Agenda 01/25/2011 Item #16K1
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1/25/2011 Item 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve Amendments to Agreements for Legal Services relating to
Contract No. 06-4047 Eminent Domain Legal Services with the law :firms of :FiDlj
Maguire & Willis and Bricklemyer, Smolker & Bolves extending the expiration dates 118
April 22, 2013. There is no new fIScal impact associated with these Amendments.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes its
Chairman to sign, Amendments to Agreements for Legal Services relating to Contract No. 06-
4047 Eminent Domain Legal Se~ces with the law firms of Fixel, Maguire & Willis and
Bricklemyer, Smolker & Bolves extending the expiration dates to April 22, 2013.
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. The original term. of the Agreement, including the renewal terms, will expire on
April 23, 2011.
Staff and outside counsel request that the term of service, at the existing rates for providing
these specialized legal services, be extended for an additional two (2) years commencing on
April 23, 2011.
FISCAL IMPACT: There is no change in the fiscal impact portion of the Agreements.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Amendments were reviewed by the County
Attorney Office, are legally sufficient for Board approval and only require a simple majority
vote-SRT.
RECOM:MENDATION: That the Board of County Commissioners approves, and authorizes
its Chairman to sign, 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, 2013.
Prepared by: Scott R. Teach, Deputy County Attorney
Attachments: Proposed Amendments to Agreements and Original Contracts with Fixel,
Maguire & Willis and Bricklemyer, Smolker & Bolves.
04~0i\.OllS812877
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1/25/2011 Item 16.K.l.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: Recommendation to approve 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, 2013. There is no new fiscal impact associated with these Amendments.
Meeting Date: 1/25/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
1/6/2011 11:32:41 AM
Approved By
. Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 1/6/2011 4:08:41 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/12/2011 4:05:03 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/13/2011 4:29:23 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/15/201112:04:38 PM
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1/25/2011 Item 16.K.1.
AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
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. 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 thc State of Florida, through its Board of County
Commissioners, hereinafter referred to as thc "County" and Bricklemyer, Smolker & Bolves,
500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602 (hereinafter referred to as
'.Counsel").
',1,
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 thc 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 tenns of one year per each
term; and
WHEREAS, the original term of the Agreement, including the renewal terms, will expire
on April 23, 2011; and
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. 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 on April. 23, 2011.
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NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreement as follows:
13. Unless tenninated pursuant to Section 11, this Agreement shall be extended
at the current rate of compensation for a an additional term of two (2) years;,
commencing on Aoril 23. 2011 and terminating on Avril 22. 2013. This Agreement
may be reHewed for 1:\\'0 additional terms of one (1) year per term ttpcm written Hotiee
by COliHi)' to Cal:lflsel prier to expiration of this .^~greement.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
on this _ day of January, 2011, with the intention to attach this Amendment to the original
Agreement.
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ATTEST: ,
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
Approved as to form and
legal sufficiency:
Scott R. Teach
Deputy County Attorney
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1/25/2011 Item 16.K.1.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
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Bricklemyer, Smolker & Bolves
c~onsel
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By:
N e: Jeffi'ey H' ds, r;sq.
Title: S ~~f 0 I ~o('"
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1/25/2011 Item 16.K.1.
Contract 06-4047 Eminent Domain Legal Services
AGREEMENT FOR LEGAL SERVICES
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THIS AGREEMENT FOR LEGAL SERVICES made and entered into this z?iA
!\p.-il
day of ~, 2007, by and between the Board of County Commissioners,
(hereinafter referred to as the "Board" and/or "County") , ahd the law firm of
Bricklemyer, Smolker & Bolves, 500 East Kennedy Boulevard, Suite 200, Tampa,
Florida 33602, (hereinafter referred to as "Counsel'').
WITNESSETH:
WHEREAS, Counsel has special expertise and resources in the acquisiti,?n of
. property th~ough 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
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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
$200.00 per hour for all trial work and $200.00 per hour for non-trial work. Counsel
shall be compensated at $90.00 per hour for paralegals providing services hereunder.
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1/25/2011 Item 16.K.1.
3. The Board hereby agrees to reimburse Counsel for actual costs incurred
including costs of mailing, copies, facsimiles, telephone expense and document
transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement,
provided that such costs are supported by appropriate documentation submitted with
the invoice or statement for legal services to the County Attorney. .Counsel's travel
expenses are expressly excluded from this Agreement unless approved in advance by
the County Attorney.
4. A statement or invoice for services and direct costs incurred by Counsel
shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of
Counsel. All invoices shall be itemized and contain, as a minimum, the following
information: 1) The proper name of the payee as it appears in the Agreement; 2) The
date of the invoice; 3) the contract number and name, and 4) The description of
services and the time period in which billable services were rendered. All payments and
the resolution of any disputes regarding such are subject to and shall be processed in
accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The
Florida Prompt Payment Act." The County shall pay all invoices submitted in
accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to
pay any invoice for consulting services within the time period specified in Section
218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the
unpaid invoice at the rate of one percent (1%) per month compounded monthly
. commencing thirty (30) days after the due date.
5. Counsel shall be solely responsible to parties with whom it shall deal in
carrying out the terms of this Agreement and shall not subcontract its responsibilities to
the Board under this Agreement.
6. . Counsel. shall carry Lawyer's Professional Liability insurance in an amount
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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.
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1/25/2011 Item 16.K.1.
The Consultant shall provide insurance as follows:
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A. Commercial General Liabilitv: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability. .This shall include Premises and Operations;
Independent Consultants; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include: Owned Vehicles, Hired and
Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
Special Requirements: Collier County shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
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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 (3D) 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
.
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1/25/2011Itern 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, regulatiot:ls and laws of Collier County, the
State of Florida, or the U. S. Government now in force or hereafter adopted.
g, 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,
Counselor 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 notic~ of intent to
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1/2S/2011Itern 16.K.l.
-terminate for convenience has been given. The County reserves the right to terminate
this Agreement immediately, for cause, upon written notice to Counsel.
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12. This Agreement shall be effective upon execution by the Board and
Counsel.
13. Unless terminated pursuant to Section 11, this Agreement shall be for a
term of two (2) years. This Agreement may be renewed for two additional terms of one
(1) year per term upon written notice by County to, Counsel prior to expiration of this
Agreement.
IN WITNESS WHEREOF, Counsel and the Board have each respectively, by an
authori:~,~.':pers~!.l o~agent, hereunder set their hands and seals on the day and year
first abo~e 'writtert ",:. .
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BOARD OF COUNTY COMMISSIONERS OF
::LLlER Cd~?4f
~tla. Chairman
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(1)
~klemYer, Smolker & Bolves
Signature
'j)~bV'& 1), LtG+bt\A-
PrintedfTyped Name
By:
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PrintedfTyped Name
Approved as to form and legal sufficiency:
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Jenli1fer A. Belp' I .
Assistant County Attorney
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Chubb Group of Insurance Companies
15 Mountain View Road
Warren, New Jersey 07059
CHUBB
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CHusr1n.S/20ii i~";;16.K.1.
PROFESSIONAL LIABILITY
. DECLARATIONS
FEDERAL INSURANCE COMPANY
A stock insurance company, incorporated under the
laws of Indiana, herein called the Company
Capital Center, 251 North Illinois, Suite 1100
Indianapolis, IN 46204-1927
Policy Number: 6801-2942
NOTICE: THIS IS A CLAIMS MADE POLICY, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING
THE "POLICY PERIOD," OR ANY EXTENDED REPORTING PERIOD. THE LIMIT a= LIABIUTY TO PAY
DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED BY .IDEFENSE COSTS,"
AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE RETENTION AMOUNT. IN NO EVENT WIll THE
COMPANY BE LIABLE FOR II DEFENSE COSTS" OR THE AMOUNT OF ANY JUDGMENT CR SETTLEMENT
IN EXCESS OF THE APPLICABLE UMIT OF LIABILITY. THE COVERAGE AFFORDED UNDER THIS POLICY
DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. READ THE ENTIRE
POLICY CAREFULLY.
ITEM 1.
FIRM -NAME AND ADDRESS:
Brlcklemyer, Smolker & Bolves. PA
500 East Kennedy Blvd.
Suite 200
Tampa. FL 33602
ITEM 2.
PREDECESSOR FIRM(S) -NAME AND ADDRESS:
N/A
POLICY PERIOD:
(A) Inception Date: August 1, 2006
(B) Expiration Date: August 1, 2007
at 12:01 a.m. both dates at the Address in ITEM 1.
.TEM 3.
ITEM 4. lIMrrS OF LIABILITY (inclusive of Defense Costs):
(A) $
(8) $
(C) $
3,000,000.00 maximum limit of liability each Claim
7,500.00 maximum aggregate limit of liability under this Policy for all disciplinary and
grievance proceedings
3,000,000.00 maximum aggregate limit of liability under this Policy for all Claims.
ITEM 5. RETENTION AMOUNT: $50,000.00 each Claim or Related Claims.
ITEM 6. EXTENDED REPORTING PERIOD:
(A) Additional Period
.1 Year
2 Year
3 Year
(8) Additional Premium
150 % of Annual Premium
N/A % of Annual Premium
N/A % of Annual Premium
ITEM 7. PENDING OR PRIOR DATE: N/Ar at 12:01 a.m. at the Address in ITEM 1.
.EM 8. PREMIUM:
14-02-9303 (Ed. 04/2004) Page 1 of 14
Packet Page -920-
CHUBr --" I ... U^'I"!''''~
P1rJorsss 1/2S/2011 Item 16.K.l.
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.
These Declarations, the-completed signed Application and this Policy with Endorsements shall constitute
the t"ontract between the Insured and the Company.
In witness whereof, the Company issuing this Policy has caused this Policy to be signed by its authorized
officers, but It shall not be valid unless also signed by a duly authorized representative of the Company.
FEDERAL INSURANCE COMPANY
tfY. ~ ~
Secretary
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President
07/28/06
Date
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oriz epresen rive
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14-02-9303 (Ed. 04/2004)
Page 2 of 14
Packet Page -921-
yo Client#: 2113 BRICSMO: 1/25/2011 Item 16.K.1.
V ACORDm CERTIFICATE OF LIABILITY INSURANCE ;:;;=DIVYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
~ = TYPE OF INSURANCE pOUCY NUMBER PD~~';,.i:6~
A ~NERALLlABIUlY 68051L7870STCT07 05/01/07
X COMMERCIAL GENERAI.lUlBlllTY
_ ~ ClAIMS MAD.E [iJ OCCUR
$
$
$
$1 000 000
$1 000 000
S
$
5
X IT~~J'~1 10~
E.L EACH ACCIDENT 51 000,000
E.L DISEASE. EA EMPlOYEE 51.000.000
E,L DISEASE. POUCYlIMIT $1.000.000
CANCELLATION
SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIl. -3D- DAYS WRmEN
NOTICE TO THE CERTlFlCAlC HOLDER NAMED TO THE \.EFT, BUT FAII.URE TO DO SO SHALL
IMPOSE NO OBLIGATION OR I.IABILITY OF At<< KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A~ZED REPRESENTATIVE
. ~ M-oL..~ ~
LMS
PRODUCER
Suncoast Insurance Associates
. Box 22668
pa, FL 33622-2668
813 289-5200
INSURERS AFFORDING COVERAGE
INSURER A: Travelers Indemnity Company of CT
INSURERB: Travelers Indemnity Company
INSURER c: Travelers Casualty and Surety CO
INSURER D:
INSURER E:
INSURED
Bricklemyer, Smolker & Bolves, P.A.
500 E. Kennedy Blvd
Suite 200
Tampa, FL 33602
COVERAGES
Pg~fJ,Wk~reN
05/01/08
EACH OCCURRENCE
DAMAGE TO REIflED
Men EXP (Any ooe plllSoo)
PERSONAL & MJV INJURY
A
~I.AGGRE~ ~:~ AP~S PER:
I POLICY I I JECT I IlOC
~OMOBII.E UABlUlY
f--- ANY AUTO
I-- AlL OWNED AUTOS
~ SCHEDULED AUTOS
X HIRED AUTOS
f--
~ NON-oWNED AUTOS
GENERAL AGGREGAlC
PRODUCTS.COM~OPAGG
68051L7870STCT07
05/01/07
05/01/08
COMBINED SINGlE UMIT
(Ea accident)
BODILY INJURY
(Per p&nlOrt)"
BODilY INJURY
(per accident)
..- -"--'--"~--' &~'-""-- ,--~.""".,_. -_.'---
. .. ".' . . ,-.". -. . -
PROPERlY DAMAGE
(Per accident)
~GE UABIUlY
I ANY AlITO
AlITO ONLY. EAACCIDENT
EAACC
AGG
OTHER THAN
AUTO ONLY:
B EXCESSlUMBRELLA UABIUlY
. . :iJ .OCCUR 0 ClAIMS MADE
I DEDUCTIBLE
Xl RElCNTION $ 5000
C WORKERS COMPENSATION AND
EMPLOyeRS' UABILITY
At<< PRoPRIETORlPARTNERlEXECUllVE
OFFlCER/MEMBER EXCLUDED?
If yes, describo under
SPECIAL PROVISIONS below
OTHER
CUP6097Y7511ND07
05/01/07
05/01/08
EACH OCCURRENCE
AGGREGATE
UB49L0668407
04/01/07
04/01/08
,'.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAl. PROVISIONS
RE: RFP 064047 Eminent Domain Legal Services
Certificate Holder is additional insured as respects to the General
Liability.
CERTIFICATE HOLDER
Collier County
Board of County Commissioners
Naples, FL
ACORD 25 (2DD1f08) 1 of 2
NAlC #
25682
25658
19038
UMITS
$1 000 000
's300.000
510 000
51.000 000
52 000 000
52.000 000
$1,000,000
5
$. .
$
Packet Page -922-
@ ACORD CORPORATION 1988
#S142604/M142603
1/25/2011 Item 16.K.1.
-'
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject 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).
oiseLAIMER"
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
. .
the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively "or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
.
ACORD 25-5 (2001108) 2 of 2
#S142604~142603"
Packet Page -923-
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1/25/2011 Item 16.K.1.
AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
TIllS 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").
. . .-;;0
WITNESSETH
WHEREAS, on April 24, 2007, the County and Counsel entered into an Agreement (the
"Agreement") wherein the County agreed to retain Counsel to provide professional specialized
legal services in: connection with the acquisition of real property through eminent domain
proceedings; and:
WHEREAS, the professional services to be rendered as specified in paragraph 13 of the
Agreement is for a two (2) year term with two (2) additional renewal terms of one year per each
term; and
WHEREAS, the original term of the Agreement, including the renewal terms, will expire
on April 23, 2011; and
"WHEREAs. the parties wish to amend the Agreement to extend the term of service at the
existing fates for providing these specialized legal services for an additional two (2) years
commencing on April 23, 201 L
. NOW, TIIEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreement as follows:
13. Unless termmated pursuant to Section 11, this Agreement shan be extended
at the current rate of compensation for a an additional term of two (2) years~
commencing on April 23. 2011 and terminating on April 22, 2013. This f~greemeHt
may be rene'Ned for n\'o additional terms of one (1) year per term upon '.witten notice
by COtHity to Counsel prior t-o cnpiration of this Agreement.
. . .
IN WITNESS WHEREOF, the p~es have executed this Amendment" to the Agreement
on this _ day of January, 2011, with the intention to attach this Amendment to the original
Agreement.
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1/25/2011 Item 16.K.1. :
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ATTEST:' '.
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA .
, Deputy Clerk
By: .
FRED W. COYLE, Chainnan
By:
Approved as to form and
legal sufficiency:
@
o-i
Scott R Teach
, .' . Deputy County Attorney
Fixel, Maguire & Willis
. .
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trst WItness
Niflll:7 S. 7HARPk
Type/print witness name
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Second, itness
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Type/print Witness name
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1/25/2011 Item 16.K.1.
Contract 06-4047 Eminent Domain Legal Services
AGREEMENT FOR LEGAL SERVICES
~ t.{ +~
THIS AGREEMENT FOR LEGAL SERVICES made and entered into this 27111 "pro/(
'_L~ff(\ . .
day of F~ry, 2007, by and between the Board of County CommIssIoners,
(hereinafter referred to as the "Board" and/or "County"), and the law firm of Fixel,
Maguire & Willis, 211 S. Gadsden Street, Tallahassee, Florida 32301, (hereinafter
referred to as "Counsel").
WITNESSETH:
WHEREAS; Counsel has special expertise and resources in the acquisition of
property through eminent domain proceedings; and
WHEREAS, the Board from time to time has a requirement and need for legal
. services which are particularly within the expertise of Counsel; and
.
NOW, THEREFORE, in consideration of the premises and covenants contained
herein, the parties mutually agree as follows:
1. Counsel agrees to render legal services to the County for work relating to
the County's acquisition of property including. eminent domain proceedings that may be
assigned to Counsel from time to time by and through the County Attorney's Office.
2. For all land acquisition and eminent domain work performed by Counsel,
the Board, through the Office of the County Attorney or the County's Transportation
Division, agrees to pay Counsel as compensation for legal services at Counsel's rate of
$250.00 per hour for all trial work and $220.00 per hour for non-trial work. Counsel
shall be compensated at $65.00 per hour for paralegals providing services hereunder.
Packet Page -926-
1/25/2011 Item 16.K.1.
3. The Board hereby agrees to reimburse Counsel for actual costs incurred
including costs of mailing, copies, facsimiles, telephone expense and document
transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement,
provided that such costs are supported by appropriate documentation submitted with
the invoice or statement for legal services to the County Attorney. Counsel's travel
expenses are expressly excluded from this Agreement unless approved in advance by
the County Attorney.
4. A -statement or invoice for services and direct costs incurred by Counsel
shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of
Counsel. All invoices shall be itemized and contain, as a minimum, the following
information: 1) The proper name of the payee as it appears in th~ 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 ~ubmitted in
accordance with the provisions of Section 128.74, Florida Statutes. If the County fails to
pay any invoice for consulting services within the time period specified in Section
218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the
unpaid invoice at the rate of. one percent (1%) per month compounded monthly
commencing thirty (30) days after the due date.
5. Counsel shall be solely responsible to parties with whom it shall deal in
carrying out the terms of this Agreement and shall not subcontract its responsibilities to
the Board under this Agreement.
6. Counsel shall carry Lawyer's Professional Liability insurance in an amount
not less than $1,000,000 per occurrence. An insurance certificate evidencing this
Lawyer's Professional Liability insurance requirement shall be attached to this
agreement.
2
Packet Page -927-
.
.
.
1/2S/2011Item 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. Business Auto Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This .shall include: Owned Vehicles, Hired and
Non-Owned Vehicles and Employee Non-Ownership.
.
.
C. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
Special Requirements: Collier County shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policy(ies) meeting the requirement herein identified shall be
maintained by Counsel during the duration of this Agreement.
Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration
date(s) on any such policy(ies). There shall be a thirty (30) day notification to the Board
in the event of cancellation or modification. of any stipulated insurance coverage.
7. To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its
officers and employees from any and all liabilities, damages, losses and costs,
including, but onot 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 0 by the
ContractorNendor/Consultant in. the performance of this Agreement. 0 This
indemnification obligation shall not be construed to negate, abridge or reduce any other
3
Packet Page -928-
1/25/2011 Item 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 laws of Collier County, the
State of Florida,.orthe U. S. Government now in force or h~reafter 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 Iitigati6n 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,
Counselor 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 (3D) day period after any notice of intent to
4
Packet Page -929-
.
.
.
.
.
.
1/25/2011 Item 16.K.1.
terminate for convenience has been given. The County reserves the right to terminate
this Agreement immediately, for cause, upon written notice to Counsel.
12. This Agreement shall be effective upon execution by the Board and
Counsel.
13. Unless terminated pursuant to Section 11, this Agreement shall be for a
term of two (2) years. This Agreement may be renewed for two additional terms of one
(1) year per term upon written notice by County to Counsel prior to expiration of this
Agreement.
IN WITNESS WHEREOF, Counsel and .the Board have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the day and year
first above written.
;
DATED: ~~W~O-:r
ATTEST:: ." . "', :, . . .:.,":'JtI..J.
DWli~ti~~:~@.~~~~~;~fI3.'(erk
:', ~;~~,.~\;;,:.~:.:'\~"{~~':~.:~1r~~i'
,. - ..
"lttlsi'f~ir'/',,~! '-,:~'-"
. etftftllf~~.~.~(~:~~~J. ,:.:
WIT'MESSES...,.,..;...... . -.
':f{;')' ". -_.~..-.:,.._.tir~~::~~~...i..;-:.
_ '. .~~. ..~'i:~':-' ~.
(1) 'i ,'.-,
Sigiii:lhire
JtU'eriv ,sass
PrintedITyped Name
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: A~~an
Fixel, Maguire & Wi.llis
By:
(2) ~f/4 6'~
. [\.Q..l Yrlo. nlti r -h/(\ 0 ~
PrintedlTyped Name
Approved as to form and legal sufficiency:
"~ ~
'>.0 ~.
Jennifer A. Belp I
Assistant County Attorney
5
Packet Page -930-
OS/25/2007 13:24 FAX 850 224 o41~
JUt W1LL1RM~UN ~1^I~t^n~
1/25/2011 Item 16.K.1.
~VYI/YYL
DA1I!11I~
OS/25/2006
THIS CERTIFICATEl 18 ISSUED AS "ATT~R OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
lllE POLICIES OF INSUAANCE LJSTa) Bel.OW HAVE SEEN lSSlJEl) TO THS INSURED NAMEO ABOVE FOR THE POLICY PERIOO INCICA1CD. NOTWITHSTANDING
,.,N'( REQUIREMENT, TERM OR CONDITION OF ANY COI\ITRACT OR OTHER DOCUMENT IIVITH RESPECT TO WHICH THJS CERTlFICA"E MAY BE ISSUED OR
~y PERTAIN, lHE ~URANCE AFFORDED BY THE POUCIES DESCRIBeD HEREI~ IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH
I"OLICIeS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDuCED BY PAID ClAIMS.
1..lllilIn. . PClUCY'~ I PDUC1'EXPIRAft)N
LlR IIIIHD 'MIlO OF INSUJWK:E ~c:T NUJEER MTEtMMIDIitYYl DATI! LIlmJ
1\ X ~!RALUABIJ1Y 98-PT-9493-5 B 05/~5/06 05/15/07 ~CURRENCE S
I-- ~ClAl. GeI'IERALLWlIl..1TY ~B EUCNIMllIel II
~ ....J ClJ\M rMOe D DCCIffl ala) EXP (Nrflll1llll/ll'lOlll $
PBlSONAL L ADV INJUIIV I
GEHERAl..AGGRmATE $
.cor.I'WlP AGO ,
CERTIFICATE OF LIABILITY INSURANCE
n
LU ROAD
FL 32303
A
INSURERS AFFORDING COVERAGE
INSURERA: State Ftu:m FlOrida InS\1rance ~cmpany 10739 .
INSUlUiA8; State Fam Fire and Cael.1alt Com 1m 25143
I~ERC:
""SURal D!
INSURER E;
IH&UIWl
FrxEI., HAQ[JIRE, & WILLIS
211 S GADSDEN ST
TALLAHASSlm, FL 32301
COVERAGES
a:M.~lELMl'1II'IllrS1'fR
~pouerD~ nLOC
A
A
~UlIllLm'
__ MY AUTO
_ AU.CMWEDAUTO$
_ SCHEl)IJL8) AlIT'08
X ~ HIREDAUTOS
X !... NON-OWHED AUTOS
99-1?T-9493-5 8
05/15/07 COMI!lIHED SINGUi U\1tT
(EtI~ I
BODILY 1CJlJn' I
(PlIrlll"lll1)
80Clll. Y 1N./tRl' SO
(P8r acclllenl)
PROPE1n'Y IlI\IMGE s
(P8r 8CCiCIWll)
AI.1TD ONLY - EA ACCJOeNT s
OTHER nlAN EAACC $
AUTO ONI.Y: MG C
EACH OeeURRENCE S
ACGREBAre s
$
S
s
06/23/08 Ir~ BTA~I I OTH-
OR., LlII1 ER
EL. EACH ACClllENT S
e.L. DI8~E .!A EMPLOYEE S
EL. DISEASE - POI.ICV UMT s:
05/15/06
rr"LIAKJTY
nNiYAUTO
I!XC!llSIUMIlRfUA LIABIU'TY
PDCCUR D ct.AlM& IMDE
II OEDUCTlSLEi
r1~ S
B WOlUCE:RS COIIPENIlAl1ON AND
EllPI.OY!RS' UIMJn'
Nl'f1'RDPfUE'ltlRlPEM'JCECuTNE
OFFlCEMltEMBERextw1ED7
W~-:.mlllllalr
OTHER
ge-TG-92!:l6-3 F
06/~3/06
DESCRIPTtOH OF OPaIA"DDIfSI LOCATIOIIlS r VEIfIc:LI!S , SCLUSIONS ADDED BY' ~SEIIEM'r I SPEC:IAL PR01IlSlCINS
211 S GADSDEN ST TALLAHASSEE, ~ 32301
1010 EXECUTIVE C'rk DR STE J.21 ORLANDO, FL 32803
CERTIFICATE HDLD9
COLLItt COONTY GOVERNMENT
ATTN ~ DIANA DELEON
BOARD OF COON'l'Y COMMISSIONDS
3301 TAMIAMI TRAIL
NAPLES, FL 34112
CANCELLATION
litlOULD Nt'( OF 11IE AIIDlIE ~
DAn: lHEREOF, THE ISSUING INSURER
NO"I1CETOl'HCi C~TE
IMPOSE NO OIIUGAlJON OR
REPIlU!NTAnvES.
AU'rHORIZI!D lI9RI!SeNTII>nve
JOl!,: WILLIAMSON
11121U8 03- 9-2llO7
Packet Page -931-
NAIC .
1,000,000
2,000,000
1,000,000
500,000
500,000
500,000
OS/25/2007 13:25 FAX 850 224 6413
ilTAI! FAtM
A
INaUIlANCI
..
RD 25 (2001mB)
JOE WILLIAM~UN ~1^lt~AKM
IgJ VVl.IVVL
1/25/2011 Item 16.K.1.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the poJicy(ies) must be endOl'SEld. A s!atement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGAllON IS WAIVED, subject to the tenns and canditions of the policy. oer1ain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of thIs form does not constitute a contract between
the issuing insuret(s). authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies fISted thereon.
Packet Page -932-
FIXEL & MAGUIRE Fax:8506819017
Frprll: Manullll OlClCl!s At RGVI FaxlD: ~1lI'S Gu/lter vaughn Ta; Fixel. Magllire a WIls
May 211 LUU( l~ :~L 1"'. UL
ClIf-- __**'WU\. 'U ...., 121. a...o' ':tlftt.5
1/25/2011 Item 16.K.1.
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
CSR MB DATE (1iIIIIXlIM'Y)
r%XZL-1 os 22/o~
THIS CERT1F1C" E IB I8&UED AS A MATTER OF INFORMATION
ONLY ANI> CONFERa NO RIO)CTS UP-ON Tti!l CElmF1C:ATE
HOLDER. THIS CERTIfiCATE DOEG "aT AMEHI:I, EXTEND aft
ALTER THE COVERAGE AFFORDE., BV THE POLICIES BELOW.
.
I'ROI)UCER
ROgez:&, GlUlte~. Vau9~
]:lI.s,u::aDce, %Del.
1111 ~bomasvil1e Rd.
~llahas&ee ~ 323D3
PhODeI850-38G-l111 ra~=850-385-t827
~URS:O
I'ixel, M:l.9u1~e , Will!.!:
.11 SO\l~b Glad_den se~eei:
~allDhaSSee r.L 32301
COVERAGE8
INSURERS AFFORDING COVERAGE
WSUlERA. XL J 1U t %Uupnce
~B:
INlll.REll c:
~o-
IHllUlER ~.
NAlClIl
TH: PQl~ ~ ~ ~1&'1EC ~~ow Hf.Vl1 ~ ISSU:O TO~.l!lIlIlED IiWiEO ~VE FOR M F'Ql.lCY p~OClINDICA'lS). NOlWI'DlST~1N3
N/V ~. mlll:lA CONomCN Of' f1hY COfolTR.ICI" OR OtHER ClOClHENT WIlW RESPEeTTO WHiOi THIS CEJrnFlCAlC PlAY BE 1s&JED CIt
!\IA.Y l'fRTAlN. m; ItIGl.tWICE ~1'OAI:iED BV 'lH: l>Ol.:el~1l CESCRl3eD ~ IS SUB..ECTTO AU. nE~. fXQ.UBIDNS >>l:J CQOTlON!; elF SUCH
PQ~ICc;. .AG~TE ~IINTS SHOwN IJ,AV Hl.YE BEaI JlEIlUCED BY PAID CI.AlMS. .
;b!!:=- TVI/&(IIlINBURANCIi ~NUMIlSl ~ I.MTlI
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GErEllAL~TE f
.~ AGCllEG4'T1! UhlrT Pl'P;!; PER PROOUCTS - eot.f>IOF' NJG S
I POLICV- n ~ I I LOC
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(a-~)
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~ax 239-78Z.08t4
ITOAV!iiAiiS I IO~
E.!.. eACH ACCJDeNt S
e.~. DISEt.SE - E:A EWLOVEE $
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XLP950:l.752
01/01/07
01/01/08
lell Clai.lll
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1000000
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collie: Co\Ul~Y GOVermac:Jlt
Attn: Diana peLc:on
S30l Z ~aaiam1 'tz:aU
MapleS I'L stua
CANCELLATION
COz.r.HAll SHCIW) 1M OF THE ABOVl! DIiIC:RIIlED I'CUCEIIDS CA/iCE!l.L&l) IlEI'ORE '1M! Jll(JIlIlJ.'llOt(
DATUIEREOF. TMlHSlUlNl)1N8U111!1tWlU.9lIlI!.\VQRTO~L ~ Dl'1lll'MllnSf
~CE TO THi CERl'FIeATIi IlCUl~ IWoIEIl TO 'lIE IJ!I'T. II\JT' FAI..lIIlI! TO 00 80 llIw.&.
woa;NO cllLlGA'I1QN OR LWILIlV OF Am KHl ~'IM!I ~ rr; A=tI1"$ OR
REl'REGSfl'A'TlVA.
II&'RESE I\lNE a ~
1\\~~'JlL.... e, ~~
OACORD CORPORl' N 1918
.
eERTlFlCATG HCLDEIt
ACORD 25 (2OQt/ll8)
Packet Page -933-
FIXEL & MAGUIRE Fax:8506819017
Frfl'll: Ma"uelB stokes At: RGVI FBlCID: Rogers Gun~rvau;hn To: Fb\eI. Maguire & WWs
Ma~ 24 2007 13:~2 P.U~
DIrt ---~ ..........- __nta -'SLlI.:I
1/2S/2011Item 16.K.l.
IMPORTANT
If the celtificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on thIs certificate does not confer rights to the certifieste holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the polley. certain policies may
require an endorsement A statement on this certificate does not cenfer righte to the certificate
holder In lieu of such endorsement(s).
. DI$CLAlMER
The Certificate of InsurElnc:e on the reverse side of thIs form dQe5 not con6t~ute a contraot between
the Issuing lnaurer(s), authorized representative or produoer, and the cert~lcate holder, nor does ~
affirmatively or negatively emend, extend or alter the coverage afforded by the polioles listed thereon.
.
. ~CORD 2S (200'\(08)
Packet Page -934-