Agenda 12/10/2013 Item #16K5 12/10/2013 16.K.5.
EXECUTIVE SUMMARY
Recommendation to invoke the exemption in the County's Purchasing Policy (Section VII,
Paragraph H) to waive competitive bidding and increase an existing purchase order in the
amount of $125,000 to cover attorney fees anticipated in support of eminent domain
litigation for the US-41 / Collier Boulevard Intersection Improvement project (Project No.
60116) and to approve the attached amendment with Smolker Bartlett Schlosser Loeb and
Hinds, P.A. to allow for the reimbursement of lodging fees incurred during trial not to
exceed a total of$5,000. Fiscal Impact$125,000.
OBJECTIVE: To support the pending litigation over the matter of full compensation and
business damages for the taking of property required for the construction of improvements to the
intersection of US-41 and Collier Boulevard.
CONSIDERATIONS: The position of the parties concerning full compensation owing to the
owner of the real estate and the damages being claimed by the business proprietor are vastly
different ($754,700 vs. $7,329,734). An impasse was reached at the mediation held on
November 13, 2013. A jury trial has been set for the trial docket that runs from January 6, 2014
through January 24, 2014 and a $125,000 increase is required on the Purchase Order for
Smolker, Bartlett, Schlosser, Loeb and Hinds ("Smolker Bartlett"),to cover the cost of trial.
This estimate of $125,000 includes the defense of the approximately $8,000,000 claim by the
property owner and the business proprietor, 15 depositions, preparation of approximately 5 pre-
trial motions in limine, defense of any motions in limine filed by the other side, other pre-trial
motion practice, witness preparation time, other pre-trial prep (review and creation of exhibits,
marshaling documents) and 10 days of trial.
Section VII, Paragraph H of the Purchasing policy states: "The acquisition of services from
experts or consultants for purposes of preparing for or defending against imminent or pending
litigation or administrative proceedings shall be exempt from all competitive requirements of this
policy. Any such acquisitions that do not exceed $50,000 may be approved by the County
Attorney and the Purchasing Department without further action. Acquisitions that exceed
$50,000 may be authorized by the County Attorney and the Purchasing Department, but will be
reported at a regular meeting of the Board for ratification."
In addition to the requested approval of an increase in the Smolker Bartlett purchase order, it is
being recommended that Collier County reimburse the Smolker Bartlett law firm in an amount
not to exceed a total of $5,000 for lodging expenses incurred from the firm's Naples
accommodations related to the trial. In order to provide for Board authorization of such fees, the
County Attorney's Office is suggesting that Smolker Bartlett's contract be amended as attached.
FISCAL IMPACT: Funds in the amount of$125,000 are available in the Transportation US
41/SR-CR-951 Intersection Improvement Project (#60116) for increasing the existing vendor
purchase order. Source of funds is Road Impact Fees or Gas Tax. Operating and maintenance
costs for the project will be considered when the construction contract is brought before the
Board for approval.
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GROWTH MANAGEMENT IMPACT: There is no growth management impact association
with this recommendation.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. -ERP
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida,
(1) authorizes an increase in the existing Smolker Bartlett purchase order in the amount of
$125,000 to support the litigation effort on the US-41 Collier Boulevard project and (2) approves
an amendment to the contract with Smolker Bartlett for reimbursement to the firm in an amount
not to exceed a total of $5,000 for lodging incurred from the firm's Naples accommodations
related to the trial.
Prepared by: Emily Pepin, Esq., Assistant County Attorney
Attachment: Proposed amended Agreement with Smolker Bartlett Schlosser Loeb and Hinds,
P.A.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.5.
Item Summary: Recommendation to invoke the exemption in the County's Purchasing
Policy(Section VII, Paragraph H)to waive competitive bidding and increase an existing purchase
order in the amount of$125,000 to cover attorney fees anticipated in support of eminent
domain litigation for the US-41/Collier Boulevard Intersection Improvement project (Project
No. 60116) and to approve the attached amendment with Smolker Bartlett Schlosser Loeb and
Hinds, P.A.to allow for the reimbursement of lodging fees incurred during trial not to exceed a
total of$5,000. Fiscal Impact $125,000.
Meeting Date: 12/10/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
11/26/2013 3:20:03 PM
Approved By
Name:HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 11/26/2013 3:47:06 PM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 11/26/2013 3:47:16 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 11/26/2013 3:47:26 PM
Name:MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 11/26/2013 8:01:09 PM
Name: ShueGene
Date: 11/27/2013 8:54:04 AM
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Name: KearnsAllison
Date: 11/27/2013 3:12:19 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/27/2013 3:22:42 PM
Name: CasalanguidaNick
Title: Deputy Administrator-GMD,Business Management&B
Date: 12/2/2013 10:59:06 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/2/2013 2:39:56 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 12/3/2013 10:51:53 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 12/3/2013 11:05:41 AM
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AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Contract No. 06-
4047 Eminent Domain Legal Services is entered into on the below date by Collier County,
Florida, a political subdivision of the State of Florida, through its Board of County
Commissioners, hereinafter referred to as the "County" and Smolker Bartlett Schlosser Loeb &
Hinds,P.A. 500 East Kennedy Boulevard, Suite 200,Tampa,Florida 33602(hereinafter referred
to as"Counsel").
WITNESSETH
WHEREAS,on April 24,2007,the County entered into an agreement(the"Agreement"),
attached hereto and incorporated herein, with Bricklemyer, Smolker & Solves to provide
professional specialized legal services in connection with the acquisition of real property through
eminent domain proceedings;and
WHEREAS, on January 25, 2011,the Board amended the Agreement with Bricklemyer
Smolker&Bolves, which amendment is attached hereto as Exhibit B, and on January 22,2013,
the Board amended the Agreement further,which is attached hereto as Exhibit C;and
WHEREAS, on April 26, 2013,the Board approved an assumption agreement, which is
attached hereto and incorporated herein as Exhibit D,between the County and Counsel, in order
to authorize Counsel to continue the services provided in the previous Agreement under the same
terms in conditions;and
WHEREAS, the parties wish to further amend the Agreement to provide for the
authorization of reimbursement of lodging expenses not to exceed$5,000 total for the duration
of a trial stay in Collier County.
NOW, THEREFORE, in consideration of the mutual promises and covenant contained
herein the parties hereto agree to amend the Agreement as follows:
1. Paragraph 3 is hereby amended as follows:
3. The Board hereby agrees to reimburse Counsel for actual costs incurred
including costs of mailing, copies, facsimilies, telephone expense and document
transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement,
provided that such costs are supported by appropriate documentation submitted with the
invoice or statement for legal services to the County Attorney. Counsel's travel expenses
are expressly excluded from this Agreement unless approved in advance by the County
Attorney. The Board agrees to reimburse Counsel an amount not to exceed a total of
$5,000 for lodging costs incurred for representing Collier County at each extended trial
held in Collier County.Florida.
2. Except as modified by this Amendment, all other terms and conditions of the
Agreement as amended and assumed by Counsel shall remain in full force and effect. If there is a
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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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk Georgia A.Hiller,Esq.,Chairwoman
Approved as to form and legality:
Emily R Pepin
Assistant County Attorney
Smolker,Bartlett,Schlosser,Loeb and
Hinds,P.A.
Counsel
I ��►`t By'
fitness 'ame: Jeffrey L. Hinds, 'sq.
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Contract 064047 Eminent Domain Legal SWAM
AGREEMENT FOR LEGAL SERVICES
THIS:AGREEMENT FOR LEGAL SER MMES made and entered into this ? '
F:
day of Y, 2007, by and between the Board of County Commissioners,
(trefelnater :referred to as the 'Board' ardor 'Count'), and the law turn of
Bricklemyer,*stalker & Solves, 500 East Kennedy Boulevard,Suits 200, Tampa,
Florida 33502,(heter referred to as"Counseir).
WWTNESSETtt
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 woes 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 acquistion and eminent domain work performed by Counsel,
the Board, through the Office of the County Attorney or the County's Transportation
Division,agrees to pay Counsel as compensation for legal services at Counsel's rate of
$200.00 per hour for all trial work and$200.00 per hour for non trial work. Counsel
shall be compensated at$9000 per hour for paralegals providing services hereunder.
EXHIBIT
1 -A-
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3. The Board hereby agrees to reimburse Counsel for actual costs incurred
including costs of mailing, copies, *shrift 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.'Coursers travel
expenses are expressly exchided from this Agreement unless approved in advance by
the County Attorney.
4. A statement or Utvaie fir SerVices and direct costs incwred by Counsel
shall be billed to the County Attorney on a qty or quarterly basis at the diems 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; 3) the contract number and name, and 4) The description of
services and the time period In which billable services ware 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, othemise 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 faits to
pay any Invoice for consult hg services within the time period spacItied In Section
216.74, Florida Statutes, Counsel shall have the right to invokes 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 rssponsbie to parties with whom It shall deal in
carrying out the terms of this Agreement and shall not subcontract its responabititles to
the Board under this Agreement.
6. Counsel shall cagy Lawyers Professional Liability insurance in an amount
not less than $1,000,O00 per occurrence. An insurance certificate evidencing this
Lawyer's Professional City insurance requirement shall be attached to this
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agreement
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The Consultant shaft provide Insurance as follows: •
k Commercial General Uablftr, Coverage shall have minimum limits of
$1,000,000 Per Occurrence;Combined Siingle.Limit for Bod/injury Liability
and Property Liability. This shall include Premises and Operations;
independent Consultattte; .Products and Completed Operations and
Contractual LiabBty.
B. Blna ne's.Auft,Slabliika Coverage shall have minimum limits of$500,000
Per Occurrence, Combined Single Limit for Bodily'Injury Liability and
Property Damage Liability. This than include: Owned Vehicles, Hired and
Non-Owned Vehicles and Employee No t rship.
C. Workers' Corneens Op: Insurance covering all employees meeting
Statutory Limits in nor'pliant*with the applicable state and federal taws.
The coverage must include Employers' Liability with a minimum limit of
$1;000,000 for each accident.
Scecl it R+ aulrements: Collier County shall be listed as the Certificate
Holder and included as an Additional insured on the Comprehensive
General Liability Policy.
Current, valid 'insurance poGgr(igs) meeting
the reminsment herein identified shall be
maintained by Courser during the duration of this Agreement.
Renewal certificate(*)than be sent to the County thirty(30)days prior to the expiration
date(s)on any such poficy(les). There shall be a thirty(30)day roman to the Board
In the event of cancellation or meson of any stipulated insurance:coverage.
7. To the: mazy ism extent permitted by Florida law, the
ContraotorNendorteonau#ent •.hell indemnify and hold harmless Collier County, Its
officers and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, 1 aaaoneble attorneys' fees and paralegals' fetes, to the
extent-casused by the negtigen:e, recklessness, or intentionally wrongful conduct of the -
ContractorAVendor/Consultant or anyone employed or .utilized by the
ContiactorNendor!ConsUttant In the performance of this 'Agreement. This
indemnification obligation shalt not be construed to negate,abridge or reduce any other
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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 pem is 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 employed by Counsel. Counsel
shall also be solely responsible for payment of hnuhy and ell taxes levied on Couna el. in
addition,Counsel shall comply with all rules,regulatons.E-nd laws of Collier County,the
State of Fiorida,or the U.S.Govemment now In force:ort.ereafter adopted. •
9. The parties hereto aticnowiedge and agree that through the provision of
legal services to the County as contemplated by thk. contract, Counsel will gain
knowledge and Information as to existing litigation strategies, including pr.-litigation
planning, and may be fundamental In establishing future litigation and pre-lltigation
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 undermbe 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 Mi re acquisitions.Counsel agrees,therefore, that while under contract with
the County and for two(2)years fallowing the expirationM ermination of this Agreement,
Counsel or any of its employees, associates or partners ?I not represent any property
owners In any eminent domain actions initiated by Collie ounty without the County's
written consent
10. It is mutually agreed between the parties th: 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 shag deal with
each other in good faith during the thirty (30) day period after any notice of intent to
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term's for convenience has been given. The County reserves the right to terminate
this Agreement immediately.for pause,upon torrithlrn notice to Counsel.
12. This Agreement shall be effective upon execution by the Board and
Counsel. -
13. Unless terminated pursuant to.Section f 1, 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 prier to acptration of this
Agreement.
IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an
authorizethperson or agent, hereunder set their hands and seals on the day and year
first above
DATED. BOARD OF COUNTY COMMISSIONERS OF
ATTEST: COWER COUNTY, FLORIDA
DWI4HTEw6RQGK;'Clerk / jf,, •
a By A
A\. 9 James lta Chairman
(1) / c"� i Brtcldemyer,Smolker&Solves
Signature r
' a��
Printed/Typed Nme
Sy: 2 J
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rl p$ AY J `�rM9A4e.e. . •
PrintedTyped Name
Approved as to form and legal sufficiency:
�r A.Bet •
Assistant County Alto y
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' J v e PROFESSIONAL uA1311- rY
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DECLARATIONS FEDERAL.INSURANCE COMPANY
A albeit Insurance company,Inconxxated under the
laws ci Irdana,Iamb eNed the CamWIT
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Po1)Cy Numker:6E01--2E42
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NOTICE TIM IS A CUUMS'AWE POLICY,WHICH-APPLEB ONLY TO"CLANKS"FIRST MADE OHREHT
THE'POLICY PEEEEOO"'" OR ANY EXTIDIME=D REPORTMG PERICHL THE'LIMIT CF LIMIENY TO PAY
DAMAGES OR SETTLEMENTS VALI. BE MECO AND MAY BE EEOIAUSTED BY"TERME CDETE,"
AND"DFFEUISE COST)"WEISE'APPLIED AGAINST TNEIRETEENTION.AMOUNT. IN NO EVEN WAL.THE
COWART BE LIABLE FOR"DE DENSE COSTS"OR THE AMOUNT OF ANY JUDGMENT OR SETTLEMENT
IN EXCESS OF THE APPLICABLE LDBT OF LIABILITY.THE COVERAGE AFFORDED UNARM POLICY
DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. READ TIE ENTIRE
POLICY CAREFULLY.
ITEM 1. FIRM MALE JD ADDRESS:
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(B) 1,200T
at 12:01 a.m.both aides at the Addmea In ITEM 1.
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(8)1 7,500.00 neadnuen egress*Ink of eebmy under e4e Poky for ad diezkinery and
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REM 5. RETENTION AMOUNT: $50,000.00 each Claimer MAW Calms.
ITEM 6. EXTENDED D IEPC G PERIOD:01) Additlend Protium
1 Period 1 al Antral Premium
2 Year N/A%ottrued Peeulain.
3 Yaw WA%at AnnUS)Peamlurn
ITEM 7. PENDING OR PRIM DATE.NIA,at 12:01 ant.at the Addams h ITEM 1.
ITEM 1. PREMIUM:
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AMENDMENT TO AGR1LMENT 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 pol itical subdivision of the State of Florida, through its Beurni of County.
Commissioners, hereinafter marred to as the"County" and Briesklatayer, Smother&Bplvea,
500 East Kennedy Boulevatd, Suite 200, Tampa, Florida 33602 (hereinafter rei rend to is
"Counter).
WIT'NES ETII
WHEREAS,on April 24,2007,the County and Counsel entered into an Agreement Ore
"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 peal services to be rendered as specified in paragraph 13 of the
Agreement is for a two(2)year term with two(2)additional renewal terms of one year per each
term;and
WHEREAS.the original tam of the Agreement,including the renewal terms,will expire
on April 23,2011;and
WHEREAS,the parties wish to amend the Agreement to extend the term of service at the
existing rates for providing these specialized legal services for an additional two (2) years
commencing•em April 23,2011.
NOW, r a RE,in consideration of the mutual promises and covenants contained
herein,the parties hereto agree to amend the Amt as follows:
13. Unless terminated pursuant to:,Seetion l I,this Agreement shall be extended,
161 the euilfte of for a, a}?. AILS of two (2) rank
gommencin2.of Anri123. 2011_and tomiaabar on April 22./013 N
lrnasa►t:
IN WITNESS WHEREOF,the parties have executed this Aiseoament to the Agreement
on this .;Zd' day of 3anary,2011,with the intention to attach this Amendment to the original
Agreement.
EXHIBIT
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. .
ATTEgt r. BOARD OF COUNTY COMMISSIONERS
iminiTssik, Clerk COWER COUNTY,FLORIDA
. vs:' L't4t LA)• 21)4k
;II By:
- , Clerk FRED W.CCTYLE,Chsi
!sr erM
Approviii as toffarm
JAW
Deputy County Attorney
Brieklemyer,fanollser&&Ave;
Counsel
I
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Vfe, 5.Nittuat Titic . ..41k.f I ÔL4
Type/pint adman a
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I- -A' - : Bartlett
411.7170:
Type/pint name Th1c O f et)0
2
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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 Brickicmyer, Smolker &
Solves,500 East Kennedy Boulevard, Suite 200,Tampa,Florida 33602(hereinafter referred to
as"Counsel').
wrrNEssETH
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
Statues.
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
tenor;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 het 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 1200,00 $225.00 per hour for all trial work and
£200A$225.00 per hour for all non-trial work. Counsel shall be compensated
at$9000 S115.00 per hour for paralegals providing services hereunder.
2. Paragraph 13 of the Agreement is hereby amended as follows:
EXHIBIT
I C Amok
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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 Apri123, 2013. and terminating on April 22,24I3
MI
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
I Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to
Agreement for Legal,Services on this mayday of January,2013,. with the intention to attach
this Second Amendment to the original Agreement.
AS TO THF..COLIN'TY:
Aug:,' ease '-., BO ...ii
co j I
1 D W T y`'i t,'C.�erk_ CO :` C a •RIDA
:; K 1 , � -�__:- By: 1 A
.4,..;,-„,-..:'.. -.•• ty got' . G `s A A.HILLER, ESQ. , CHAIRWOMAN
lrtect n
tipntturt ,P-3: -
.,.ri *is to'fs,,. d
i 444-
M
Scott R.Teach
Deputy County Attorney
.
AS TO COUNSEL:
Bricklemyer, . 1ker . Bolves
0
Zi t i ,
se' fitness .. , , Jeffrey I.. ,finds,Esq.
.J ✓ ?L�-h4" Title: i _AL 01 i fr'
Typee Tint witness name
y Ck A .SJI
Second Witness
- L. S
��, m r\
Typeiprint witness name
2
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16K
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of f:l 2b ,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 & Solves, 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,PA.;and
WHEREAS, the parties wish to have the law firm of Smolker Barnett 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
are 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, PA. 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
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.1
16K 1 ..
FOR COLLIER COUNTY:
V a..Mw ....
ATTEST/ •11,000 0 BO• RD OF CO COMMISSIONERS
DWIGH •8_ROCK�.,tacrk C',LL s CO ,FLORIDA
By: 1�i .4,:g AAi. LA
Amt s�'' G';'t•a 11.9' er,Esq.,Chairwoman
stgn oflt 'c ��:
gar
Approved as to form and legal suffici c
By: 4
3e .Wright
As .t County Attorney
FOR THE LAW FIRM OF SMOLKER BARTLETT SCHLOSSER LOEB&HINDS,P.A.
By:
Jeffrey L.H' ds,Esq.
Title: I •t'"
Date: V i k 13
STATE OF FLORIDA
COUNTY OF
The foregoing A tpt►�►A w owled ed before me this Z9 day of
j►'16ti.G�n ,2013,by t't� t i n d f 4 y
He personally known_to_mq or produced as identification.
x I��Niwaez Signature of Notary Public
►. YYCU1�18&ONfEEXO5ffi
EXP1REit.*a,e 14,2014 �/ J
,v1: e. eanaamNarnr+elwunismers I't rl'ST•,. /7 1 .t rn 41 Y
Name of Notary Public(typed or printed)
My Commission Expires:
04-COA-0 1 158/2950
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