Backup Documents 12/10-11/2013 Item #16K 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the
exce tion of the Chairman's si nature draw a line through routing lines # I throw #2, complete the checklist, and forward to the Co un Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
a ro riate.
Initial)
Applicable)
2.
12/10/13
Agenda Item Number
16K5 "
3. County Attorney Office
County Attorney Office
ERP
12/10/13
4. BCC Office
Board of County
Commissioners
b
Z
5. Minutes and Records
Clerk of Court's Office
Documents Attached
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
.4a. cc ac .1.n ., —A t. a to t ct.ff fnr additinnal nr missing information -
Name of Primary Staff
Emily Pepin, Assistant County Attorney
Phone Number
252-8842
Contact / Department
a ro riate.
Initial)
Applicable)
Agenda Date Item was
12/10/13
Agenda Item Number
16K5 "
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
ERP
Type of Document
Contract Amendment — Smolker Bartlett
Number of Original
One
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
number if document is
N/A
to be recorded
All handwritten strike -through and revisions have been initialed by the County Attorney's
ERP
INSTRUCTIONS & CHECKLIST
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
Initial)
Applicable)
1.
Does the document require the chairman's original signature?
ERP
2.
Does the document need to be sent to another agency for additional signatures? If yes,
ERP
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
ERP
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
ERP
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
ERP
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
ERP
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
ERP
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 12/10/13 and all changes made during
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
Initials of attorney verifying that the attached document is the version approved by the
9.
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
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MEMORANDUM
Date: December 16, 2013
To: Debbie Allen for Emily Pepin
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Contract Amendment — Smolker Bartlett
Attached for your records is one (1) certified copy of the document
referenced above, (Agenda Item #16K5), adopted by the Board of
County Commissioners on Tuesday, December 10, 2013.
The Minutes & Records Department has kept the original document
where it will be held as part of the Board's permanent record.
Please let me know if I can be of any additional help.
If you have any questions, please call me at 252-8411.
Thank you
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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 & 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:
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
$5,000 for lodging costs incurred for representing Collier County at each extended trial
held in Collier County, Florida.
2. Except as modified by this Amendment, all other terms and conditions of the
Agreement as amended and assumed by Counsel shall remain in full force and effect. If there is a
Page 1 of 2
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conflict between the terms of this Amendment and previous versions of the Agreement, this
Amendment shall prevail.
In WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
for Legal Service on this 10th day of December, 2013, with the intention to attach this
Amendment to the Agreement.
ATTEST:
DWIGHT E.;BRKX, Clerk
By.
A est as to Chai W$ 7,'Deputy Clerk
signatureonly.`
Approved as fo form and legality:
('134iei�
Emily R. Pep
Assistant County Attorney
Secon6 Witn?',
7-S I/ - Gc L( K er—
Type/print witness name
LIM
is A. Hiller, Esq., Chairwoman
Smolker, Bartlett, Schlosser, Loeb and
Hinds, P.A.
Counsel
G
By•
ame: Jeffrey L. Hinds, sq.
Title: `C7 0
Page 2 of 2
Item # L -6 -k -S
Agenda
Date 1 Z
Date
Recd
Deputy Clerk
16K5
Contract 064047 Eminent Domain Legal Services
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES made and entered into this
per,{
day of Fj�=ry, 2007, by and between the Hoard of County Commissioners,
(hereinafter _referred to as the "Board" and/or 'County/'), and the law firm of
Brickiemyer, Smolker & Bolves, 500 East Kennedy Boulevard, Suits 200, Tampa,
Florida 55002, (hereinafter referred to as OCounsel'.
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 promises and covenants contained
herein, the parties mutually agree as folio":
I. 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
Didion, 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.
exHisrt
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.) ncurred pursuant to this Agreement,
provided that such coalsare supported by appropriate documentation subrniited 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 involve for services and direct costs incurred by Counsel
shall be billed to the County Attorney on a morftly or quarterly basis at the discteft of
Counsel. All invoices shall he. 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 to
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 shalt 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
The Consultant shall provide Insurance as follows:
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A. C _mial Gen*mlL, Llabiift Coverage shall have minimum limits of
$1,000,000 Per Occurrence.. Combined $hVe. Limit for SWO1 injury Uability
and Property Damage UebiNty..This shalt include Premises arid Operations;
Independent Consultants; Products and Completed Operations and
Contractual Uablilty.
B. Buaineaa Autc'LIa�bl w Coverage shalt have minimum limits of $500,000
Per Occurrence, Combined Single. Limit for Bodily Injury Uablky and
Property Damage Liability. This shall Include: Owned Vehicles,. Wired 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 lags.
The coverage must include Employers' Uability with a minimum lima of
$1,000,000 for each ascldent.
$pmslal Oftirements: Collier County shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid Insurance policy(les) meeting the requirement herein ldenftd shall be
maintained by Counsel during the duration of this Agreement.
Renewat.certi0cate(s) shall be sent to the County thirty (30) days prior to the expiration
date(s) on any such policy(les). There shall be a thirty (30) day notification to the Board
In theevent of cancellation or modification of any stipulated Insurance coverage.
7. To the maximum extent permitted by Florida law, the
Contractor/Vendor/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, recldessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or . utilized by the
ContraictorNendor/Consukant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
3
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section doess not pertain to any incident arising from the sole negligence of
Collier County.
S. 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 lediad-on Counsel. 1n
addition, Counsel shall comply with all rules, regulatlocrs.and laws of Collier County, the
State of Florida, or the U. S. Government now in force or hereafter adopted.
9. The parties hereto acknowledge and agree that through the provision of
legal services to the County as contemplated by this contract, Counsel will gain
knowledge and information as to existing litigation .strategies, including pre -litigation
planning, and may be fundamental in establishing future litigation and pre-iltigatlon
strategies for the County.
The parties agree that the use of this information in the representation and
defense of property owners against. the. County may undermine the effectiveness of
such strategies and may adversely effect the County. The parties agree further that
Counsel's representation of private clients against the County could disadvantage the
County In future acquisitions. Counsel agrees, therefore, that while under contract with
the County and for two (2) years following the exparationAermination 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 tate. thirty (30). day period after any notice of Intent to.
4
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terminate- for convenience has been given. The County reserves the right: to temAnste
this Agreement immediately, for cause, upon:wriften, rame to Counsel.
12, This Agreement shalt be effbc&e 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 additIO'nal terms Of One
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 revftfively, by an
authorized: -person or agent, hereunder set their hands and seals on the day and year
first abovio wrftteA."-
-EXA A—. -'
—
H
"ILI
BOARD OF COUNTY COMMISSIONERS Or
COLLIER COUNTY. FLPRIDA
ark
JA, Qt By:
James Cole, Chairman
WIA
Priintedfryood Name
Bdcklemyer, Smolker & Solves
Sy -v
Printed/Typed Name
Approved as to form and legal sufficiency:
jerffer A. BeIndiA
K
Assistant County Aft1day
5
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Chubb GftWbf InSUusnaa Cornpanlss
15 mountagYYli r Rbsd
oNeJara� w`"''r'. N.+r J.ray 07059
16K5
CHUBB FRO lr4WMRS
PROFESSIONAL LL4BIUTY
DECLARATIONS FEDERAL imsw ANCE COMPANY
A 8130k Incur W9-oaqpsny, ir>corporsbd unclar tltie
Ism d indene. berm COW tate Company
CraoW Conn, 251 Norah Nnok, Sub 1100
W*mpoW IN 46204.1027
Policy Number: 0801-2942
NOTICE: THIS IS A CLAIMS`BMADE. POLICY. WNICH'APPLES ONLY TO "CLAIMS" FMT MADL DURING
THE "POLICY PER100. OR ANY SIDED REPORTW PERIOD. THE LIMIT CFLIKBTLIr- TO RAY
DAmAGES OR SETTLEfYrloTB WALL Be SIA AND toy BE EIMAUBTED BY "DENSE CC8T8."
AND "DEFENSE C09 M WILL III APPLIED AGAINST. THE RETENTION AMOUNT. IN NO E111:NT'I THE
COMPANY BE LBL
IAE. FOTO; " 10FENSE COSTB" OR THE AMOUNT OF ANY JUOGMEW CR'Wf iLgMENT
IN EXCESS OF THE AP,PLICAME LIMIT OF LIA1111 T'IY. THE OOVERAGE AFFORDED UNDERTHid POLICY
DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. READ THE ENTIRE
POLICY CAREFULLY.
ITEM 1. FIRM -NAME-AND ADDKS3:
Brlc klomyer, ...... 6 Bowes, PA
500 East;=94,
Suite 200
Tamps, FL 335{12
ITEM 2. PREDECESWR FIRM(8) -NAME AND ADORESM
NIA
ITEM.:3. POLICY PERIOD:
(A) lnoeplori Oats: August 1, 2008
(Bj Expifadrxt Owe August 1, 2007
at 13:01 a.m., bc4h dates at the Address In ITEM I.
ITEM 4. LINITIS OF LIAI0LRY0wW3W of Defense Costs):
(A) $ 3;000,000.00 memdmumlknitd each Cisimn
(B) Z 7,30000 mm*num apgropaos M* of 8ablilty under this Policy for all dfwoInnry and
s
(C) $ 3,000;000:00 main apprepate limit of bb fr underd>s Policy for all, Calms.
ITEM 5. RETENTION AMOUNT: $W,00o.0o each Claim or Related Clahmms.
REM 6. EXTENDED REPORTING PERIOD:
(A) Add lwW Period (B) AddWwd Premium
y: Yew 150'10 of Annual Premium
2 Year NZA % of Annual Premmdrurr:
3 Year NIA % of.Annuai Pmerrdarn
REM 7. PENDING OR,PRIOR DATE: NIA, at 12:01 a.m. at the Address In ITEM 1.
ITEM tt: PREM ILRA.-
14.02-8303 (Ed. 04rAN) Page 1 of 14
CAO
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CHUB PRO LAWYERS
PROFESSIONAL LIABILITY
Those Dgcbrg%oM on . campated algimed A4*lesftn and thlaft" vft E"dOnmmy& Shap COMbUft
the . contract between the twoud-mW the COmpw*�
In WWW" W""Id, On CoMpmy W""i thIS pWky hen :cawed Oft Poky to be *%pW by Is sugwxtmd
dftwt, but It SW not be VWM w6as also sip W by a d* stawrind mpmanW" Of #0 Ca WW-
FEWRAL INSURANCE COMPMY
Loc
1402-9303 (Ed. OQW)
Pop 2 of U
16K5
Qe�e�aunt
=^"A O%V—Mw=IT O%r I I s ren NOM/ IaI�•! lex ►lo%►r' am mm ffm
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IMPORTANT
if ow c*Vmb holder Is an ADDffXW& INSURED, the powAss) must be w&mo& A rdetemsnt
an ft ov"mia does not wnfor rights io the cm0caft holds' In Neu of such WWWSOmrd(s).
It SUBROGATION IS WAIVED, WAOd to the Wm WW WIX11"Ons Of 00 POW WfW Pelfcba OW
require an mWorsomeft A SWUnat Ch #0 00 WCS A don root - omfor rights to the cW11110810
holder in Neu of such andorsenoNs).
VISOWNISR,
The Co"=10 of Irtsurance on the reverse " or 04 form 6*8 not Owslik" a mftd betwm.
the Issuing kwjmqs), ou#wtted r*prn*Wada of pmduosr. and :the cirliflosts holder, - riot doss R.
&Mmmdv*.,or:mVoVv* amend. extend or altor the =Vorap afforded by the P0NcW6 118W th0tan
2 of 2
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OCA
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AM>"KENT TO AGRUMENT FOR LEGAL SERVICES
THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES m Contract No, 06.
4047 Eminent Domain Legal Services is entered into on the below data by Collier Counlyr,
Florida, a political, subdivision of the State of Florida,. throw its Board of County
Commissioners., hereinafter referred to as the "County" and 'Brickletnyer, Smo&a & AolveN
500 East Kennedy Boulevard, Suite 200, Tampa, Florida 33602.Oweinaft reftrW to :as
'Counsel").
WITNESSETH
WHEREAS, on April 24, 2087, the County and Counsel entered into atr Agreement :lthe
"Agreement") witereq #he; 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
Agnaement is for a two (2) year term with two (2) additional renewal terms of one yearper each
term; and
WHEREAS, the original term of the Agreement, including the renewal terms, will expire
on April 23,2011; and
WHEREAS, the parties with to amend. the Agroeertemt to extend the term of sefivice at the
existing rates for providing these specialized legal services for an additional two (2) years
commencing -on April 23, 2011.
NOW, THEREFORE, in. consideration of the mutual promises and covenants contained
herein, the patties hereto agree to amend the AV+eementt: as follows:
1.3. Unless terminated pursuant to Section 11, this Agtecanetnt.ehall be extended
j„ theousreat site of mon for R an additional term of two (2) years:
e otum Bina on At►r l . 2oI 1 and IerminatW an &d 22.2013. Tltie wont
lit" be W Um open, %lion 00690
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
on this ag' day of January, 2011, with the intention to attach this Amendment to the original
Agreement.
EXHIBIT
16K5
I
ATTEST': BOARD OF COUNTY COMMISSIONER$
COLLIER COUNTY, FLORIDA
B, P
5W.W
tv Clerk FRED W. COYLE, Chairmai,
P
Sea* R. Tdekch
Deputy County Attorney
2
Bricidonya, Smolkw & Bolves
Counsel
N e;
Title::ip 4Lfr4m
Ntmi: W. Bartlett
Title: de-0teco
ONO
16K5
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 .Hoard of
County Commissioners, hereinafter referred to as the "County" and Bricldemyer, 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 Coutisol. entered into an Agreement (the
Agreement") wherein the County agreed to retain Counsel to provide professionalspecialized
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
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 112.061, 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
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 Apri123 2013.
NOW, TREREFOR"E, 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 Duce of the County Attorney or the County's
Transportation Division, agrees to, pay counsel as compensation for legal
services at Counsel's rate of $298:09 $225.00 per hour for all trial work and
$200:96 $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:
EXHIBIT
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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 April 23, 2044 22013 and terminating on April 22, 2W
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 qday of January; 2013, with the intention to attach
this Second Amendment to the original Agreement.
AS TO THI4'Y,.
AT 1 E�7'i x :r
DWv
'BC; 4 eik
r1by:
qty clerk``
7��;toit ai 'teA Ch1: '
A ed:as: to f `d
le
Scott R. Teach
Deputy County Attorney
AS TO COUNSEL:
zC
fitness
Type rint witness name
Secind Witness
L : Jm ► h
TyleJprint witness name
f0
OF COUNTY COMMISSIONERS
A.HILLER, ESQ., CHAIRWOMAN
Bricklemyer, lker Bolves
0
By. t ///
14MV6., Jeffrey L, Inds, Esq.
Title: ✓' 4tW t�
1 6K I a
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of f 2-b"" 2013, by
and between the law firm of Smolker Bartlett Schlosser Loeb & Hinds, A., and Collier County,
a political subdivision of the State of Florida ("County").
WHEREAS, on April 24, 2007, the Collier County Board of County Commissioners
entered into Retention Agreement with Bricklemyer, Smolker & Bolves, P.A., (attached hereto
as Exhibit A, and hereinafter referred to as the "Agreement"), as amended; and
WHEREAS, Bricklemyer, Smolker & Bolves, P.A., has been re -named to Smolker
Bartlett Schlosser Loeb & Hinds, P.A.; and
WHEREAS, the parties wish to have the law firm of Smolker Bartlett Schlosser Loeb &
Hinds, P.A. to formally assume the rights and obligations under the Agreement, effective as of
the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
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, 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.
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EXHIBIT
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FOR COLLIER COUNTY:
ATTEST-.--- I%- p,CeR� p�
DWIGkr,-'15ROCK,.i3erk
I By,
Attest as t
signature onty "
Approved as to form and legal suffici c
By:
Je . Wright
Asst ant County Attorney
16K5
16 K 14
OF C=Y COMMISSIONERS
R CO , FLORIDA
, Esq., Chairwoman
FOR THE LAW FIRM OF SMOLKER BARTLETT SCHLOSSER LOEB & HINDS, P.A.
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By: r______
Jeffrey L.H1' ds, Esq.
Title: 01 I %* r
Date: 2 4 Aart\ t 3
STATE OF FLORIDA
COUNTY OF
The foregoing As 9u eiQ,p„ -\ eint
G.G� , 2013, by � C }--}}..!!!! l..
He is,nersonally known to mg or produced
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MKOAAMM Signature of Notary Public
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EMAM: June 14, 2014EW
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eonaanw�f+wa�cune■.�w. K Y l� s -r �., �- I� rn g N �Y Z
Name of Notary Public (typed or printed)
My Commission Expires:
04-COA-01 158/2950
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