Backup Documents 02/24/2015 Item #16K1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
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 1i5
4. BCC Office Board of County
Commissioners V\ ? \1c
5. Minutes and Records Clerk of Court's Office
\a'°\
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 Jennifer A.Belpedio/Office of the County Phone Number 252-8400
Contact/ Department Attorney
Agenda Date Item was 2/24/15 Agenda Item Number 16K
Approved by the BCC
Type of Document Agreements 'Lx,SNumber of Original 2
Attached S.,.r1O`��,— �Sl, Documents Attached erne, c:&•
PO number or account
number if document is Y'4Q.L
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? JAB
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. JAB
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 JAB
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 JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAB
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 2/24/15 (enter date)and all changes JAB N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the Q_ F N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for Q.. f an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Red d 2.24.05;Revised 11/30/12
I6r 1
MEMORANDUM
Date: February 27, 2015
To: Jennifer A. Belpedio, Assistant County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Third Amendment to Agreement for Legal Services with Smolker,
Bartlett, Schlosser, Loeb & Hinds and Fixel & Willis
Per your request attached is a copy of the document mentioned above, (Item #16K1)
approved by the Board of County Commissioners on Tuesday, February 24, 2015.
The original document is being held in the Minutes and Records Department as
part of the Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
t(
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 Smolker Bartlett Schlosser
Loeb & Hinds, 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, 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 term of service to April 22, 2015; 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, 2015.
WHEREAS, after negotiations, Counsel's rates have increased over those previously
charged in the prior contract amendment. 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.
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$225.00 $265.00 per hour for all trial work and $225.00 per
hour for all non trial work. Counsel shall be compensated at $, 0 $135.00 per
hour for paralegals providing services hereunder.
[04-COA-01158/1141480/1] 1
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2. 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.
3. 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.
IN WITNESS WHEREOF, the parties have executed this Third Amendment to
Agreement for Legal Services on this 2. 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
DWIGHT..E.PROCK, Clerk COLLIER COUNTY, FLORIDA
eftxukutcg_____ B /�/�l�tG�_
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'fist as to Chainuty Clerk "TIM NA tJCt, CHAIRMAN
Approved as to form and legality:
Jener A. Bele o
p
Assistant County Attorney pJ(y'2,LN%
10‘7
AS TO COUNSEL:
Smolker Bartle chlo :-r Loeb &Hinds
•
� By: -�-
First W ess Name: Jeffrey L. H. ds
e lie.1 Title: Say d '
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[04-COA-01158/1141480/1] 2
Deputy C e k
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By: ' t / /I ,I// i/J
tt Wit Name: Shannon Sheppa President,
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[04-COA-01158/1141480/1] 3
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Contract 06.4047 Eminent Domain Legal&vices
AGREEMENT FOR LEOALSERVICES
014
THIS►!AGREEMENT FOR LEGAL SERVICES made and entered kite this
day of Fi ery, 2007, by and between the Board of County Commissioners,
(hereinafter referred to as the *Board* and✓or 'County')., and the law firm of
Bricklemyer, Smoiker & Bolwe, 500 East Kennedy Boulevard,Suits 200, Tampa,
Florida 33602,(hereinafter referred to as"Counsel".
WITNESSETH:
WHEREAS, Counsel has special expertise and resources in the acquisition of
property through eminentdomain 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 mutuafty agree as follows;
•
1. Counsel agrees to render legal services to the County for work relating to
the County's acquisition of properly including eminent domain proceedings that may be
assigned to Counsel from time to time by and through the County Attorneys 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 sU 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.
EXHIBIT
A
CA
161( 1
3. The Board hereby agrees to reimburse Counsel for actual costs incurred
Including costs of mailing, copies, facsimiles, teiephone 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. 'Gourmets 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 shat 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.AU payments and
the resolution of any disputes regarding such are subject to and shall be processed in
accordance with Chapter 218, Part VII, Florida Statute*, otherwise known as 'The I�
Florida Prompt Payment Act' The County shall pay all invoices submitted in
accordance with the provisions of Section 120.74, Florida Statutes. if the County fails to
pay any invoice for consulting services within the time period specified In Section
210.74, Florida Statutes, Counsel shall have the right to hvoice 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.
it Counsel shall cany 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
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The Consultant shall provide Insurance as follows:
A. Commercial Gomel J;,Iabl(jty; Coverage shall have minimum limits of
$1,000,000 Per Occurrence%Combined Single.Limit for Bodily Injury Liability
and Property Damage Liabi lty. .This shall include Premises and Operations;
independent Consultants; Products and Completed Operations and
Contractual Liability.
B. $usinees Auto liability; Coverage shall have minimum limits of$500,000
Per Occurrence, Combined Single. Limit for Bodily Injury Uabilky and
Property Damage Liability. This shag include: Owned Vehicles, Hired and
Non-Owned Vehicle and Employee Non-Ownership.
C. Workers' Comeensatlon; 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 Rdaukementa: Collier County shall be listed as the Certificate
Holder and included as an M11110 aI Insured on the Comprehensive
General Liability Policy.
Current, valid insurance poiicy(ies) meeting the requirement heroin identified shall be
maintained by Counsel during the duration of this Agreement
Renewal certfficate(s)shall be sent to the County thirty(30)days prior to the expiration
date(s)on any such poll y(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 I
p oyees 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/Conauftant In the performance of this Agreement. This
Indemnification obligation shall not be construed to negate, abridge or reduce any other
3
•
rights or remedies which otherwise may be available to an indemnified party or person
described in this pph.
This section does not pertain to any incident arising from the sole negligence of •
Collier County.
8. Counsel agrees to obtain and pay for ail permit* 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 empioyed 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 wilt 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
CA
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terminate for convenience has been given. The County reserves the right to terminate
this Agreement Immediately,for oatise,upon written notice to Counsel.
;
12. This Agreement shalt be effective on 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 respective*, by en
authorizer:Iverson or agent, hereunder set their hands and seals on the day and year
first above written.,-,;, •
•
DA _Tite.-W 300, BOARD OF COUNTY COMMISSIONERS OF
ATT513t. • '• COLLIER COUNTY, FL•RIDA
DWIAHTB.MOGIC:Oterk
J4il •
ci4 By:
s') James Colette,Chairman
(1) 1.—‘.4e. Bricldernyer,Smoker&solves
Signature WI/
'-.DFrk:Typed‘ finlr.44re‘4141/ •
By: ZIA.* 06/1.4ics
Ktle/4w A,
Printed/Typed Name •
Approved as to form and legal sufficiency:
Jer1arA Be
Assistant County Att• ey
5
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Chubb areup ut Insimanas Companies CHUBB PRO'LAWYERS
15 Mountain Mr Road
. omUrafi ° PROFESSIONAL LIABILITY
DECLARATIONS FEDERAL R SUA1ANCE COMPANY
A aback kmusrm aompsry,ktcorporeisd under the
laws of IMaru.harsh oiled the Congt:y
*Obi Cantu;251 No ItMnotnr,Bute 1100
hdlsnsedd&IN 411204.1$27
Poky Number.0801-2542
NOTICE:THIS IS A CLAYS'MADE POLICY.YhBCH APPLIES ONLY TO"CLAWS" FIRST MADE DURING.
THE,"POLICY " OR ANY EXTENDED REPORTING PEWOD. THE toff Or LI 't TO PAY
DAMAGES ORS WILL S!BEDUClio AND VAT BE IMPORTED BY"Dir11ME COSTS.'
AND'DEFENSE COSTS"WILL BE APPLED AGAINST THE RETENTION AMOUNT. IN NO LNEIM'11Y .THE
COMPANY BE LIABLE.FOR"DEFENSE COSTS'OR THE AMOUNT OF ANY JUDGMENT CR IETTLaeNT
IN EXCESS OF THE APPLICABLE LIMIT OF LIADIUTY. THE • - AFFORDED UNoE TH0 POLICY
DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. READ THE ENTIRE
POLICY CAREFULLY.
ITEM 1. FIRM-NAME AND ADDRESS:
Brkidsmysr, .. . &Bohr*,P.A.
600 East Blvd.
Bulls 200
Tamps,FL 33602
ITEM 2. PREDECESSOR FIRM(B)-NMIE AND ADDRESS:
WA .
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ITEM 3. POLICY PERIOD:
(A) Inoeplibi Date:August 1,2008
•
(B) Wilton Deis:August 1,2007
t 12:01 s.m.bile dates at the Address In ITEM 1.
ITEM 4, LIMITS OF U33I ITY(Induslnra d Mines Costa):
(A)$ 3;000,000.00 msidrnum Unfit or Maly each China
(B)$ 7,500.00 maximum aggregate(lrnl d liablIty under tub PoIcy for al disciplinary and
grievance wocescinga
(C)$ 3,000.000.00 nwdmun egg lrrrlt of Peaty undartdb Poky for stamina
ITEM 0. RETENTION AMOUNT: $60,000.00 each China Mated Calms.
ITEM 5. EXTENDED REPORTING PERIOD:
(*) Addlanal Partod (B) Additional Premium
.1 Year 150%d Annual Premium
2 Year N/A%of Annual Prsnfurin
3 Yaw WA%of Mnrat Preiv m
•
ITEM 7. PENDING OR PRIOR DATE:N/A,at 12:01 s.m.at Me Address In ITEM 1.
ITEM 6. PREMIUM:
1442-9303(Ed.04:1004) Page 1 of 14
CA
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CHUBB PRO LAWYERS
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require an endorsement. A ststerridt on tie oerw ore a does not comer rights ki to collo b
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' . DISCLAIMS**
The Cordial' of kuweno*on the reverse side of thk form does hbt con oMite a=Moot between.
the Mwb+p Irreaer(e), authorta»d mpressntaew or producer,and the aertleostee hadar, nor does It
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AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES do Contract No.06-
4047 Eminent Domain Legal Services is eared into oat the below data 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 Bricklinyer, Smolke r a Solves,
500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602. (hereinafter marred to an
"Counsel").
WTTNESSETH
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 speciali
16 !Q
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ATTEST;c .1.. ROARD OF COUNTY COMMISSIONERS
DV411"TI:BR!. Oak COLLIER COUNTY,FLORIDA
•••• % :
. 0. • •- •, t-tl 19, • Cm?iik
By
clerk FRED W.COYLE,Choi
Approved u worm
I .
eionar/e
• AAPi‘
!PT,.
Deputy County Attorney
Bricidetnyer,Smoncer&Solves
Counsel
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Pak*.s. By:
irst W - N ••e: - z) •.
AN'e. 5.024d-wit Title: e
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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 Smolker Bartlett Schlosser Loeb &
Hinds, P.A. 500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602(hereinafter referred
to as"Counsel").
WITNESSETH
WHEREAS, on April 24,2007,the County entered into an agreement(the"Agreement"),
attached hereto and incorporated herein, with Bricklemyer, Smolker & Bolves to provide
professional specialized legal services in connection with the acquisition of real property through
eminent domain proceedings; and
WHEREAS, on January 25, 2011, the Board amended the Agreement with Bricklemyer
Smolker& Bolves, which amendment is attached hereto as Exhibit B, and on January 22, 2013,
the Board amended the Agreement further,which is attached hereto as Exhibit C; and
WHEREAS, on April 26, 2013, the Board approved an assumption agreement, which is
attached hereto and incorporated herein as Exhibit D, between the County and Counsel, in order
to authorize Counsel to continue the services provided in the previous Agreement under the same
terms in conditions;and
WHEREAS, the parties wish to further amend the Agreement to provide for the
authorization of reimbursement of lodging expenses not to exceed $5,000 total for the duration
of a trial stay in Collier County.
NOW, THEREFORE, in consideration of the mutual promises and covenant contained
herein the parties hereto agree to amend the Agreement as follows:
1. Paragraph 3 is hereby amended as follows:
3. The Board hereby agrees to reimburse Counsel for actual costs incurred
including costs of mailing, copies, facsimilies, 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. The Board agrees to reimburse Counsel an amount not to exceed a total of
$5,000 for lodging costs incurred for representing Collier County at each extended trial
held in Collier County.Florida.
2. Except as modified by this Amendment, all other terms and conditions of the
Agreement as amended and assumed by Counsel shall remain in full force and effect. If there is a
Page 1 of 2
l '7
I 6
conflict between the terms of this Amendment and previous versions of the Agreement, this
Amendment shall prevail.
In WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
for Legal Service on this 10th day of December, 2013, with the intention to attach this
Amendment to the Agreement.
ATTEST: BO• '40 •F COUNTY/COMMISSIONERS
DWIGHT.B,-BRO4 C,Clerk COL C FLORIDA
By: By: -
ttBSt as to Choi =Deputy Clerk Georgia A. Hiller,Esq.,Chairwoman
signat tre:ontietik'y 'Y�
Approved as t'oforinand legality:
. ,,
A�.,� A......1. '�1
Emily R. Pep A
Assistant County Attorney
Smolker, Bartlett,Schlosser,Loeb and
Hinds,P.A.
Counsel
/ ,, Q I
/491
l!r 4l&- -A �_ By
itn .ame: Jeffrey L. Hinds, 'sq.
c '\//ess * H- Title: fl;( (7 a
Type/ptint witness name
Secon 1 Witne bla«�.r r,,;,
c TS e y -la It County of COLLIER
Type/print witness name I HEREBY CERTIFY THAT,.thpS,ttsi true and
correct copy of a docunit rif on•fite in
Board Minutes and IM3cordgWfr0ollier Colt ty
WITNESS my h d6.arid D i*ial sear this
frt day of 3
IGHT E.BROCe,,,C.rERK OE•GOLf S
`v4
Page 2 of 2
(-) -
1 6 IA( 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 Bricldeniyer, Smoliter &
Solves, 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
' I
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 $.,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.proiniaes 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
$200:09$225.00 per hour for all non-trial work Counsel shall be compensated
at$90.00 S115.00 per hour for paralegals providing services hereunder.
2. Paragraph 13 of the Agreement is hereby amended as follows:
EXHIBIT
I C
• • • 161( 1
13. Unless terminated pursuant to Section 11, this Agreement shall be
extended at the current rate of compensation for an additional term of two(2)
years commencing on April 23,; a0l3 and terminating on April 22,2044
2i
3. Except as modified by this Second Amendment,all other terms and conditions of
the Agreement.shall remain in full force and effect. If there is a conflict between the
terms of this Second Amendment and the Agreement, the terms of this Second
Amendment shall prevail
• I
IN WITNESS WHEREOF, the panics have executed this Second. Amendment to
Agreement for Legal Services on this 22,araday of January, 2013, with the intention to attach
this Second Amendment to the original Agreement.
AS TO THIi.0 INTY:';
ATTF,��?,�1..�'�s�G
BO '1.0F COUNTY COMMISSIONERS
DWI4T COL cc C •RIDA
•1/21(c ■ i, .; •
By: 'r' ` ��— � By:
.4, ••• atydleIic G ''A A.HILLER, ESQ. , CHAIRWOMAN•
i!titt a1' Ld Chi '
i l gnat urt
Ar �` -e-.a$to l. d
Ir
IP / /
Scott R.Teach
Deputy County Attorney
AS TO COUNSEL:
Bricklemyer, . iker • Bolves
By: i
:tI.' itness 14 :' Jeffrey L., .ends,Esti.
• n ✓ adtr)' 4 '- Title: , o 1�r
•
Typeiprint witness name
• J t Vilu
n
S nd Witness
1—.i Sill*1
Type/print witness name
2
161( 1
...
16K 1
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of t'1 f 41 2.6 ,2013,by
and between the law firm of Smolker Bartlett Schlosser Loeb&Hinds, P.A.,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 Retention Agreement with Bricklemyer, Smolker& Bolves, P.A., (attached hereto
as Exhibit A,and hereinafter referred to as the"Agreement"),as amended;and
WHEREAS, Bricklemyer, Smolker & Bolves, P.A., has been re-named to Smolker
Bartlett Schlosser Loeb&Hinds,P.A.;and
WHEREAS, the parties wish to have the law firm of Smolker Bartlett Schlosser Loeb &
Hinds, P.A. 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
arc acknowledged by the parties,it is agreed as follows:
1. The law firm of Smolker Bartlett Schlosser Loeb & Hinds; P.A. 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 Smolker Bartlett Schlosser Loeb & Hinds, P.A. will promptly
deliver to County evidence of insurance consistent with Article 2 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:
Smolker Bartlett Schlosser Loeb&Hinds
500 E. Kennedy Blvd. Suite 200
Tampa,FL 33602
5. The County hereby consents to the law firm of Smolker Bartlett Schlosser Loeb&
Hinds, P.A. 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
Smolker Bartlett Schlosser Loeb & Hinds, P.A. 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.
EXHIBIT
Page I of 2 1 D
N•„_
161( j
16K 1 .1
FOR COLLIER COUNTY:
ATTEST/ •tOaR9 ps BO.. • ' OF CO COMMISSIONERS
DWIGJ1 "h.-SROGIc( crk C LL • CO ,FLORIDA
r r !
h
�'' ..`' v 1 ,
By. ►�' � �
Attest t'opt�r.-r; Gr..4 T11er, Esq.,Chairwoman
signatureonty.,'ca '�
Approved as to form and legal suffici c .
By: •
Je .Wright
As t County Attorney
FOR THE LAW FIRM OF SMOLKER BARTLETT SCHLOSSER LOEB&HINDS,P.A.
*L
By: / r-----
Jeffrey L.Ht' ds,Esq.
Title: S of #
Date: 21 Mack. 13
STATE OF FLORIDA
COUNTY OF
The foregoing As vOire m t w ac owledggl,I before me this Zy day of
MAK ". ,2013,by ' 1"i,�t �. } :n s, G
He iumsuglyjumwauuns or produc:4 as identification.
6.-- 10i41Tl"RI iMDEZ Signature of Notary Public
1n00W88I01rI1ff00081S
E70'IRE!Arne 14,2014 Firnom
Name of Notary Public(typed or printed)
My Commission Expires:
04-00A-01 I38/2930
Page 2 of 2
161(
1
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.
[04-00A-0115 8/1145770/1] 1
16K1
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
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
I �, ,�.
By: 1 p
Attest as o Clerk TIM NANCE, CHAIRMAN
sian +m eip ,
Approved as to form and legality:
Jen ' er A. Belp io 09
Assistant County Attorney 411
Ai
AS TO COUNSEL:
Fixel & Willis
/
' 'L.6� �c �tii� �L By _
A&
First Witness � Na' raig Will , Esq.
CC ( 11-1 /(.1V Title: o.� N s
Type/print wiiness name
r 4.
n
es_
Second Witness
N Lin J . tz_o
Type/print witness name
item# k-1
Agenda
Date __. 4U
Date qq
Recd d`\t7 (lc
[04-COA-01158/1141462/11 2 Deputy Clerk
16Kj
Contract 06.4047 Eminent Domain Legal Services
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES made and entered Into this � aikk
day of F a "‘, 2007, by and between the Board of County Commissioners,
(hereinafter referred to as the *Board* and/or 'County), and the law firm of Pixel,
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 Attorneys 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 366.00 per hour for.paralegais providing services hereunder.
•
1 6 K 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 falls 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
16K1
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
ate
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
Y poAcY(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
•
161( 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-litgatlon
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
1 6 K 1 1
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 tion 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 terns of one
(1) year per term upon written notice by County to Counsel prior to expiration of this
Agreement
g ent.
IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an I
authorized person or agent, hereunder set their hands and seals on the day and year
first above written.
DATED: (p -!�- ,ty. BOARD OF COUNTY COMMISSIONERS OF
ATTEST:- . ?.:'•.)iy COWER COUNTY, FLORIDA
DWIGHT .IIRClEI Clerk
At .�, James • ^h,. airman
W��j�i 7'tip
(1) Lf d„ y Fixel, Maguire&Willis
Signature
1/
Q..4r/Pi dQS.S _
PrintedfTyped Name �r
By: ��r .`•_... &
(2) -.44,_j4i—Zq_____
AD 1Yrki rYln r4,no 1--
Printed/Typed Name
Approved as to form and legal sufficiency:
1
Jennifer Bei•-14
Assistant County Attor ey
s
05/25/2007 13:21 FAX 850 224 8413 161( 1
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IMPORTANT
If ttr certificate holder Nan ADDITIONAL INSURED,the polaypes)must be endorsed A statement
on this certacate doss not corder rights to the ostaleste holder in Neu d ouch endoreementje),
if 8U9ROGATION IS WAIVED,subject to the terms and oondll$ons of the poky,osrtsln policies mty
require an endorsement.A statement on this osrtabeta does not center Vt.to the osrtMoete
holder In Neu of such enderesment(s),
DISCLAIM
The Certisste of Inaurena on the mores side W this form does not constitute a contract between
the issuing k surer(e).suthortt ed representative a produoer,and the oertlleets holder,nor doe*R
inane**r or neg,tMSy em end,,,mend or Meer the coverage afforded by the pandas heed thereat.
"Colo ff morrow
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• AMENDMENT TO AGREEMENT FOR LEGAL SERVICES • •
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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. '1
• Gadsden Street,Tallahassee,Florida 32301 (hereinafter referred to as"Cotursel").
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• 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
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• 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
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• . • WHEREAS,the original term of the Agreement,including the renewal terms,will expire • .
• . on April 23,2011;and •
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• WHEREAS,the parties wish io amend the Agreement toextend the term of serVice at the .•• •• ";•
• existing rates for providing these specialized legal services for an additional two (2) years ' • 4...
• commencing on April 23,2011.
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• 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 ma*, • •
•• 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, Thie-Agreernetit • . .
. . . . . . . - •
breeuR4Y4.4.41.166111461146-4.11""44"44114. Agmalwilir
••.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement • .
on this LS day of January,2011, with the intention to attach this Amendment to the original
Agreement
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ATTEST: ' A''�, BOARD OF COUNTY COMMISSIONERS
DWIGHTANkik COLLIER COUNTY,FLORIDA
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A; o _•.puly'Clerk $Y FRED W.COYLE,Chairman
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A v as t4 itM and
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le, 1' clenc • •
_ Was ;
Iari
R.Teach
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Deputy County Attorney
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• • Mel,Maguire&Willis . • • i
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• Counsel '
Witness •
• r'+rst Y� .,_•.' ■
`s �' ,� N: :�raig ' Ills,Esq. •
Type/print witness name .
if Seco • fitness
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16Ki
FIXEMAG-01 TODONNELL
A`CORO- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDO/WYY)
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 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).
PRODUCER -NC MEACT Tina O'Donnell
nsurance Solutions,LLC PHONE 850 894-2333
3500 Financial Plaza in No.Eat/. ) ( ,No):(850)894-3129
4th Floor EA-DMDARIIESS:todonnellftlegacyinsilc.com
Tallahassee,FL 32312.9999
INSURERS)AFFORDING COVERAGE NAIC e
INSURER A:The Hanover Insurance Company 22292
INSURED
INSURER B:
FIxeI and Willis INSURER C:
211 South Gadsden Street INSURER D:
Tallahassee,FL 32301
INSURER E:
INSURER F:
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, 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADOL 'R
LTR TYPE OF INSURANCE IM�DV WYY) (M�WO IO/YY YI LIMITS
INS/1 POLICY NUMBER
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE S
CLAIMS-MADE OCCUR DAMAGE(ORENTtD
PREMISES(Ea occurrence) $ _
MED EXP(Any one person) S
PERSONALS ADV INJURY S
GE 'L AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE S
POLICY n PECOT. I I LOC
PRODUCTS-COMP/OP AGO S
OTHER:
S
AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY(Per parson) S
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) S
HIRED AUTOS NON-0WNEO PROPERTY DAMAGE
_ AUTOS (Per accident)
f
UMBRELLA UAB _ OCCUR EACH OCCURRENCE f
EXCESS LIAB CLAIMS-MADE AGGREGATE f
OED I RETENTION S f
WORKERS COMPENSATION —PER r pp
AND EMPLOYERS'LIABIUTY STATUTE I ERA
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S
OFFICER/MEMBER EXCLUDED, C N/A
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S
11 Yes,deaaibe under
DESCRIPTION OF OPERATIONS bebw E.L.DISEASE-POLICY LIMIT_S
A ,Professional Liab LHC9808988-01 01/01/2014 01/01/2015 Each Claim 1,000,000
A Professional Llab LHC9808985-01 01/01/2014 01/01/2015 Annual Aggregate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached N more space Is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
For Insurance Information Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
•
01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
16K1
SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
THIS SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
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, throe its Bo
County Commissioners,hereinafter referred to as the"County"and Pixel,Maguir h e& Willis,s,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
legal services in connection with the acquisition of real property specialized
proceedings;and P gym' ttuouglt eminent domain
WHEREAS, the professional services to be rendered as specified in paragraph
Agreement is for a two (2)year term with two (2)additional renewal terms of on year per each
the
term;and y per each
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 23,2011 2Q1 and terminating on April 22,2413
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 A,.day of January, 2013, with the intention to attach
this Second Amendment to the original Agreement.
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AS TO THE COUNTY:
ATTEStk.I" ' BOARD OF C o UNTy COMMISSIONERS
DWIG) T g.BRQC1c.Clerk COLLIER 0 Y, L., • •A
Bye�� ���. � � � ,•�
By:
• 'Irp Cl. k GEORPA A.
test*si"t0 'C lr uti HILLER, ESQ. , CHAIRWOMAN■
t'pnatio4.011 .
Approved as to form and
le uffiiciien
colt R.Teach
Deputy County Attorney
AS TO COUNSEL:
Fixel,Maguire&Willis ,
• * . ' ` B _ .r
By- �./ 4
trst Witne N Craig Wi is,Esq.
l\ACueld Title: ?A1 TN.E;Z
Type/print witness name
C ( (.4
Second Witness
Jule_ E. C-it 1her r
Type/print witness name
.starm o: Ct';AIDA
=ouncy of COLLIER
I HEREBY CERTIFY THAT this Is s tilts and
:orrecr cony or a occur e�i
. :. ;.
��'q^i�3s rrev;;na'� fr arM ��teC Countli
ay of
11, QcO v
1(t o.% .. r
.1
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�A.
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ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of re(,r y ark I t ,2014, by
and between the law firm of FixeI & 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 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.
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FOR COLLIER COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUN , FLORIDA
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SF,i18Kt om Henning, Chairman
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AOprovedas,to raft nd legality
/,J....'$ 'ate �/ ,
By: ....ma►.i
Emily R epin
Assistant County Attorney
FOR THE LAW FIRM OF FIXEL & WILLIS
WITNESSE •
41 / By:
g Willis, q.
thIiTh1nSII1
Pri Nam Title: �c,-�'�,�
Cii24.)1116/ Date: re So f`v a f., i 'eZ 0 I
C_cot--k ebSSiele
Print Name
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