Agenda 02/10/2026 Iterm #16K 1 (Third Amendment to the Retention Agreement for specialized FEMA legal services)2/10/2026
Item # 16.K.1
ID# 2026-152
Executive Summary
Recommendation to approve and authorize the Chair to sign a Third Amendment to the Retention Agreement for
specialized FEMA 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 Third Amendment to Retention Agreement with Baker, Donelson, Bearman,
Caldwell & Berkowitz, P.C. to provide specialized FEMA legal services on an "as needed" basis.
CONSIDERATIONS: Attached for the Board's review and approval is a Third Amendment to Retention Agreement
with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (the “Firm”). This request seeks approval
to extend the Agreement for two additional years and to adjust the Firm’s rates, which have remained unchanged during
the last two years of the agreement.
Although the Firm has a wide array of legal expertise, the County generally limits its requests for services on an as-
needed basis to matters concerning the recovery of Federal Emergency Management Agency (“FEMA”) funds. The
rates charged by the Firm vary, 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. In the past, the County has primarily
engaged the Firm’s attorney Ernest B. Abbott, who previously served as General Counsel to the Federal Emergency
Management Agency. The Firm and Mr. Abbott have offices in Washington, DC. Upward rate adjustments were made
to Mr. Abbott’s rate, other Firm shareholders, Associates/Disaster Specialists, and Of Counsel members. All proposed
rate revisions are tracked in the attached proposed Third Amendment to Retention Agreement. Those rates represent the
Firm’s standard rates extended to public agencies, and the Firm has agreed to keep these rates in effect for the duration
of the two-year extension under the Agreement.
The benefit of retaining such specialized counsel is its frequent interaction with the federal and State FEMA agencies
and its ability to hit the ground running on matters concerning the recovery/retention of FEMA funds following natural
disasters or beach renourishment matters. In recent years, there has been very little need for the provision of any legal
services and incurred expense under the Agreement as a result of the absence of any payment disputes with FEMA.
FISCAL IMPACT: The approval and execution of the proposed Third Amendment to 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: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. –
SRT
RECOMMENDATION(S): That the Board approve and authorize the Chair to sign the attached Third Amendment to
the Retention Agreement with the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. for specialized
legal services requested on an as-needed basis to extend the term of the Agreement, and increase the Firm’s rates as set
forth in the attached Amendment.
PREPARED BY: Scott R. Teach, Deputy County Attorney
ATTACHMENTS:
1. Baker Donelson Bearman Caldwell Berkowitz - Retention Agreement
2. First Amendment to Retention Agreement
3. Second Amendment to Retention Agreement
4. Third Amendment to Retention Agreement 01.29.26
Page 3289 of 3707
2/10/2026
Item # 16.K.1
ID# 2026-152
Page 3290 of 3707
Date:
To:
From:
Re:
MEMORANDUM
May 31, 2019
Scott Teach, Deputy County Attorney
Collier County Attorney's Office
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
A Retention Agreement for specialized legal services with the
law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
Attached please find a copy of the agreement referenced above (Item #KlO)
approved by the Board of County Commissioners on Tuesday, May 28, 2019.
The original agreement has been held in the Minutes and Records Department
for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
Page 3291 of 3707
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink papcr. Attach to eriginal document. !he complttcd routing slip and original documenlll are to be fon-·ardcd to the County \ttorney Office
at the time the item is placed on the agenda. All completed routing slips and ori)4inal documents must be received in the County Attorney Office no later
than Monday preceding tbt Board meeting. **NEW** ROUTING SLIP
Complete routing lines# I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si arure draw a line throu routin lines # l throu #2. com lete the checklist. and forward to the Coun Attome Office.
Route to Addresse s (List in routing order) Office Initials nate 1. 2. 3.County Attorney Office4.BCC Office5.Minutes and Records County Attorney Office Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION
Nonnally 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 mav need to contact staff for additional or missing information Name of Primary Staff Scott R. Teach / County Attorney's Office Phone Number 252-8400Contact / Deoartment ,; Agenda Date Item was 5/28/19 V Agenda Item Number Annroved bv the BCC Type of Document Retention Agreement Number of Original Attached Documents Attached PO number or account n/G...... number if document is to be recorded INSTRUCTIONS & CHECKLISTInitial the Yes column or mark "NIA" in the Not Applicable column, whichever is a ro riate. 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes. rovide the Contact information ame; A enc • Address· Phone on an attached sheet 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed b the Office of the Coun Attome . 4. AU handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Ch.airman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Ii cable. 16K l SRT SRT SRT 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT si nature and initials are r uired. 7. In most cases (some contracts are an exception), the original document and this routing slip SRT 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 our deadlines! 8. The document was approved by the BCC on 5/28/19 (enter date) and all SRT changes made during the meeting have been incorporated in the attached document. The Coon Altorne 's Office has reviewed the ehan es if a licable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for th Chairman's si nature. \o ✓
NIA
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Shp WWS Original 9.03.04, Revised 1.26.05, Revised 2. 4.05; Revised 11/30/12
Page 3292 of 3707
RETENTION AGREEMENT WITH
Bew, l>oHllo& """'•: Cplwell 4 Benuwltg. P.c.
This Retention Agreement is made by and between the 8oad of County Commmioners
of Collier County, Florida (the •County;, and the law firm of Baker. Donelson. Bcann1n,
Caldwell & Bertcowitz. P.C .. of Washington, OC ("Counsel").
Whereas. Coumel bas spccia1 expertise and resouna in a wide range of legal matters,
with partic:ular expertise in 1epn:senling public apacy clians on issues arising under the laws,
regulations, and policies of the Federal f.mergency Management Ageocy {"FEMA), including but
not limited to mancrs seeking to reverse the deobliption of FEMA amisaance gnm1S; and
Whereas, the County from time to time has a requirement and need for lepl services
which are particularly within the expertise of Counsel;
Now, �ore, in consideration of the premises contained herein, the County hereby
hires and retains Counsel and Counsel hereby agrees to provide legal scniees to County.
ARTICLEl
COMPENSATION; MEmoo OP PAYMENT
l . I Compensation shall be paid to Counsel in accordance with the terms set forth in Exhibit
"A" attached hereto and made a part hereof. Requirements for reimbursable c:xpenscs are
set forth in Exhibit .. 8, .. anacbcd hereto and made a ,-t hereof. Expenses other than
automobile expenses must be documemed by copies of paid receipts or ocher evidence of
pa)'fflenl The Certificate contained in Exhibit "C'4 must be included with every invoice
submitted for pa�t.
1.2 The rates set forth in Exhibit ..,A" shall n:main in effect without change for a minimum of
two (2) )'ell'S from the efTec:tive dare of this Aareen,ent. In the subsequent years of the
Page 3293 of 3707
2
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house conffnnces among multiple attorneys mgned to a project or case are
necessary, each such attorney may bill bis or her customary rife for up to thirty
(30) minutes for any such confa'Cllce. To the exr.ent such a conference exceeds
thirty (30) minutes in length, Counsel agrees that it will discount the total
biUinp for all attOfflC)'S involwd in the conferc:ncc by forty.five (45) pen:ent
I .4 Counsel may submit invoa--es for hourly w01t assipmcnts punuant to Exhibit "A" only
after the services for which the invoices are submitted have been completed or expenses
incurred. An original invoice plus one copy is due within fifteen ( I 5) days of the end of
the month, except the final invoice which must be receiwd no later than sixty (60) days
after the work is completed or the expiration of this Agreement.
1.5 To be deemed proper, all invoices must comply with the requirements set forth in this
Agreement and must be submitted on the fonn and pursuant to the instnlCdon pn,scn'bed
by County. Payment may be withheld for wlure of Counsel to comply with a term.
coodition, or requirement of this Agmment.
1.6 Payment shall be made to Counsel at:
Baker, Donelson_ Barman. Caldwell & Bertc.owitz, P.C.920 Massachusetts Avenue. N. W. Suitc900 Washington, DC 20001
ARTICLE2 INSURANCE
2.1 To insure the indemnification obligation con1ained above. Counsel shall as a minimum.
provide, pey for, and maintain in force at all times during the tenn of th.is Agreement,
professional liability insurlnee in ID amount not lea than Three Million Dollars
3
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to
to
(3) (1)
Page 3296 of 3707
Agreement beyond the end of any fiscal yea-shall be subject to the availability of funds from
County in accordance with Chapter 129, Florida Statutes.)
3.1 Time shall be deemed to be of the ascace in performing the duties. obligations and
responsibilities by this Agn,ement.
3.2 Any amendments, alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when 1hey have been reduced to writing, duly signed by
both parties hereto, and attached to the original of this Agreement.
4.1 This Agn:ement may be t.ennillltCd by either party for cause upan ten (10) days' notice or
by either party for convenience upon no Jess than thirty (30) days' advance writtai notice
in aa:ordance with the "NOTICES" section of this AgreemenL
4.2 • Termination of this Agreement for cause shall include. but not be limited to, failure to
suitably perform the work. failure to continuously perform the work in a mannu
calculated to meet or accomplish the objectiYes of County a set forth in this Agn,emcnt,
or multiple breach of the provisions of this Agreement notwitbsalnding whether any such
breach was previously waived or cured.
4.3 In the event this AgN,emcnt is tenninated for convenience, Counsel shall be paid for any
services performed to the date the Agreement is tfflninab,d; �. upon notice by
either party to terminate, Counsel shall refrain from performing ftu1her .-vices or
incurring additional expenses under the term of this Agiecment. Counsel acknowledges
and agrees that Ten Dollars ($10) ofdle compamdoo to be paid by County, the adequacy
Page 3297 of 3707
of whic:h is hereby acknowledged by Counsel, is given as specific consideration to
Counsel for County's right to tenninate this Agreement for convenience. Couruiel's
obligations to the County IS provided for haeundcr-shall cease upon termination, except
for participating in an orderly and professional transfer of such responsibilities and files
or copies of files to the County or its desipec.
ARTICLES
UCoBP AUQJI AND INSPECTION
5.1 County shall have the right to audit the books and m:olds of Counsel pertinent to the
funding under this Agreement. Cocmcl shall preserve and make available. at reasonable
times for examination and audit by County, all financial records, supporting documents.
and other documents pertinent to this Agreement for a period of dnc (3) )'C8fS after
termination of this Agreemem or, if my audit bas been initiated and audit findings have
not been resolved It the end of the three )Cll'I. the boob and records shall be rerained
until resolution of 1hc audit findinp.
5.2 If the Florida Public Records Aa. (Cbapel:r 119, Fla. Stat.) is dctcnnined by County to be
applicable to Counsel's records, c.ounset sbalJ comply with all requimnents thereof.
however. no confidentiality or llOIMtisclosure requiranent of either federal or state law
shall be violalcd by Counsel.
ARTICLE6 CQNfLICT Qf INJERAI
6.1 Counsel states that it is familiar with and will comply with the tams and conditions of
Cbapcer 112, Part m, Florida Staautcs (C-odo of Etbica).
6
--------------- ---
Page 3298 of 3707
6.2 It is important that Counsel be independent and impmtial to property conduct its services
to the County. Counsel shall not act as coumet in any lawsuit or other adversary
proceeding in which County is oamcd as an adversary party or in which Counsel takes an
adverse position to the County.
6.3 Neither Counsel nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is subs&antially antagonistic or
incompatible with CowlseJ•s loyal and consientious exercise of judgment rclau,d to its
performance under this Agretment.
6.4 In the event Counsel is permitted to utilize subcontractors, herein, to perform any services
required by this Agreement,. Counsel agrees to prohibit such subc:ontractors by written
contract, from having any conflicts as within the lllmling of this acction.
6.S If at any time Counsel•• finn rq,rescnts a dieot in matters Mving to do with the Collier
County government, be it before the Board of County Commissioners or any ocher agency
or division of Collier County� Counsel will contact the County AUomefs
Office before undertaking such repraeatadCJn so that it can be determined whether a
conflict or interest exisls.
ARTICLE7 INDEMNDJCADQN
7.1 Counsel acknowlcdps and agrees 1hlt Ten DoUars ($10.00) of the compensation to be
paid by County. the adequacy of which is hereby acknowledged by Counsel, is given as
specific considention to Counsel so that Counsel shall at all times baeafter indemnify
County, its offK:CrS, agents, aervanas, and employees apinst any and all claims., losses,
7 e
Page 3299 of 3707
Page 3300 of 3707
ARTICLE9 JNDEPINDINI CQNTRACTOR
9. J Counsel is an independent contnldor under this Ag1eement. Services provided by
Counsel shall be subject to the supet &ion of Counsel. and such services shall not be
provided by Counacl as officers. emplo),les. or agents of lbe County. The parties
expressly acknowledge that it is not their intent to create any rigtm or obliptions in any
third person or entity under this Agreemc:nt.
ARTICLE 10
NONDISCRJMJNATIO� EQUAL OPPORTUNITY
MP AMUUCANS WITH DJMBPJIIf§ ACT
10.1 Counsel shall not unlawfully discriminate against any person in its operatjons and
activities in its use or expeoditme of 1he fimds or any ponion of the funds provided by
this Agreement and shall affinnatively comply with all applicable provisions of lhc
Americans with Disabilities Act (ADA) in the course of providing 111y services funded in
whole or in part by County, including Trtles I and ll of the ADA (reprding
nondiscrimination on the basis of disabHity), and all applialble regulations. guidelines,
and standards.
10.2 Counsel's docisioas n,prding the deliwry of services under this Agreement shall be
made without regaud to or considend:ion of race, age, rdigion, color, gender, sexual
orientation national � martial S1ldUs, physical or mental disability, poli1ical
affiliation. or any ocber factor which mmot be lawfully or appropriuoly used as a basis
for service delivery.
9
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Page 3302 of 3707
requested, or by hand-delivery, addressed to the party for whom it is intended at the place
last specified. The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the parties
designate the following:
FOR COLLIER COUNTY:
Jeffrey A. Klatzkow, County Attorney
Government Center
3299 Tamiami Trail East
Suite 800
Naples. Florida 34112
FOR COUNSEL:
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
900 Massachusetts Avenue, N.W.
Suite 900
Washington, DC 20001
ARTICLE 12
MISCELLANEOUS
12.l W AIYER OF BREACH AND MATERIALITY
Failure by County to enforce any provision of this Agreement shall not be deemed a
waiver of the provision or modification of this Agreement. A waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
12.2 COMPLIANCE WITH LAWS
Counsel shall comply with all federal, state, and local laws, codes, ordinances, rules, and
regulations in performing its duties, responsibilities, and obligations related to this
Agreement.
II 0
Page 3303 of 3707
12.3 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction to
be invalid, the remaining pn,Yisions sbaU continue to be cffectiYe unless County and
Counsel elect t.o terminate this Agreement. The election to terminate this Agreement
ba.,ed upon dais provision shall be made wi1hin SC\'ell (7) days after the finding by the
court bea>mes final.
12.4 APPLICABLE LAW AND VENUE
This Asreemart shall be intapcded and construed in accordance with and gomned by
the laws of the State of Florida. Venue for litiplion concc:ming this Agreement shall be
in Collier County, Florida.
I2.s PRIOR AGREEMENTS
This document supaa,des all prier negotiations, COU'espoodence, conversations.
agreemen� and understandings applicable to the Dlllters aJOtlined herein and the parties
agree that there are no c:ommitmera. agreements or undcmandinp concerning the
subject matter of this Agreement that m:e not contained in this document. Accordingly,
the parties agree that no deviation mien the terms hereof shall be predicated upon any
prior zcpceserdations or aareements, whelher cnl or writlen. It is further agn,ed 1bat no
modificalion. amendment or alteration ia the tenns or conditions contained hen,in shall
be eft'ectjve unless contained in a writtm document in accordance with Article 3 above.
t 2.6 INCORPORATION BY RF.FERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the
parties. The attached Exhibits "'A. -"8," and "C" m:e incorponled into and made a part of
this AgreemenL
u
Page 3304 of 3707
Scott R. Teach Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS OF COLLIER �IM'lt-li"4.....I LORJDA
Baker��-A<Zl��tz,P.C.DATE: tt1A1 , .3, .)..DI <r : .;> Ir By: I_}✓�
CITY OF WASHINGTON DISTRICT OF COLUMBIA
Its: of � r,. ,Q
The fol'egoina Retention Agreement was acknowledged before me this I 3 -d. day of
IH,h'., .)..OIJ, by E:Rrut.$TJ5 Aee,orru OF Co11AJS£L of Baker. DonelllOII, Bearman,
Caldwell & Berkowitz, P .C., on behalf of 1he profeaional ISIOCiltion. Hdahl is penonally
\.
Page 3305 of 3707
EXHIBIT"A"'
For professional services rendered. Counsel's fee shall be based on tho hourly rate as follows:
Ernest B. Abbott
Pau.ers (not to exceed)
Associates (not to exceed)
Paralegals / Legal Aaisaant
$ S 10.00 per hour
S 370.00 per hour
S 350.00 per hour
$ 200.00 per hour
Counsel's fee shall not exceed s100.000.00 per new matter assigned without the approval of the
Board of County Commissioners. Any expenditure beyond the initial S1�000.00 approval by the Board of County Commissioners must have Board approval prior to work being performed. (Where approprille a "not to exceed" sum shall be agreed to when each assignment is made to Counsel)
In the event that Counsel is required or requested to perform any additional or extraordinary services not herein contemplated, Counsel shall be entitled to apply for additional compensation. the amount of which shall be subjeet to the approval of County and no such additional compensation in excess of the amount hcRin stated shall be paid unless specifically authorized in advance by County in its sole discretion.
Counsel sbaU provide, at no cost to County, the annual response to County's audit.ors regarding pending or threa1ened litiptioo. 1be auditors t:ypically request informadon regarding all litigation. claims and assessments considered to be material. The response should include the nan.m: of the litiplion, the progress of the case to date, an estima1e of the anoont or range of potential loss. and any other infonnetion ccasidered necessary lo explain the case. Counsel shall provide said response within 30 days of n,ccipt of lhc roquost.
NOTES:
•Divisions, or departments within such divisions, ahaU be rcspons11>lc and pay for legalcounsel services relatina to litiplioo and outside countel specifically for cases, matters orissues relatine to such division or depatment. as determined by the County Attorney incoordination with the County Muaga-.
14
Page 3306 of 3707
EXBIBITB
I.In addition ID the dages for profes.,ional fees set forth in Exhibit A. and the
Schedules attached hereto, County shall mmbursc Couneel for out-<>f-pocket
expenses reasonably incum=d in the c:oune of reoderina such lepl services, including
costs of long distance calls, printins, COICI of rq,roduction, and necessary travel
expenses incwmi in accordance with the requiranents of Chapter 112. F.S. Counsel
shall 8Ql dmge for travel of auomq,s between its offices so that it can provide the
best available and most appropriate lawyer in any of its office locations for the issues
involved.
2.Counsel shall submit invoices on a monthly basis for the payment of out-<>f-pocket:
expenses. Each invoice shall include a signed certificate listing all costs., expenses,
voucllers, invoices and other documentary evidence 1bllt will describe in reasonable
detail the basis for expenditun:s for which mmburwmmt is sought as set forth below.
3.REQUIREMENTS
The following represents Collier County's pa)Dlent n,quiremcnts for legal costs
►Your federal employee identification number must be on all invoices submitted.
►The applicable Purchase Order number must be on all invoices submitted.
►No service, interest, or other charge of like nllUre is ID be imposed with regard to
any item, invoice, or n,quest. All firms doing busincs with Collier County must
have a cumnt W-9 .. Request for Taxpayer Identification Number and
Certification" on filo.
►Services rendered must be specifically and c:onciseJy idcnti6-
►Names of persons perfonning services_ hourly nites. and data must be listed. The
County agrees ID reimburse Counsel for retention and utilization of
sub-consultants.
IS
Page 3307 of 3707
►Reimbursable expense must be verified by attached receipts or copies thereof.
►Claims for mileage and meals c:annot exceed statutory allowance as provided forunder Chapter J 12, F .S. Meals and mileage � be charged wtless theprofessional has traveled outside the county of the principal businea location.
►Claims for lodging at single rate (actual cost) must be substaJtiaaed by paid bill orcharge, with a cap of no more than SlS0.00 per night.
►Car rentals required for travel should include compact or standard-size vehiclesonly.
►Common carrier travel shall be n:imbwsable It tourist or coach class fares on1y.
►Accounting Division requires original receipts, or �es of receipts which havebeen individually certified to be true copia of the originals. In addition theCertificate contained in Exlul>it C must accompany eecb invoice. The certifyingperson must sign lbe Certification form and a description provided of the items,which are certified.
► Faxes shall not be reimbursed
►Legal ReseaR:h costs (Lcxis.-Nexis. Westlaw, «c.) shall not be reimbursed
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EXHIBITC
CERTIFICATE
IT IS HEREBY CERTIFIFD 1bat:
1.___________ bas been duly designated a., special coumel to
renda' Jep) services or provider of services ftv or on behalf of Collier County;
2.F.ach of the documents heteinatb:r identified and aaachcd is a true mid comet copy of the
original record;
3.Expencfibn(s) enumerated n:p,eamt costs neceasarily incurred during die course of
official business for which payment has not been receiYed and for which documentation is
not available or reasonably retrievable;
4.Claims are in compliance with the applicable sbllUrel and administrauw orders, and with
the expnm provision that all odler parties are barred tram entitlanent to any part of these
costs.
RE: Invoice No. Dated ______ __, ------
Period Covered: Amount -------------
IN-HOUSE CHARGES:
Photocopies: _____ copies@S0.JS/each $ __ _
Mileage: ______ miles@_/mile $ ___ _
OTHER <C9Pkt otimiw ncgind):
TOTAL:
Long Disllnce Calls
Other:
s ___ _
$ ___ _
s ___ _
FOR TIIE FIRM
Siped: ___________ _ Print Name: _________ _
Title: ___________ _ Dale: ------------
17
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 routinp_lines#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 1 A / ' / I
1/?-071 5ci"
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 Attorney's Office Contact Information 239-252-8400
Contact/Department bed 4-0 JC S j e5
Agenda Date Item was March 9,2021 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 option or
Office has reviewed the changes,if applicable. is 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 o tion for
Chairman's signature.
please send a copy to Ernest B. Abbott at eabbott@bakerdonelson.com**
Page 3310 of 3707
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: 1st 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
Page 3311 of 3707
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:
is
t f
it
Page 3312 of 3707
EXHIBIT A
For professional services rendered, Baker Donelson's fee shall be based on the following
hourly rate:
Attorney Billing Rate
Ernest B.Abbott 444OO$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
I00,000.00 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
CAO
Page 3313 of 3707
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 CAUCYN , 2021, with the intention to attach this
amendment to the original Agreement.
ATTEST:, " BOARD OF COUNTY COMMISSIONERS
CrystaPK:•Klnzei," COLLIER 0 'TY, FLORIDA
Clerk of Courts'end.Comptroller
By`w By:
Attest 1s t0 Chaitiliaa's , u Commissions enny Taylor,Chairman
signature oary.,,.
pp ved as to f d legality:
l.21
Scott R. each
Deputy County Attorney
BAKER,DONELSON,BEARMAN, CALDWELL
BE WITZ
By: tt
Its: dE c i ,icEL.
S OF UV r6 LA
COUNTY OF I
The foregoing R ention A Bement was ackrtovylledged bfore me this 4'C
day of
0 Y ,2021,by 1,1"M I-t Wo\O (as of Baker,D9nelson,
Bearman, aldwell &Berkowitz,P.C.,on behalf of 1A S1 Pt,.e#.a.\. He/she is
personally known to me or produced_ as identification.
p-ji ON\ - VODY
gnature of No Public
000usgn.a by:
Tt2r.z.. Av,ok.')e,Ak\t- c)otp)vN,
DFeBE252OCo 4c2. Name of Notary Public typ d, printed or IMyCommissionExpires: Y 1 511
3
49
e
Page 3314 of 3707
SECOND AMENDMENT TO RETENTION AGREEMENT
THIS SECOND 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 with particular
expertise in representing public agency clients on issues arising under the laws, regulations, and
policies of the Federal Emergency Management Agency ("FEMA"), and whose past
representation of the County has been performed by a prior General Counsel to FEMA;and
WHEREAS, the professional services to be rendered as specified in Article 3 of the
Agreement provided 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, was scheduled to terminate on April 22,
2021, but was renewed through the execution of a First Amendment to Retention Agreement
entered into by the Parties on March 9,2021,for the remaining three(3)renewal terms; and
WHEREAS, the rates for Counsel have remained unchanged for the last three renewal
terms as provided for in numbered paragraph two of the First Amendment to Retention
Agreement; and
WHEREAS, the Parties wish to further amend the Agreement to extend the contract for
two more years effective as of April 23, 2024, and to adjust the rates in accordance with the
current standard rates that Counsel extends to other public agencies.
NOW,THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties hereto agree to further amend the Agreement as follows:
1. The Parties agree to amend the Agreement to provide for an additional two-year
renewal term as provided in Article 3, Term and Time of Performance, under the
Agreement effective as of April 23, 2024 and continuing through April 23,2026.
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 during the two-year renewal term effective
as of April 23,2024 as revised and reflected below:
Page 3315 of 3707
EXHIBIT A
For professional services rendered,Baker Donelson's fee shall be based on the following
hourly rate:
Attorney Billing Rate
Ernest B. Abbott 5-50.00$675.00 per hour
Shareholder rate(not to exceed)3-80-ter$4-75700
415 to$605.00 per hour
Of Counsel 405.00 to$615.00 per hour
Associates/Disaster Specialists
275.00 to$450.00 per hour
Paralegals/Legal-Assistants 200 per-hour
Disaster Recovery Coordinator 250.00 to$315.00 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.
Page 3316 of 3707
3. The last sentence in Article 1, Compensation; Method of Payment, of the
Agreement shall be amended and revised as follows: "The Certificate contained in Exhibit "C"
must be included with every invoice only where reimbursable expenses incurred during the
course of the representation are being submitted for payment."
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 12+41 day of Plc,., h , 2024, with the intention to attach this
amendment to the original Agreement.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K.Kinzel, COLLIER COUNTY,FLORIDA
Clerk of Courts a troller
By: By:
At-test as to h irman's,Deputy Clerk Co sinner Chris Hall,Chai an
signature y
pprovd s to for t ality:
Scott R.Teac
Deputy County Attorney
3 0,.
Page 3317 of 3707
BAKER,DONELSON, BEARMAN, CALDWELL
BERKOWITZ,P.C.
By:
Its: Of Counsel
STATE OF \)i. c c_* e,4 CQ0 I u r41 1(,
COUNTY-OR
The foregoing Second Amendment to Retention Agreement was acknowledged before
me this/1'day of ,.S ci hutcs r 1 ,2024,by Lr'rle=A. B rckilo - as Of ('cun`,e( of
Baker,Donelson,Bearman,Cal ell&Berkowitz,P.C.,on behalf of
t,H she is personally known to me gc produced
as identification. — --
S'lk2t,9..4 CAA 6 C
Signature of Notary Public
Name of Notary Public typed,piintectc 4 'EXP ,r'
n:::
My Commission Expires: i ".: + 0 '
0'
1. 2 2e 26 3
T 4v
1 !uti);rI ICT '"i UR 1I i'
p p F Cd.•d,,,
li.,.,r.,F aH y. ,
4 Ed
Page 3318 of 3707
\ HEREAS, on May 31, 2019, the County and Courxel entered into a Retention
Agreement (the "Agreement"), with an effectivc date of April 23,2019, that included an initial
two-year term with three additional one-year renewal terms, whereby the County agreed to retain
Counsel to provide professiohal specialized legal services with particular expertise in
representing public agency clients on issues arising under the laws, regulations, and policies of
the Federal Emergency Management Agency ('FEMA"), and whose past representation of the
County has been performed by a prior Ceneral Counsel to FEMA; and
WEEREAS, on March 9, 2021, tbc Parties entered into I Firsl Amendment to thc
Agrcement to amend the hourly rates for Counsel and to extend the term through and including
April 23,2024; and
WHEREAS, on March 12,2024, the Parties entered into a Second Amendment to the
Agreement to amend the hourly rates for Counsel, which hadn't increased during the previous
tkre years ofthe Agreementi and extend the term through and including April 23,2026; and
WHEREAS, the Parties wish to t'unher ahend the Agreemenl to extend the contracl for
two morc yeam as of April24,2026, and to adjus the hourly rates in accordance with the current
standard rates that Counsel extends to otler public agencies.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties hercto agree to further amend the Agreement as follows:
l. 'Ihe Parties agree to anrcnd the Agreement to provide for an additional two-year
renewal term as pmvided in Article 3, Term and Time of Performance, under the
Agreement effective as of April 24,2026 and continuing through April 23,2028.
2. t'lxlibit "A" to the Agreement, which contains the rales of compensation that Counsel
will charge upon providing its specialized legal services is amended, and the amended
rates shall remain in effect without change during the two-year renewal term effective
as of April 24,2026, as revised and reflected bclow:
cAo
THIRD AMENDMENT TO RETENTION AGREEMENT
THIS THIRD AMEITDMENT TO RETENTION GREEMENT is entered into on thc
below date by Collier County, Florida, a political suMivision of the State of l'lorida, through its
Board of County Commissioners, hereinafter refered to as the "County" and Baker, Donelson,
Bearman, Caldwell & Berkowitz, P,C., (hereinafter referred to as "Counsel").
WITNESSETH
Page 3319 of 3707
EXIIIBIT A
For professional services rendered, Baker Donelson's fee shall be based on the following
hourly rate:
Attorncv
Emest B. Abbott
Shareholder rate (not to exceed)
Associates/Disaster Specialists
Billins Rate
$675+0 $800 per hour
$500.00 to $750.00 per hour
C,4 I < nn r,. Qrn < nn --- L^,,-Pwr uvw
Q,4n< nn +^ O(l < nn --- L^,,-
Q1?< nn l^ ll,1<n nn --- L^,,,
$625.00 to $725.00 oer hour
Paralegals /
Disaster Recovery Coordinator
$300.00 to $550.00 ner hour
$250.00 to $31 5.00 per hour
In the event that Baker Donelson is required or requested to perlorm any additional or
extraordinary services not herein contemplated, Baker Donelson shall be entitled to apply fbr
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 ofthe litigation, the progress of the case to date, an estimate ofthe 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 ofreceipt ofthe 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.
l
Of Counsel
Baker Donelson's fee shall not exceed $+e+p0930 5200,000.00 per new matter assigned
without the approval of the Board of County Commissioners. Any expenditure beyond the initial
$+e0p0+00 $200,000.00 approval by the Board of County Commissioners must have Board
approval prior to work being performed. (Where appropriate a "not to exceed" sum shall be
agreed to when each assignment is made to Baker Donelson.)
Page 3320 of 3707
3. The last sentence in Articlc l, Compeosation; Method of Payment, of the
Agrccmcnt shall be amcnded and revised as follows: ..The Cenificate contained in Exhibit ..C,'
must be includcd with every invoicc only where reimbursable expenses incurred during the
couse of the repre.scntalion are beingsubmined for payment."
4. Except as modified by this Third Amendment, all other terms and conditions of
thc Agreement shall rcmain in full forcc and effect. ll'llrere is a conflict between the terms of
this Third Arnendmcnt and the Agreement, the terms of this amendntcnt shall prevail.
IN WITNESS WHEREOF, the parties have executcd this Third Amendment to rhc
Agr€em€nt on this
--
day of January, 2016, with the intention to attach this amendment ro
thc original Agreement.
ATTEST:
Crystal K. Kinzel,
Clerk of Courts and Comptmller
By
, Deputy Clerk
Approved as to form and legality:
Scott R. Teach
Depuly County Attomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Commissioner Dan Kowal, Chairman
BAKER, DONELSON, BEARMAN, CALDWELL
&B WITZ, P.C.
By
Its
l
Page 3321 of 3707
Efreaive luly 1,2024, Punua lo 0 7E7,06(l3I Florids ftalutas, whcn a contrrct is cxecutcd, r€newcd, or cxtondcd bctrrcen r
notrgoYcmmcntil ontity atd r 8ovcrnmcntal cntity, thc nongovemmGrtsl cntity musl provide lhe govemmcntrl entity wifi an
affdavit *igncd by an offcer or a rcprcsentalivc of thc non8ownrmcnEl cntiry undcr pcnalty of per;ury qftcstin; thlt thc
nongovcmmcntal cntity &cs not usc cocrcioo for labor or c€rviccs.
Effc-ctivc Juurry l, !0?4, a govcrnmatbl enlity mry nol acc?t ! bid on, a pmposal for, or s tlgly to, or enter into, r contract with
rn 6tity rYhich would lranl thc ontity ecaes b sn individrul's pcnonrl idcnti$ing infomdktn unlcss thc cntity povidca th€
8ovlrllmcl wilh rn tfrtdavit signed by ar officcr or reprcscntrlivc undcr pcndty of p.fjury rtLsling that thc cntity docs not rncet
rny of the bllowing critcris: (a) $c cn(iay is owncd by tho govemmqrt of I forlign countrl of conccm: (b) the govdnment of 8
forcign oountry of conccm hrs r co mlling hlcrclr ir thc artity; or (c) 0rc cntity is organizrd undcr ahe hul5 of or has its principat
phoc of busimss in s forcign country of corcem.
AFFIDAVIT RBGARDIIIG I,ABOR, AND SERVICES
AND CONTRACTTNG WITII ENTTTIES OF FORETGN COUI{TRJES OF CONCE,RN PROIIIBITED
of as audlori,3d rEprrscntstivc ancst under
of pcrjury of Nongovemmcnlal Entity) docs not: (l) use
cocrtion for labor
Efrccivc July l, 2025, \vhcn rn cntity extends or rcflcws r contrEct with a govcrnmsrtll cnaity which would grElt ths etrtity e€{es!
to rn indiYidurl'3 pcrsoorl id€n rying itrformsrion, th6 .ntity m[it prnvidc thc govemmcntrl entity wiah sll ;flidavit signcd by an
omccr or rEprolattrtivE oflhc cntity under p€nalty of pdury ru8sting thlr OlG rrtity docs not nrcct 8ny ofthc critcria in psragraphg
(2Xr)F(c), $ 287.138, Fbridr StstutB.
Ststulcs, rnd (2) thc nongovcrnnentrl ertity i! nol (r) owned by
.8ovclttmcot ofr forEign coutry ofcqrccrn, (b) thrt a fucign oountsy ofcooccrtr docs not havc a conuolling intcltst in ahoqllity, end (c) rhlt the sltity i3 mt ortrnizcd unda tho hw: ofor hls i6 principal plscc of burincss in a brriBn county of
cooccm, rll 13 pohibited undcr $ 2t7.13t, Floridr Sldurca.
U ofpcrjury,l thal I hevc rcad thc ng Affidavit rnd tlut the facs steted in it are tru€.
t{eI
l,
(S aturc of zcd rcprcaentsaivc)
'l
I
Sworn !o (or affmcd) mdt6n uy orfuuri*
id.dificarion. J
Public
Expircs
Petsonrlly Known OR Produccd ldcntfication O
subsclibed bcforc mc,by means of ffiysical prcsarcc or E onlinc mlrrizdion d s
.20JL,ofAmr ), who produced his Florida Drivcr's Licansc as
!, oF
Nqtgovcmma d &tity's Name:
Add.!ss
Phonc Numbcr
Authorized 's Namc:
Authorizrd RcpEscotntive'3 Title:
I
I
tlrtt
Plrouc
CIBTCIE,oTltr
Type ofldo ificstion Ploduced:
CONTRACT RTNEWAT OR EIIENSION REOU ESI fORM VaTsion : 2025,1
sr^rEoF_-feI
^e4rCe_couNrYoF 6,hg IbJ
Page 3322 of 3707