Backup Documents 01/22/2019 Item #16K3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 K 3
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 routingzlines#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 Zisk\4,
V14/fr/ t`z4F
4. BCC Office Board of County W11-k.
Commissioners /t/ ‘V.S1Ic k
5. Minutes and Records Clerk of Court's Office 4- 1C1
�y I X31 i° U
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PRIMARY CONTACT INFORMATION ' J �'
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 Jeffrey A.Klatzkow/County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 1/22/19 j Agenda Item Number 16 -K•3 •V/
Approved by the BCC
Type of Document Fifth Amendment to Agreement for Legal Number of Original 1
Attached Services 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? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JAK
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/22/19 (enter date)and all changes JAK
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved b the
BCC,all changes directed by the BCC have been made,and the document is real, forth
•
Chairman's signature. Qte_Irt
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis'. •.. ;Revised 11/30/12
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MEMORANDUM
Date: January 23, 2019
Cc: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: 5th Amendment to Agreement for Legal Services — Fixel & Willis
Attached is a copy of the document as referenced above, (Item #16K3) approved by the
Board of County Commissioners on Tuesday, January 22, 2019.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
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FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
THIS FIFTH 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 & 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,this Agreement has been amended and extended as set forth in the four prior
amendments to this Agreement;and
WHEREAS, the parties wish to further amend the Agreement by extending the term of
service,at the existing rates, for an additional two(2)years to April 23,2021.
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 23,2019 and terminating on April 22,2021.
2. Except as modified by this Fifth 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 Fifth Amendment and the Agreement, the terms of this Fifth Amendment shall
prevail.
Remainder of Page Intentionally Left Blank
Signature Page to Follow
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IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to
Agreement for Legal Services on this278rk day o 2019, with the intention to attach
this Fifth Amendment to the original Agreement.
AS TO THE COUNTY:
A ITES "".`' , "f .s BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.IK IMZFI Clerk COLLIER COU'•" ' - ,ORIDA
Of to
, '::Ilb 0 9. k By 6e). rr:
:��itti a-C Matt►Clerk . L. McDaniT., l:
/
5€ ?atUf; 014y. •
j Chairman
Approve, a• ►T,, and leality:
1 ; , -i r
1 I
Jeffrey A.`1Claltt ow, County Attorney
i,, 44
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AS TO COUN`"_,I.:
Fixel & Willis
or-
4 � 1t ►�1=0) By: lilf
Fir Witness Nal : Craig Willis, Esq.
T $uuwn&`arn5
T, •e/print witness name
.Ut___ .1.,a
Second Witness
A man& R 11,0
Type/print witness name
Item# I b IC3
Agenda % ] 2 t9
Date
Date '` 2_5/tc,
Recd
Deputy Clerk
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Contract 06.404T Eminent Domain Legal Services
AGREEMENT FOR LEGAL SERVICES
•
THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 27 i joa
day of Fyt 200T, by and between the Board of County Commissioners,
(hereinafter referred to as the `Boards and/or 'County'), and the law firm of Fbrel,
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
$260.00 per hour for all trial work and $220.00 per hour for non-trial work Counsel
shall be compensated at$66.00 per hour for•paralegais providing services hereunder.
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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 ail 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 clue date.
5. Counsel shall be solely responsible to parties with whom it shall deal in
carrying out the terms of this Agreement and shell not subcontract its responsibilities to
the Board under this Agreement
8. Counsel shall carry Lawyers 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.
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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. Swipes*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' CQntosnsation: 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 Bpaulrements; Collier County shall be listed as the Certificate
Holder and Included as an Additional insures on the Comprehensive
General Liability Policy.
Current, valid insurance policy(les) meeting the requirement herein identified shall be
maintained by Counsel during the duration of this Agreement
Renewal certificate(s)shah be sent to the County thirty.(30)days prior to the expiration
date(s)on any such pollcy(les). 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
Contr actorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consukant in the performance of this Agreement This
indemnification obligation shall not be construed to negate, abridge or reduce any other
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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.
S. Counsel agrees to obtain anda for ail
P Y 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
Counsels 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 a of its
arty 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
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terminate for convenience has been given. The County reserves the right to terminate
this Agreement Immediate
IY,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: (p-:!}-sip-+ BOARD OF COUNTY COMMISSIONERS OF I
ATTEST:- ;. ,.,:1 i
r;,�!: COWER COUNTY,FLORIDA
DWIGHT ;�Rq`I clerk.
,: .. -.
1 �. ^
ames • ^:- Man
W3Ffi +'s ``
(1) _t 444.114°' Ficei Maguire&Willis
Signature
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PrintedfTyped Nar»e
By: ..k :::: .
(2) 444, vll ,, i
tYYiQ r(14-' 1
PrintedfTyped Name
Approved as to form and legal sufficiency:
••Ne s
JenniferA. Bel•:fes
Assistant County Atto ey
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•
• AMENDMENT TO AGREEMENT 7OR LEGAL SERVICES
THIS AMENDMENT TO AOREEMENT FOR LEGAL SERVICES to Contract No.06- •••
4047 Eminent Domain Legal Services is entered into on the below date by Collier
Florida, a political subdivision of the State of Florida, through its Board of �'
Commissioners, hereinafter referred to u the "County" and Fleet, Maguire & Willis, 211 Count;
• Gadsden Street,Tallahassee,Florida 32301 (hereinafter referred to as"Counsel"). ',
.
.
WITNESSETH
• • WHEREAS.on April 24,2007, the County and Counsel mitered into an Agreement(the
Alerement") 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,
•
Agreement
WHEREAS,the professional services to be rendered as specified in paragraph 13 of the •
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 Agement to extend the term of senile*at the.
• existing rates for providing these specialized legal services for an additional two
• commencing on April 23,201.1. (2) ' L
•
. . NOW,THEREFORE. in consideration of the mutual pees 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 gandtd s '
' . , subrijammilurcacsonplanom for a an additional term of two (2) years,
coma melee on mil 23,2011 and (uplifted/1g on April 22,,2013,Thia7Ag eta narn
b?-Gemety4e•Getaasehorieshie-eapitenat4iehis Arnow*
•
•
IN WITNESS WHEREOF,the parties have executed this Amendment to the Agreement
• on this L S day of January,2011,with the intention to attach this Amendment to the original
A treensemt.
•
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1 6 K 3
• ArrEsj J(•r Laic '• BORDAOF COUNTY COMMISSIONERS
' `s� ^ f; „ COLLIER COUNTY,FLORIDA
•
«.. � ' Ckr# ��FRED W COYLt;Chsinni
•
• A.— ,r,,;;,• a lifitietd ,
1 v' cleney
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• Deputy County Attorney
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. •• ' Pixel,Maguire#Willis • •
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i-"// ' Counsel•
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16K3
------"1 FIXEMAG-01 TOOONNELL
ACORO' DATERAVIE WI Y)
C...r CERTIFICATE OF LIABILITY INSURANCE 2/11/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the tonne 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 Ilsu of such andorsement(s).
FRawCER ley Dna O'Donnell
acy Insurance Solutions,LLC 860 894-2333 FAx (850)894.3129
3 Flnanclal Plaza „eattr( ) I IAMr.Not
4th Floor sa,todonnelllj)legacylnsllc.eom
Tallahassee,FL 32312.9999
w{URERI$)AFFORDING COVERAGE NAIC E
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INSURER A:The Hanover Insurance Company 22292
j INSURED INSURER er
Masi and Willis roman c
211 South Gadsden Street wpm D:
Tallahassee,FL 32301
INSURER e r
INSURER F I
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDINQ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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,
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AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTI{R TYPE Of INSURANCE itArt,yryl. POLICY mown •IMMD1,IYA{IDp7YYY1, LIMIT I
COMMERCIAL GENERAL UASIUTY EACH OCCURRENCE S
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PERSONAL f ADV INJURY —$
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(N►y4�sM,DESCRIPTION OF OPERATIONS$b, El,DISEASE•POLICY LIMIT
A Professional'Jab LHC9808984-01 t 01/01/2014 01/01/2018 Each Claim 1,000,000
A 'Professional Llab LHC9808988-01 01/0112014 01101/2019 Annual Aggregate • 2,000,000
DESCRIPTION OF OPERATIONS I LOCATION/N VEHICLE/IACCRD 151,AAYNRW Raavhs same*way V moor Mom EPEE/IE vrovin d)
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
For Insunnce Information Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCOROANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPR[UENTATWE ,
01989.2014 ACORD CORPORATION. All rights reserved.
ACORD 26(2014101) The ACORD name and logo an registered marks of ACORD
16K3
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 of
County Commissioners,hereinafter referred to as the"County"and Pixel,Maguire&Witlisa,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 I3 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 covenamn 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 23,2014 an and terminating on April 22,2414
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 thisZZr..day of January, 2013, with the Intention to attach
this Second Amendment to the original Agreement.
•
. t
I 6 K 3
AS TO THE COUNTY:
.............."*”..
• s.crof,
ATTF,.ST,ta ....... •
BOARD OF COUNTY COMMISSIONERS
pwqrrp...Nt(iCiderk COLLIER PjJ Y, • b A
.4, •;:
By; •. ;
By: .1
At4c*te.
•
• . •. ( CI k
GEORe A A. HILLER, ESQ. , CHAIRWOMAN
Lei? '94'irse41 ;3:
114A400:4:Aul.-
Approved as to form and
‘litifficiea nip )
#
con R.Te
Deputy County Attorney
AS TO COUNSEL:
Fixel,Maguire&Willis
13ya .
Witne N Craig Wi is,Esq.
1v1culdkal Fe,CCCA1 Title: Aitrrriaik
Type/print witness name
aftriti
Second Witness
ti.1%e_
Type/print witness name
slant cig ;RIM
;aunty of COLLIER
HEREBY CERTIFY THAT th4 IS IS true ant.
:orrect coo),or.a ppoti_.,itt
5oard MinutetppVi VIM;Court
NAT.z.ESS nitt# • .41"
..ArtaitY tori.
."Ii441451.1.
WIGHT E. : Qt.
)011.1 14:11111'.•
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2
16K3
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of Fel.rusr _,2014,by
and between the law firm of Fixel & Willis and Collier County, a political stbdivision 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 Fixel & 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 Fixel & 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
I6K3
FOR COLLIER COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCIC,Clerk COLLIER COUN ,FLORIDA
'0440 g4..
-7m
;• �
' , •-;r , �- 7m Henning Chairman
.116
f
Approv ,as to 6 legality
By:
?,AYA-V4-e1C2Y/1 Emily
Assistant County Attorney
FOR THE LAW FIRM OF PIXEL& WILLIS
WITNESS
4 �
By:
g Willis, q,
.111J thLf&1Y1 Title: t—c,-%'�.4 cr
Pri Nam
Date: 'Fe :Z 0 Pi
Print Name
2
16K .3
FOR COLLIER COUNTY;
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER CO ,FLORIDA
Olin() Dc
..',77 '•� m Henning,Chairman
gnata 1
Approv ag,to. inn legality
By:
Emily R?Attle-e/f2Ath
.
Assistant County Attorney
FOR THE LAW FIRM OF FIXEL&WILLIS
WITNESSE •
a By: '
:'Willis, q,
(, L iU1ThLfS4() Title: 1�c.-�`�,�+t�•
Pri Nat
Let
t/7-44.4ilal Date: re `or.v.►ry ` A 0 19
Print Name r
2
1 6 K 3
THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
THIS THIRD 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 & 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, 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 February 11, 2014,the Board of County Commissioners entered into an
Assumption Agreement with Fixel & Willis(formerly known as Fixel,Maguire& Willis)
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 23,2015.
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 23,2015 and terminating on April 22,2017.
2. 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 Third Amendment
shall prevail.
[04-CoA-01158/1 145770/1j 1
16K3
IN WITNESS WHEREOF, the parties have executed this Third Amendment to
Agreement for Legal Services on this244\1 day of February, 2015, with the intention to attach
this Third Amendment to the original Agreement.
AS TO THE COUNTY:
ATTEST: -$ BOARD OF COUNTY COMMISSIONERS
DWIGHTt.,BROCK,'Clerk COLLIER COUNTY,FLORIDA
""a•Ot
felt l By: /
otha pit/Clerk TIM:MANCE,CHAIRMAN
Approved as to form and legality:
Jenn er A. BelP to 19
Assistant County Attorney c:5)
AS TO COUNSEL:
Fixel& Willis
601
t6 ...4, ' ,/ By 1111°-
First Witness N. � '"'raig Will Esq.
icy Title: a.A. N e. r-
Type/print witness name
, 1 4,9 r^r4t,.
Second Witness
N re\ n -3 rJ
Type/print witness name
[04-COA-01158/1141462/1] 2
16K3
FOURTH 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, hereinafter referred to as the "County" and Fixel & 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, 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 February 11, 2014, the Board of County Commissioners entered into an
Assumption Agreement with Fixel & Willis(formerly known as Fixel, Maguire & Willis); and
WHEREAS, on February 24, 2015, the Board of County Commissioners amended the
Agreement in order to extend the terms of service to April 22,2017; 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 23,2019.
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, 2017 and terminating on April 22,2019.
2. 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
[04-00A-01158/1314029/1] 1
1 6 K 3
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'ZI-W)day of February, 2017, with the intention to attach
this fourth Amendment to the original Agreement.
AS TO THE COUNTY:
. ,
ATTEST: - BOARD OF COUNTY COMMISSIONERS
,
DWIGHT E. BROCK;Clerk COLLI R UNTY,FLORIDA
. -
i
A4**
By: -IL 1111. K-- Ala By. / /
„ ,..5
A. ttestas---to Chatmr, . ,s . De,uty Clerk, IF PENNY"'• OR, CØ1" AN
:
Onnatilre,Aoki, \
Approved as to form and legality:
IIM
Jenm er A. Belp:46$
Assistant County Attorney
AS JO COUNSEL:
Fixel & Willis
Ilk
Aile Ali
A .1111
B y: ..irefik, ,-
i t Witness Name Willis Willis Esq.
CIU U.-4AZP5d1.---Nr>/z1-14-- rz_,.. Title: c•- c....k.jci..tf—
Type/print witness,name
7
i , 11
Secon• itness
Type/print witness name
104-00A-01158/1314029/1] 2