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Agenda 02/24/2015 Item #16K1 2/24/2015 16.K.1. EXECUTIVE SUMMARY Recommendation to approve Third Amendments to Agreements for Legal Services relating to Contract No. 06-4047 Eminent Domain Legal Services with the law firms of Fixel & Willis and Smolker Bartlett Schlosser Loeb & Hinds extending the expiration dates to April 22,2017. There is no new fiscal impact associated with these Amendments. OBJECTIVE: That the Board of County Commissioners approves,and authorizes its Chairman to sign, Third Amendments to Agreements for Legal Services relating to Contract No. 06-4047 Eminent Domain Legal Services with the law firms of Fixel & Willis and Smolker Bartlett Schlosser Loeb&Hinds extending the expiration dates to April 22,2017. CONSIDERATIONS: On April 24, 2007, the County and Counsel entered into Agreements (the "Agreements") 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. The professional services to be rendered as specified in paragraph 13 of the Agreement was for a two (2) year term with two (2) additional renewal terms of one year per each term. On January 25, 2011, the Board of County Commissioners amended the Agreements by extending the terms of service an additional two (2) years to April 23, 2013. On January 22, 2013, the Board of County Commissioners amended the Agreement to extend the terms of service to April 22, 2015. On February 11, 2014, the Board of County Commissioners entered into an Assumption Agreement with Fixel & Willis (formerly known as Fixel, Maguire & Willis). On April 26, 2013, the Board of County Commissioners entered into an Assumption Agreement with Smolker Bartlett Schlosser Loeb & Hinds (formerly known as Bricklemyer, Smolker & Bolves). The proposed Third Amendments extend the terms of service for these specialized legal services to April 23,2017. The rates for Fixel, Maguire & Willis have not changed. The rates for Smolker Bartlett Schlosser Loeb & Hinds have increased. Presently the attorney rate is $225 per hour and the paralegal rate is $115. The Third Amendment provides for an attorney rate of$265.00 and a paralegal rate of$135.00. The proposed agreements continue 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. FISCAL IMPACT: There is no change in the fiscal impact portion of the Agreements. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Third Amendments are approved for form and legality and require a majority vote for approval. -JAB Packet Page-783- 2/2412015 16.K.1. RECOMMENDATION: That the Board of County Commissioners (Board) approves, and authorizes its Chairman to sign, Third Amendments to Agreements for Legal Services relating tTh to Contract No. 06-4047 Eminent Domain Legal Services with the law firms of Fixel & Willis and Smolker Bartlett Schlosser Loeb&Hinds extending the expiration dates to April 22,2017. PREPARED BY: Jennifer A. Belpedio,Assistant County Attorney 04-COA-01158/4031 2 Packet Page-784- 2/24/2015 16.K.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve Third Amendments to Agreements for Legal Services relating to Contract No. 06-4047 Eminent Domain Legal Services with the law firms of Fixel &Willis and Smolker Bartlett Schlosser Loeb & Hinds extending the expiration dates to April 22, 2017. There is no new fiscal impact associated with these Amendments. Meeting Date: 2/24/2015 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 2/4/2015 10:56:36 AM Submitted by Title: Assistant County Attorney, CAO General Services Name: BelpedioJennifer 2/4/2015 10:56:38 AM Approved By Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 2/5/2015 8:39:52 AM Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 2/11/2015 9:11:48 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/12/2015 9:17:37 AM Packet Page-785- 2/24/2015 16.K.1 . Name: OchsLeo Title: County Manager, County Managers Office Date: 2/16/2015 12:44:04 PM Packet Page-786- 2/24/2015 16.K.1 . THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06-4047 Eminent Domain Legal Services is entered into on the below date by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and Fixel & Willis, 211 S. Gadsden Street, Tallahassee, Florida 32301 (hereinafter referred to as"Counsel"). WITNESSETH WHEREAS, on April 24, 2007, the County and Counsel entered into an Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal services in connection with the acquisition of real property through eminent domain proceedings; and WHEREAS, the professional services to be rendered as specified in paragraph 13 of the Agreement is for a two (2) year term with two (2) additional renewal terms of one year per each term; and WHEREAS, on January 25, 2011, the Board of County Commissioners amended the Agreement in order to extend the term of service to April 23, 2013; and WHEREAS, on January 22, 2013, the Board of County Commissioners amended the Agreement in order to extend the terms of service to April 22, 2015; and WHEREAS, on February 11, 2014, the Board of County Commissioners entered into an Assumption Agreement with Fixel & Willis (formerly known as Fixel,Maguire& Willis) WHEREAS, the parties wish to further amend the Agreement by extending the term of service, at the existing rates,an additional two (2)years commencing on April 23, 2015. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree to amend the Agreement as set forth below. 1. Paragraph 13 of the Agreement is hereby amended as follows: 13. Unless terminated pursuant to Section 11, this Agreement shall be extended at the current rate of compensation for an additional term of two (2) years commencing on April 23, 2015 and terminating on April 22, 2017. 2. Except as modified by this Third Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Third Amendment and the Agreement, the terms of this Third Amendment shall prevail. [04-C0A-01158/1145770/I] 1 Packet Page-787- 2/24/2015 16.K.1 . IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement for Legal Services on this day of February, 2015, with the intention to attach this Third Amendment to the original Agreement. AS TO THE COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN Approved as to form and legality: t Belp&lio A. Belp o Assistant County Attorney ti AS TO COUNSEL: Fixel & Willis tit 4 11C- d t' t By __40"101j116 First Witness ' .� N. r aig Will , Esq. ( ii / J 7- �1 f tc\ii Title: n.) (- Type/print witness name Second Witness N 1. 2< « t Type/print witness name [04-COA-01158/1141462/1 J 2 Packet Page -788- 2/24/2015 16.K.1 . ' Contract 014047 Eminent Domain Legal Service AGREEMENT FOR LEGAL SERVICES Vq THIS AGREEMENT FOR LEGAL SERVICES made and entered into this PIS _ilidQ ' day of F, b ` t, 2007, by and between the Board of County Commissioners, (hereinafter referred to as the "Board' and/or 'County'), and the law firm of Mel, , 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 1220.00 per hour for non-trial work. Counsel shall be compensated at$55.00 per hour for•paralegals providing services hereunder. • Packet Page -789- • - 2/24/2015 16.K.1 . i 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 Counsels 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. 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 Uability insurance requirement shall be attached to this agreement. 2 Packet Page -790- 2/24/2015 16.K.1 . The Consultant shall provide insurance as follows: A. Commercial General Liability; Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Businatt Auto Liability; Coverage shall have minimum limits of$500,000 Per Occurrence, Combined Single Limit for Body Injury Liability and. Property Damage Liability. This shall include: Owned Vehicles, Hired and. Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensatlori: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' 9 p yens' l..iability with a minimum limit of $1,000,000 for each accident. 1 Special Reaulrernents: Collier County shall be listed as the Certificate Holder and included as an Additional Ipsured, on the Comprehensive General Liability Policy. ^, Current, valid insurance policy(ies) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s)on any such policy(ies). There shall be a thirty(30)day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall Indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement This indemnification obligation shall not be construed to negate, abridge or reduce any other • 3 '/ Packet Pare-791- __ 2/24/2015 16.K.1 . rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws ' governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and Jaws of Collier County,of Florida,or the U. S. Government now in force or hereafter the heroafter 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 Co written consent. County's 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 Packet Page -792- 2/24/2015 16.K.1 .7 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. • I 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: ( 4 O BOARD OF COUNTY COMMISSIONERS OF ATTEST:- ' • t;t.14• COWER COUNTY, FLORIDA DWIGHT ="�4(�Ptglerk. , :10 f James •'7;,, airman (1), 414//1 y .4- Fixes, Maguire&Willis ..// Signature &LI S Printed/Typed Name �'► & , By: sir `•. (2) ' AfiYell Mrtr4•;ru.7-- Printed/Typed Name Approved as to form and legal sufficiency: Jennifer A. Bel.; Assistant County Attor ey s Packet Page -793- 2/24/2015 16.K.1 . 05/25/2007 13:24 FAX 850 224 8413 JOE VILLIAMSON STATEFARM 14 001/002 ", CERTIFICATE OF LIABILITY INSURANCE """"" 0I • os/2s/2oo� T1 i tn;. I ! ., ,• • ; J.k•:•-.1�.>' T ONLY ARO COWERS IRO MOM WON . THE CfRTU10 OR _ T*.�r.�a.. Pt 32303 MOLDER. THIS CtRT117CATE Don MOT AMMO, fxT[110 OR ALTER TMt COYIRAOE AFF9RD(D 0Y THE POLICIES EEL- . I swam •�• — INSURERS COVIRA�O[ MUC• swim ft its: e:ila Iaau' 109 8r i RLIa=2111 � M rrtaNDRState son rims old 4fosltr Camay 2}14} ll TALLASIA8SITC. 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If SUBROGATION 13 WANED,stied to the I mre and minces d the poi*ced in weir nay require an endorsement A eteten»nt on this certificate doss not confer rghte to the oertl&4s holder In lieu of suds endorsement(s). — The CertUlceh.ci Insurerroe on the reverse side of Ns toms does not=AIM•contract between the wsulnq Insurer(s),authorized rspreeentell s or producer,and the cancels haidsr,nor doss k eltirrnsevely or netydNely mod,attend or ever the coverage elbdsd by*e poetise bled thereon. I 1 1 (-1 1 i 1 I ACORD 25(30.1.0e) I i I ■ Packet Page-795- 2/24/2015 16.K.1 . FIXEL I MRGUIR£ Fax:8506819017 May 24 2007 13:52 P.CO rem:maw*town Pt RON Pev a 000,Vilx0o re Ysre s VAN DM frl3XO1 ot:17nt P•••Y• 11.0211/2„ CERTIFICATE OF LIABIUTY INSURANCE tey.:4:3111.1116701 MIMS asfaslr alot•I, VaagIda TiataalYmYA OILD a01Mi71a 77 Ibraavi Us. ATO t iaa, f w rns ras�s� i8 ■ Pam*ttia-33/•1121 Pax:eio•isi-.sr • ______ l•00NRAall mat0 MAW OMNIA U ap0018t1 Sai aa= asap! 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Trail WON so11•UeUwMLASW0NO aPdfrlldarAOR0 MOM se 1111!1•11 1% 8411u wrimis . 3CO2021 f2604211 'MOOD CDRPORall0NHO• Packet Page -796- - - - 2/24/2015 16.K.1 . FI)¢L & htfl6llIRE Fax:8506819017 May 24 2007 13:52 P.03 • mPa mamma slob.K own Peck imam wow vsigiws TO fit,Yy+ts 6 Wad Orr same t sr.rs rM now•be• • • IMPORTANT It tar antic**holder Ile en AMMON&INStM the poicy(tss)must be endorsed A etatennent on this c er1Mioete does not coder rights to the oedema holds,In Ilea of such endo►eMrwRlq. If 13U0ROGATION I9 WAIVED,subject to the terms end conditions OM poroy,certain pock mey require en endorsement.A etateMent on this oedlMts don not eon*nips to tno oertleoste holder h hu of such endorsemen<(e). aaaorAtllot T s Certnoete of!neurones on the rimers side of he!am does not sUuta dam a d s the lowing krrw(e),euhortted mpreesntet re proier,end C oat holder,affirms**Of negatively emend,elslnd or altar the cameo Worded by the WWI*listed thereon. • `atom;la Minn Packet Page -797- 2/24/2015 16.K.1 . • • • . , • . • • . • . . • - • . . . • . . . . . . , . . . . • • AMENDMENT TO AGREEMENT FOR LEGAL SERVICES • THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Connect 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 •;.1 • Commissioners, hereinafter referred to as the "County" and Pixel, Maguire & Willis, 211 S. i • Gadsden Street,Tallahassee,Florida 32301 (hereinafter referred to as"Counsel"). . . •. .. .. . . • -: . . • • . • • . • . • . . . . . ' . . • • . . . •. • . ' . • . • . • • • 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 fate 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 Apri123,2011;and . ., .. • . • . . . . • , . • ....". • V/HEREAS,the parties wish to amend the Agreement to'extend the term of=Vice at the • .' - -... . existing rates for providing these specialized legal services for an additional two (2) years coaunencing on April 23,2 , , 011. . .• •. . . I • . . . • NOW, THF.REFORE, in consideration of the mutual promises and covenants contained ',..••• herein,the parties hereto agree to amend the Agreement as follows: . . . • • • 1 • : 13. Unless terminated pursuant to Section 11, this Agreement shall be giunksi , • . • • aLthe_sxmountsilssamsnawn for a rj of In_addwap two (2) yearsr .rdingaaging-21L6 -1111M-Ing-iamillall t_tenn ag..on_Aneu_22,aga ;/167411."`Plet • . _ . . . ' -7---cvuree?-w-48.946111÷-prialP44,-061,41116011-0(--thill AgPOORWRir : - • . . .. • IN WITNESS WHEREOF,the parties have executed this Amendment to the Agreement on this LS day of January,2011, with the intention to attach this Amendment to the original Agreement. • • . .. , . . . , . • • , . • . • , : . . . .. • . . . . • • • ... . . . .. • . . . • • . ... • . . • . ' 1 . . • . . • . , • ' • . . - • . • • • • ,---4\ . ,..• Packet Page -798- 2/24/2015 16.K.1 . • ATTEST; • : .�,�a �. BOARD OF COUNTY COMMISSIONERS DWIGHT 161110CX,'CIeik COLLIER COUNTY,FLORIDA • " 'LLA. 14. CY‘a)st, ... • , . • By:•• _ . ,.1, :1 By; '.Y"t7•Clerk FRED W.COYLE,Chairman Attgt 11 i , . APPraad , le.• 1". cieney� . R.Teach • Deputy County Attorney . • • • • Met,M.agaire&Willis i Counsel d �� . �- N. raig Ilia,Eeq. — • NIA/4 S. 7 4/ At Type/print witness name . • • A sao mess Type/print w tress name • • • • • • • • • • . • .• 2 Packet Page-799- 2/24/2015 16.K.1 . �"1 FIXEMAG-01 TODONNELL ACORD' I DATE(MMroorwrn I �.� CERTIFICATE OF LIABILITY INSURANCE 1a1/21114I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATTVELY 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 N iME Tins O'Donnell Legacy Insurance Solutions,LLC PHONE 850 894-2333 FAX 850 894-3129 3500 Financial Plaza WC,Mo,e,al;( ) (A/c,No):( ) 4th Floor ADDRESS:todonnelIQbyacylnsllc.com Tallahassee,FL 32312.9999 INSURERS)AFFORDING COVERAGE NAIC I INSURER A:The Hanover Insurance Company 22292 INSURED INSURERS: FIxel and WIIIIs 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" ADDLISUBR- LTR TYPE OF INSURANCE INSD INVD POLICY NUMBER IMMmot YYYI IMMM 100f YYT) UNITS COMl MERCIAL GENEL uAa1LITY EACH OCCURRENCE S CLAIMS-MADE RAt I OCCUR DAMAGE TO( e) t '— MED EXP(Any one person) S PERSONAL it ADV INJURY $ —I GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE f POUCY 1 J JE 0. n LOC PRODUCTS-COMP/OP AGO i OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea aSentl i cci ANY AUTO BODILY INJURY(Per person) f ALL OWNED SCHEDULED AUTOS _,AUTOS BODILY INJURY(Per accident) I HIRED AUTOS NON-OWNED AUTOS • IP a dint)DAMAGE i S UMBRELLA LIAS I OCCUR -- l�— MADE EACH OCCURRENCE f EXCESS LAB CLAIMS- AGGREGATE i DEC RETENTIONS WORKERS COMPENSATION �p I AND EMPLOYERS'LABIUTY YIN I STATUTE I I H• OFFIR/MB ECLUDED?PROPRIETOR/PARTNER/EXECUTIVE �-i N/A (Mandatory In NH) I J r E.L EACH ACCIDENT t H Yes,deeonbe under E.L DISEASE•EA EMPLOYEE I O ESCRIPTION OF OPERATIONS below A 'Professional Llab I E.L.DISEASE•POLICY LIMIT i LHC9808985-01 01/01/2014 01/01/2015 Each Claim 1,000,000 A Professional Llab LHC9808985-01 01/01/2014 01/01/2015 Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES IACORD 101,Additional Romanis SclreduN,may be Meshed N more segos Is rugWnd) ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For insurance Information Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRISES/TAME TAE ��gs,•-■ , I w � 0 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Page -800- 1 2/24/2015 16.K.1 . SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06-4047 Eminent Domain Legal Services is entered into on the below date by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners,hereinafter referred to as the"County"and 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 23,2011 2013,and terminating on April 22,2.04-3 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 ZZr.k day of January, 2013, with the intention to attach this Second Amendment to the original Agreement. Packet Page -801- _- 2/24/2015 16.K.1 . AS TO THE COUNTY: ATTES "' BOARD OF C n LINTY COMMISSIONERS DWIGI T ,BRQCJ Clerk COLLIER 0 • , l3y:r. •• ` / - By C1 ,k %1`.ttit•fdt;to CQ4214ctr {r Z, GEORe�A A. HILLER, ESQ. , CHAIRWOMAN l{;n d t ur'i ? 4_• Approved as to form and le cien cott R.Teach Deputy County Attorney AS TO COUNSEL: Fixel,Maguire&Willis B trst Witne � �y4— N . Craig Wi is,Esq. cc c-1.1 Type/print wt C93 name Title: Second Witness Type/print witness name stares O: i t AIDA :ounty of COLLIER I HEREBY CERTIFY THAT this is s trite nit :orrect copy o f a oo cu 1 •4!BUa!d 1in�tf , ... TeIlr t County, r Tq,ros rrtyc,;— 4oa f )WiGHr E. a cfc, ; C•ERM:O F ', :. � L. �� r. •2 Packet Page -802- 2/24/2015 16.K.1 . • ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of re(.rue.fi j _,2014,by and between the law firm of FixeI & Willis and Collier County, a political sit 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 Iater 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. I Packet Page-803- 2/24/2015 16.K.1 . FOR COLLIER COUNTY; ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER CO , FLORIDA • . 14P.D ?s • ' T om Henning,Chairman• Approve(as to; ' ii legality BY: ��rial ' ' V+ Emily R epin Assistant County Attorney FOR THE LAW FIRM OF FIXEL & WILLIS WITNESSE a / By: ,� . g Willis, q, l . hieriS1 Tide: .a•t'V•4 e1. Pri Nam Date: rk ;or,aar%\ L Cott--k Print Name I 2 Packet Page -804- 2/24/2015 16.K.1. THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06-4047 Eminent Domain Legal Services is entered into on the below date by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and Smolker Bartlett Schlosser Loeb & Hinds, 500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602 (hereinafter referred to as"Counsel'). WITNESSETH WHEREAS, on April 24, 2007, the County and Counsel entered into an Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal services in connection with the acquisition of real property through eminent domain proceedings; and WHEREAS, the professional services to be rendered as specified in paragraph 13 of the Agreement is for a two (2) year term with two (2) additional renewal terms of one year per each term; and WHEREAS, on January 25, 2011, the Board of County Commissioners amended the �-- Agreement in order to extend the term of service to April 23, 2013; and WHEREAS, on January 22, 2013, the Board of County Commissioners amended the Agreement in order to extend the term of service to April 22, 2015; and WHEREAS, the parties wish to further amend the Agreement by extending the term of service, at the existing rates, an additional two (2) years commencing on April 23, 2015. WHEREAS, after negotiations, Counsel's rates have increased over those previously charged in the prior contract amendment. The proposed agreement also continues to provide for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the Agreement as set forth below. 1. Paragraph 2 of the Agreement is hereby amended as follows: 2. For all land acquisition and eminent domain work performed by Counsel, the Board, through the Office of the County Attorney or the County's Transportation Division, agrees to pay counsel as compensation for legal services at Counsel's rate of S-22-5.00 $265.00 per hour for all trial work and $225.00 per -. . Counsel shall be compensated at S4-15-90 $135.00 per hour for paralegals providing services hereunder. [04-COA-01158/114148011] 1 Packet Page-805- �... i I2/24/2015 16.K.1. 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 Ageement shall remain in full force and effect. If there is a conflict between the I 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 day of February, 2015, with the intention to attach this Third Amendment to the original Agreement. AS TO THE COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk TiM kJ^,ICE, CHAIRMAN Approved as to form and legality: • Jen> er A. Belpec 4o Assistant County Attorney ,Q7`�\\4 2 AS TO COUNSEL: Smolker Bartle 7er Loeb & Hinds By: �` " First W�1tiless Name: Jeffrey L. H' ds e a.-1am \rei Title: 5\101,40f ! ' Type/print <,'4, -•s .me ir// M S.fsr . 77tness /Pier/I: iti Wer Jr. Type/print witness name [04-COA-01158/1141480'1 j Packet Page -806- -, Pr- _ 2/24/2015 16.K.1. v BY: .Al c�, I.. I. L` , t W� Name: Shannon Sheppa I President, _111 , Title: preside- + Type/print f'n` • •re 1ff Fiki Se " 1 1trss /P et fl \n ` A /ék—\7 . Type/print witness name I I [04-COA-01158/1141480/1] 3 Packet Page -807- 2/24/2015 16.K.1 . • Contract 06-404T Eminenl•Domain Legal Services AGREEMENT FOR LEON-SERVICES THIS AGREEMENT FOR LEGAL SERVICES made and entered into if*s 2 day of F , 2007, by and between the Board of County Conxnisaioners, . (hereinafter referred to as the 'Board' anchor 'County'), and the taw ffnn of Brickt coyer, Smolker& Bowes, 500 East Kennedy Boulevard, Suits 200, Tampa, Florida 1.3502, (hereinafter referred to as"Courser). WITNENETH: 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 I + • 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 061ce of the County Attorney or the County's Transportation Division, agrees to pay Counsel as compensation for legal services at Counsel's rate of • $200.00 per hour for all Mai work and $200.00 per hour for non-teal work. Counsel shalt be compensated at$90.00 per hour for paralegals providing services hereunder. EXHIBIT A ca Packet Page -808- 2/24/2015 16.K.1 . 3. The Board hereby sweet to reimburse Counsel for actual costs Incurred Including costs of mailing, copies, faatmites,. telephone expense and document transmittal expenses(e.g.,'Federal Express.,etc.)incurred pursuant to this Agreement, provided that such costa are supported by appropriate documentation submkted 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 k,valCe for services and direct rests incurred by Counsel shall be billed to the County Attorney on a monttny or quarterly basis at the discretion of Counsel. All invoices shal be Itemiaed and contain, as a minimum, the following information: 1) The proper name of the payee as It appears in the Agreement 2)The date of the Invoice; 3) the contract number and name, and 4) The description of services and the time period In which billable services were rendered.All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes-, otherwise known as The Florida Prompt Payment Act' The County shall pay all invoices submitted in (, accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to pay any invoice for consulting services within the time period *Peeled In Section 218.74, Florida Statutes, Counsel shal 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. 8. 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 i the Board under this Agreement. 8. Counsel shalt canyiLawyer'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 1 Ity Packet Page -809- 2/24/2015 16.K.1 . The Consultant shall provide insurance as foliows: A. Commercial General1Jablftty Coverage shall have minimum Ibnlb of • 31,000,000 Par Occurrence,Combined Skigie.Limit for Bodily Injury Uabilly and Property Damage Uabitity. .This shall include Premises and Operatlons; Independent Consultants; Products and Completed Operations and Contractual Liability. B. !Business Auto Uabilitw Coverage shall have minimum imib of 6600,000 Per Occurrence, Combined Single. Limit for Bodily Injury Liability and Property Damage liability. This stafll include; Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Comoensatloee; Insurance covering all employees meeting Statutory Limits in complianoe with the applicable state and federal laws. 31;000,000 for Employers' Liability with a minimum limit of Special Rdaukernents: Collier County shalt be listed as the Certlficats Holder and included as an gain ,! Insured on the Comprehensive General Liability Policy. Current, valid Insurance pollcy(fes) meeting the requirement heroin identified shall be maintained by Counsel during the duration of this Agreement Renewal.certtfic ate(s)shall be sent to the County thirty(30)days prior to the expiration date(s)on any such pollcy(ies). There shall be a thirty(30)day notification to the Board In the event of cancellation or modification of any stipulated stJ insurance coverage. 7. To the maximum extent permitted by Florida law, the ContractorNendor/Consultani shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not'limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the • Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This Indemnification obligation shall not be construed to negate, abridge or reduce any other 3 1 NC Packet Page -810- 2/24/2015 16.K.1 . rights or remedies which otherwise may be available to en hdemnMed party or person described in this paragraph. This section does not perish to any incident arising from the sole 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 en employer with respect to persons empblted by Counsel. Counsel shall also be solely responsible for payment of any and as taxes levird.on Counsel. in addition,Counsel shall comply with all rules, regutations.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 contratd, Counsel will gain knowledge and information as to existing litigation strategies, including pro-litigptln planning, and may be fundamental in establishing future litigation and pre-i ligation 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 expiretionitannination 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 C.A Packet Page -811- 2/24/2015 16.K.1 .. terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately,for pause,upon written notice to Counsel. i 12. This Agreement shaft be effective upon execution. by the Board and Counsel. 13; Unless terminated pursuant to Section 11, this Agreement shall be for a tent of twO(2)years.This Agreement may be renewed for two additional terms of one Cl) year per term lir. on written notice by County to.Counsel prior t expiration of this Agreement IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an autherizld'Pereop or agent, hereunder set their hands and seals on the day and year first.144 viriiieker , • BOARD OF COUNTY COMMISSIONERS OF AtTS/lit .".......-• '-'- COLLIER COUNTY, FL•RIDA DVV14041kierii;'C'terk . A, '• fi ,,4,,.-.'.•••':i ...-• - , ..i - . . ; .:7-.• '''''''''z''':" - .:-' c , By: .din-:■--"Air.es,-.- Ze" • A‘ii"-W. ) .:.1 - James Colette,Chairman WOrtefirt*I:1•; ''''!;'•V• ' . • .,/ •.;:r...•f ..lint, .... (1) .if....a...4:4 41M.T.24 .2 . B IkerricIdemyer,Smo &Solves Signature firr 7'. '-- - e•-•.., . ________ P yped ame • i 1 By: ge,k.A ZdAtt.5", fift (2) I . ,Kt, .y4' ' 4.,fq of 9iree-Gz. Printed/Typed Name • • , I I . Approved as to form and legal sufficiency: \C,LA r:. .„_-/■_.___. Jerfliffer A.BeIpó Assistant County Alt y . . • . s .. / . CD Packet Page -812- 2/24/2015 16.K.1 . j --- III1 Chubb 4roup o f I minima Canpsnles CHUBB PRO LAWYERS VIepReed outturt t�t Wan Ne PROFESSIONAL LIABKJTY DECL A*ATIONS FEDERAL.PMURAMCE COMPANY A u sense aompeny.Incorpcoded under to Wee d Indent,herein mind the Comely poi N�• 8uM 11D0 i PWcy Malibsr.6601-2542 i NOTICE:TFIM IS A CLAW MADE POLICY.M SCH-APPLES OILY TO'CLAW FIRST MADE DURING. THE 'POLICY PERIOD,' OR ANY EXTENDED REPORTING PERIOD: THE 1MTT 13r LI MLITY TO PAY DAMAGES OR saurnimerts 'MILL PS UDUC mg)WY P moms.= BY"DBE OOS'TS. MD"DEFENSE COSTS'MILL BE APPLIED AGANST THE RETENTION AMOUNT. M N EIR O EV ►THE l COMPANY BE UA&E.FOR"CEFENSE COSTS'OR re AMOUNT OF AMY JUDGMENT OR SETTLWEMT POLICY IN EXCESS• DIFFERS IN�E RESPECTS FRO THAT�I UNDER OTHER READ THE EMIRS POLICY CAREFULLY. ITEIA 1. FIRM.NAtEAND LI ADDRESS: . new, -Wye;PA 500 Emit MJMtIy8d. yM Sole 200 Tamps,FL 33302 REM 2. PREDECESSOR 111RM(S)-NAME AND ADDRESS: • NIA . ITEM 3. POLICY PERIOD: (A) Inosplion Dab:August 1,2006 • (B) Evirglan Dim August 1,200T . at 12:01 s.rn.both dales u the Address In ITEM 1. ITEM 4, WITS OF LMIIICftYilndushe d Ddetw Coeur): (A)$ 000,000.00 mNdmutn I d Iibin Mb Chia (8)i 7,300.00 madmen NO d lability undmr Ns Policy for al d ddlitn v and procaKkw (C)$ 3,000.000.00 fr a ezeePir Mt of Way underlhb Poky for el.Chime. ITEM 5. RETEN11011 AMOUNT: 160,000.00 math Chin or RelsMd Oaken. i. REM 6, EXTENDED REPORTING PERIOD: (A) A661ons!Period (B) Addleon,1 Premium .1 YIPS 150%ff Mrs»I Minion 2 Year NIA%01 Annual Prerrtulx 3 Yoe NIA%of Annul PreniuM REM 7. PENDING OR PRIOR DATE:NIA,at 12:01 e.m.alb*Address In ITEM 1. REM 6. PRt NINA= 14-02-9303(Ed.04f2004) Peps 1 of 14 i CA( Packet Page-813- 2/24/2015 16.K.1 . CHUBB PRO LAWYP.RS PROFESSIONAL LIABILITY These D tha aompleted itensd Appian**and Oda fcdloy odth hedensenents shell emeditule the contract batimen Insuted and the Casepeny. In%Anon shared,the Compaq Issehts.Mb Polley has tatemal his Poky to be signed by b authorised °Mous,but It shall not be void union oleo signed by•duly eulhorhed tipresenteent caw Company. FEDERAL INSURANCE COMPANY Prea l'etefs. .6 e'Cli°4131 uovitiv 07/28/013 bete • • • • 14-024303(Ed.0462004) Peps 2d14 S • • Packet Page -814- 2/24/2015 16.K.1 . n AFORO. CERTIFICATE OF LIABILITY INSURANCE a '. h Inswrs.00 Assuslslt. = �`leall� Qi NiD R0.Obll:MU • ALTIlgThe FelllAOl WPM*BY TMA01.1f 11�.0W. , Tanph in. 331123440 ., . 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Prrrn ."r• 1 • . i curoo11Tn51wtt oiAtltT WNW !�! r"'?''"/it',R"*'' C nonenie....re eeus U*4 ow04Ot Oage.M7 a:slat • •T.•:11____tC______�_ rrr•wrnerteenun !beer mows .1AOOA00 .e.r Damara oeO111110 rs4LA000111/mi a••4uIOAwnIA•errrre-__TIr11OML1/0010 Lr Rei tit}Ot400 tf,.trn.nt Wotan Lpsl$swfoes Corttlbw Hobbit le sddllfonsf hound or mpseb to the Osn.rsl liability. CIIXTtFP:.ATtt MOLDER CANCSLLAT1ON + .ieoeuepaw aim mo a onu n s-roas swearewensns swans+ coiner County one nwornewomerwenLTwawsnaiTONM „AL 04»+rnrrr seem of County Cema.asisn.rs nanoTs1is 01111PRIAN MOM r"erNSarten;rarrA.L.s10nabwLL Naples,FL woes we asuman ea manor or A.Vaeura nrenowt ea meant at MOM 1111 I of 2 Al 421041M143103 LW I Aboetti CORPORATION Mt (c,, Packet Page -815- 2/24/2015 16.K.1 . IMPORTANT I tor osrtlksbo hotdr i an ADO rflONAl. RED.Ili.poloy(ss)nett bs endorwd.A Msbmsnt on Ns osrttlloels doss not cadet Aphts b the tardleslis rrotdr hiss dash ondorawrnt(e. r suaravwfON IS WANED, suq.at to the toms sod conditions offs poloy,ontoln peados raw esquire an o+donam.it A stsionset on Ns milks% does not conbr sights to tar osrNcMs noidr In Mu or such endorsements). . .. . Dt=CL�WtlE' • TI+. Cortl$os* d Ururanc.on Si.worse skis of ha torn doss riot eonstlbris s contract betwssn iii kei (s). .i*iodrsd mPre.srrtearr or priduow,and tie oy dOg 2 idArrrotvoly or nsr.MY amend, wind or sear the euvsraos sOwdsd by to peados tlstsd poison. • • • ACORO 2$i(MOM) 2 of 2 fl142$0 MI4211oi Packet Page -816- 2/24/2015 16.K.1 . • • AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No.06• 4047 Eminent Domain Legal Services is entered into on the below date by Collier Comm, Florida, a political subdivision of the 'State of Florida, through its Board of County Commiasionas, be<einaler referred to es the "County' and Briddemycr, SmoDoar&Solves, 500 But Kennedy Boulevard, Suite 200, Tampa, Florida 33602 (hereinafter Waled to as "Counsel"). WCiNESSETTI WHEREAS,on April 24,2007,the County and Counsel entered into as Agreement(the "Agreement')wherein the County agreed to retain Catasaei to provide profulonal specialized legal savica in comedian with the acquisition of real property through eminent domain Foceedingiould WHEREAS,the professional services to be rendered es specified in paragraph 13 of the Agreement is fora two(2)year tam with two(2)additional renewal terms of one year(each tam;and WHEREAS,the original tam of the Agreement,including the renewal teat,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) Yaw commencing on April 23.2011. NOW,THEREFORE, in consideration of the mutual promises and covenants contained. herein,the pasties hereto agree to amend the Agreement as follows: 13. Unless terminated pursuant to Section 1 I,this Agreement shall be egiggdtid et the agreed rate of)omeensatigg for a Rt additional term of two (2) years. commcnc:a oA A«,•12!_ 2011 a_id t�*+*++�b*w,0a.Apr31.. 13-Thit}4trataiat IN WITNESS WHEREOF,the parties have executed this Amendment to the Agreement on this ,2s- day of January, 2011,with the intention to attach this Amendment to the original Agreement. • t EXHIBIT _ Packet Page -817- 1 13 2/24/2015 16.K.1 . y L i ti .. ^.• BOARD OF COUNTY COMMISSIONERS DWjG R': • r « let COLLIER COUNTY,FLORIDA /t-t41— 19' :i/jk • f �. - oak FRED W.COYLE,Cluti Approved as*form I ,ct cy,f Deputy County Attorney Brickienyer,Sznolloer&Solver Couwel t By. fit ust W N e: ppr�q 1 lafe. S.Neural Tidy • date Type/pdnt w Ineu n . Bartlett ..eilitit; <<. , .` Typdpnet _ name Title: eco *'CaO 2 �j Packet Page -818- 2/24/2015 16.K.1 . AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06- 4047 Eminent Domain Legal Services is entered into on the below date by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and 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, facsirnilies, 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 arc 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 lod:'n1 costs incurred for ..resenti .111 Co _I at h ex ded 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 Packet Page -819- 2/24/2015 16.K.1 . conflict between the terms of this Amendment and l previous versions of the Agreement, this Amendment shall prevail. In WITNESS WHEREOF, the parties have executed this Amendment to the Agreement for Legal Service on this 10th day of December, 2013, with the intention to attach this Amendment to the Agreement. ATTEST: BO• '40, •F COUNTY/COMMISSIONERS DWIGHTF, BRO, IC,.Clerk CO 1 ; C FLORIDA BY: ' _ By: tt @st as to Chai Putt Clerk Georgia A. Hiller,Esq.,Chairwoman signatJre.on1 .� Approved at to forin and legality: • ....i Emily R. Pep 1* Assistant County Attorney Smolker, Bartlett, Schlosser,Loeb and Hinds, P.A. Counsel / // By -41r, itness ��7'/ .ame: Jeffrey L. Hinds, 'sq. an�j �/ 71 , Title: 11110` Type/p;tint witness name Secon Witne Spa«.a ri,:,;..;a 8 6. ,/ D e y -y--a��/Knees County of COLLIER Type/print witness name I HEREBY CERTIFY THAAtttis isj true and correct copy of a docur+terif on•fite"in ter, Board Minutes and*corr;ls<+bTrToltier Codjty WITNESS my h3pdtand Gial seat this " 14 &day of U< N1303. IGHT E.BROC1t;4ERK OF C,OV'•" Page 2 of 2 Packet Page -820- 2/24/2015 16.K.1 . 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 Collies County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and Briekiemyer, Smolker & Solves, 500 East Kennedy Boulevard, Suite 200,Tampa,Florida 33602(hereinafter referted to as"Counsel"). 1 WITNESSETR 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, Brickiemyer, Smolker & BoIves rates have increased slightly over those previously charged in the prior contract. The proposed agreement also i 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 112.06!, Florida I Statutes. WHEREAS,the professional services to be rendered as,specified in paragraph 13 of the Agreement is for a two(2)year term with two(2)additional renewal terms of one year per each term;and • WHEREAS, on January 25, 2011, the Board of County Commissioners amended the 1 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 I 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 j j herein,the parties hereto agree to amend the Agreement as set forth below. i 1. Paragraph 2 of the Agreement is hereby amended as follows: 2. For all land acquisition and eminent,domain work perf ormed by Counsel, i the Board, through the Office of the County Attorney or the County's 1 Transportation Division, agrees to pay counsel as compensation for legal services at Counsel's rate of 000,00 ;225.00 per hour for all trial work and $.1001.04$225.00 per hour for all non-trial work. Counsel shall be compensated at$90,00 5115.00 per hour for paralegals providing services hereunder. 2, Paragraph 13 of the Agreement is hereby amended as follows: EXHIBIT t I _______C--- Packet Page -821- 2/24/2015 16.K.1 . • 13. Unless terminated pursuant to Section 11, this Agreement shall be extended at the current rate of compensation for an additional term of two(2) years commencing on April 23,;rte l and terminating on April 22,3413 3. Except as modified by this Second Amendment,all other terms and conditions of the Agreement.shall remain in full force and effect. If there is a conflict between the terms of this Second Amendment and the Agreement, the terms of this Second Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement for Legal Services on this 22. day of January, 2013, with the intention to attach this Second Amendment to the original Agreement. AS TO TH$.CCOUNTY:'; ArrE8e. BOARDF OF COUNTY COMMISSIONERS DWICi'F B#l7?aCYC,t'[ #; COL C e , •RIDA By; ,1 ✓ By:•',; • ty.:diode' C: VTA A.HILLER, ESQ., CHAIRWOMAN Inert 11'Of 04 !, ; ■ I pntuurf 001 .3:„ - I A•:." -.:es to f••, d le: Scott R.Teach Deputy County Attorney AS TO COUNSEL: Bricklemyer, •is liter •• Bolves O*' itness N Jeffrey I. • nds,Esq. -Jay ✓ 3.e.,-)4k171-#' Title: Typelrint witness name ati, t •�?1�Ct.t,T I1 )/rvod Snd Witness r4 - C.. 5mfi Type/print witness name 2 (.!•) Packet Page -822- 2/24/2015 16.K.1 . 1 16K I ASSUMPTION AGREEMENT n This Assumption Agreement is made and entered into as of R pr . 2.6 ,2013,by and between the law firm of Smolker Bartlett Schlosser Loeb&Hinds,P.A.,and Collier County, a political subdivision of the State of Florida("County"). WHEREAS, on April 24, 2007, the Collier County Board of County Commissioners entered into Retention Agreement with Bricklemyer, Smolker & Bolves, P.A., (attached hereto as Exhibit A,and hereinafter referred to as the"Agreement"),as amended;and WHEREAS, Bricklemyer, Smolker & Bolves, P.A., has been re-named to Smolker Bartlett Schlosser Loeb&Hinds,P.A.;and WHEREAS, the parties wish to have the law firm of Smolker Bartlett Schlosser Loeb & Hinds, P.A. to formally assume the rights and obligations wider 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 Smolker Bartlett Schlosser Loeb It 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 1 D P,•, Packet Page -823- 2/24/2015 16.K.1 . 16K 1 I 1 FOR COLLIER COUNTY: ATTEST/ •'O*R9 0 BO: . s OF CO COMMISSIONERS DWIG 4 BROgcgierk C'.LL la' CO ,FLORIDA 1 N/A / Attest 1.0'77-77 7 G'Va Iler, Esq.,Chairwoman aigneture only: „ Approved as to form and legal suffici By: 411 I • Je 7.Wright v As - :•t County Attorney FOR THE LAW FIRM OF SMOLKER BARTLETT'SCHLOSSER LOEB&HINDS,P.A. 'i s By: / r----- Jeffrey L.FF ds,Esq. Title: S 1.0114 e*". Date: 24 140.A. 13 STATE OF FLORIDA COUNTY OF The foregoing As �D�f�1p�,AA�eotapt wag acltnowled�eii before me this y day of M a.c�.. ,2013, by �' 7G tilt �, nines, He is ne_rsona!ly know�t�g or produc as identification. z•724 }- > wm art_ Signature of Notary Public EXPMER Lr 1 9014 / 1 4. /r Go.wuw"+�r �1'1 s j,.r r /7 / r .n tie Z_ Name of Notary Public(typed or printed) O4cOA-01ISSR950 My Commission Expires: Page 2 of 2 Packet Page -824- `��