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Backup Documents 02/11/2014 Item #16K4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI iiiv Jf ' Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwar t e o my ttorney 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 bf, o2I1aj'm- 4. BCC Office Board of County Commissioners Z-k 4VA 5. Minutes and Records Clerk of Court's Office Al--- a-tv-tit kt 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 Emily R. Pe in,Assistant County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 2/11/14 Agenda Item Number 16.K.4 Approved by the BCC Type of Document Assumption Agreement Number of Original One 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? ERP 2. Does the document need to be sent to another agency for additional signatures? If yes, ERP 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 ERP signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's ERP 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 ERP 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 ERP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip ERP 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'Vlt/14 and all changes made during the ERP 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 by the 01'7- BCC, all changes directed by the BCC have been made,and the document is ready for the EY Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16K4 MEMORANDUM Date: February 17, 2014 To: Emily Pepin, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An Assumption Agreement between Collier County and the Law firm Fixel & Willis for an original Retention Agreement dated April 24, 2007 and as amended Attached for your records is a copy of the agreement referenced above, (Item #16K4) approved by the Board of County Commissioners on February 11, 2014. The original was held by the Minutes and Record's Department for the Board's Official Record. If you have any questions please contact me at 252-8406. Thank you. Attachment 16K4 1 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of F¢1,r u a ey I _,2014, by and between the law firm of Fixel & 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. 1 161( 4 FOR COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUN Y, FLORIDA By: ==:-,116 an's H,,enning Chai rman irm an si natutllyw 0 Approved agto Morin,and legality By: 410-)(h Emily R 'epin Assistant County Attorney FOR THE LAW FIRM OF FIXEL & WILLIS WITNESSE : 4I By; 3heefol aig Willis, E q. Title: e • Pri Nam L � Z � Date: r�ar Ccoki ►o51 Print Name Item# L214 Agenda c —ll—L� Date Date ow,Rec'd � C Deputy erk 2 16K4 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 23,2011 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 Z22,--A,day of January, 2013, with the intention to attach this Second Amendment to the original Agreement. 16K4 AS TO THE COUNTY: A 11'ESTT. .•.^s°-. r BOARD OF C o UNTY COMMISSIONERS DWIGF f 0.BRQCICYClerk COLLIER 0 Y, Lo •IDA By: -: " :k r -/ By: Q putt'Cl, rk GEOR A A. HILLER, ESQ. , CHAIRWOMAN Attest'aa--to F,tkorawfi lig:4'01r a V:d_. Approved as to form and le ufficien 7Y ,4--ito- colt R.Teach c Deputy County Attorney AS TO COUNSEL: Fixel,Maguire&Willis By. A. .Ij .. �r First Witnkii,a4,,--3--:„.,,,,,i.L. N: -: Craig Wi is,Esq. " 1 o,n c Fe.- c e.1.\ Title: ?R rrN.E iZ Type/print witness name OLut(A) ( .1 Second Witness i U_-‘\e_ L. C-1t 4 h-e '-\-- Type/print witness name sza!N d; FL';RUM ::ounty of COLLIER I HEREBY CERTIFY THAT this is a hie t &rr?et copy at a 0=9t{ 6. ({�?y1-p;8 in 5o rci Minutfts,apa Rc g�6 titer Count/ r,iz gs s :riv,isa #5 ari i ,= X-s Ns -.. iGE-{T E. 8il C.c* MI tF Ot}�s. I , iik' r i f -, ,, p tJ `' 2 16K4 Contract 06-4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES • THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 2776 day of Ffy, 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. 16K4 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. Art insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be attached to this agreement. 2 16K .4 The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such 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 shalt not be construed to negate, abridge or reduce any other 3 16K4 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 16K4 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: G- a9- BOARD OF COUNTY COMMISSIONERS OF ATTEST: _ ;'' , COLLIER COUNTY, FLORIDA DWIGHT;:'B1 O lf. Clerk Atlts .tili. p ±f_< James o e , airman (1) Fixel, Maguire&Willis Signature 17th deLS3 Printed/Typed Name 4 �► i� (2) -44, v'1y "- Printed/Typed Name Approved as to form and legal sufficiency: Jennifer A. Belp Assistant County Attorney 5 7 16K4 05/25/2007 13:24 FAX 650 224 6413 JOE WILLIAMSON STATEFARM Im001/002 er CERTIFICATE OF LIABILITY INSURANCE °"`I""7 005 '4. . 05/25/2006 Jo THIS CERTIFICATE IS ISSUE AS BATTER OF INFORMATIbN 17 dN ONLY AND CONFERS NO RIGNTS UPON THE CERTIFICATE � LI.L ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TALLAI FL 32303 ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. -.__.,...., INNURERd AFFORDING COVERAGE maw - NAM II FIXEL, MADOIRE, i wILLIB slttsEltKState Trim Florida Insureatice Company 10739 211 8 GADSDEN ST 100.010111 State tarn Fin and Casualty COBDIny 25113 TALLAHASSEL, FL 32901 a+SUR3ite; _mum ct • mum E • COVERAGES THE POUCIE OF INSURANCE LISTED BELOW NAVE SEEN ammo TO Tni!POURED AMMO ABOVE FOR THE POUCY PERIOD SIDICATED.NOTIMTMSTANPNO ANY REOUREYEJJT.TRIM OR CONDITION OF ANY CONTRACT OR OTHER DOCumENT WITH RESPECT TO VMICH THM CERTIFICATE MAY BE MBUED OR MAY PERTAIN,THE MSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO AU.THE TERMS.EXCLUSIONS AND COMMONS OF SUCH WY HAVE BY PAD OLA Lte MO TV I OP s 4ANOa POLIGYJLtIIMee paTE OATS tom A X maw, 9S-PT-9433-5 N 05/15/0 05711717 1 000,000 f tc s o IODPMYaswwg AE4sO11at■AOI(WAStV I OBLLAOORB>ATEMEMILIMmit t)j110IAI Apdtmgi 2,000,000 I� I7�lCTB-MMIIPASO t '1POLICYI l a4T ❑ _ Mne008I1.8UMMAM 96-PT-0493-5 S 05/15/06 05/15/07 saL a 1,000,000 BLEtAw ANYAUTO fEas+�nO ALL OwNSO ALn011 spO1LY aut/IY s SCHEDUIED AUTOS lPwos+n) A X X MpwAtROS EMILY A X NOra ro OIIFICDAUIF ow a a moat par Warn a laatIONS U L JW AVM ONLY-EAAOOIClNK S • ANY AUTO ONICt YNN/ MACE I AUTO ONIA AOB I � { Mlsssraa a LIASLtJIIt EACH CedNBtale! a r a ad's woe Asossa s 3 S 060UCTIOI.S S 0281104*1O11i $ $ S MO 9S-TG•9296-3 F 06/2$/Q6 06/23/00 orflwRALeaeFJttraauo� Lt.EACHAOdDaQ S 500,000 « eLD .uerKO,�. , 500,000 mow ow= EL MAW KEW WY 1 500.000 OliSCUPTION OF OPestor as/towers L VSNIOLBs I ErcLusiois mum BY I of as srtCTaa mammon 211 3 CADSDEN ST TALLAHASSEE, FL 32301 1010 EXECUTIVE CTR DA 512 121 ORLANDO, FL 32803 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY COVZPi* NT ILWuLY ANY as TIe ANON DSeo-IFao • •NOM TIN a IIIIIION AIIM n DIANA. DELEON OAT!1L •0F,1as WINS sstlNSll MAIL jk. DAYS IYIF TTBN BOARD OF COUNTY CONHISSION6RR3 Lgw•;TD me OeeTrlaAts • • .sus YnLmro so SOSLLALL 3301 TAMIANI TRAIL Wen NCI mummy oIF • • Tu MUM&LTB ABUTA OR NAPLES, FL 34112 winisatinATBIBR .-........01 JO; WILLIANSON �I -The f QNV Eun aOs In41C�/awn $I Or(s{i MACS by resp.cLnh Panora . -• p Up BA 13214I 03-13-2007 MOM i \ 05/25/2007 13:25 FAX 850 224 8413 JOE WILLIAMSON STATEFARM Im J62K 4 11fMr Mae VS I MIVAANCI IMPORTANT If the certificate holder is an ADDrI1ONAL INSURED,the policy(fes)must be endorsed.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject Io the terms and conditions cf the p*y,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such mss). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s).authorized representative or producer, and the oartilical holder, nor does k affirmatively ellwy or nsgathrely amend,eidlend or alter the coverage afforded by the policies listed thereon. AC oRD 25(toot FIXEL & MAGUIRE Fax:8506819017 May 24 2007 13:52 P.021 6 K 4 Fryrn:Mamas Is At ROV1 fax)0:ROOM Owes vaud+n To:Pima.Maguire 11 Wes Calf:lira/2007 01:17 PM Patti s a a ACORD, CERTIFICATE OF LIABILITY INSURANCE !! j °deSaisconvi as I Y�i A /4T I 'iiiostla.l tRD QI W WPOIg1A Rogers, Ovate),. vanillin • ONLY AND COMM NO RIONTi UPON 751 CI RIWICA insurance, Zse. HOLM.TIM CER7#ICATII DOES NOT ANIMA r1XT1N0 011 1117 Thesiasvill• Rd. AUDI TMR Canaan AFFORDRD IV TIM OOU tl MOW. ?n11akesa•• rL 32303 ?beset 160-310■1111 !ea:000.303-0027 • 11$URRR/AFPORCIN000v1*ANI MA1Ca semoir MAMA Z. la spaclty =Ri{Itaoos imam& 1*.i, i • A x lie saase ibha isNtfrost masa0 NUM It. 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CANCILLATION COLLKIIT MOULD Off Of ulnae oltOMp FOAM as CANCii10 Moat III LIMATROI aim MINOR THE MOO WORM VAIL seems TO sai 10,LYE minim Collier County Government ADM TO MI•Ci1RItICATI NOLaaR IMORO TO'Muir%bur Pcual 100o so WALL Attn: Diana Daimon rots NOOOMA110N00 maim comeNMIIPON111•M OW RI AMMO Oft 3201 t 'animal Trail iLSPIr10erAYlvaa Napie L s T 24112 • V7 *roRD 2s l ks) - *MOLD&ORpo*ATIOt/M N • FIXEL & MA3UIRE Fax:8506819017 May 24 2007 13:52 iiDt) ,` 4 Manuals sakes az ItGV1 Matt Ropers Owner Vaughn Tar Peed,liagars•Wes gees:421,700 r ma rM rase..w,. IMPORTANT If the certHfcate holder Is an ADDMONAL INSURED,the pollcy(iss)must be endorsed.A statement on this certHkerte does not oonfer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,aertsln policies may require an endorsement A statement on this certificate does not confer ruts to the certificate holder In lieu of such endoreement(s). DISCLAIMER The Certificate of tnsurenoe on the reverse side of this form does not oonsthute a contract between the}suing Insurer(s),authorized raprssentstve or producer,and the certificate holder,nor does it affirmatively or negatively emend,extend or alter the coverage afforded by the policies listed thereon. ',cafe 2$(2001/OM 16 K 4 • . . . . , • ,• , • AMENDMENT TO AGREEMENT FOR LEGAL SERVICES • • THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06- . .. 4047 Eminent Domain Legal Services is entered into on the below date by Collier County, .1 Florida, a political subdivision of the State of Florida, through its Board of County , I Commissioners, hereinafter referred to as the "County" and Fixel, Maguire & Willis, 211 S. 1 • 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) year • ,. 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 rage of compensation for a an additional term of two (2) years? commencing on April 23, 2011 and terminating on April 22. 2013. This-Agfeemeat • IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on this 15 day of January, 2011, with the intention to attach this Amendment to the original Agreement. . . . • . . ' . . .. • . . . .. . . . • i ' • • . . . . . • . • , 16 K • • • . . • • • . . ATTEST: • ' 'R;•y...•,,'�. � aQ " BOARD OF COUNTY COMMISSIONERS DWIGHT.h?' OCIt''Clerk COLLIER COUNTY, FLORIDA • 411-1-41 (A)* C-f"814' BY:.. • :.� 1.. : : By: Att•>t /gra '!1 utyClerk FRED W.COYLE,Chairman App loved as t !and le ciency L._ . .• • . • • _ S •• R.Teach Deputy County Attorney • • Fixel,Maguire&Willis• Counsel ZPirsIt / 7 Hyr, ` Witness / ? , • raig His,Esq. • N/A/11 S. 7 1/ e Type/print witness name Second • itness Cy\r&r1 F- �r 1� • Type/print w tness name • • • • • i • • 2 • • • FI E&K 4ODONNELL .4`CORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 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(ies)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 NAME:ACT Tina O'Donnell Legacy Insurance Solutions,LLC PHONE 850 894-2333 Fax ) 3500 Financial Plaza (ac,No,Est):( ) (ac,No):(850)894-3129 4th Floor ADDRESS:todonnell le ac inslIc.com Tallahassee,FL 32312-9999 g y INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Hanover Insurance Company 22292 INSURED INSURER B: Fixel 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 ADDL SUBR- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGETO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab LHC9808986-01 01/01/2014 01/01/2015 Each Claim 1,000,000 A Professional Liab LHC9808986-01 01/01/2014 01/01/2015 Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if 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 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Teresa L. Cannon From: Neet, Virginia Sent: Tuesday, February 18, 2014 8:47 AM To: Minutes and Records Cc: Pepin, Emily Subject: Item 16-K-4 (2/11/14) Attachments: Item 16-K-4 (Updated Certificate of Insurance).pdf Ladies: Please attach this updated Certificate of Insurance to Item 16-K-4, which I brought to your office on Friday. Thank you! Please call with any questions. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax(239) 252-6600 z£; ,r L#Law,e r.<a. are;,t„bfc records it you do not want your a Yl.a.l ac;di ss rwoasnd in response to a puh„c records request,ao not sand .ectron t,n or to this s entfy 1>ead contact this office by telephone£Sr m writing 1 16K4 �—, FIXEMAG-01 TODONNELL %CORD" DATE(MMIDD/YYYY) ��- CERTIFICATE OF LIABILITY INSURANCE 2/17/2014 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 pollcy(Ies)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 CONTACT Tina O'Donnell Legacy insurance Solutions,LLC INCO.NNC,Eati:(850 894-2333 (850)894-3129 3500 Financial Plaza ) IA/c,No):(850 4th Floor n ortess:todonnell @legacyinslic.com Tallahassee,FL 32312-9999 INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:American Economy Insurance Company 19690 INSURED INSURER B:Auto-Owners Insurance Company 18988 FIxel and Willis INSURER C:Southern-Owners Insurance Company 10190 211 South Gadsden Street INSURER D:The Hanover Insurance Company 22292 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 VVITH 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 TYPE OF INSURANCE AWL SUER POLICY EFF POLICY EXP INSO WVD POLICY NUMBER IMM/DD/YYYY) IMM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR X 02BP92624640 09/24/2013 09/24/2014 DAMAGETORENrED 100000 PREMISES{Ea occrrence) S , MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY S 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE _S 2,000,000 X POLICY LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S AUTOMOBILE UABIUTY (CEOMBIBINNEDISINGLE LIMIT S 1,000,000 A ANY AUTO 02BP92624640 09/24/2013 09/24/2014 BODILY INJURY(Per person) S ALL OWNED ^ SCHEDULED BODILY INJURY(Per accident) S AUTOS ^ AUTOS — NON-OWNED PROPERTY DAMAGE S X HIRED AUTOS X AUTOS (Per accident) _ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1,000,000 B EXCESS LIAB CLAIMS-MADE 49041200-00 09/24/2013 09/24/2014 AGGREGATE S 1,000,000 DED X I RETENTIONS 0 S WORKERS COMPENSATION I PER AND EMPLOYERS'LIABILITY STATUTE ERH Y/N C ANY PROPRIETOR/PARTNER/EXECUTIVE 78006620 06/23/2013 06/23/2014 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D Professional Liab LHC9808986-01 01/01/2014 01/01/2015 Each Claim 1,000,000 D Professional Liab LHC9808986-01 01/01/2014 01/01/2015 Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) 211 S.Gadsden Street,Tallahassee,FL Re:For any and all work performed on behalf of Collier County The certificate holder is included as an additional insured on the general liability as required by written contract or agreement. Coverage provided by the above general liability poillcy shall be primary and non-contributory and is limited to the liability resulting from the named insured's ownership and/or operations. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 3301 Tandem!Trail Naples,FL 34112 AUTHORIZED REPRESENTATIVE e:gi■-•••• ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD l6K4 AGENCY CUSTOMER ID:FIXEMAG-01 TODONNELL LOC 0: 1 ACOR>D" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED FIxel and Willis Legacy Insurance Solutions,LLC 211 South Gadsden Street POLICY NUMBER Tallahassee,FL 32301 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liability insurance Description of OperationslLocationsNehicles: For the Professional Liability-The Limit of Liability shown in the Declarations for each claim is the most we will pay for the sum of all damages and claim expenses arising out of a single claim or a series of related claims,regardless of the number of persons or entities insured under this policy,number of claims made or the number of persons or entities making claims during the policy period or during any extended reporting period,If any. ACORD 101 (2008/01) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD