Agenda 04/23/2013 Item #16K14/23/2013 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve an Assumption Agreement substituting the law firm of
Smolker Bartlett Schlosser Loeb & Hinds, P.A. for the law firm of Bricklemyer Smolker &
Bolves, P.A., in the Retention Agreement dated April 24, 2007 which was amended twice.
OBJECTIVE: To substitute the law firm of Smolker Bartlett Schlosser Loeb & Hinds, P.A.
for the law firm of Bricklemyer Smolker & Bolves, P.A., in the Retention Agreement dated April
24, 2007 which was amended twice.
CONSIDERATIONS: Collier County and Bricklemyer Smolker & Bolves, P.A. entered into a
Retention Agreement dated April 24, 2007. The original agreement was for a period of two
years and was renewable, upon mutual consent of the parties, for two (2) additional terms of one
(1) year each. On January 25, 2011, the parties entered into an Amendment to Agreement for
Legal Services to extend the contract for an additional term of two (2) years commencing on
April 23, 2011 and terminating on April 22, 2013. On January 22, 2013 a Second Amendment to
Agreement for Legal Services was entered into by the parties to extend the contract for an
additional term of two (2) years commencing on April 23, 2013 and terminating on April 22,
2015.
In February 2013, Bricklemyer, Smolker & Bolves, P.A. was re -named to Smolker Bartlett
Schlosser Loeb & Hinds, P.A.
It is in the best interest of the County to continue to utilize the services of the renamed firm,
since the name change has no present impact on attorney representation in various ongoing
matters under the existing Retention Agreement.
FISCAL IMPACT: There is no fiscal impact incurred by this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: To substitute the law firm of Smolker Bartlett Schlosser Loeb &
Hinds, P.A. for the law firm of Bricklemyer Smolker & Bolves, P.A., in the Retention
Agreement dated April 24, 2007 which was amended twice.
Prepared by: Jeff E. Wright, Assistant County Attorney
04- COA- 01158/
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4/23/2013 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve an Assumption Agreement substituting the
law firm of Smolker Bartlett Schlosser Loeb & Hinds, P.A. for the law firm of Bricklemyer
Smolker & Bolves, P.A., in the Retention Agreement dated April 24, 2007 which was amended
twice.
Meeting Date: 4/23/2013
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
4/11/2013 1:54:07 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 4/11/2013 2:50:02 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/15/2013 9:50:30 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/15/2013 10:50:39 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/15/2013 11:46:38 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/15/2013 1:45:11 PM
Name: OchsLeo
Title: County Manager
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Date: 4/15/2013 2:21:12 PM
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4/23/2013 16. K.1.
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4/23/2013 16. K.1.
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of , 2013, by
and between the law firm of Smolker Bartlett Schlosser Loeb & Hinds, P.A., and Collier County,
a political subdivision of the State of Florida ( "County ").
WHEREAS, on April 24, 2007, the Collier County Board of County Commissioners
entered into Retention Agreement with Bricklemyer, Smolker & Bolves, P.A., (attached hereto
as Exhibit A, and hereinafter referred to as the "Agreement "), as amended; and
WHEREAS, Bricklemyer, Smolker & Bolves, P.A., has been re -named to Smolker
Bartlett Schlosser Loeb & Hinds, P.A.; and
WHEREAS, the parties wish to have the law firm of Smolker Bartlett Schlosser Loeb &
Hinds, P.A. to formally assume the rights and obligations 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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FOR COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and legal sufficie c
By:
Jeff E. Wright
Assistant County Attorney
4/23/2013 16.K.1.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Georgia A. Hiller, Esq., Chairwoman
FOR THE LAW FIRM OF SMOLKER BARTLETT SCHLOSSER LOEB & HINDS, P.A.
By. z r--.--
/"Jeffrey L. H`' ds, Esq.
Title: �� �tG i 14' +l—
Date: 2 �'{ IAC C\ 13,
STATE OF FLORIDA
COUNTY OF
The foregoing Assum ti�?greem t
G•G� , 2013, by _ 'C �'i�t `1
He i-� personally kawu to m+ or produced
04- COA -01 158/2950
ac l owled ed before me this Zy day of
/ as identification.
Signature of Notary Public
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Name of Notary Public (t)ped or printed)
My Commission Expires:
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Signature of Notary Public
f'7 . F4 r' n 4 l' Gf Y' -Z.
Name of Notary Public (t)ped or printed)
My Commission Expires:
Page 2 of 2
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