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Agenda 02/11/2014 Item #16K4 2/11/2014 16.K.4. EXECUTIVE SUMMARY Recommendation to approve an Assumption Agreement substituting the law firm of Fixel & Willis for the law firm Fixel, Maguire & Willis in the Retention Agreement dated April 24, 2007 and amended January 25,2011 and January 22,2013. OBJECTIVE: To approve an assumption agreement with Fixel & Willis under the same terms and conditions as the previous Pixel, Maguire & Willis agreement. CONSIDERATIONS: Collier County and Fixel, Maguire & Willis entered into a Retention Agreement dated April 24, 2007. The original agreement was for a period of two years and was renewable, upon mutual consent of the parties, for two (2) additional terms of one (1)year each. On January 25, 2011, the parties entered into an Amendment to Agreement for Legal Services to extend the contract for an additional term of two (2) years commencing on April 23, 2011 and terminating on April 22, 2013. On January 22, 2013 a Second Amendment to Agreement for Legal Services was entered into by the parties to extend the contract for an additional term of two (2) years commencing on April 23, 2013 and terminating on April 22, 2015. Since the time of the latest extension, the firm of Pixel, Maguire & Willis was re-named to Pixel & Willis. It is in the best interest of the County to continue to utilize the services of the renamed firm, since the name change has no present impact on attorney representation in various ongoing matters under the existing Retention Agreement. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -ERP GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: To substitute the law firm of Fixel & Willis for the law firm of Pixel, Maguire & Willis in the Retention Agreement dated April 24, 2007 which was amended twice. PREPARED BY: Emily R. Pepin,Assistant County Attorney Attachment: Assumption Agreement with Exhibit A 04-COA-0 1 1 5 8/303 3 Packet Page-1069- 2/11/2014 16.K.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.4. Item Summary: Recommendation to approve an Assumption Agreement substituting the law firm of Fixel & Willis for the law firm Fixel, Maguire &Willis in the Retention Agreement dated April 24, 2007 and amended January 25, 2011 and January 22, 2013. Meeting Date: 2/11/2014 Prepared By Name:NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 2/5/2014 3:23:31 PM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 2/5/2014 3:23:32 PM Approved By Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/5/2014 3:39:23 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/5/2014 3:55:38 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 2/5/2014 4:10:53 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/5/2014 4:16:15 PM Packet Page-1070- 2/11/2014 16.K.4. Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 2/5/2014 4:36:18 PM Packet Page-1071- 2/11/2014 16.K.4. ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of , 2014, by and between the law firm of Pixel & Willis and Collier County, a political subdivision of the State of Florida ("County"). WHEREAS, on April 24, 2007, the Collier County Board of County Commissioners entered into an Agreement for Legal Services with Fixel, Maguire & Willis, which was later amended twice to extend the term of the agreement to April 22, 2015 (together attached hereto as Exhibit A, and hereinafter referred to as the"Agreement"); and WHEREAS, Fixel, Maguire & Willis has been re-named to Fixel & Willis; and WHEREAS. the parties wish to have the law firm of Fixel & Willis to formally assume the rights and obligations under the Agreement, effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. The law firm of Fixel & Willis accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, as amended, including all existing and future obligations to perform under the Agreement. 2. The law firm of Pixel & Willis will promptly deliver to County evidence of insurance consistent with Article 6 of the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement, as amended, are contemplated by the parties. 4. Notice required under the Agreement to be sent to Contractor shall be directed to: CONTRACTOR: Fixel & Willis 211 S. Gadsden Street Tallahassee, Florida 32301 5. The County hereby consents to the law firm of Pixel & Willis assumption of the Agreement, as amended. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat the law firm of Fixel & Willis as the Contractor for all purposes under the Agreement. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement, effective as of the date first above written. 1 Packet Page-1072- 2/11/2014 16.K.4. FOR COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Tom Henning, Chairman Approved as to form and legality By: Emily R. Pepin Assistant County Attorney FOR THE LAW FIRM OF FIXEL & WILLIS WITNESSES: By: Craig Willis, Esq. Title: Print Name Date: Print Name 2 Packet Page-1073- 2/11/2014 16.K.4. EXHIBIT A SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS SECOND 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, hereinafter referred to as the "County" and Fixel,Maguire& Willis, 211 S. Gadsden Street, Tallahassee, Florida 32301 (hereinafter referred to as"Counsel"). WITNESSETH WHEREAS, on April 24, 2007, the County and Counsel entered into an Agreement (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, the parties wish to further amend the Agreement by extending the term of service, at the existing rates, an additional two(2) years commencing on April 23, 2013. NOW. THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the Agreement as set forth below. 1. Paragraph 13 of the Agreement is hereby amended as follows: 13. Unless terminated pursuant to Section 11, this Agreement shall be extended at the current rate of compensation for an additional term of two (2) years commencing on April 23,2044 2013 and terminating on April 22,2-044 2015. 2. 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 Second Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement for Legal Services on this c.\..day of January, 2013, with the intention to attach this Second Amendment to the original Agreement. Packet Page-1074- 2/11/2014 16.K.4. AS TO THE COUNTY: A I 1ST ; 2.." ' :-, BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,.Clerk COLLIER 0 , Y, L 0 • IDA . t / r s--4. 1 , ,.; 0 ,^ '-''.1----, 9 By - - L--i— -1--„, \e2- ..\\ ' ' By: ' '.--- Deputy Clerk GEOR w A A. HILLER, ESQ. , CHAIRWOMAN Attest 'As 4 to Ct1;1034.41( '; / Approved as to form and le _5ufficienp ‘17.- t t R. Teach Deputy County Attorney AS TO COUNSEL: Fixel,Maguire & Willis 4--i—...„}„ti.._ By -"*"...rz..4. First Witne N. -: Craig Wi is, Esq. Title: pc --r- ER Type/print withess name 'el 1 , Second Witness Type/print witness name CE 2 Li;t111..)k ;aunty of COLLIER I HEREBY CERTIFY THAT tills Is 8 true an :c,7ret-.": copy et a 001,7.inept,prt-toe m -.:,..,..,.:., lt''1TFr....4 t#:1CAttp.6:31'64'. 9tiler Countf )v.::: mv na.0-ari'dfitrp81.-t88i 048 :-..- - Q. GOV iy. Packet Page -1075- 2/11/2014 16.K.4. Contract 06-4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES THiS AGREEMENT fi �EEMENT FOR LEGAL SERVICES made and entered into this 27l day of F� ary� 2007, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the law firm of Fixel, Maguire & Willis, 211 S. Gadsden Street, Tallahassee, Florida 32301, (hereinafter referred to as "Counsel"). WITNESSETH: WHEREAS, Counsel has special expertise and resources in the acquisition of property through eminent domain proceedings; and WHEREAS, the Board from time to time has a requirement and need for legal services which are particularly within the expertise of Counsel; and NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties mutually agree as follows: 1. Counsel agrees to render legal services to the County for work relating to the County's acquisition of property including eminent domain proceedings that may be assigned to Counsel from time to time by and through the County Attorney's Office. 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 $250.00 per hour for all trial work and $220.00 per hour for non-trial work. Counsel shall be compensated at$65.00 per hour for paralegals providing services hereunder. I Packet Page -1076- 2/11/2014 16.K.4. ,u 3. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 4. A statement or invoice for services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall be itemized and contain, as a minimum, the following information; 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) the contract number and name, and 4) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part ViI, Florida Statutes, otherwise known as "The w Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to pay any invoice for consulting services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1%) per month compounded monthly commencing thirty (30)days after the due date. 5. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. 6. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be attached to this agreement. N. 2 Packet Page -1077- 2/11/2014 16.K.4. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such poiicy(ies). There shall be a thirty(30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other 3 Packet Page-1078- 2/11/2014 16.K.4. rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. 9. The parties hereto acknowledge and agree that through the provision of legal services to the County as contemplated by this contract, Counsel will gain knowledge and information as to existing litigation strategies, including pre-litigation planning, and may be fundamental in establishing future litigation and pre-litigation strategies for the County. The parties agree that the use of this information in the representation and defense of property owners against the County may undermine the effectiveness of such strategies and may adversely affect the County. The parties agree further that Counsel's representation of private clients against the County could disadvantage the County in future acquisitions. Counsel agrees, therefore, that while under contract with the County and for two (2) years following the expiration/termination of this Agreement, Counsel or any of its employees, associates or partners will not represent any property owners in any eminent domain actions initiated by Collier County without the County's written consent. 10. It is mutually agreed between the parties that all authorization for services shall originate with the County Attorney. 11. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to 4 i Packet Page -1079- 2/11/2014 16.K.4. terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 12. This Agreement shall be effective upon execution by the Board and Counsel. 13. Unless terminated pursuant to Section 11, this Agreement shall be for a term of two (2) years. This Agreement may be renewed for two additional terms of one (1) year per term upon written notice by County to Counsel prior to expiration of this Agreement. IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an authorized person or agent, hereunder set their hands and seals on the day and year first above written. DATED: - aegr+ BOARD OF COUNTY COMMISSIONERS OF ATTEST: COLLIER COUNTY, FLORIDA DWIGHT;E:' lkdC , Clerk By: -_rs wi►..- 'Atttitit�" tom.; � James o etta, airman WMS '1 Y- (1) 111./i4. ..4.) - Fixel, Maguire &Willis Signature V Q/eT/ems yeas S Printed/Typed Name Ail 1. 1. 1111g ' (2) -44 4v NJ:Ma t ► tai Printed/Typed Name Approved as to form and legal sufficiency: Jennifer A. Belp i Assistant County Attorney 5 ■ Packet Page -1080- 2/11/2014 16.K.4. 05/25/2007 13:24 FAX 850 224 6413 JOE WILLIAMSON STATEFARM 4001/002 I IrwpprrYYYI #_ oTa _;. CERTIFICATE OF LIABILITY INSURANCE 05/25/2006 THIS CERTIFICATE IS ISEUEa AS MATTER OP NP VD.709 in. ONLY AND QRMATION 170L��LLC ROAD HOLDER, THIS CERTIFICATE E NO RIGHTS UPON THE DOES NOT AMEND, EXTEND OR TAL BEE, FL 32303 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE MAC ii Boum PIXEL, MAQUIRE, i GILI.IS su state Pew Florida Insurance Company 10739 211 S GADSDEN 8? INSUSIAIAState rasa Fire and Casualty Cestpany 25143 TALLAHASSEE, FL 32301 mum e: tNIUr@R It OVERAGES wane E THE POLICIES OF INSURANCE LISTED BELOW MV!BEEN ISSUED TO THS INSURED NAMED MOVE FOR THE POLICY PEACO INDICATED.NOTWITHSTANDING_ ANY REOUREIIENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAN,THE INSURANCE AFFORDED BY THE POUCIUB DESCRIBED HERM IS Sum=TO AU.THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH ![ .AGORE(RATE LBWTB BMOWNMAY HAVE BEEN REOtJCE,BY PAD AEA or wet i m we TYPE tM Stetr AlS Powys/um= (7tt1T BANDOY9 DM essuc Yrn tars A X , NBRALt3AEE1rn 98-PT-an-5 B 05/15/O 05/15/07 1 000,000 cm& MISS Ma 55A5MANO I -."' PlMONAL a ADV Pales' 5 DERMAL,ADOPESOTI j 2,000r000 awa OBWDATELSRAMIBHet RQ =4:0MADPAOD I PO n 7LOC _ 98-PT-9493-5 t OS/15/06 05/15/07 txrrrm+inisloLEteaR $ 1,000,000 AWN= (Sp acolriQ ALL ONMBD AUTOS BOOILT INJURY • SCHWAB)AUTOS tP�rawsat� A x x NsrEDAUTOt A X X NDrfGWNEDAuras (w I `--• PnorepMOAMAQt a (Foresworn gyiltADS UAacnr AUTO MT-EAACC/DENT .I . ANY AUTO DMA MAN IA.ACC I ALM°Calm NetEt11 LIASIL IY EACH OCtdAlIp .I COUR ED CLAMS woe ,ACQREGATC I '— I '-"DEOUCTIIN6 I PS1ENTIOM s I B N ANO PB-TG•E296-3 C O5, 3/Q5 06/23/08 Btlr Ir uAaa oOFFI R BE+t µEAC►+ACx oTT I 500,000 4416= araro. ELD*SIM-!AR►atprat $ 500,000 OTHER EL MAR•POLO/LOST : 500,000 DESCRIPTION OF O/QATtol*I LoCAnoss I VINIDLES I BYCLUIIDN$AOD5O BY emooasissatorrr spt UAs.poOVIITOSI 222 3 CADSDEN ST TALLAHASSEE, FL 32301 1010 EXECUTIVE CTR DR STE 121 ORLANDO, FL 32803 CERTIFICATE HOLDER CANCELLATION I COLLIER CO4INTY GOVERNMENT SNOWS ANT Or TI!___ Oroeep • - - • ,•Bros TI!evsArow ATTN: DIANA DELCON DAs[TNEIeDF,MS IULSOO atwRlR • ..*a. alt. MYs slums( BOARD OF COUNTY COMMISSIONERS Morns 1O TIM OOt1a46ATE • • ,SLIT MUM TO OO$0 MALL 3301 TAMIAMI TRAIL INFOS*NO DaLIDATION OR ' • • TIE wsURIK Olt*Gem OR NAPLES, FL 34112 INIFIUSENTATIVIR . ALM1 e0 1AasberAlera /'1, \•.r-•+1 , JOE WILL:AiNSON Al 76 Ia'(R,aJ 1M 1N9$traSan noSoss IndTC * GAID Dl 545 Rsi+R byII»rf resp.CTIw WHIMS _,'•••• • •-4-• pax Me 7 172.44 03-13-2007 tlpl>si AN Packet Page-1081- 2/11/2014 16.K.4. 05/25/2007 13:25 FAX 850 224 8413 JOE YILLIAMSON STATEFARN 10 002/002 s,Arr ru■ IMPORTANT if the certificate holder is an ADDITIONAL INSURED,the pdicyfies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polities n'ay require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authortzed representative or producer, and the certificate holder, nor does It affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. AGOttD 25(2OO1/05) I Packet Page-1082- • 1 2/11/2014 16.K.4. FIXEI. & MAGUIRE Fax:8506819017 May 24 2007 13:52 P.02 Rpm,Minutia Simms At ROM Farr Rogers Gums(Vaughn To;FuaL NiroS E.Wns Os*:6124/2007 01:12 PM Po9E:s a a QBp, CERTIFICATE OF LIABILITY INSURANCE � PT$ ! �QS/2=/07 ' I THIS CiTTFICATE to I$su(D A/ 14' w 1011910 Rogers, Minter. vanilla's • ONLY AND CONFESS NO MONTS UPON TIM CENTIPICATE X5turaaae, Ssa. KOLDEX.liES cwr,r,CATE DOES NOT 3N0 EXTEND 0* 1117 TAOeasvil1 a Ed. ALTER THE COYIRAOE AFFORDED ST NE POLICES MEOW Tallahsssos TL 32303 2200411130-121.1111 TaX:EE0-313-4$21 DflURERSAFFORDINOCOMRADE MACS Isatioo NMMMA XI 000141t7 222222=2 ._. Ii1AIR E: • a laa, sas2ide tW& let twat WaJiO Siloo: . TE ifal COVERAGES M POUCRE OP MEAiM1LE WED ELLW V PATE Et1N 0111.10 TO M MU=tame Awe rot it mom.Mao isocATED IOTWUIMTMCI G AM EEaIRnIi n,Team OR ccomom Of ANY CONTRACT OR OTM R OCC MEM a iw RESECT TO owOVENE atirWICATE h Y R 159650 OP MA!PERTAIN,114 PiLWAICE Woo=ay 1TE POUCIEE CAD maw 5 S.e.ECT 10 ALL TIE OW mums MD CPPTICAi Of WI PCMCE.`B.A4011COAIR LNaT$*OWN NAY NAVE WEN AGO=EY MD WM.SIP L E_Ri, ME SWUM fa1CT MOW - r rark La>79 E seam LAMM' COMMA MOW t,M8!1.ITY t44PyL�ae1 / CLAMS woe OCIIA[ EEO DP(Any rUAi 1 PEESCEAL 4 MN%.LW $ GENERAL AOOilWTE 1 ,(GEM AQOREOATE L�Wgrt,MM(L^EE�PER FTI OE=•COP'OP AGO I 1 I POLICY f I.GCT I I L,. , • r (AUI0M06AA maim aimmoo fM<L LIT • ANY ALPO y All.DINCC ALt1ta EOOE,Y KURT I 00MDuLEDNrtOS "roman) 0 NMA PTO! Ow.NESPT 1 NCTAOWNED NAM.•._-- PPOPEi?MEDAM1q[ I l SA O CCT 1T LEWIN AUTO ONLY•EA A I TNA� EA ACC 1 ji ANY AUTO OM.Y. NM E IEK LA UNMET GAGE occultism= 1 1 OCCIF 0 Omit Woe AG67tE0A1E 1 _ I CCOLCnOLE /• PL1ENntll. f _ E wowing c M14TON ANC GP_YIYgg I IVI lem.*Yiltr w9A1tY El.MOH ACCt7EVt $ AM PROASETOWPAR esvemscanw 01 KURmEMam euax.wa)> Cu.DREAM!-EA E►PLOYEE 1 WaitIg ,o,r••••• E L.D1MON•POLICY LEFT 1 0n5# A 1020tsssieDai X JP5017E2 01/01/07 01/02/00 tat Claist 1000000 Liability aaQtmats 1000000 atogarnCM Of WO001A I LOCATION!11*T t5t NEXOWttoia MOW IV 11,00M8611Ti EPCCML MO)ONTO tax 231-712-0$44 CERTIRCATi HOLDER CANCELLATION COLLIOLT s+tow:t AMT Of TIE P O N E D E M P O N E W POLiOfE IS C4Mc.i.W Wan i s switolON DAR mow,Ti woo mum MnL 004VOE TO MML 10 051$morrow Collier County OOVSSnalant Mann TO T1i OMEIEICATI EWER NAMED To M WR./UT PALM TO 00 SO SIMJ Attu: Diana DeLeon !mots NO OMJOATON OE LESLEY OP MN moo UPONM MEER RE AMR'OE 3301 E Talsiasti Trail +MEpIWYrTATtvM Naples !L 34111 11 {CLAVAN340. 6 Ibra.4414) !CORD 25(2004/01) 0 ACORb CORPORATION INN' Packet Page-1083- 2/11/2014 16.K.4. FIXEL & MAGUIRE Fax:8506819017 May 24 2007 13:52 P.03 ' srpm;Manuda Bioko*At ROVI Fuca ltoDars Ountar vauphn To:Fbal,Maguirf i wale Deft;e42l7m r u1:14►+n raw•o r.+ IMPORTANT If the certificate holder is en ADDITIONAL INSURED,the pofioy{)es)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). It BUSROGAT ION IS WAIVED,subject to the terms end conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitutes contract between the Issuing insurer(*),authorized representative or producer,end the certificate holder,nor does ft affirmatively or negatively amend,extend or attar the*overage afforded by the policies listed thereon. AtOib 25(200142) Packet Page-1084- 2/11/2014 16.K.4. AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS 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, hereinafter referred to as the "County" and Fixel, Maguire & Willis, 211 S. Gadsden Street,Tallahassee,Florida 32301 (hereinafter referred to as"Counsel"). WITNESSETH WHEREAS, on April 24, 2007, the County and Counsel entered into an Agreement (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, the original term of the Agreement, including the renewal terms,will expire on April 23,2011;and WHEREAS,the parties wish to amend the Agreement to extend the term of service at the existing rates for providing these specialized legal services for an additional two (2) years commencing on April 23,201 I. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree to amend the Agreement as follows: 13. Unless terminated pursuant to Section 11, this Agreement shall be extended at the current rate of compensation for a an additional term of two (2) years- commencing on April 23, 201J and terminating on April 22, 2013, This-Agreenient IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on this 2.5 day of January, 2011, with the intention to attach this Amendment to the original Agreement. 1 • • Packet Page -1085- 2/11/2014 16.K.4. .a ATTEST: - ,g2 .' BOARD OF COUNTY COMMISSIONERS DWIGHT E?' OCIel'c1eik COLLIER COUNTY, FLORIDA•• „•• ' ...`; .r ; :, ,'.' •• .1 .1—t1-' (9* C) J)jk- - By .• .%' 14_ a . r By •eputy Clerk FRED W.COYLE Chairman Attest Vii[. 1 { , APP ov as ��and ]eg ciency L. S R.Teach C......._ , Deputy County Attorney Fixel,Maguire& Willis ; Counsel ' • t ,1 By. Witness N. .; ra,g Esq.S, i yARP.r Type/print witness name 1 . r A ..... , ( l Second . itness A r Type/print w mess name • • 2 Packet Page -1086-