021;and
WHEREAS,Exhibit"A"to the Agreement outlines the fees to charged for Counsel's provision of
professional services,as well as the requirements for submitting billed services for payment.
NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the
Parties hereto agree to amend the Agreement as follows:
1. Article 3 of the Agreement,entitled Term and Time of Performance,is amended as follows:
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall be extended for a period of three(3)years to
begin December 1, 2015 2021 and to end on December 1, 8 2024, 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.)
2. Exhibit"A"to the Agreement is amended in accordance with the strikethrough/underscored
attachment following the signature pages,which reflects the agreed upon change in rates and
clarification of billing procedure requirements.
3. 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.
4. This Amendment shall become effective and be in full force commencing December 1,2021.
104-00A-01158/1479196/11 1
16K4
IN WITNESS WHEREOF, the Parties have executed this Amendment to the Agreement by an
authorized person or agent,with an effective date for these changes to commence as of December 1,2021,
with the intention to attach this Amendment to the original Agreement.
ATTEST: BOARD O COUNTY COMMISSIONERS
CRYSTAL K. KINAL,CLERK COLLIE , FLORID
P.
By:
= f .aoC�a�. '� p ri e u Clerk PENNY TAYL R,Chair
1 litest
trgnattlre Oly•
pro eil top nd legality:
L.--
Sco R. Teach
Deputy County Attorney
4-COA-01158/1479196/I 2 I'
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116
16K �4
KELLEY ST1FFLER, PLLC
7 z
It
STATE OF FLORIDA
COUNTY OF LEE
The foregoing Amendment to Retention Agreement was acknowledged before me this a1 day of
, 2021, by erl G 1-e-Z as PO4-kne4- of Kelley Sti Mer, PLLC.,
on behalf of . He/she is personally known to me or produced
�/O. as identification.
Signature of Notary Public
'"r""'� MEAGFIAN MURRAY ll II L
461 MY COMMISSIONPHH56264 ketil 11/4-44lram)
"44.,�,f EXPIRES October 22,2024 Name Notary Public typed,printed or
My Commission Expires: 10- ZZ- 2t(
[04-COA-01 I58/1479196/11 3
16K4
EXHIBIT A
For professional services rendered,Kelley Stiffler PLLC's fee shall be based on the hourly rate
as follows:
Attorneys(J. Eric Stiffler) $ -Si2S_.00 per hour.
All-ether-444110ES--$47-5700-pw-hetif
Paralegal Rate $ 0125.00 per hour.
Kelley Stiffer PLLC's fee shall not exceed $100,000.00 per new matter assigned 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 Kelley Stiffler PLLC.
In the event that Kelley Stiffler PLLC is required or requested to perform any additional or
extraordinary services not herein contemplated,Kelley Stuffier PLLC 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.
Kelley Stiffler PLLC 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. Kelley Stiffler
PLLC shall provide said response within 30 days of receipt of the request.
If Kelley Stuffier PLLC should find it necessary to associate with any other law firm or attorneys
in order to responsibly and professionally provide services on a given project or case,written pre-
approval from the Office of the County Attorney and the Risk Management Division Director shall
be required. In any such instance,the rates for the associating firm or attorneys shall not exceed
those of comparably attorneys and staff of Kelley Stiffler PLLC. All billings of the associating
firm or attorneys, including all backup and detail, e.g., hours and nature of work performed as
invoiced,shall be included in the Kelley Stuffier PLLC billings.
Whenever Kelley Stiffler PLLC believes in its professional judgment that a consultant or expert
must be retained for purposes of a project or case,Kelley Stuffier PLLC shall retain such consultant
or expert directly following receipt of written approval from the Risk Management Division
Director or his/her designee. Fees and costs of such consultants or experts shall be billed to the
County through Kelley Stuffier PLLC billings with appropriate backup documentation(e.g.,hours
and hourly rates as invoiced).
Words Struek-Threugh are deleted; Words Underscored are added.
[04-COA-01158/1479196/1) 4
1 K4
I£for purposes of any services to be provided under this Agreement,Kelley Stif ler PLLC finds
it to be reasonably prudent or necessary to employ extraordinary services or products to be supplied
by a third party (e.g., electronic discovery services to collect and organize electronically stored
information),the cost of such services or technology will be paid by the County upon the Countv's
prior approval. Such approved services/products shall be invoiced through Kelley Stuffier PLLC's
billings with the approved Purchase Order amounts established herein.
NOTES:
•
• Billings by Kelley Stuffier PLLC shall be submitted to the County's Risk Management Division
and shall bepaid by the County's third party claims administrator with such expenses being charged
to the County's Workers'Compensation fund.
Words Strwele-Through are deleted;Words Underscored are added.
[04-00A-01158/1479196/1] 5 c•—*,
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