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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/ Packet Page -1673- 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 Packet Page -1674- Date: 4/15/2013 2:21:12 PM Packet Page -1675- 4/23/2013 16. K.1. i 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. Page 1 of 2 Packet Page -1676- } 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 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 Packet Page -1677- i �rNKC i µ4 {#� KRS 1 GIB A. I�G V"EZ �•9 MY COMMISSION t EE 000516 leffl TinENotary ft t Bonded Pudic m 04- COA -01 158/2950 ac l owled ed before me this Zy day of / as identification. 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 Packet Page -1677- i