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Backup Documents 01/22/2013 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP' 6K 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office � '� \\? 7\\. 4. BCC Office Board of County Commissioners fr li 3 5. Minutes and Records Clerk of Court's Office -PON 128ir(3 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 R.Teach,Deputy County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 1/22/13 Agenda Item Number 16 V Approved by the BCC v Type of Document Amendments to Agreements Number of Original 2(one for each) Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. TJ A 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 - n by the Office of the County Attorney. *1 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board TzoiA 5. The Chairman's signature line date has been entered as the date of BCC approval of the 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 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Q Some documents are time sensitive and require forwarding to Tallahassee within a certain 15�► i time frame or the BCC's actions are nullified. Be aware of yo eadlines! 8. The document was approved by the BCC on 1/22/13 (enter date)and all changes made during the meeting have been incorporated in the attached document. _A The County Attorney's Office has reviewed the changes,if applicable. 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 read 'or the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05, '-vised 2.24.05;Revise. /30/12 16K 1 MEMORANDUM Date: January 29, 2013 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment to Agreement for Legal Services w/Fixel, Maguire & Willis Attached for your records is one (1) copy of the document referenced above, (Agenda Item #16K1) approved by the Board of County Commissioners on Tuesday, January 22, 2013. A Certified copy has been sent to Fixel, Maguire & Willis by our office. An original has been kept by the Minutes and Records Department as part of the Boards Official Records. If you have any questions feel free to contact me at 252-7240. Thank you 16K 1 MEMORANDUM Date: January 29, 2013 To: Craig Willis, Esq. Fixel, Maguire & Willis, P.A. From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Second Amendment to Agreement for Legal Services Fixel, Maguire & Willis, P.A. Attached for your records, please find a certified copy of the document referenced above, adopted by the Board of County Commissioners Tuesday, January 22, 2012. If you have any questions, please feel free to contact me at (239) 252-7240. Thank you. Attachment 16K 1 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 23,2041 2013 and terminating on April 22,2013 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 Z.Zr\k day of January, 2013, with the intention to attach this Second Amendment to the original Agreement. 1 161< 1 AS TO THE COUNTY: ATTEST BOARD OF C O UNTY COMMISSIONERS DWIG4T E.BRQCK;_Clerk COLLIER 0 TN Y, L' 'IDA Let: 4* J i By -✓ - . By ., I ut y Clerk p �' GEOR VA A. HILLER, ESQ. , CHAIRWOMAN Attest;c 3-to-0o 47: Approved as to form and le ufficien cott R. Teach Deputy County Attorney AS TO COUNSEL: Fixel, Maguire & Willis I, kOJC\JA.W.I---U\A-12.11- BY' /i�4.��- First Witne Na -: Craig Wi lis, Esq. " `CQR .Fe.,cre \ Title: ?A KTNER Type/print withess name 'I Second Witness 31,l e_ L . Ci 1bqY*- Type/print witness name 2 16K 1 Contract 06-4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES '4 THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 27tfi j day of Fbary, 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. 16K 1 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 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. 2 16K 1 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 policy(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 ContractorNendor/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 ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other 3 16K 1 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 16K 1 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: (r4- O BOARD OF COUNTY COMMISSIONERS OF ATTEST . COLLIER COUNTY, FLORIDA DWI HT '° IkdC'I, Clerk .40e bt,o _ �.0 .. By r_Zi.�ts..--/ it OW, s James o etta, airman W S ' (1) Fixel, Maguire &Willis Signature / das,s - Printed/Typed Name "► (2) -44., 414 os n z Printed/Typed Name Approved as to form and legal sufficiency: Jennifer A. Belp i Assistant County Attorney 5 05/25/2007 13:24 FAX 850 224 6413 JOE wILLIAMSON STATE FARM 1611(01/00421P CERTIFICATE OF DATE ryMOOlY,nn� LIABILITY INSURANCE 05/25/2006 MATE 18 ISSUEd AS MATTER OP INFORMATION Ja n ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 17 $N11&A LLE ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TALLAHASSEE, FL 32303 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ® _ _ _ _ INSURERS AFFORDING COVERAGE NAIL s INSURED ^^ .. .- wSURERw State Farm Florida Insurance Company 10739 FIXES, MAQUIRL, 6 WILLIS 211 S GADSDEN ST INSURERa State Farm Fire and casualty Company 25113 TALLAHASSEE, FL 32301 INSURER C: _ INSURER r INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERICO INDICATED.NOTWITHSTANDING ANY REOUREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH _ AGGREGATE UNITS SHOWN MAY HAVE BeeN REDUCED BY PAID CLAIMS, _ (LIR PIBID TYPO OP INSURANCE POLICY NUMBER DATE( DATE INMIOGIYYI LSAT$ A X .2 a.minim 98-PT-9493-5 B 05/15/0 05/15/07 mamogaser_____L71000,000 COI IERC AI.GEN9641ABILMY PREMISES(Es 0c0UPTIO ) I !CLAM MIADE LI occi.R MED MCP(Aryans pram) $ PERSONA.L ADM N4URY II GENERAL AGGREGATE $ 2,000,000 GMAp011EG(��UEIMTAPRESPEN PRODUCTS.CpaI►oPFOS $ I POLICY I I rim AUTOMOSILEUABITTY 98-RT-9493-5 13 05/15/06 05/15/07 caI . NOIyeII s 1,000,000 ANY —_ •-•—_ AU.OWNED AUTOS BODILY INJURY ` SCHEDULED AUTOS (PirvPaon) A x x HsIED Amos GODLY INJURY S (Pm WON A X X NON-OWNED AUTOS h PROPERTY DAMAGE s rat sodding LIAEB.ITY AViD ONLY-EA ACCIDENT s AUTO OTHER THAN EA ACC $ 1 — I -. AUTO ONLY; AGO $ _ , MERELLA LIAIILRY EACH OCCUNRENCE $ OCCUR Cl CLAIMS MADE AGGREGATE 1 s RDEDUCTIBLE $ RETENTION $ 6 B aIV ENSC } ,COMPENSATION 9U-TG-9296-3 F 06/23/06 06/23/08 y +pq- ANYPROPRBTOMPARTHERIEXrCmWE E•L EACH ACCIDENT $ 500,000 OFFICERNEMNBFJR EXCLUDED? �pp ELL cap=•LA EMPLOVEE s 500,000 aov osts Woe EL DISEASE-Popov DIET $ 500.000 OTHER DESCRIPTION OF oPEEATTDNS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY e►iooasEMENr,SPECIAL PROVISIONS 211 9 GADSDEN ST TALLAHASSEE, FL 32301 1010 EXECUTIVE CTR DR STE 121 ORLANDO, FL 32803 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY GOVERNMENT SHOULD ANY OF THE ABOVE DEBaeBED • -= - • . •- ,• BORE 7IIB EXPIRATION ATTN: DIANA DELEON DATE THEREOF,THE ISSUING INSURER • • DEA • •MAIL � DAYS MUTTON BOARD OF COUNTY COMMISSIONERS NOTICE TO THE OaRTpIOATE • • , ( NO •THE L ,SUT FAILURE TO DO SO SHALL 3301. TAMIAMI TRAIL IMPOSE NO OBUIEATION OR LMAEI OF AN M • -• THE NEUNEN.MI AGENTS OR NAPLES, FL 34112 REPRESENTATIVES. :.., ' . ,. --r-•_--T -AlMS 't r• JOE WILLIAMSON ACOII4D O23 19-2007 The tegktradon notices indicate°wnersnip of 11$MANN by theft respeaive Mews , • -DZ$RKIR SON DBb Or 16K 1. 05/25/2007 13:25 FAX B50 224 6413 JOE WILLIAMSON STATEFARM IQi002/002 STAII PALM I NIYIANCI IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WANED, subject to the terms and 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 constitute a contract between the issuing insurer(s), authorized 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. ACORD 25(2001108) 16K . 1 FIXEL & MAGUIRE Fax:8506819017 May 24 2007 13:52 P.02 Rogers Gunter Vau Tv:FIxe1,Maguire A Wes Me:5/22P2007 01:12 PM Page•4 Of a Fr3m:Manuals Stokes At R@VI FaxID;Rag 91in DATE IEEIIDiltni AWN,. CERTIFICATE OF LIABILITY INSURANCE rimy s/22/o1 PROOUTalt ��- TI�ZERTIFICAT ISSUE A MA TTER OP INFO N Rogers, Gunter, Vaughn ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance, Ise. HOLDER.THIS CERTIFICATE DOER NOT AMMO.EXTEND OR 1117 Thomasville ltd. ALTER THR COVERAGE AFFORDED ISM THE POLICIES BELOW Tallahassee FL 32303 * Phene:8SO-388-1171 Tax:850-385-9827 • INSURERS AFFORDING COVERAGE sMORRO INSLRERA _XL specialty Insurance WPM B: l1x1ei, � i a i Wiillis Ha e: Tallahassee ha _ea Ft 5130!reet INOURGRO' . INSURER E. ---, ..-----. COVERAGES -�- Re POLICPEa OP MIURANCE LIEYED ECL OYJ wag FEIN ISSUED To THE INWIED NNACD AaOVE FDR 1-c POLCY PERIOD INDICATED.NOTWITHSTANDING ANY REQJREMENT,TERM DR CONDITION Or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CSRRFICATE WAY FE ISSUED OR %t Y PERTAIN.TS INSLRANCE WIIORDI D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALONE 1r04,=LIMNS AND CONDrOH4 or SUCH pcI IC M.AGORESATI LIMITS SnowN MAY HAVE BEEN REDUCED BY PAID wan. i�tly POLICY M1MM0! �'v'11 JyW. W'A . -? ;_ ).• LIEME EBI.E - OP W £O1 OCCURRENCE $ GENERAL war( i CO MAERC W,GENERAL LV8ILITV P IMF aM perm) $ OLAMS MADE DcaAz P.RSOLIAL a ADV IN,AxTV s ENERALAGGREGATE i calvL,IrroREwTTL uTArt iwF�LI^la'�Pla RODUCTS.CDAEYOP AGO i POLICY n _I 1 LOC AUTOMOBILE LIAILIiY ONE ?MOLE LIMIT i ANY NJT0 ALI.CANNEL AUTOS ODILY PLLRY p III BCHEpuLED AUTOS HIREDAJTOE COaLY INAAW i ■NONOTMIEDAIROS Por eu,d*D i ONLW111 AJIO ONLY-EAACCIEDA4,AC C p ANY AUTO p AUTO ONLY. *Go i lACFIOCC.. GE p .EX EEEILINEMELLA LIAI LRY OCCI.A E CLAIMS MADE AGGREGATE 1 p $ CEDUCTIBLa i NETENtIO$ I i $ 17.-Ya:r � R+ Mod=COMPENSATION AND BOLOYearLMOLRY EL.EACH ACCICeir i ANY PROPRIEYORIPARTNENEX[CUTIVE E.L.DISEASE•EA EMPLOYEE $ OFFICER/NEWER EXCLUDED/ gaitateclre wn.+ E L.OISCAEE•POLICY LIMIT $ omH€R A Professional }=412 85017E2 01/01/07 01/01/08 Soh Claim 1000000 .1.Z - .te 1000000- Liabilit _ M, _ DWG- OF,---r r. � SIlXC .,-. _ .• _ fax 239-782.0844 • CERTIFICATE HOLDER CANCELLATION COX.L$R P (MOULD ANY 0?115 ABOVE DESORIMID POLICIES GE CANCELLED WORE THE EXPIRATION DATE I1- BOP.THE K=ENO INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRRTPN Collier County Government Nano!TO ME CERTMEATI MOLDER NAMED TO'ME LEPT.KIT'ALUM/To DO e0 MULL Attn: Diana Ammon woes NO oELIOAlION OR LIABLITY Of AIM KM)YPONI1e MUM.MI AGwni OR 3801 6 Tamiami frail REPR�+TA1�s etiiples >R'=+ 34118 Il\ 1GL"A.45%. e) oUt b e.IUP OACORD CORPORATION 105$ •ACORD xs(200110 FIXEL 8. MAGUIRE Fax:8506819017 May 24 2007 13:52 P.03 Maguire&Alike Date;51111a r o1:1''4 h'M regal.a wu Frpm;Manuda stokes At R3V1 FaxIQ Rogers t3Yntar Vaughn To:t'btel, 0 16K IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and 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 constitute a contract between the issuing insurer(s),authorized 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. Scotto 25(2001105) 16K 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 23,2011. 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, 2011 and terminating on April 22. 2013. This-Agr-eement - • - - - _ - - - • - = Agfeement. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on this t 5 day of January, 2011, with the intention to attach this Amendment to the original Agreement. • • 1 16K 1• ATTEST: - 3. in. � BOARD OF COUNTY COMMISSIONERS 53. DWIGHT n.tai5Clef clerk COLLIER COUNTY, FLORIDA 4... '(*t‘ ; /:; 'f'A • `-),L,,k_ w. - BY .. ._ .g . By: ':. •eputy Clerk FRED W. COYLE,Chairman Attlst(1K. �. �.. APget' to and leg s ciency. S R. Teach L_ . . Deputy County Attorney Fixel,Maguire& Willis Counsel • Mast Witness N.N• l rai 'His, Es . N/N1 S. i H/9R,P� g Type/print witness name Second itness 1* r Type/print w tness name • • 2 16K 1 MEMORANDUM Date: January 29, 2013 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment to Agreement for Legal Services w/Bricklemyer, Smolker & Bolves, P.A. Attached for your records is one (1) copy of the document referenced above, (Agenda Item #16K1) approved by the Board of County Commissioners on Tuesday, January 22, 2013. A Certified copy has been sent to Bricklemyer, Smolker & Bolves, P.A. by our office. An original has been kept by the Minutes and Records Department as part of the Boards Official Records. If you have any questions feel free to contact me at 252-7240. Thank you 16K 1 MEMORANDUM Date: January 29, 2013 To: Jeffrey Hinds, Esq. Bricklemyer, Smolker & Bolves, P.A. From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Second Amendment to Agreement for Legal Services Bricklemyer, Smolker & Bolves, P.A. Attached for your records, please find a certified copy of the document referenced above, adopted by the Board of County Commissioners Tuesday, January 22, 2012. If you have any questions, please feel free to contact me at (239) 252-7240. Thank you. Attachment 16K 1 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 Bricklemyer, Smolker & Bolves, 500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602 (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, after negotiations, Bricklemyer, Smolker & Bolves rates have increased slightly over those previously charged in the prior contract. The proposed agreement also continues to provide for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes. 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 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 $200.00 $225.00 per hour for all trial work and $200.00 $225.00 per hour for all non-trial work. Counsel shall be compensated at$90.00$115.00 per hour for paralegals providing services hereunder. 2. Paragraph 13 of the Agreement is hereby amended as follows: 16K 1 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, 2014 2013 and terminating on April 22, 2013 2015. 3. 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 V,� • day of January, 2013, with the intention to attach this Second Amendment to the original Agreement. AS TO THE COUNTY: • n ATTES_ _ BOA' r OF COUNTY COMMISSIONERS DWIGHTT BROOK,Clerk COL E'4 C(i T , ORIDA Deputy Clerk G • s A A.HILLER, ESQ. , CHAIRWOMAN Attest A% tof Chas Ok 14n ;.w a )f A..r, ed as to fo a d le_al suff '•n : Scott R. Teach Deputy County Attorney AS TO COUNSEL: Bricklemyer, lker& Bolves a By: t • Witness Na •-: Jeffrey L. rods, Esq. Nia J 1LZ # Title: � � 01 1{r TypeG�rint witness name sz,„ Sec nd Witness • pekes- L. Sma bA Type/print witness name 2 16K 1 Contract 06-4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 2,7th /April day of Fe uieiy, 2007, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the law firm of Bricklemyer, Smolker & Bolves, 500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602, (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 $200.00 per hour for all trial work and $200.00 per hour for non-trial work. Counsel shall be compensated at$90.00 per hour for paralegals providing services hereunder. 16K 1 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; 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 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. 2 161( 1 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 policy(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 ContractorNendor/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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other 3 16K 1 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 16K 1 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 0/,6-9-P1 BOARD OF COUNTY COMMISSIONERS OF ATTEST• COLLIER COUNTY, FLORIDA DWII3HT E ,BROCK, Clerk /11, ..►/i it/ g ; , A _ , • c By: "-NomrAVAIVAN(''!� 4 Jame s Colette, Chairman Attest i t0., a 1 ' s WifhP oh1W ' / ■ 1 ‘ c'f(1) IA„ A 'A Bricklemyer, Smolker& Bolves Signature W 1)gbret tcd-ktIv - ' - --' -I-. Printed/Typed Name By: 'i.G...4 ,,/ves , i6 (2) .,---L-___/t'"- 1--- ------ /6-,5 17 4,�`e r 1 9Ad-G Z Printed/Typed Name Approved as to form and legal sufficiency: Jenfer A. Belp i Assistant County Atto ney s 16K 1 luiChubb Group of Insurance Companies CHUBB PRO LAWYERS Warren, New Jersey 07059 PROFESSIONAL LIABILITY DECLARATIONS FEDERAL INSURANCE COMPANY A stock insurance company, incorporated under the laws of Indiana,herein called the Company Capital Center.251 North Illinois,Suite 1100 Indianapolis, IN 46204-1927 Policy Number:6801-2942 NOTICE: THIS IS A CLAIMS MADE POLICY, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD," OR ANY EXTENDED REPORTING PERIOD. THE LIMIT CF LIABILITY TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED BY "DEFENSE COSTS," AND"DEFENSE COSTS"WILL BE APPLIED AGAINST THE RETENTION AMOUNT. IN NO EVENT WILL THE COMPANY BE LIABLE FOR "DEFENSE COSTS" OR THE AMOUNT OF ANY JUDGMENT CR SETTLEMENT IN EXCESS OF THE APPLICABLE LIMIT OF LIABILITY. THE COVERAGE AFFORDED UNDER THIS POLICY DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. READ THE ENTIRE POLICY CAREFULLY. ITEM 1. FIRM-NAME AND ADDRESS: Bricklemyer, Smolker&Solves, P.A. 500 East Kennedy Blvd. Suite 200 Tampa, FL 33602 ITEM 2. PREDECESSOR FIRMS) -NAME AND ADDRESS: N/A ITEM 3. POLICY PERIOD: (A) Inception Date:August 1,2006 (B) Expiration Date:August 1,2007 at 12:01 a.m. both dates at the Address in ITEM 1. ITEM 4. LIMITS OF LIABILITY(inclusive of Defense Costs): (A)$ 3,000,000.00 maximum limit of liability each Claim (B)$ 7,500.00 maximum aggregate limit of liability under this Policy for all disciplinary and grievance proceedings (C)$ 3,000,000.00 maximum aggregate limit of liability under this Policy for all Claims. ITEM 5. RETENTION AMOUNT: $50,000.00 each Claim or Related Claims. ITEM 6. EXTENDED REPORTING PERIOD: (A) Additional Period (B) Additional Premium .1 Year 150%of Annual Premium 2 Year N/A%of Annual Premium 3 Year N/A%of Annual Premium ITEM 7. PENDING OR PRIOR DATE: N/A,at 12:01 a.m.at the Address in ITEM 1. ITEM 8. PREMIUM: 14-02-9303(Ed.04/2004) Page 1 of 14 16K 1 CHUBB PRO LAWYERS PROFESSIONAL LIABILITY These Declarations, the completed signed Application and this Policy with Endorsements shall constitute the contract between the Insured and the Company. in witness whereof,the Company issuing this Policy has caused this Policy to be signed by its authorized officers,but it shall not be valid unless also signed by a duly authorized representative of the Company. FEDERAL INSURANCE COMPANY ).-eAfavle404i 460- 1AdiCg -A7124(:) Secretary President 07/28/06 r Date duitottdepresen Uve 14-02-9303(Ed. 04/2004) Page 2 of 14 I 16K 1 Cilent#:2113 BRICSMO3 (MID DIYYYY) :- ACORD,>. CERTIFICATE OF LIABILITY INSURANCE 041DATE 18/0M7 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O.Box 22668 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa,FL 33622-2668 813 289-5200 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Indemnity Company of CT 25682 Brlcklemyer,Smolker&Bolves,P.A. INSURER B: Travelers Indemnity Company 25658 500 E.Kennedy Blvd INSURER C: Travelers Casualty and Surety Co 19038 Suite 200 INSURER D: Tampa,FL 33602 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POUCY EFFECTIVE POUCY EXPIRATION UNITS LTR_NSRI TYPE OF INSURANCE POUCYNL MBER DATE(MMIDD/YYI DATE IMMIDD/YYl A GENERAL IABII TY 68051L78705TCT07 05/01/07 05/01/08 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY \PREMISES(Esorcurtencel ,\x300,000 I CLAIMS MADE © OCCUR MED EXP(Any one person) S10,000 PERSONAL&ADV INJURY $1,000,000 —' GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE UNIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY n JET fl LOC . A AUTOMOBLE LIABILITY 68051 L78705TCT07 05/01/07 05/01/08 COMBINED SINGLE LIMIT $1,000,000 _ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ •(Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY S (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE $ .... --- (Per sodden) GARAGE UABIUTY AUTO ONLY-EA ACCIDENT S OTHERTWW EA ACC S ANY AUTO AUTO ONLY: AGG S B EXCESS/UMBRELLA UABIUTY CUP6097Y7511ND07 05/01/07 05101/08 EACH OCCURRENCE 51,000,000 • OCCUR []CLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE _S RETENTION S 5000 S WC STATU• OTH- C WORKERS COMPENSATION AND UB49L0668407 04/01/07 04/01/08 X I WCST TU. Fa EMPLOYERS'LIABILITY \' EL.EACH ACCIDENT 51,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.LDISF.ASE-EAEMPLOYEE 51,000,000 ;Pratdescribe under E.L.DISEASE•POLICY LIMB 51,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: RFP 06-4047 Eminent Domain Legal Services Certificate Holder is additional insured as respects to the General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4n DAYS WRITTEN Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Naples,FL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. A ORRED REPRESS ATIVE en 0t ACORD 25(2001108)1 of 2 #S142604/M142603 LMS a ACORD CORPORATION 1988 16K 1 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and 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 constitute a contract between the issuing insurer(s), authorized 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. ACORD 255(2001108) 2 of 2 #S142604/M142603 16K 1 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 Bricklemyer, Smolker & Bolves, 500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602 (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, 2011. 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, 2011 and terminating on April 22, 2013; This-Agreement IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on this ,2S day of January, 2011, with the intention to attach this Amendment to the original Agreement. 1 16K1 .. , ATTEST; -,,,t BOARD OF COUNTY COMMISSIONERS DW,.JGHtE:BRCc1C,Clerk COLLIER COUNTY,FLORIDA B'' •J By 1L-1-1- LA) C ‘ 5t' It ,fl;; ;' t p&ty Clerk FRED W. COYLE,Chairman -` + attar's!. 4 Approved as to-form : d leg: :• ciency: / ... te f� .R. •:ch Deputy County Attorney Bricklemyer, Smolker&Bolves Counsel t d P �• By: first W ess N • e: Je' ey If ds. Esq. ( � ►,1 t_ 5' .thfe�l Title: of• o r Type/print witness xi' e 1, - i A 419*, A,,d,t, ,_,,,,..,‘„..L.....i condfrf'itnes : J. '. Bartlett Type/print tness name Title: CEO 1-Coo 2