Backup Documents 02/10/2026 Item #16K 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 K i
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.
** 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. (Enter your Dept here)
3. County Attorney Office County Attorney Office ens Oill/
ag
4. BCC Office Board of County bK -B'S by MB
Commissioners [s] Z I l l iZ6
5. Minutes and Records Clerk of Court's Office
i NI @ti
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 Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was Agenda Item Number
Approved by the BCC 2. t o /04 140
f
Type of Document(s) Number of Original
Attached file iek.e, /- Documents Attached j
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 signature?(stamped unless otherwise stated) MB
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 legality. (All documents to be signed by MB
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 MB
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 MB
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 MB
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 uploaded to the
agenda. 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 2 f l0 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County Attorney ((n/ an option for
Office has reviewed the changes, if applicable. t this line.
9. Initials of attorney verifying that the attached document is the version approved by the j 1/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the Ofill', an option for
Chairman's signature. phis line.
Please email an additional copy to
I:Forms/County Forms/BCC F Madison.Bird@Collier.gov
6.05;2.24.05; 11/30/12;4/22/16;9/10/21
k
16Ki
THIRD AMENDMENT TO RETENTION AGREEMENT
THIS THIRD 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, that included an initial
two-year term with three additional one-year renewal terms, whereby 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, on March 9, 2021, the Parties entered into a First Amendment to the
Agreement 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
three years of the Agreement;and extend the term through and including April 23, 2026; and
WHEREAS, the Parties wish to further amend the Agreement to extend the contract for
two more years as of April 24,2026, and to adjust the hourly 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 24,2026 and continuing through April 23,2028.
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 24,2026, as revised and reflected below:
GAO
I K1
EXHIBIT A
For professional services rendered, Baker Donelson's fee shall be based on the following
hourly rate:
Attorney Billing Rate
Ernest B. Abbott 00 $800 per hour
Shareholder rate (not to exceed) $415.00 to $605.00 per hour
$500.00 to $750.00 per hour
Of Counsel $405.00 to $615.00 per hour
$625.00 to $725.00 per hour
Associates/Disaster Specialists $275.00 to $450.00 per hour
$300.00 to $550.00 per hour
Paralegals/ $250.00 to $315.00 per hour
Disaster Recovery Coordinator
Baker Donelson's fee shall not exceed $100,000.00 $200,000.00 per new matter assigned
without the approval of the Board of County Commissioners. Any expenditure beyond the initial
$100,000.00 $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.)
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
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, 6 K1
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 Third 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 Third Amendment and the Agreement,the terms of this amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Third Amendment to the
Agreement on this ItfiI day of Jameuy, 2026, with the intention to attach this amendment to
the original Agreement. Felt,,may
ATTEST: , BOARD OF COUNTY COMMISSIONERS
Crystal' `:.'Ku"-mei, COLLIER COUNTY,FLORIDA
,.Clerk of Coni•4rd Comptroller
BY:, t S "~ 4A GL By: /
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,'.a.il' .x3 Meetnas to uhallman's Commissioner Dan Kowa', Chairman
4`�'` t signature only
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pproved as to o d legality:
1.4. Z-----
Scott R. Teach
Deputy County Attorney
BAKER, DONELSON,BEARMAN, CALDWELL
&B OWITZ,P.C.
By: r `t
Its: *.4,g7e
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6 K 1
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July I,2024, pursuant to § 787.06(13),Florida Statutes, when a contract is executed, renewed,or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January I,2.0'.4,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July I,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§ 287.138,Florida Statutes.
Nongovernmental Entity's Name:
Address:
Phone Number:
Authorized Representative's Name:
Authorized Representative's Title:
Email Address:
_�._.
I, /%,,, - d'" ,.- • ante of • I +riz•• 'epresentative), as authorized representative attest under
perms of perjury Of MrAI 1 '.. ,,,, , �. ,1! (Name of Nongovernmental Entity) does not: (1) use
coercion for labor a services as�sefinei in • 787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity,and(c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited under§287 138,Florida Statutes.
Un •- re:ralt''of
perjury,I eclare that I have read the foregoing Affidavit and that the facts stated in it are true.
jjJJ''r;.:/`1 f fr/?
nature of aunt M .red representative)
STATE OF 1t `n ye.. 3_e'e__.
COUNTY OF i
Sworn to(or affirmed)and subscribed before me,by means ofysical presence or 0 online notarization this
/' day of 20, fo,,by ` Name of Affiant),who produced his Florida Driver's License as
identification J
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tart'Public
lianinbCENNE888ENpOuTBARY}uc
�?��e� l5 aA Commission ExpiresPersonally Known OR Produced Identification❑
Type of Identification Produced:
CONTRACT RENEWAL OR EXTENSION REQUEST FORM Version:2025.1