Agenda 02/28/2017 Item #16K1502/28/2017
EXECUTIVE SUMMARY
Recommendation to approve Fourth Amendments to Agreements for Legal Services relating to
Contract No. 06-4047 Eminent Domain Legal Services with the law firms of Fixel & Willis and
Smolker Bartlett Loeb Hinds & Sheppard (formerly known as Smolker Bartlett Schlosser Loeb &
Hinds) extending the expiration dates to April 22, 2019 and to increase the hourly rates of Smolker
Bartlett Loeb Hinds & Sheppard. There is no new fiscal impact associated with these Amendments.
OBJECTIVE: That the Board of County Commissioners approves, and authorizes its Chairman to sign,
Fourth Amendments to Agreements for Legal Services relating to Contract No. 06-4047 Eminent Domain
Legal Services with the law firms of Fixel & Willis and Smolker Bartlett Loeb Hinds & Sheppard
(formerly known as Smolker Bartlett Schlosser Loeb & Hinds) extending the expiration dates to April 22,
2019 and to increase the hourly rates of Smolker Bartlett Loeb Hinds & Sheppard.
CONSIDERATIONS: On April 24, 2007, the County and Counsel entered into Agreements (the
“Agreements”) wherein the County agreed to retain Counsel to provide professional specialized legal
services in connection with the acquisition of real property through eminent domain proceedings.
The professional services to be rendered as specified in paragraph 13 of the Agreement was for a two (2)
year term with two (2) additional renewal terms of one year per each term. On January 25, 2011, the
Board of County Commissioners amended the Agreements by extending the terms of service an
additional two (2) years to April 23, 2013. On January 22, 2013, the Board of County Commissioners
amended the Agreement to extend the terms of service to April 22, 2015. On February 11, 2014, the
Board of County Commissioners entered into an Assumption Agreement with Fixel & Willis (formerly
known as Fixel, Maguire & Willis). On April 26, 2013, the Board of County Commissioners entered into
an Assumption Agreement with Smolker Bartlett Schlosser Loeb & Hinds (formerly known as
Bricklemyer, Smolker & Bolves). On February 24, 2015, the Board of County Commissioners amended
the Agreements by extending the terms of service an additional two (2) years to April 23, 2017.
The proposed Fourth Amendments extend the terms of service for these specialized legal services to April
23, 2019. After negotiations, the rates for Smolker Bartlett Loeb Hinds & Sheppard (formerly known as
Smolker Bartlett Schlosser Loeb & Hinds) have increased slightly over those previously charged. The
rates for Fixel & Willis will remain the same.
FISCAL IMPACT: There is no change in the fiscal impact portion of the Agreements.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Fourth Amendments are approved for form and legality
and require a majority vote for approval. - JAB
RECOMMENDATION: That the Board of County Commissioners (Board) approves, and authorizes its
Chairman to sign, Fourth Amendments to Agreements for Legal Services relating to Contract No. 06 -
4047 Eminent Domain Legal Services with the law firms of Fixel & Willis and Smolker Bartlett Loeb
Hinds & Sheppard (formerly known as Smolker Bartlett Schlosser Loeb & Hinds) extending the
expiration dates to April 22, 2019.
PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney
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ATTACHMENT(S)
1. Fourth Amendment to Agreement - Fixel Willis - (PDF)
2. Fourth Amendment to Agreement - Smolker Bartlett (PDF)
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.15
Doc ID: 2684
Item Summary: Recommendation to approve Fourth Amendments to Agreements for Legal
Services relating to Contract No. 06-4047 Eminent Domain Legal Services with the law firms of Fixel &
Willis and Smolker Bartlett Loeb Hinds & Sheppard (formerly known as Smolker Bartlett Schlosser Loeb
& Hinds) extending the expiration dates to April 22, 2019 and to increase the hourly rates of Smolker
Bartlett Loeb Hinds & Sheppard. There is no new fiscal impact associated with these Amendments.
Meeting Date: 02/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/02/2017 11:18 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/02/2017 11:18 AM
Approved By:
Review:
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/02/2017 11:54 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/02/2017 12:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/02/2017 12:57 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/02/2017 4:51 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 11:51 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
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FOTIRTH AIYIENDMENT TO AGREEMEI\T FOR LEGAL SERVICES
THIS FOURT}I AIVIENDMET.IT TO AGREEMENT FOR LEGAL SERVICES tO
Contact No. 064047 Eminelrt Domain l,egal Senrioes is entcred into on thc below date by
Collier County, Florida, a political zubdivision of the State of Florida, through its Boad of
County Commissionerq hereinafter refened to as the 'County" and Fixcl & Willis, 2ll S.
Gadsden Sbeet, Tallahassee, Florida 32301(hereinafter refened to as *Counsel').
WITNESSETH
WHEREAS, on April 24,2N7, the County and Counsel entered into an Agreement (the*Agreemenf) wherein the Cotrnty agtreed to retain Counsel to provide profesional specialized
legal services in connestion with the acquisition of real prcperty through eminent domain
prcceedings; and
WHEREAS, the professional services to be rcndered as specified in paragraph 13 of the
Agreement is for a two (2) year terur wittr two (2) additional rcnewal terms of one year per each
term; and
WHEREAS, on January 25,2011, the Board of County Commissioners amended the
Agrcement in order to ortend the term of service to April 23, 2013; and
WHEREAS, on January 22,2013, the Board of County Commissioners amended the
Agreement in order to extend the terms of service to April 22,2015; and
WHEREAS, on Febnrary ll, 2014, the Board of County Commissioners entered into an
Asstmption Agreernent with Fixel & Willis (formerly known as Fixel, Maguire & \Millis); and
WHEREAS, on Febnrary 24,2015, the Board of County Commissioners amended the
Agreement in onder to extend the terms of service to April 22,2017. arld-
WHEREAS, the parties wish to firther amend the Agreement by extending the term of
service, at the existing rates, an additionat truo (2) years conrmencing on April 23,2019,
NOW, TIIEREFORE in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to arnend tlre Agreement as set forth below.
l. Paragraph 13 ofthe Agreement is hereby amended as follows:
13. Unless terminated pursuaot to Section ll, this Agreement shall be
extended at the cur€nt rate of compensation for an additional rcrm oftrro (2)
yeanl oornmencing on April 23,2017 and terminating on April 22,2A19.
2. Except as modified by this fourth Amendmen! all other t€rrrs and conditions of
the Agreement strall remain in full force and effect. If tlrere is a conflict betwoen the
[04-coA-0r $ar3,4ozgltl
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Packet Pg. 1618 Attachment: Fourth Amendment to Agreement - Fixel Willis - (2684 : Amendment to Agreement - Fixel & Willis and Smolker Bartlett)
terms of this fourth Amendment and the Agreement, the terms of this fourth Amendment
shall prevail.
IN WITNESS WHEREOF, the parties have executed this fourth Amendment to
Agreement for Legal Services on this day of February, 2017, with the intention to attach
this founh Amendment to the original Agreement.
AS TO THE COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County
AS TO COUNSEL:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
PENNY TAYLOR, CHAIRMAN
Fixel &
Title: ?.^tn,tr
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Packet Pg. 1619 Attachment: Fourth Amendment to Agreement - Fixel Willis - (2684 : Amendment to Agreement - Fixel & Willis and Smolker Bartlett)
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FORTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
THIS FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to
Contract No. 06-4047 Eminent Domain Legal Services 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, hereinaller referred to as the "County''and Smolker Bartlett Loeb Hinds
& Sheppard f/lc/a Smolker Bartlett Schlosser Loeb & Hinds, 100 North Tampa Street, Suite
2050, Tampa, Florida 33602 (hereinafter ref-erred to as "Counsel").
WITNESSETH
WHEREAS, on April 24,2007, the County and Counsel entered into an Agreernent (the
"Agreement") wherein the County agreed to retain Counsel to provide professional specialized
legal services in connection with the acquisition of real property through eminent domain
proceedings; and
WHEREAS, the professional services to be rendered as specified in paragraph 13 of the
Agreement is for a two (2) year term with two (2) additional renewal terms of one year per each
term; and
WHEREAS, on January 25, 2011, the Board of County Commissioners amended the
Agreement in order to extend the term of service to April 23,2013: and
WHEREAS, on January 22, 2013, the Board of County Commissioners amended the
Agreement in order to extend the tenn of service to April 22,2015:
WHEREAS, on April 26,2013, the Board of County Commissioners entered into an
Assumption Agreement with Smolker Bartlett Schlosser Loeb & Hinds, P.A. (formerly known as
Bricklernyer, Smolker & Bolves, P.A.); and
WHEREAS, on February 24'2015, the Board of County Commissioners amended the
Agreement in order to extend the term, of services to April 22,2017, and
WHEREAS, after negotiations, Counsel's rates have increased over those previously
charged in the prior contract amendment; and
WHEREAS the parties wish to turther amend the Agreanent by extending the term of the
service an additional two (2) years commencing on April 23,2017.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreernent as set forth below.
I . Paragraph l3 of the Agreement is hereby amended as follows:
13. Unless terminated pursuant to Section 11, this Agreement shall be
extended at the cunent rate of compensation for an additional term of two (2)
years commencing on April 23,2017 and tenninating on April 22,2019.
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Packet Pg. 1638 Attachment: Fourth Amendment to Agreement - Smolker Bartlett (2684 : Amendment to Agreement - Fixel & Willis and Smolker Bartlett)
2. Paragraph 2 of the Agreement is hereby amended as follows:
2. For all land acquisition and eminent domain work performed by
Counsel, the Board, through the Office of the County Attorney or the
County's Transportation Division, agrees to pay counsel as compensation for
legal services at Counsel's rate of $300.00 per hour for all work. Counsel
shall be compensated at $150.00 per hour for paralegals providing services
hereunder.
3. 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 Fourth Amendment and the Agreanent, the terms of this Fourth
Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to
Agreement for Legal Services on this _ day of February, 2017 , with the intention to attach
this Fourth Amendhent to the original Ag.eern"rt.
AS TO THE COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNry, FLORIDA
By:
PENNY TAYLOR, CHAIRMAN
By:
, Deputy Clerk
AS TO COUNSEL:
j-.:,.....i11,i. l-l' , ..i
Smolker Bartlett Loeb Hinds & Sheppard
f/k/a Smolker Bardfu Schlosser Loeb & Hinds
,.,_._ ,/,I,.j c-,
BY: ,"' l/ '
Na
ritle: *\p.-d,ro\[..
First Witness
Jo, J turt'/, /*
Approved as to form and legality:
Assi stant County Attorn-y
Type/print witness name
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Packet Pg. 1639 Attachment: Fourth Amendment to Agreement - Smolker Bartlett (2684 : Amendment to Agreement - Fixel & Willis and Smolker Bartlett)
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