Agenda 01/22/2013 Item #16K1 1/22/2013 Item 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve Second Amendments to Agreements for Legal Services
relating to Contract No. 06-4047 Eminent Domain Legal Services with the law firms of
Fixel, Maguire & Willis and Bricklemyer, Smolker & Bolves extending the expiration
dates to April 22,2015.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes its
Chairman to sign, Second Amendments to Agreements for Legal Services relating to Contract
No. 06-4047 Eminent Domain Legal Services with the law firms of Fixel, Maguire & Willis and
Bricklemyer, Smolker&Bolves extending the expiration dates to April 22, 2015.
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.
The proposed Second Amendments extend the terms of service for these specialized legal
services to April 22, 2015.
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. The rates for
Fixel, Maguire& Willis will remain the same.
FISCAL IMPACT: There is a slight increase in the hourly rates under the Bricklemyer,
Smolker&Bolves Second Amendment to Agreement for Legal Services, which will result in an
increase in the fiscal impact based upon usage of that law firm's services.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Second Amendments were reviewed by the
County Attorney Office, are legally sufficient, and require a majority vote for approval. - SRT
RECOMMENDATION: That the Board of County Commissioners (Board) approves, and
authorizes its Chairman to sign, Second Amendments to Agreements for Legal Services relating
to Contract No. 06-4047 Eminent Domain Legal Services with the law firms of Fixel, Maguire
& Willis and Bricklemyer, Smolker & Bolves extending the expiration dates to April 22, 2015
and approving the slight increase in fees for Bricklemyer, Smolker& Bolves.
PREPARED BY: Scott R. Teach, Deputy County Attorney
04-COA-0 1 1 5 8/2925
Packet Page -1677-
1/22/2013 Item 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: Recommendation to approve Second Amendments to Agreements for
Legal Services relating to Contract No. 06-4047 Eminent Domain Legal Services with the law
firms of Fixel, Maguire &Willis and Bricklemyer, Smolker& Bolves extending the expiration
dates to April 22, 2015.
Meeting Date: 1/22/2013
Prepared By
Name: CrotteauKathynell
• Title:Legal Secretary,County Attorney
1/7/2013 2:25:57 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 1/9/2013 9:58:00 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 1/10/2013 10:22:46 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/11/2013 11:16:53 AM
Name: IsacksonMark
Title:Director-Corp Financial and Mgmt Svs,CMO
Date: 1/11/2013 2:21:42 PM
Packet Page-1678-
1/22/2013 Item 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 Bricklemyer, Smolker &
Bolves, 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, 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 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 2 of the Agreement is hereby amended as follows:
2. For all land acquisition and eminent domain work performed by Counsel,
the Board, through the Office of the County Attorney or the County's
Transportation Division, agrees to pay counsel as compensation for legal
services at Counsel's rate of $200.00 $225.00 per hour for all trial work and
$280:90 $225.00 per hour for all non-trial work. Counsel shall be compensated
at$90.00 $115.00 per hour for paralegals providing services hereunder.
2. Paragraph 13 of the Agreement is hereby amended as follows:
Packet Page -1679-
1/22/2013 Item 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 23,20-14 2013 and terminating on April 22,204-3
2015.
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 day of January, 2013, with the intention to attach
this Second 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 , CHAIRMAN
Approved as to form and
le suffice/n�c .
Scott R. each
Deputy County Attorney
AS TO COUNSEL:
Bricklemyer, •lker&Bolves
or a
i7-ems, c r-
By:
/ Witness N. •-: Jeffrey L. Inds,Esq.
h/a -J '1Lk. Title: -t' • 1 1{t"
Typeaprint witness name
,J.A.. . :. 0 , ►A. -A
1 Se Ind Witness
3—nr -- L. Smi-f'd
Type/print witness name
2
Packet Page -1680-
1/22/2013 Item 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 Fixel, Maguire & Willis, 211
S. Gadsden Street,Tallahassee, Florida 32301 (hereinafter referred to as "Counsel").
WITNESSETH
WHEREAS, on April 24, 2007, the County and Counsel entered into an Agreement (the
"Agreement") wherein the County agreed to retain Counsel to provide professional specialized
legal services in connection with the acquisition of real property through eminent domain
proceedings; and
WHEREAS, the professional services to be rendered as specified in paragraph 13 of the
Agreement is for a two (2) year term with two (2) additional renewal terms of one year per each
term; and
WHEREAS, on January 25, 2011, the Board of County Commissioners amended the
Agreement in order to extend the term of service to April 23, 2013; and
WHEREAS, the parties wish to further amend the Agreement by extending the term of
service, at the existing rates, an additional two (2) years commencing on April 23, 2013.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree to amend the Agreement as set forth below.
1. Paragraph 13 of the Agreement is hereby amended as follows:
13. Unless terminated pursuant to Section 11, this Agreement shall be
extended at the current rate of compensation for an additional term of two (2)
years commencing on April 23, 2011 2013 and terminating on April 22,204-3
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 day of January, 2013, with the intention to attach
this Second Amendment to the original Agreement.
Packet Page -1681-
1/22/2013 Item 16.K.1 .
AS TO THE COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , CHAIRMAN
Approved as to form and
let. ufficien
.... •# a. -A-ft-0'
/tio
cott R. Teach
Deputy County Attorney
AS TO COUNSEL:
Fixel, Maguire & Willis Aft
. k,
�J BY' 1C4 ` ■
First Witne N. -: Craig Wi is, Esq.
n
i o i c v -y c c \ \ Title: k-,y-ER
Type/print withess name
/ /
Second Witness
30\ e- E. C--t► 1 b.t --
Type/print witness name
2
Packet Page -1682-