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Backup Documents 02/28/2017 Item #16K15 • ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K 15 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 \'b \,M7si' 4. BCC Office Board of County Commissioners \ / Z\ kl--'f( 5. Minutes and Records Clerk of Court's Office -pm 2/,�,, It7 �.�'l 3:40en 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 Belpedio/County Attorney's Phone Number 252-8400 Contact/ Department Office Agenda Date Item was 2/28/17 Agenda Item Number 16K L5 Approved by the BCC / Type of Document Agreement with Fixel&Willis V Number of Original Attached Agreement with Smolker Bartlett V 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? 5 ` OV N/A 2. Does the document need to be sent to another agency for additional signatures. If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JAB 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB 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 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 2/28/17(enter date)and all changes JAB made during the meeting have been incorporated in the attached document. The a ,0 ,n County Attorney's Office has reviewed the changes,if applicable. €ati 9. Initials of attorney verifying that the attached document is the version approved by the AB BCC, all changes directed by the BCC have been made, and the document is ready for t e ��,('� Chairman's signature. �( : e4 -' 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 16K 1 5 FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06-4047 Eminent Domain Legal Services is entered into on the below date by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and Fixel & Willis, 211 S. Gadsden Street, Tallahassee, Florida 32301 (hereinafter referred to as "Counsel"). WITNESSETH WHEREAS, on April 24, 2007, the County and Counsel entered into an Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal services in connection with the acquisition of real property through eminent domain proceedings; and WHEREAS, the professional services to be rendered as specified in paragraph 13 of the Agreement is for a two (2) year term with two (2) additional renewal terms of one year per each term; and WHEREAS, on January 25, 2011, the Board of County Commissioners amended the Agreement in order to extend the term of service to April 23, 2013; and WHEREAS, on January 22, 2013, the Board of County Commissioners amended the Agreement in order to extend the terms of service to April 22, 2015; and WHEREAS, on February 11, 2014, the Board of County Commissioners entered into an Assumption Agreement with Fixel & Willis (formerly known as Fixel, Maguire & Willis); and WHEREAS, on February 24, 2015, the Board of County Commissioners amended the Agreement in order to extend the terms of service to April 22, 2017; and WHEREAS, the parties wish to further amend the Agreement by extending the term of service, at the existing rates, an additional two (2) years commencing on April 23, 2019. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree to amend the Agreement as set forth below. 1. Paragraph 13 of the Agreement is hereby amended as follows: 13. Unless terminated pursuant to Section 11, this Agreement shall be extended at the current rate of compensation for an additional term of two (2) years commencing on April 23, 2017 and terminating on April 22, 2019. 2. Except as modified by this fourth Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. If there is a conflict between the [04-00A-01158/1314029/1] 1 1 6 K 1 5 terms of this fourth Amendment and the Agreement, the terms of this fourth Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this fourth Amendment to Agreement for Legal Services on thisZ14-k day of February, 2017, with the intention to attach this fourth Amendment to the original Agreement. AS TO THE COUNTY: ATTEST: ' BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK'Clerk COLLI R UNTY, FLORIDA By: . '& iiit By. Attest as /11- , Chairman's De Clerk S PENNY LOR, C AN cicfnAtirra t,nw. Approved as to form and legality: Jenner A. Bel p Assistant County Attorney AS TO COUNSEL: Fixel & Willis ` / / 1_ 0,... li .4 ,,, ( Witness Name: Willis Esq. I rirLi '-f U-9/4475c--)a=1-75114-/ 517._. Title: Tc,„-kr,t Type/print witness name (1 d1ILE- (1 kr.i4LL-13 0_0 SeconthWitn ss \,A ©ss l�� Type/print witness name [04-00A-0115 8/1314029/1] 2 16K 15 Contract 01-4047 Eminent Domain Legal Services AGREEMENT FOR LEGAL SERVICES • THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 275c;Q day of F ri rr, 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 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 Counsers rate of $250.00 per hour for all trial work and $220.00 per hour for non-trial work Counsel shall be compensated at$85.00 per hour for•paralegals providing services hereunder. 16K 1 5 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 ati 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. 8. 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 r 16K 1 5 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 aN 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 Reauirements: 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(les) meeting the requirement herein Identified shall be maintained by Counsel during the duration of this Agreement Renewal certlficate(s) shall be sent to the County thirty.(30)days prior to the expiration date(s)on any such poilcy(fes). 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/Consuitant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement This indemnification obligation shall not be construed to negate, abridge or reduce any other 3 16K 15 _ _____ ___ 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 Counsels representation of private clients against the County could disadvantage the County in future acquisitions. Counsel agrees, therefore, that while under contract with the County and for two (2)years following the expiration/termination of this Agreement, Counsel or any of its employees, associates or partners will not represent any property owners in any eminent domain actions initiated by Collier County without the County's written consent. 10. it Is mutually agreed between the parties that all authorization for services shall originate with the County Attorney. 11. Either party may terminate this Agreement for convenience with a minimum of thirty(30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to 4 16K 1 5 1 I 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 I first above written. DATED: (0,1,74-60p-i- BOARD OF COUNTY COMMISSIONERS OF ATTEST:. •" ' ':;? COLLIER COUNTY,FLORIDA DWIpHT ?,ttCI Clerk :Aliti•r4rg • .. ames . 'Ne=, airman (1) c14644.4,/ y Axel, Maguire&wHis 11// Signature YQ.ft r/e PJLtS.S Printed/Typed Name By: (2) oirla 1201.11,4-tint Printed/Typed Name Approved as to form and legal sufficiency: Jenna erA Bel•,,t • di Assistant County Attor ey • 16K 15 05/25/2007 13:21 FAX 850 221 8413 JOE XII.LIAM3OM STATEFARM 11/1001/002 ^'• CERTIFICATE OF LIABILITY INSURANCE Y�P�"" r 05/25/2000 r mmc1m wi11 ATIPICIt7►i-1iATTER O17 ORlATIo■ ' � ONLY A110 COWER/ 110 31101171 U/OM TNS Ci*T1P1CATII T' M:Li:1a PL 322330 ALTIN TMi COV WORDED I11 T MtP01.10141PQ1.IC11OI Olt. 3 - ——.... illuotout APPOI10I S o0VIUU411 MAIC• rraua0 - Mai, 1tAQOIAI, t VTLLI5 a1IAoa14:itato ►+re_Jlorids tooso IOtt cmM=r 10,31 , 211 I OAXS0111 ST NMI,*State Iwo F '• use G*oaltr Comonap 213N TALLANASSR. 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MEL TIWIAU2 IL a sotain ss • TM11111111102MT04srwa NAPLES, rt 34112 1�1 w, >w . / JOE 11/141M11410 t Iii 6Tkm Tha KomPoson rwOoli ASSY awU+vmv a 1wrf GOrn 14 Oais .•• •wrPItAJ1 ° 0IfTi___r i � tifyi, _____________ 05/25/2007 13:25 FAX 950 224 9413 JOE iILLIAMSOW STATEFARM WI 002/002 HM4 • IMPORTANT • • If the oentlede holler Is an ADOfTIONAL INSURED,du polloy(kss)must be Indorsed A amtmett On file osiUI cels does not cosier right b the Osrflk sis holder In Inc of such sndoresment(s), V SUBROGATION la WAIVED,abet b the Isms and cofdMons or the hey.osteh p*W May require so endorsement. A atstsmant on this certificate does not eon*Aphts lo the ost113 sts holder In lieu of such aWorsemsnt(s). • DISCIAAIER The Certificate of Ineurenos on to fences side of this km'does not OcnsWls a contact bet+wes i the issuing insurer(,).suthorl:ed rspressntstNe or producer,and the oerelleels Midst.nor doss It s er nsNydy or negatively emend,coders'or alter the coverage atbded by the policies baled Ihsrson. • • ! I 1 Aeon 2ses) 16K 1 5 1 FUEL & MAGUIRE Fax:8506819017 May 24 2007 13:52 P.02 1 "gm Mow*Van At RON Fede Peen 611n11,Vau/a To 116*.Ilya a WN Oat sawX07 01;12 POI P 1 el o AMA D. CERTIFICATE OF LIABIUTY INSURANCE "*"."" 'waft sa0.ss. 1w11.s. Va07111 • 1101pq• MOON Os zsaasasoo, ria. All 1117 llraav1ll• M. ALTu AM10R0*sll �R+�IOWA la1Laasas.a 1T 3t203 »...161.•301-U31 ra1:1150-311-0187 • 0Y$uuI$AFFoRCIMOOLIRA011 WHIP Mar 'MUM ,L SpC6411t7 =sstptaaa. „__,__„...„ �� 3i�iy.aat�t�ie- 1�.1/ifi Nue*a MIMI '1'arlaiit logehf61iMt Ntl1"b , :7:61111"1/1100110110 lot la3101GP MOW=WMMowwa6marmroit.as"wweya41r01114M,NNWw=iee.AIOTWA CI3 Mr irtafilDIIM.1lW"00001010"vMN'CCMMLTaoM.000MOSIMMa 10YMCA MeCafltGtIM1'taa11000 lay N Wt 1M erlallCI wAyestrivellOLCSIDINcolftlosionwerto Mi Me 1JNA MIEN MO COOTIMM d 11101 FOAM 0600,4001 0000,00.010400*t lea MOO n 10bO.Iea eMRIIulallTr VOlaaa/rws o cos$01C14 ciesik val ry =CLOW we 0=a.r WO Wpm oopmes 0 0.1001.1 UP 00611 , 00.110.0400.0008 I 1Mn.MOaadhlMR MYttl POI !�C01,,I.MOW Ane j EMMY n n.� _ pO�11�p _____, O#IfM ULW ,race000'0: , 1 roPOO leMCeit ,y iaol.tee MOW 1 a„Wue1 Ihr Wog nr AMOSLY•NACCOM WV obi 1 ) wain Oa emAllics I roeoa 0 Cuss we ma rain 1 11 11101111.. 1 1 .ealIMINOM WO r a" w. aehaa l f I 18 ..loll UMMY e1.10010=1/4 1 o"ra=1"'M""'u�nw8""" 1.1.1:0000011-0.4.011.00111 j ��frbar 0. „fiPOMP•"551 e A tiot.ssioasl 7C. ftios7ss 01/01/07 01/01/06 SA Claim 1066000 INCIfGlallilillerteogalMMENTIMICionnallinratwaiNnimCIIIMINIr ACQtlggta 3000000 lax !31.702•$$44 . •CerrNG7i WOO GMCRIAMIO COLLNI a101taMnfir n0MO10 Omml.Pram NI MamieWag•06.060\".11 solieaiaor.naasalewue lrlaisaewe II$. ,L.laersonst Cellist comity Oevora.aat IMMO11A0rw11.McWOO Mllraeto11Otam odry$1a1/OMaoak 411:.: D1sa. Heir.* 1,00111*MOWN 011uw001NMPOOVw1011MIRPIMe Mt 3601 s vraimm1 trail lhhu 1!L sau moolisiogoom I 6 - "A4 Troy S 126.4161 M�•� eaeeRazoRro+u► fiAl i 1 1 161 5 FII€L I MRGUIR£ Fax:8506819017 May 24 2007 13:52 P.03 'Aroma Moo At AMA Fate"town Ounlsr Vauehe Tat MS,Mao* *l Woe QMm same f u"w raga•w• • • IMPORTANT If the certdAcste holds(N r ADDITIONAL INSURED,the podloypes)must be endorsed.A sill mint on the owtll[ste does not oonfst rights to the oertl*ests holds In Mu of aeh e,donrnw+t(s). If eU ROGATION Is WAIVED,whJsot to the terms rid oonddons of the play,certain paAClN my requite en endorsement.A statement on this oscillate don not*only rights to the oerteloete holder In leu cf such endorsernsnt(s), DISOLAMAfR The Certfoete of Insursnoe on the reveres side of thls form doss not constitute a oontreat between the Iau►ng ktstrer(s),etxhortzed representadMe or produos(,end the owt$Oste holder,nor does It sAkmedvNy or negettwy emend,mond or eller the wave.Horded by the;adobe listed'Ninon. • • Moro as tpM i 16K 15 . . . . • .• . . . • . • , . . , . • . . ... • , . . • , . 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 ; Commissioners, hereinafter referred to as the "County" and Fixel, Maguire & Willis, 211 S. • Oadsden Street,Tallahassee,Florida 32301 (hereinafter referred to as"Counsel"), •. • - . . . • • . • • . . . . . . . . . . ' • • • • ' • . • • ., . - WHEREAS,on April 24,2007, the County and Counsel entered into an Agreement(the • • "Aprement") 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 u specified In paragraph 13 of the • Agreement is fore two(2)year term with two(2)additional renewal terms of one year per each . . tam;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 'I- , • existing rates for providing these specialized legal services for an additional two (2) years • • ,,.. • commencing on April 23,2011. . . . . • . . NOW,THEREFORE, in consideration of the mutual promises and covenants contained •,. , herein,the parties hereto agree to amend the Agreement as follows: . . . • . . , 13. Unless terminated pursuant to Section 11, this Agreement shall be extended • • ' . a the current rate of compensation for a an additional_term of two (2) years, I commencing on Ansi' 23. 2011 and tandnatine on April 224013,This-Agrionwer • • • • • by-County4O-Ceensol-prlor46-o*pirotion-ef-thio Agreement. : .. • • . IN WETNESS WHEREOF,the parties have executed this Amendment to the Agreement • on this L5 day of January,2011,with the intention to attach this Amendment to the original Agreement .. . . . . ' • . . . . , . . , • -• • • . , . . . . . . . • • • . • • . . • • • • '' . . . . •• • • . • . •••• • , • • 1 . , • . • ' , • , , , •.. • • . . • • .. • • . , • . •• ...' • 11111111/1111 -- ----IMIIIIIIIIMIIIIIIIIIIIIIIIIII__—_-- -__ _ 16K15 __ __ • . • • . • . . . . . • .... . . ATTEST; 'ih.� 4. ."';•. BOARD OF COUNTY COMMISSIONERS .s DWIGHT. rGkikCOLLIER COUNTY,FLORIDA i=.: . ••` ';:: •.,� . t s W. • • By:' 1. •4: Br . j •. puty'clerlc FRED W.COYLE,Chairman attar• ..i.4 • '�l Ae Wtiftr� le ? clency ' mg L . . . . . . • • ' R Teach • Deputy County Attorney .• • • • •. Pixel,Maguire Willisi; Counsel a �. r1. 7/.W, • By_-.►•-• . . . ,. �1.itness N. OW raig ' ills,Esq. NhV4 S. ?HARPS . • Type/print witness name ' Seco Witness . . . ►'A(lrkr F•y'rr 1L . Type/print witness name • • • • i• 1 • • . 2 1._6 ( 1 5 �--•"'1 FIXEMAG-01 TODONNELL ACRO' CERTIFICATE OF LIABILITY INSURANCE DAT/11/2OIYYYY) 1 _ u1 v2o11 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 NAME CT Tina O'Donnell LegacyInsurance Solutions,LLC 860 894-2333 FAX 860 891.3128 3500 Fnancial Plaza IAfC.Ne.m( 1 IA�c.Ner.( ) 4th Floor ADDRESS:todonnell@legacylnsilc.com Tallahassee,FL 32312.9999 INSURER(S)AFFORDING COVERAGE NAIC I INSURER A I The Hanover Insurance Company 22292 INSURED INSURER B: Fixel and WI Ills INSURER C 211 South Gadsden Street INSURER 0: Tallahassee,FL 32301 INSURER E: • INSURER P: • 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. 1 INSR TYPE OF INSURANCE ADOL-SUINT- P�CY-ELF EXP-, LTR, NM son" POLICY NUMBER „MMIDD(YYWI 1MMIODA'YYYI LIMITS , COMMERCIAL GENERAL UTABIUTY EACH OCCURRENCE i CLAIMS•MAOE OCCUR DAMAGE TO REATEO PREMISES(Eeouurrencel $ MED EXP(Any one pornon) f — PERSONAL&ADV INJURY S GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S POLICY I WY. I I LOC PRODUCTS-COMP/OP AGO S OTHER: COMBINED SINGLE LIMIT f S AUTOMOBILE LIABILITY MI eceiCent) ANY AUTO BODILY INJURY(Per prion) f ALL OWNED — SCHEDULED AUTOS AUTOS BODILY INJURY(PK aedderd) 8 — NON•OWMED {PPROPE DAMAGE S HIRED AUTOS AUTOS I - UMBRELLA We ^OCCUR EACH OCCURRENCE f — EXCESS UAB CLAIMS-MADE AGGREGATES _ DEC RETENTION$ jpE $ _ WORKERS COMPENSATION I STAQTUTE I l EN' AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L EACH ACCIDENT S OFFICERA4EMBER EXCLUDED? N/A (Mandatary In NH) E.L.DISEASE•EA EMPLOYEE f 11 Yea,deaolW undr DESCRIPTION OF OPERATIONS eebw E.L DISEASE•POLICY OMIT $ A Professional Liab LHC9S08986-01 ' 01/01/2014 01/01/2015 Each Claim 1,000,000 A Professional Llab LHC9808986-01 01/01/2014 01/01/2016 Annual Aggregate 2,000,OOq DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks SchaduM,may M attached N mere spew N npukad) 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 POUCY PROVISIONS. AUTHORIZED REPREfENTAT/VE weer 01988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 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 Pixel,Maguire&Willis,211 S.Gadsden Street,Tallahassee,Florida 32301 (hereinafter referred to as"Counsel"). WITNESSETH WHEREAS, on April 24, 2007, the County and Counsel entered into an Agreement(the "Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal services in connection with the acquisition of real property through eminent domain proceedings;and WHEREAS, the professional services to be rendered as specified in paragraph 13 of the Agreement is for a two (2) year term with two (2)additional renewal terms of one year per each term;and WHEREAS, on January 25, 2011, the Board of County Commissioners amended the Agreement in order to extend the term of service to April 23,2013;and WHEREAS, the parties wish to further amend the Agreement by extending the term of service,at the existing rates,an additional two(2)years commencing on April 23,2013. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree to amend the Agreement as set forth below. 1. Paragraph 13 of the Agreement is hereby amended as follows: 13. Unless terminated pursuant to Section 11, this Agreement shall be extended at the current rate of compensation for an additional term of two(2) years commencing on April 23,2044 2013 and terminating on April 22,2044 2013. 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 i'Zr.kday of January, 2013, with the intention to attach this Second Amendment to the original Agreement. 1 16K 15, AS TO THE COUNTY: ..••••'''''''''--..... BOARD OF C 0 UNTY COMMISSIONERS Dwiorr 0._I31(iCiClerk COLLIER p Y, L" • a A / By:; --:. 1.5-re,.... ' • . (.‘ .,. ... By: , • — ..,.IZEputY CI. k GEORe A A. HILLER, ESQ. , CHAIRWOMAN At teit.(tii;.to.'Fia't r 4144 i A: Approved as to form and le cien ) 1 1.4.46.40-L cott R.Teach Deputy County Attorney AS TO COUNSEL: Fixel,Maguire&Willis All%rit wit= 1---UvLa—S—, By. _...610.71 . All N :—Craig Wi is,Esq. Title: ?syrrister Type/print withess name (91iA,L)( Cit(.{j Second Witness Jtd;e_. E_ C'0\lie-V. Type/print witness name staTH (N F Li;RUM :ounty of COLLIER • i HEREBY CERTIP/ THAI'this Is s title auk 7.orrect copy or a opourrit Of*is. Eoard Minutesyjepti* ... V9ItIer Count tygps qt.:,ryi karisliivalglispf Oh )WIGHT E. 8igC41.04f.911-*iilk. ,.• it ,.. . ,-.i.c,i, 2 — 1614( 15 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of rt 4 r u ar � ,2014,by and between the law firm of Fixel & Willis and Collier County, a political s bdivision 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 finn 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 16# 15 - FOR COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUN ,FLORIDA . T---17 1.1 om Henning,Chairman AtiprovedTas,tor�rn ijd legality By: Emily Rt epin Assistant County Attorney FOR THE LAW FIRM OF FIXEL& WILLIS WITNESSE : 4 I IBy: I g Willis, q. ' t_ Title: c,•% e.r Pri Nam Date: co��s� (. 1 A O ad-4.i innsskl Print Name 2 16K15 FOR COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUN , FLORIDA I om Henning,Chairman 0 AOproved as,to inn rid legality .? By: Emily R epin Assistant County Attorney FOR THE LAW FIRM OF FIXEL& WILLIS WITNESSE : 7-1 4 I By: I � g Willis, q. l ,�111:1(X 1 LI�S� Title: fie- c.-A.`t'r•+er Pri Nam �1 Date: ; So f J A r..\ L, A ° /2442/1 0,0)k Print Name I 2 • 1 6 K 15 THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06-4047 Eminent Domain Legal Services is entered into on the below date by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and Fixel & Willis, 211 S. Gadsden Street, Tallahassee, Florida 32301 (hereinafter referred to as "Counsel"). WITNESSETH WHEREAS, on April 24, 2007, the County and Counsel entered into an Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal services in connection with the acquisition of real property through eminent domain proceedings; and WHEREAS, the professional services to be rendered as specified in paragraph 13 of the Agreement is for a two (2) year term with two (2) additional renewal terms of one year per each term; and WHEREAS, on January 25, 2011, the Board of County Commissioners amended the Agreement in order to extend the term of service to April 23, 2013; and WHEREAS, on January 22, 2013, the Board of County Commissioners amended the Agreement in order to extend the terms of service to April 22, 2015; and WHEREAS, on February 11, 2014, the Board of County Commissioners entered into an Assumption Agreement with Fixel & Willis (formerly known as Fixel, Maguire & Willis) WHEREAS, the parties wish to further amend the Agreement by extending the term of service, at the existing rates, an additional two (2)years commencing on April 23, 2015. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree to amend the Agreement as set forth below. 1. Paragraph 13 of the Agreement is hereby amended as follows: 13. Unless terminated pursuant to Section 11, this Agreement shall be extended at the current rate of compensation for an additional term of two (2) years commencing on April 23, 2015 and terminating on April 22, 2017. 2. Except as modified by this Third Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Third Amendment and the Agreement, the terms of this Third Amendment shall prevail. [04-COA-01158/1145770/1] 1 16K 15 IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement for Legal Services on this-2414 -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 C01,LIER COUNTY, FLORIDA .1111e..sawoomar a")7 4tkat By: Attest as Clerk TIM NANCE, CHAIRMAN Approved as to form and legality: Jenaer A. Belpsio 09 7 AS(9 Assistant County Attorney 43 N- 4/ AS TO COUNSEL: Fixel & Willis f g By AP "46 611P4 First Witness J N. raig Will ,Esq. v.,1 Icy Title: (— Type/print witness name - . Second Witness 9._t) t\J Type/print witness name [04-00A-01158/1141462M 2 16K 15 FORTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06-4047 Eminent Domain Legal Services is entered into on the below date by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and Smolker Bartlett Loeb Hinds & Sheppard f/k/a Smolker Bartlett Schlosser Loeb & Hinds, 100 North Tampa Street, Suite 2050, 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; WHEREAS, on April 26, 2013, the Board of County Commissioners entered into an Assumption Agreement with Smolker Bartlett Schlosser Loeb &Hinds, P.A. (formerly known as Bricklemyer, Smolker& Bolves, P.A.); and WHEREAS, on February 24' 2015, the Board of County Commissioners amended the Agreement in order to extend the term, of services to April 22, 2017; and WHEREAS, after negotiations, Counsel's rates have increased over those previously charged in the prior contract amendment; and WHEREAS the parties wish to further amend the Agreement by extending the term of the service an additional two (2) years commencing on April 23, 2017. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the Agreement as set forth below. 1. Paragraph 13 of the Agreement is hereby amended as follows: 13. Unless terminated pursuant to Section 11, this Agreement shall be extended at the current rate of compensation for an additional term of two (2) years commencing on April 23, 2017 and terminating on April 22, 2019. [04-00A-01158/1314030/1] 1 16K15 2. 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 $300.00 per hour for all work. Counsel shall be compensated at $150.00 per hour for paralegals providing services hereunder. 3. Except as modified by this Fourth Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Fourth Amendment and the Agreement, the terms of this Fourth Amendment shall prevail. N WITNESS WHEREOF, the parties have executed this Fourth Amendment to Agreement for Legal Services on this 2�'-F1n day of February, 2017, with the intention to attach this Fourth Amendment to the original Agreement. AS TO THE COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLL E: ' ►UNTY, FLORIDA /- ‘ ``r By:-.) \ c� '...,___),kr k ii By// Jj Attest as to Chairman's , Deputy 11: k PENNY# ' OR, COQ''MAN signature only. ‘, Approved as to form and legality: CUR ‘ Jenni er A. Belpedi• Assistant County Att• ' •y AS TO COUNSEL: Smolker Bartlett Loeb Hinds & Sheppard f/k/a Smolker B.- : t Sch •sser Loeb&Hinds c, 1' / Si { By: First Witness Name: Jeffrey H. ds, Esq. ��14yyt E. Pc , Title: S ' t e r Type/print witness name / Af4Y,66.'6 ' ,..., v -c• d Witness VeZti J fav 711— Type/pr iili t Type/priiht witness name [04-00A-01158/1314030/1] 2 16KJ5 • Contract 064047 Eminent Domain Legs!Services AGREEMENT FOR LEOALSERVICES • THIS.AGREEMENT FOR LEGAL SERVICES made and entered into ttdaa7" day of FA cry, 2007, by' and between the Board of County Conlmtsskmera, • (hereinafter .referred to as the 'Board' and/or 'County'), end the law firm of Brlcklemyer, Smoiker& Solves, 500 East Kennedy Boulevard,Suite 200,.Tampa, Florida 33502,(hereinafter referred to as'Counser). • i WITNESSETH: WHEREAS, Counsel has special expertise and resources In the acquisition of • property through eminent domain proceedings;and WHEREAS, the Board from Urns 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 proceeding;that.may be assigned to Counsel from time to time by and through the County Attorney's Office. ,. 2. For ail land acquisition:and eminent domain work performed by Counsel, the Board, through the Moe 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 ail trial work and $200.00 per hour for non-trial.work. Counsel shall be compensated at$50.00 per hour for paralegals providing services hereunder. EXHIBIT A CA --1 b K 1 5 3. The Board hereby agrees to reimburse Counsel for actual costs Incurred Including costs of mailing, copies, facaknUeek telephone expense and document transmittal expanses(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 aro expressy excluded from this Agreement unless approved In advanee by the County Attorney. 4, A statement or Inverse for services and direct costs Incurred by Counsel shall be billed to the County.Attorney on a'monthly or quarterly basis at the d1 ►of Counsel. All invoices shall be kemtzed 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 shalt be processed in • accordance with Chapter 218, Part VII, Florida Statutes; otherwise known as 'The Florida Prompt Payment Act' The. County shall pay ail Invoices submitted in accordance with the provisions of Section 128.74, Florida Statutes, If the County fails to pay any invclice for consulting service wititirt the time period *Pacified In Section 210.74, 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 dies Agreement and shall not subcontract Its responsibles to the Board under this Agreement. 8. Counsel shalt carry.lawyer's Professional Uabilty 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 •- • _. • S . 16K15 • • The Consuttant shall provide Insurance as foliows: A Commercial Gegen! Liablittmr Coverage shall have minimum limits of $1,000,000 Per Occurrence,Combined Sbtrde.Umti for Bodily injury Liability and Properly Damage Liability. ,This shall include Premises and Operations; Independent Consultants; Products and Completed Operations end Contractual Uability. B. puslneee Auto UabJIMmr Coverage shell have minimum [Mils of$800,000 Per Occurrence, Cbstibtned Single, Limit for Bodily 'injury Liability and Property Damage Uabilty. This Shell include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Comeenaatioq: Insurance covering al employees meeting Statutory Umits 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 Reaukements: Collier County shell be listed as the Certificate Holder end included as an Addttlonal insured on the Comprehensive • General Liability Policy. Current, valid Insurance policy(les) meeting the requirement herein idenW ed mall be maintained by Courmeael during the duration•o this Agreement. Renewal certifIcate(s)shall be sent to the County thirty(30)days prior tribe otpiration date(s)on any such pollcy(les). There shall be a thirty(30)day notification to the Board In the event of cancellation or modification of any stipulated krsuranoe.coverage. 7. To the maximum extent permitted by Florida taw, the ContractorNendodConsultant shill indemnify and hold harmless Collier County, Its • officers end employees from any and all liabilities, damages, losses and costs, including, but not.llmited to, reasonable attorneys' fees and paralegals' fees, to the. extent caused by the negligence, recidessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consuttaant In the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other • • • 3 . S 16K 15 . . rights or remedies which otherwise may be available to an indemnified party or person described In this This section does not pertain to any Incident arising from the sob negligence of Collier County. 8. Counsel agrees to obtain and pay for all 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 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 orhereaiter 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 es to existing litigation strategies, including pre.tillgetion planning, and may be fundamental in establishing future litigation and pro-tltlgatlon 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 effect the County. The parties agree further that Counsel's representation of private clients against the County could disadvantage the County Infuture aoquIsitions. Counsel agrees, therefore, that while under contract witty 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 salons 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 shaft deal with each other in good faith during the thirty (30) day period after any notice of Intent to 4 . CA) _ .• ..___ _ 1 6 K 15 ...... • terminate for convenience has been given. The County reserves the right to terminate this Agreement Immediately,for cause,upon Yrrttlen notice to Counsel. i 12. This Agreement shag be effeetive upon executkin by the Board and Counsel. . 1 13. Unless terminated pursuant to Section 11, this Agreement shall be for a temi of test (2)years.This Agreement may be ren for two additional terms of one (1) year per term upon written notice by County to Counsel prior to expiration 0(this Agreement IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an auttrorizedVerson or agent, hereunder eat their hands and seals on the day and year first atiovewritten :,: . • .• DATEO:-,sczt A*On. BOARD OF COUNTY COMMISSIONERS OF Atrset ••• ... .. 6. COLUER COUNTY, FL•RIDA OW0.10750.fi4aKiderh 110e f • C...:. i.;., ';',,4**' •_ 4'-‘ "A ,..7 ,-- , •c . . Br Jet:—....,—...'A•#,-.- :.4' i ir James Coletta,Chairman t'Airffingfik,,VkVig• (1) d l-.... )iwiltedA .. .! ' ... . Bricidernyer,Smogcer&Solves Signature Illy, Pr.ntearY e. Ine ,.., • _. • By: A;A.4 Ads/i a r# 14°:' i 1 (2) .4.,__47------ . X red.", 4,fr;of Minted/Typed Name Approved as to form and legal sufflciency: 4,:_..... . . Je A.Be • . Assistant County Alt ey . s 1 6K 1 5 _______ • . Chubb Groups!inaltranasCompanies CHUBB PRO LAWYERS ' h10 Winos, . .y 07050 PROFESSIONAL LIABILITY . DECLARATIONS FIDE*AL INMINANCII COMPANY A Nock ka ire. . coMpary,Incorporsbod undo V Iowa of Indac+a.Iwah diode*Gamy Cooke+Canty,251 Near Wolk Sub,1100 IndiarrpoM,N •11127 • 1 Poky Numbs 6501-2542 14OT10E THIS IS A CLAWS'MADE POLICY,WISCIf'APPLIES OILY TO"CLAIRE"PERRL MAO DUIRSlO• THE."POLICY MOO,* ANY EXTENDED REPORTING PERIOD THE IJIMT CF TO PAY DAMAGES OR!1 ITfl. 1 O#R'ITS WILL 1*RIMUCIO AND MIRY SI E011111dTET/ BY'd t ST>t... ARO'DEFENSE COWEN WILL.=APPLIED AGAINST TfE RITe11TION AMOUNT. N NO . . ' THE. COMPANY BE MOLE.FOR"DEFENSE COOTS'OR te AMOWIT OP ANY JUDGMENT OR I 91 EXCESS OP TILE APPUCAMLI LIMIT OF LIAUIUTY. THE COVERAGE AFFORDED UNDEA'T11 "POUJCY • DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. READ THE ENTIRE POLICY CAREFULLY. ITEM 1. FIRM-NAl.EANO ADDRESS: Waldemyar,.. , &eaves,PA 600 East K�y Ed, Subs 200 Tamps,Fl.3360F REM 2. PREDECESSOR FARM(%;).NAME MO ADORES& WA . ITEM.3. POLICY PERM' (A) Inusplan Dab:August 1.2006 , (B) E:91r .COW August 1,2007 at 11L1/1 a.m.bow doles at the Addhus In ITEM 1. REM 4; LIMITS OP LlAIIILUTY(Irrdualva d Dam=Costly: (A)$ 3:000,000.00 madrrnan*akar IOW each halos (5)$ 7 500.00 madrnrh'a00mslo Rai d lsbSty under Ha Polly for al dsolppnsry and (C)$ 3,000.000.00 maidmurn a0 Int d May under'Ws Poky tot d,CMinIL ITEM 5. RETENTION AMOUNT: $ 0.000.00 sacA Clakn ce RMsWd China. • ITEM 6. EXTENDED REPORTING PERIOD: (A) Addlloral Psrbd (B) Addldonol Pmntkae .1 Year. 150%at Annual Pmelurn 2 Yssr NLA%d Annual Prostult: 3 Year WA%at Mrruai Prsrriur+n • ITEM 7. PENDING OR PRIOR RATS:N/A,at 12:01 a.m.at k,a Adana M ITEM 1. REM NL PRELIM, 14-02-9303(Ed.0412004) Paps 1 of 14 16K 15 • CHUBB.PRO LAWY#RS PROFESSIONAL LIABILITY Mau Dooloritiona,the-oonottotod Wiped Applicadon and 0100006y:with 6106,9081""itI imniltibils the rontnict botasin is Imunidind the Company. ki'Anon*WC.* i.Comp , iuthJI Pott haid gib Podgy la be atentd by Its authodrod elms,but It al not bo void onion ahnokinad by a duly aulhorkadropranneally•ye*Camas* PEDAL NIURAPICIE COMPANY ar44 .- ti,Aes44k4 e‘fijoiCI • . . Wsn swam. • 14-0243c0(Ed.0412C04) Pap 2 of 14 1 &K1$ _Ji5_- 211i ,.... •�4CORQ. CERTIFICATE OF LIABILITY INSURANCE OMIT iunosed Instus•••Associates alLr `' TMt P.O.sox sleet . . ),Dina. �bq� +uMse�OR T n 1 t ALTIA1Nt•.^• • AtF01t1Qesif.TNe}pL70A!!�)" US 1a•a20e , sesuttan AF+roesrn aovtluoe NW.. wowencr.Tfvoilars Mignon*Compaq•f et.' 211112IAskMayor,ensolear•to twos,PA rueettesne Teswiws btdeennty C - .-- : • SO0 E Ktinnody Blvd • • moo*Tnwl•es Crswlly and lur,g►On ' • 40ee ' awe.Zoe . . .tinol,FL. 33602 wur•e/t mums C OONO :f /�OMitk t�µyl�TOThsm IeowNro, OWFOR nit tTA16Oo�cATlRnn OtittnitioTtinnT��1[ MJ1p����q~' Am rear ,matnats�onta � arrret r/1011 A►x uw7ieiOKOsscinio i0 Aot MONO MO*007.USC SANG %1IOiAOF rCL OCILnOORIOnTtcrnflM+ow4WO,IltriM 1OM=IST pop owns. itBEN tvFOass.uNes eouarrwsw -140211/41"931$52* u.,,v._ A AmmaLuasturf $i0HLTITOSTCTOT 05A11Oy 0$M1/00 X COtM,s 1COL ....r _ CLAY e1UJ o .4.00,-........• ,/ell�oi 4savnano ova ,rai l•r.,yOs s9ae 12101.000 ontL aeru�w•�seeeee l�ta+ee•oDes(ortg� amg.0a "l fLuo A natgrzum4,v e$1$1LaITelTC1'ol oval* Iowa ="s"4! ste00.Qae ANY sato AL 011•40 MOO . r �na.e�tne, Oe •Kfilg tat atv "�is • .r.X waa„nomos I �. ...-.. .. . ._ - ".. s .... ueimam ,Neoax•IAA000a,ra 7Male NM e o ��� 4CU►eotTYT51UDe1 0IAl1/0T 0110110$ ,ocaupoRleam ' $1,000.000 • ooa+tt wtoss HJI>AAtO• OSMIUM ,' *MOON int. C winomor toer revue,- 'U$4ILOIM407 0~7f �O4AAUss •X'L '1 1c 11•0111 en+ � _ ta.farm'mum T__e1 �- _ moo • ouodrnakcoannano,rJu3aaroutrnratelorwuoesrooww-ownareRtweeSLm.m .r REt RFP 00,•4047 Ih1UtsnM DCensh.Legal t•nbcs. . Citing*,Hold*M oddMfonsl Mowed as mp•oIs to 1 w Osnoil Usttttlty. meterms Hawaii g cj.At1os swot,WMer1,s rrrerIC mums i[ewMYtarrworm-wiu,or Coiner County owe e>~onnanasrmum wu.-raa!oantiwi.30_ ono*I vtoi yowl of County Cemrotoston.re tonosyaes crttmaen waort NAreTO us Lary Sin DAU r TO re SO ewtu Na4A•.FL noon Imo oa+sA, neon ,trswr-i-uMOSMAUI.MOAawna ACORO 21(X010$)1 of 2 es/420041M142003 LJW •AMID coaPoyaminif 1osa \Ai 16K 15 • . . . • IMPORTANT • If Cho *silica* hold.ra an nornowt INSURED.lbs poilsyQW must Id extend.A sbrtamwR on frll altos*don nol valor Midst Ihs osrokMi hotdr In'au of such +t(s). If SUBROGATION 18 WAIVED, auq bt to lbs dans 4nq condlorr of tho poloy,owtstrt paldss day *wino an sndors.nwl. A .afrn«k on ha sit doss not ow*Aptrls b•Vis o.Al slo holdr In Mu of such sndorssmsnCs). DISCtABIBE t• - The Condo* @flr*.nnoo on tbo rrr.s.Ids of MJ.fonn dooillbt aonof s s aonbiot bMwan. to Issuing.fnwr.r(,). swiorhssd mpn..nbNlw or prodro+r,and IJ,i owed.*holder, -nor don R Nhm'islvsly,or nap**sm. Wendnd, .nd or ally IN*way Mladwt by M pold.s ansd meson. • • ACORD U4(2001161) 2 of 2 81142SO4/11u2s0$ _ t&KJ5 . • . • AMENDMENT TO AGREEMENT FOR LEGAL sraviors THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES le Contact No.06. 4047 Eminent Domain Legal Services is entered into on the below date by Coiner Coad Florida, a political subdivision of the State of Florida, throw Its Board of County Commissioners, hereinafter referred to as the "County'and Brickletnyer, Smother a Bohm, 500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602.(hereinafter refined to u "Counsel'). WITNESSETH WHEREAS,on April 24,2007,the County and Counsel entered into as Agreement(tire "Agreemenf)wiserein the County agreed to retain Counsel to provide profes clonal spedalind legal services in connection with the acgalsida, of real property through aninaat domain proceedings;and WHEREAS,the professional services to be rendered al swilled in paragraph 13 of the Agreement Is for a two(2)year tam with two(2) additional renewal tarns of one yew per each term;and WHEREAS.the original term of the Agreement.Including the renewal terms,will expire on April 23,2011;and WHEREAS,the pasties wish to amend.the Agreement to extend the term of gamic,at the existing rates for providing these specialized legal services for an additional two (2) years commencing on April 23,2011. NOW,THEREFORE,in consideration of the mutual promisee and covenants contained herein,the parties hereto agree to amend the Agreement as ibllowss 13. Unless terminated pursuant to Section 1 I,this Agreement shall be!bold at @se c ureet sate of ooTmnaadass kr a JD additional two of two (2) ran* Aviil,A, 2011_and ten tint ea April 22s 2013,Tie-,Aprauinnt IN WITNESS WHEREOF,the parties have a tecuted this Amendment to the Agreement on this „'Ztr day of January,2011,with the intention to attach this Amendment to the original Agreement. 1 EXHIBIT B . . . ,,cArt --------- ----'- . . . . colocissotas \" \ soto 01 S.?egf 101DX Calleit" - 1 .1 . pot ertf% i.`144 * . ......• , ••-•1A 61..v-.• VT' • ..4:..tt•'flj 4.sk 9-r, • vi cost— .'4 t A,:_ • \ Astl'... •1: foti.: ': r. cusk . _.,,,,. ....d..,,I• ' \ ..-.Tis,..q0.0....,... ,a _......a. ow-- Nvr"-—,citottyl ‘... ii:::: , 7. ' \ \ .100 . -d • .1,71:1t: - Attaisey Dert'i e's4/. , \ " • ' te 4111.4.J11146 Vv.'' • 't4 • littea • , e , • ' • - - S. 41 '.' ' °..' OffiVZ \ \ .trecptitti4, ;40.0s, a / ' '4,16 stitu0 4.-- -14"•."-"" 1 , , •,40::... . \ ig .. ,.„1.,-. .,.. .... - i • pP— Tier. \ 411 a it . itlinle \ \ 'T •' '' et "' - \ \1\ , ., \. 2 \\ R 'I. ,_._.. ..--- 16K 15 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 CoutJty 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 Cot) 16K 15 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, I F COUNTY/COMMISSIONERS DWIGHT) ,:BRt .Clerk COL ; CO/UN FLORIDA By: • ., w- 7 By: - 'ttast as to Chai ,.. 's=Deputy Clerk Georgia A.Hiller,Esq.,Chairwoman signatyreonfie':' '' Approveditto'form and legality: E;,),t/l;AL.1,4 ?,,e4;)'1 Emily R. Pep Assistant County Attorney Smolker,Bartlett,Schlosser,Loeb and Hinds,P.A. Counsel / 4 L�. ',- AV -41/A,//t i_ By. '' fitness ame: Jeffrey L. Hinds, 'sq. • cZ�J V 31.4/We Title: ` • Typeiptint witness name H '<e-1 `IJ a dr-Avr— Second Witne Slatc or r-iL.,t:,a County of COLLIER Type/print witness name I HEREBY CERTIFY THAT_,10js;Fs; drue and correct copy of a docurenionfite'in iit,. Board Minutes and Fcord, blrOoltier Codt}ty, WITNESS my h d►and atrial seat this 3�,�,,f kitkday of U,17; ti t .,. cilIGHT E.BROCI�'40K OFtcP:r� S' '. t.m.i5t/t. Page 2 of 2 0 16K SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06-4041 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 Brkldemyer, Smolker & Bolves, 500 East Kennedy Boulevard, Suite 200, Tampa,Florida 33602(hereinafter referrtd to as"Counsel"). WITNESSETH WHEREAS,on April 24,2007,the County and Counsel,entered into an Agreement(the "Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal services in connection with the acquisition of real property through eminent domain proceedings;and WHEREAS, after negotiations, Bricklemyer, Smolker & Bolves rates have increased slightly over those previously charged in the prior contract. The proposed agreement also continues to provide for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes. WHEREAS,the professional services to be rendered es..apocified in paragraph 13 of the Agreement is for a two(2)year term with two(2)additional renewal terms of one year per each terra;and WHEREAS, on January 25, 2011, the Board of County Commissioner, 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 mutualpromises and covenants contained i herein,the parties hereto agree to amend the Agreement as set forth below. 1. Paragraph 2 of the Agreement is hereby amended es follows: y I 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 UMW $225,00 per hour for all trial work and $290.00$225.00 per hour for all non-trial wodc. Counsel shall be compensated at$90.90 S115.00 per hour for paralegals providing services hereunder, 2. Paragraph 13 of the Agreement is hereby amended as follows: EXHIBIT C 16K5 . . • 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,a044.nu and terminating on April 22,3043 241.5. 3. Except as modified by this Second Amendment,all other terms and conditions of the Agreement.shall remain in full force and effect. If there is a conflict between the terms of this Second Amendment and the Agreement, the terms of this Second Amendment shall prevail. • IN WITNESS WHEREOF, the parties have executed this Second. Amendment to Agreement for Legal Services on this 22„Mday of January, 2013, with the intention to attach this Second Amendment to the original Agreement. AS TO T 193..CO ATTESIt • BO• : OF COUNTY COMMISSIONERS D WIC 1T•P13:. ?Jmt�K Gi jik.• COL . • C e , e IVDA By: a1 -„'ti`- ?� By: 1t,Uct 'TTA t atYf41*edc G A A.HILLER, ESQ. , CHAIRWOMAN tf�••mrd dw ; I t gr1sturt .001.4 , • A.,. _.:as to`f.., d le:. •ei,y.n I Scott R.Teach Deputy County Attorney AS TO COUNSEL:• Bricklemyer, . 'a titer •• Bolves 0 ,sc=24wri /.4484 By; • itness N• Jeffrey L • nds,Esq. • • %/al )4l-1,4” Title: 01 l it Typelprint witness name CL Send Witness •tr c-.+ SM t+h n V. Type/print witness name 2 16K 15 16K ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of Apr I 2-b�,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 l of 2 I L P`. 16K15 16K 1 .� FOR COLLIER COUNTY: . ...... .... ATTEST"''•to q 00 BO. • II OF CO Y COMMISSIONERS DWIGI4 tB'RO(K4.filerk C LL I ' CO ,FLORIDA ~/ By: 1C4 .a/P4. ' Attest . eornr^r :" ; G3,ra '.Tiler,Esq.,Chairwoman signature O%ty; 14:' �V?. Approved as to form and legal suffici c . By: 42 ie T.Wright As- ant County Attorney FOR THE LAW FIRM OF SMOLKER BARTLETT SCHLOSSER LOEB&HINDS,P.A. ff s By:7211/'"_""" Jeffrey L.H' ds,Esq. Title: S �1 if Date: ?L( MoJA% t 3 STATE OF FLORIDA COUNTY OF The foregoing As porA�a t w ac owled gii before me this Zy day of MO.-CL ,2013,by � ti-fit i... r e,o He igmagnallyjoAluguag or produce7 as identification. 1 * j Signature of Notary Public knsailrocZascalmvittan Feb�IM1ewn 4. F.4,-,7„,/e .1._ Name of Notary Public(typed or printed) My Commission Expires: 04COA-01138/1930 Page 2 of 2 16K15 tif 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 refen-ed 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 tenn 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 he 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 . •• ork. Counsel shall be compensated at$4-1-5,00 $135.00 per hour for paralegals providing services hereunder. [04-00A-01158/1141480/1] 1 n,„ 16K 15 0 ,, ir ;" 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 2,44\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 DWIQHT E.43ROCK,Clerk COLLIER COUNTY, FLORIDA 41.0......... li 4.- j jm1/4.0.ift,'' ,,, . By: ttest as to:diaranuty Clerk -I-1 ivi ta A 4C.t,CHAIRMAN onft"'Yr, Approved as to form and legality: ni5t Je er A. Bella . o -.) Assistant County Attorney 0j, yk <24 .2,\.5 AS TO COUNSEL: Smolker Bartle. chlo r Loeb &Hinds , / o " .,* By: e 0 1":„...it_ , is First WO ess .1. Name: Jeffrey L. /1" ds ......,, . .„,,,, e: 1 Titl Type/pri int1 i e 'i -5 J,. e i f/fir' SF aeltness 1,1:44111 77 ice41,..fr-J—ar., Type/print witness name [04-00A-01158/1141480M 2 CZ) ___ __ 1 6 K 15 ,- .• t.,,,,, I : V1,14( SIad ,,) BY 4 /2 , .,. i ' t With:At ( Name: Shannon SheppWPresident, Pr . I Title: r rcs 1 441-t-41+ Type/print ......001 1 r See! : , titrss f /Ye*71 Vt4i31441,-- '''' - Type/print witness name [04-00A-01158/1141480/1] 3 an