Backup Documents 09/14/2021 Item #16K 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 3
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 routing_lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 9/14/21
4. BCC Office Board of County PT by JMH 9/14/21
Commissioners /s/
5. Minutes and Records Clerk of Court's Office
9 (7 I Q:aoaLktk
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 Contact Information 239-252-8400
Contact/Department
Agenda Date Item was September 14,2021 Agenda Item Number 16K3
Approved by the BCC
Type of Document Second Amendment to a Retention Agreement Number of Original 1
Attached for Legal Services with Woods Weidenmiller Documents Attached
Micheal Rudnick,LLP
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.
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 September 14th,2021 and all changes JMHot
made during the meeting have been incorporated in the attached document. The trr option for
County Attorney's Office has reviewed the changes,if applicable. bis line.
9. Initials of attorney verifying that the attached document is the version approved by the BCC, '/A is not
all changes directed by the BCC have been made,and the document is ready for the (11, i option for
Chairman's signature. bis line.
16K 3
MEMORANDUM
Date: September 17, 2021
To: Jessica Hayes, Legal Assistant
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Second Amendment to the Retention Agreement for Legal
Services
Contractor: Woods, Weidenmiller, Michetti & Rudnick, LLC
Attached for your records are one (1) original of the document as referenced above,
(Item #16K3) adopted by the Board of County Commissioners on Tuesday,
September 14, 2021.
The Board's Minutes and Records Department has kept the original 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
16K 3
SECOND AMENDMENT TO RETENTION AGREEMENT FOR LEGAL SERVICES
THIS SECOND AMENDMENT TO RETENTION AGREEMENT FOR LEGAL SERVICES is
entered into on this 14th day of September 2021, by Collier County, Florida, a political subdivision of the
State of Florida, through its Board of County Commissioners ("County"), and Woods Weidenmiller
Michetti Rudnick,LLP("Counsel"Xcollectively referred to as the"Parties).
WITNESSETH
WHEREAS, on February 8, 2011, the County and Counsel entered into a Retention Agreement
(the"Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal
services covering a wide range of legal matters; and
WHEREAS, on October 25, 2016, the Parties entered into a first Amendment to the Agreement
extending the term(including all exercised renewal terms)through December 8,2021;and
WHEREAS, the current renewal term is scheduled to terminate on December 9, 2021, unless
otherwise renewed by the Parties; and
WHEREAS,Counsel's hourly rates have not increased over the last ten(10)years; and
WHEREAS, the Parties wish to amend the Agreement to extend the termination date under the
Agreement as specified in Article 3,entitled Term and Time of Performance,and to adjust Counsel's hourly
rates as reflected in the below revised Exhibit"A."
NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the
Parties hereto agree to amend the Agreement as follows:
1. The law firm of Woods Weidenmiller Michetti Rudnick & Galbraith, PLLC accepts
and assumes all rights, duties, benefits, and obligations under the Agreement, as
amended including all existing and future obligations to perform under the Agreement.
2. Article 3.1 of the Agreement is amended as follows:
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on
December87 281-6 September 14, 2021, and to end on December 8, 201 k 2023,
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.
Wordssk-Mr-Entgh are deleted;Words Underscored are added.
16K 3
3. Exhibit"A"to the Agreement,which contains the hourly rates that Counsel will charge
upon providing its specialized legal services is amended as reflected below, and the
amended rates shall become effective as of the date of the execution of this Second
Amendment, September 14,2021.
* * * *
EXHIBIT A
For professional services rendered, Woods' fee shall be based on the following hourly rates:
Greg N. Woods $275.00 per hour$350.00 per hour
All other Partners AAA-per-hour $350.00 per hour
Associates $208:00-per-heur $275.00 per hour
Paralegals/Legal Assistants Q«." -hour $65.00 per hour
The above hourly rates represent a reduced public sector rate as compared to Woods' standard hourly rates
charged to its private sector clients. In the event that the firm represents the County in a litigation matter
that goes to trial and the County is awarded prevailing party attorneys' fees against the opposing party,the
County will be subject to the firm's then standard hourly rates charged to private sector clients but that the
County will only be responsible for payment of the public sector rate and agrees to assign any increased
difference over the public sector rate in any such Court Order to the firm.
Woods' 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 Woods.)
In the event that Woods is required or requested to perform any additional or extraordinary services not
herein contemplated, Woods 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.
Woods 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. Woods 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
2
Words Sisk ough are deleted;Words Underscored are added.
e
16K 3
to such division or department, as determined by the County Attorney in coordination with the
County Manager.
4. Except as modified by this Second 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 Second Amendment and the Agreement, the terms of this amendment shall
prevail.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to the Agreement
on this 14th day of September 2021,with the intention to attach this amendment to the original Agreement.
ATTEST: BOARD OF OUNTY COMMISSIONERS
CRYSTAL K. KINLEL,CLERK COLLIER ,FLORIDA
By: By:
Attest; t0 eputy PE TAYL Chairman
sigiettrt Pn
Arcistir t7id legality:
Sc R. Teach,Deputy County Attorney
3
Words StrusIE-Thfeugh are deleted;Words Underscored are added.
16K 3
Woods Weidenmiller Michetti Rudnick, LLP
By:
Its:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Second Amendment to Retention Agreement was acknowledged before me this_
day of August 2021, by as of Woods Weidenmiller
Michetti Rudnick, LLP.,on behalf of . He/she is personally known to me or
produced as identification.
Signature of Notary Public
Name of Notary Public typed, printed or
My Commission Expires:
4
Words Stfuek-Thfongh are deleted;Words Underscored are added.
e