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#13-6016 (Addendum to CESM Svcs Brenda Garretson) 16F 1 ADDENDUM TO AGREEMENT 13-6016 WITH BRENDA C. GARRETSON FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT THIS ADDENDUM TO AGREEMENT 13-6016 ("Addendum") is entered into this 1304n day o ,cesr- 2016, by and between Brenda C. Garretson ("Garretson"), and Collier County,a political subdivision of the State of Florida("County"). WITNESSETH WHEREAS, on May 15, 2013, the Collier County Board of County Commissioners ("Board") entered into Agreement 13-6016 "Special Magistrate Services for Code Enforcement" with The Garretson Law Firm, LLC, d/b/a Rhodes, Tucker& Garretson, at which time Garretson was the firm's Managing Member; and WHEREAS, by an Assumption Agreement dated .lune 10, 2014, Garretson accepted and assumed all rights, duties, benefits, and obligations under Agreement 13-6016 in order to continue to provide Special Magistrate services independently. (A copy of the above-referenced Agreement 13-6016 and Assumption Agreement are attached hereto as Exhibit A); and WHEREAS, through its adoption of Ordinance No. 2016-19, the Board established a vendor payment dispute resolution process in accordance with the Local Government Prompt Payment Act. The Board also approved the "Collier County Prompt Payment Procedure" to facilitate the dispute resolution process which states in part, "If the parties are unable to reach resolution on the payment dispute, the County Manager shall appoint the Special Magistrate as a Hearing Examiner, to whom the matter will be referred." (A copy of Ordinance No. 2016-19 and the Collier County Prompt Payment Procedure are attached hereto as Exhibit B); WHEREAS, the County agrees for Garretson to work with the County Manager, or designee, on the development of any necessary ministerial documentation to be utilized for the facilitation of the additional duties outlined in Ordinance No. 2016-19 and the Collier County Prompt Payment Procedure; and WHEREAS, the County and Garretson desire to formalize Garretson's acceptance of the additional duties outlined in Ordinance No. 2016-19 and the Collier County Prompt Payment Procedure. EXHIBIT "A" 16F 1 AGREEMENT13-6016 for Special Magistrate Services for Code Enforcement THIS AGREEMENT, made and entered into on this____L•441 day of herr. 2013, by and between The Garretson Law Firm, LLC, d/b/a Rhodes, Tucker & Garretson, authorized to do business in the State of Florida, whose business address is 800 North Collier Boulevard, Suite 203, Marco Island, FL, the "Consultant" and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The Consultant shall commence the work upon contract execution, for a two (2) year period. The County, at its discretion, shall have the option to renew the contract after the initial term for one (1) additional two (2) year term. Such renewal shall be under the same terms and conditions, unless otherwise modified in writing by the parties. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consultant shall provide Special Magistrate services in accordance with the terms and conditions of RFP #13-6016 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement at the hourly rate of $175.00 (One Hundred Seventy-five Dollars). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) Page 1 of 8 1 � 16F i months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Rhodes, Tucker &Garretson Attorneys at Law 800 North Collier Boulevard, Suite 203 Marco, Island, FL 34145 Tel: (239) 394-5151; Fax: (239) 394-5807 Brenda C. Garretson, Esq. Brenda@marcolawfirm.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing &General Services Director Telephone: 239-252-8975 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for Page 2 of 8 16F i payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex,color, creed or national origin. 11. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate 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. Page 3 of 8 ..CAO ��®....,j// 16F 1 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 $500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all subConsultants/Consultants comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the 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, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other 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. Page 4of 'CA® 16F I 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate, RFP #13-6016-Special Magistrate Services for Code Enforcement, and Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Page 5 of 8 CIO cA 16F �. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL/CONTRACT STAFFING: The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. Page 6 of 8 16F I 25. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Consultant's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the RFP and the Consultant's Proposal, the language in the RFP would take precedence. 26. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. ****************************Remainder ***************************** Remainder of page intentionally left blank Page7of8 411;) 16F 1 IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: \tkc )4c..e- -.,�--. Joa e Markiewicz, ./le TTurchasing and General Services Dir- : : The Garretson Law Firm, LLC, d/b/a Rhodes Tucker &Garretson, Attorneys at Law Consultant First Witness Signature Ns\CO\e >d���C��e 2te)r6'tz C , Glore — 1'Type/print witness nareT Type/print signature and title ANNAck- A - aL .. • !- 'Secon+ Witness TTvpe/print witness nameT Approved as to form and legal sufficiency: It Assistant County Attorney o l C \)(4),'(\ Print Name Page 8 of 8 CAS Cc) 16F 1 Client*:17056 RHOTU ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMmDn•YYYIo5/03t2013 fTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policyQes)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certaln-pollcles may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER '.,I ijpj `CT Iseii Garcia Gulfshore Insurance-Naples j PIIONE239 261-3646 " 239 435-0598 4100 Goodlette Road North a.Maas�): ( �� ADORES-: Igarcia@gulfshoreinsurance.com Naples, FL 34103-3303 1INsuREwstaFONmuvcCOVERAGE NAICS 239 261-3646 !IINSURERA:Old Dominion Insurance Company 7sUReD 1 INSURER B:The Travelers Insurance Company Rhodes,Tucker&Garretson Attorneys !INSURER c PO Box 887 Marco Island,FL 34146 esu D. :INSURER E: 'INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEC TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WM, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIR1 TYPE OF INSURANCE POLICY NUMBER (INVDDIT Dn'YY NSR /4DOLISIIIIFI POLICY POLICY EXP � VfLITS A I GENERAL LUMLEY I BPG4206F i35/15/2013105/15/2014i EACH OCCURRENCE 111,000,000 X!COMMERCIAL GENERAL LIABILITY PRERNtSE3{Ea�am rrencel $500.000 CLAIMS-MADE ri OCCUR Ii ED MEXP(Arty one person) $5,000 I ,PERSONALBADV INJURY 161,000,000 • 1�----'' i GENERAL AGGREGATE !$2,000,000 IGGan AGGREGATE PL APPLIES PER: ! PRODUCTS-COMP/OP ASS s2,000,000 I j POLICY :J 'LOCI$ I AuroenelL>E.uA61u rr i COMBINEDUSINGLE LIMIT I S I I ANY AUTO BODILY INJURY(Per person) S , ALL OWNED ,—SCHEDULED BODILY INJURY(Per redder) $ AUTOS I NOrNON-OWNED I I ' HIRED AUTOS L. AUTOS I I i i !(Per accident $ 1 j UMBRELLA LtAB ^I OCCUR , EACH OCCURRENCE I S EXCESS LIAR 1 ',i cuums-MADE' - AGGREGATE S DED RETENTION S I 'S i WORKERS COMPENSATIONWC STATU- 1 (OTE- B IAUB0794Ytt27813 p5/15/2013105/15/Z01�x �rDRYIJMITS; IER AND EMPLOYERS'LIAetRY ANY PROPRIErOWPARTNER(EXECUTIVE Y N : I { r— EL EACH ACCIDENT 6500,000 M OFFICEIRMEMBER SCCLUDE77 N f N i A , 7(Mandatory In NH) I ELDISEASE-EA EMPLOYEE!$500,000 If DESSC.RIR PTIescrO N OF OPERATIONS below E EL DISEASE-POLICY LMIT I s500,000 I 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Ramarte Schedule,If more space is raquIredl Re: 13-6016 Special Magistrate Services CERTIFICATE HOLDER CANCELLATION SHCollier County Board of County THEE EXPIRATIONLD ANY OF DE� THEREOF,VE DESCRIBED WILL E BE DELIVEREDBEFORE Commissioners Contractors Uc. ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamlami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE t ( SRWAaf _ •7aveY...W►P ©)1983-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S646772/M641526 AVE C i6F Is ~""1 OP ID:CD ��®�Q` �CERTIFICATE OF LIABILITY INSURANCE DATE(MNADtYYYY) 04/1212013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ' REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. 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). PRODUCERPhone:239-437-5555 CONTACT NAME: Atkinson&Assoc.InsuranceFes•239-689-3826 pHONE FAX 1537 Brantley Rd,Bldg C (A1C,No.Ext, (ATC.NO Fort Myers,FL 33907f E-MAIL Carolyn D.Diggs A068462 ADDRESS: _ PRODUCER RHODE-1 i CUSTOMER ID t: INSURER(S)AFFORDING COVERAGE - i NAJC a INSURED THE GARRETSON LAW FIRM LLC INSURER A:NATIONAL UNION FIRE INSURANCE 119445 (( DBA: RHODES,TUCKER AND j GARRETSON INSURER B:COMPANY OF PITTSBURG, PA. 800 N.COLLIER BLVD.,SUITE 203 INSURER C: MARCO ISLAND,FL 34145 INSURER C: INSURER S 4 I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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, OCCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS: NSR! POLICY EFF ' POLICY EXP LTR TYPE OF INSURANCE iINaQ Wyp POLICY NUMBER (MMIowrofen WDDIYYYY) LIMITS GENERAL LABILITY ! EACH OCCURRENCE S I I COMMERCIAL GENERAL LIABILJTY !DAMAC S(( a occurrence $RENTED CLAIMS-MADE I OCCUR . .MED.:JCP(My one person) I$ PERSONAL&ADV INJURY f S GENERAL AGGREGATE !!$ GEM_AGGREGATE LIMIT APPLIES PER: II i !PRODUCTS-COMP/OP AGG-S {I{ I POLICYLOC I ; 5 AUTOMOBILE L,ABIUTYj COMBINED SINGLE LIMIT I '(Ea accident) S ANY AUTO — I - BODILY INJURY(Per person) :S ALL OWNED AUTOS BODILY INJURY(Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE S ` i HIRED AUTOSMe-accident) NON-OWNED AUTOS I I !I$ UMBRELLA LIAB )OCCUR EACH OCCURRENCE S i—II EXCESS UAB :CLAIMS-MADE j l iAGGREGATE S : DEDUCTIBLE S RETENTION S i I$ WORKERS COMPENSATION WC STATU- I IDTTi_I AND EMPLOYERS'LIABILITY Y 7 N ' 'TORY LIMITS ER I ANY PROPRIETOR/PARTNER/EXECUTIVE: I =.L.EACH ACCIDENT I$ OFFICER/MEMBER EXCLUDED'? IN/A: (Mandatory in NH) `—I f ,I E.L.DISEASE-EA EMPLOYEE$ (I per,oea.^rioe under DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT S A PROFESSIONAL 44902428 10/01/2612 i 10101/2013 PER CLAIM 1,000,000 (LIABILITY 1 ,• (CLAIMS MADE FORM (AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (Attach ACORD 101.Additional Remarks Schedule,If more space is required) J.AWYERS OFFICE _ I i CERTIFICATE HOLDER CANCELLATION COLLI01 SHOULD ANY DF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COLLIER COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 3327 TAMIAMI TRAIL EAST AUTHORIZED REPRESENTATIVE NAPLES,FL 34112 x2--re"-r— ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD C 16F I DeLeonDiana From: Nicole Rodriguez[nicole@marcolawfirm_com] Sent: Tuesday, May 07, 2013 8:52 AM To: DeLeonDiana Subject: 13-6016 Special Magistrate Services Attachments: SKMBT_045213050616410.pdf Good Morning Diana, Attached are the two Certificates of Liability Insurance for Brenda Garretson's contract# 13-6016-Special Magistrate Services. The general liability insurance company stated they will not add Collier ounty as additional insured in regards to general liability because Collier County has no interest in the premises. Ne were also told that we cannot add auto liability as we do not have any company vehicles. Thank you. Nicole Rodriguez, Paralegal Rhodes. Tucker & Garretson The Esplanade 800 N. Collier Blvd., Suite 203 Marco Island. FL 34145 (239) 394-5151 (239) 394-5807 Fax Nicole@MarcoLawFirm.com C • • . . 16F i ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of ....ILL v.Q 10 ,2014,by and between Brenda C. Garretson ("Garretson"), and Collier County, a political subdivision of the State of Florida("County"). WHEREAS, on May 15, 2013, the Collier County Board of County Commissioners entered into Contract 13-6016 "Special Magistrate Services for Code Enforcement" with The Garretson Law Firm, LLC d/b/a Rhodes, Tucker& Garretson(attached hereto as Exhibit A,and hereinafter referred to as the "Agreement"), at which time Garretson was the firm's Managing Member,and WHEREAS,Garretson has continually served as the Special Magistrate during the course of this contract and several prior contracts for these services;and WHEREAS, Garretson hereby represents to Collier County that she is retired from the private practice of law and is therefore no longer practicing with any law firm, including The Garretson Law Firm, LLC d/b/a Rhodes, Tucker & Garretson, but remains a member of the Florida Bar in good standing and will continue to provide the Special Magistrate services independently; and WHEREAS, the parties wish to formalize Garretson's assumption of 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. Garretson accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement,including all existing and future obligations to pay and perform under the Agreement. 2. The County agrees to waive the insurance requirements of the Agreement 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Consultant shall be directed to: CONSULTANT: Brenda C. Garretson,Esq. 4915 Rattlesnake Hammock Rd.,Suite 127 Naples,FL 34113 Telephone: (239)227-8151 E-mail: bkgarret@gmail.com 5. The County hereby consents to Garretson's assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Garretson as the Consultant for all purposes under the Agreement r 16F• . • 1 . IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. • A ITEST:,.0,:,..• BOARD OF COUNTY COMMISSIONERS DWIC tIIRCK,Clerk COLLIER COUNTY,FLORIDA • Bye ,.. .Asb By• ,. /'i oo. �Cy lerk om ` :is ' i 1 Attest a5.to.,,,.. .410,....,,:, t1'S- V oilla Slgnattll'a only. 4161......._, ta,. . ;rm. . C. - .• Esq. Approved -;:i, rill and legality: _ i , Jeffrey A. w, h,ounty Attorney • • 2 0 r T • 16F1 Exhibit A AGREEMENT 13-6016 for Special Magistrate Services for Code Enforcement THIS AGREEMENT,made and entered into on this ?5 day of - 2013,by and between The Garretson Law Firm, LLC, d/b/a Rhodes,Tucker&Garretbon,authorized to do business in the State of Florida, whose business address is 800 North Collier Boulevard, Suite 203, Marco Island, FL, the "Consultant" and Collier County, a political subdivision of the State of Florida,(the "County"): WITNESSETH: 1. COMMENCEMENT. The Consultant shall commence the work upon contract execution, for a two (2) year period. The County,at its discretion, shall have the option to renew the contract after the initial term for one (1) additional two(2)year term. Such renewal shall be under the same terms and conditions, unless otherwise modified in writing by the parties. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten(10) days prior to the end of the Agreement temp then in effect 2. STATEMENT OF WORK. The Consultant shall provide Special Magistrate services in accordance with the terms and conditions of RFP #13-6016 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the.County Project or Contract Manager or his designee;in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement at the hourly rate of$175.00 (One Hundred Seventy-five Dollars). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as.the"Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) Page 1 of 8 i • 16F1 months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted.Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associatedwith the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Rhodes,Tucker&Garretson Attorneys at Law 800 North Collier Boulevard,Suite 203 Marco,Island,FL 34145 Tel: (239)394-5151;Fax: (239)394-5807 Brenda C. Garretson,Esq. Brenda@marcolawfirm.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail,East Naples,Florida 34112 Attention: Purchasing&General Services Director Telephone: 239-252-8975 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtaine4 by the Consultant Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for Page 2 of 8 ` i 11111 16F 1 . payment of any and all taxes levied on the Consultant In addition, the Consultant shall comply with all rules,regulations and laws of Collier County, the State of Florida,or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever,County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal,, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant Should the Consultant fail to correct any such violation, conduct, or practice to the-satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultant be found to have failed to perform his services ina manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination.The Consultant shall not be entitled to any other or further recovery against the County,including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color;creed or national origin. 11. INSURANCE. The Consultant shall provide insurance as follows: A. commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate 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. Page 3 of 8 41D 16F 1 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 $500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all subConsultants/Consultants comply with thesame insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, induding, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement.by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce arty other 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. Page4of8 • • • 1ÔFI 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify,and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the mailer indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 14. CONFLICT OF INTEREST:Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect,which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal,Insurance Certificate,RFP#13-6016-Special Magistrate Services for Code Enforcement,and Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give,either directly or indirectly,any favor, gift,loan,fee,service or other item of value to any County employee,asset forth in Chapter 112,Part III,Florida Statutes,Collier County Ethics Ordinance No.2004-05,and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences:a. Prohibition by the individua.t,firm,and/or any employee of the Finn from contact with County staff for a specified period of time;b.Prohibition by the individual and/or firm from doing business with the County for a specified period of time,including but not limited to:submitting bids,RFP,and/or quotes;and,c. immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to. unilaterally terminate this agreement immediately. Page 5 of 8 D • ! 16F1 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid,or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102,Fla.Stat 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such.matters. 24. KEY PERSONNEL/CONTRACT STAFFING: The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available .for an amount of time adequate to meet the required service delivery dates. Page 6of8 41; • 16F1 25. ORDER OF PRECEDENCE: In the event of any conflit betweenProposal(Rng a terms nd/orm the of any of the Contract Documents, the terms of the Request Consultant's Proposal,the Contract Documents shall takeprecedence. In Proposal, the the in the conflict between the terms of the RFP and the.Consultant's RFP would take precedence. 26. ASSIGNMENT:Consultant shall not assign this Agreement or any part thereof,without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does,with approval, assign this Agreement or any part thereof,it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. ***********************"*'""'Remainder of page intentionally left blank**"*******'******:***,.,*,►** • r Page 7of& C • IP 16F1 IN WITNESS WHEREOF, the Consultant their the andseals on the drespectively,and year first authorized person or agent, hereunder above written. BOARD OF COUNTY COMMISSIONERS COLI,TF,R COUNTY,FLORIDA Bey: 1A64.LAw4) k Jo e Mar ciewicz, •'fie chasing and General Services Dir- The Garretson Law Firm, LLC, d/b/a Rhodes Tucker&Garretson, Attorneys at Law Consultant First Witness il Signature TType/print witness net Type/print signature and title CC161— on i- V\e‘vii i'l\tolca4e- Witness ClleY(. ae..),c)i tType/print witness namet Approved as to form and legal sufficiency: Assistant i!ounty Attorney Print Name Page 8 of 8 OCAO • • 16F1 ...--T--4 OP ID:CD RL) CERTIFICATE OF LIABILITY INSURANCE . D"TE"RIE°RTTY) W1/1?t1013 THIS CERTIFICATE IS ISSUED A5 A MA t i Est OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED rRE"RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certNicate holder is an ADDITIONAL!TOURED;the policy(les)must be endorsed. 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 cornier rights to the I certificate holder in lieu of such endorseemeni(a). Fitcoirast Matsn&Assoc Insurance Phone:239-437-5555' I 1537 Myers,Brantley Pi. d,Bldg7C Fast.239 9-3826 a ick l i&C.5u;- I FCarolyn D.Diggs A0684112 PlIwut _211:021015RHODE-7 nsuea3emAmami=mwanAca 1 twos sauna) THE GARRETSON LAS FIRM LLC INSURER A:NATIONAL UNION FIRE AHSURANCE 19445 DSA RHODES,TUCKER AND imam a:COMPANY OF PITTSBURG,PA. GARRETSON 800 H.COWER BLVD..SUITE 203 INSURER C: I MARCO ISLAND,FL 34145 INSURER D: INSURER R: I COVERAGES Chit h-ICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED ealow HAVE BEEN ISSIED TO THE BPURED NAME ABOVE FOR THE POUCY P INDICATED. NOTWITHSTANDING ANY REOUIRENafT.TERM OR CCICTIION OF ANY CONTRACT CR OTHER DOCUMENT WT11-I RESPECT'TO WHICH THIS MERTIFICATE MAY BE MUM OR MAY PERTAIN.THE INSURANCE A FLARDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE Tom. EXCLUSIONS AND CONOfl1CNS CP SUCH POUCIES.UWT'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NM I TYRE OF egURAeCE g IND I ROL:CY mama I(I OfiY"1'1 ERR + RKYY'!1 LaSTS I miaow.LIABILITY EACH OCZSJRt7etC: I s .` MEM. Y ; ' PAMMGE re MIRED S 1 I i E.S MA OCQlllellON { I !CLvus.WCE I i atx� I . RED UP(MR MrI J I s J I. PERSONAL&ADVIKEWY $ + ' ' GE.aeaPLAGGREGATE - i s ITEM! �A77ELMITAPfUES PER ;PRODUCTS-COWOP&GSI$ I I MMUM'1 f I !'LOC I I S - ffll teracsirleAS ANYMrf1D I I I aooa.Y PUURY(Parma* 1 s I ALL Dw►1®Atrr I EOM"INN itYIPrstems pl.s SC HISUMAUTOS HI I RRDRE,2TY DAMAGE_ NIXED Amoss L PerPerarJtlane S e0A-0WNWAU►DS I t I I I I i Is .41 LB► UMBRELLA. I occuR ( _ I i • �oc I S Fi R�"'�a6 ural I cLARAE-MADE Ii AGGREGATE - i S • I I mummy S I `VYC STATIi. II WORKERSCOaPEeeSn117,Cdr I i7it-LMQa1 - --1. I ane emeLoYER5'UA TTY Y f% I I I AMY> E'rma.PARTNERIExECUTNE E 1A I 1 1 I I.El..EAcrt Amason I s I OfFV=RAIEMEER OCC.U»7 Ohmchatacy M ne). I I e°L a E- EMPLOYEE S I- e R IION OF ORSCATIONS below NUL desaibe under I ( I I I...L.=Hum•POUCY user I s A !PROFESSIONAL ? !44902428 110/b1120121 10/0112013 APER CLAIM 1,000,000 LABILTIY I ! !CLAIMS MADE FORM 1I (AGGREGATE 2,500,000 OESCRPTION OF C 9DNE 1L0CA7�te 1 vernmea-(AIY1.Aa eh ACDRO 79dll r1t RenMSmalSmalls*fa tLANTERS more spam C np � pk .. f 1 CERTIFICATE HOLDER CANCELLATION I COLUOI j SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCF1 1 en aEFCRE I THE EXPIRATION DATE THEREOF, NOTICE WILL EH OP-NERED al f COWER COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIOMS, I COMMISSIONERS 3327 TAMIAMI TRAIL EAST AtrreloRR.as R3RESSRATIVE . NAPLES,FL 34112 01958-2009 ACORD CORPORATION. All rights reserved. ACORD 2512009109) The ACORD name and logo are registered marts of ACORD 41: . 16F 1 • • Mem*17056 RHOTU ' ACORD CERTIFICATE OF LIABILITY INSURANCE • DATA MIIIMOMYY1 X13 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIICATE OF INSURANCE DOES NOT C€N STTTUTE A CONTRACT BETWEEN THE ISSUING a1SURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate Picider le en ADDITIONAL INSURED,the pcNcy(les)must be endorsed.If SUBROGATION IS WANED,subject to the terms end coadidons of the policy,aertaar-pollcies may require an endassnemt A statement on tlds arm does not confer tights to the certificate holder In lieu of such endorsama t s). mow= agject Melt Garcia Guifshore insurance-Naples 221s bn,239 261.364E I FAs lot239 438.0698 4100 Goodlette Road North igarchtegultshor inslrrame.eom Naples, FL 34103-3303 ealWOtla)AFFORDS*COVERAGE � ANC* 238 251-3648 [s A.Old Doadnteel theor m*Company • =UM rpm=a:The Travelers insurance Company Rhodes,Tucker&Garretson Attorneys ?O Sou 887 ,IMAM 7Marco Island,FL 34148 D. INSIM R I: P: t COVERAGES CERTIFICATE NUMBER: REVISION NUMEISt THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 8ELCW HAVE SEEN ISSUED TO THE INSURED NAILED ABOVE FOR THE POLICY PEND ROCKIES. NLTNRTHSTANOINEI ANY REQUIRSARIT.TERM OR CONDITION OF ANY CONTRACT OR OI'r1E32 DOCUMENT WITri RESPECT TO MACH Tis CERTIFICATE MAY BE L93UED OR MAY PERTAIN. THE INSURANCE Ar•ORDED BY THE POLICIES DESCRIBED HEREN M Stift ECT TO ALL THE TERMS. EXCLUSIONS NC CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BYPAIDCLAIMS. I rake dreletIRMICE Y NIS 'i POLICY 0= lIAOIIBOlf1lSK1LBWS A I oNSIERALLNeBeTT ' 1 8PG42>� 06115/2013 0611512014 Eteafccaa x1,000,000 r CCUME CIAL 3EERALLocum i i agasIVIZEocei 1400:000 CAMS-MADE EuiOCCIst MED IMP 9Ayass pima) Is8.1b0 I ealaceAL&AOVIWURY x1,000,009 ffiLERALAGS ECATE x2,000,000 Gi3rI Aat7REGJdE�LAp�I,T.APRJL9PER i PRODUCTS-CONNOP ACO x2,000,000 r]POJCY nM n CDD 1 S a AWCIONILELIIMJTY i F =AIM SINGLE L1eiEa=NAP $ 7*NY Auto ({ IODILY NJURY(Pw VII $ I ALL memo fi ecuenuLED 1 edIIRY ILIHRYIPrAMA*.$ 1 AUNrlOOtMOWN85 i ,PCSEEFFRIC ERTY DAANGE 3 1 $ IIBNeaBLALIAOk L f 1 efL31 $ ' i use I � ,CLAMS-MADE; IAL UE 3 B IAle IMPLOTRINI ,; i IAt�0794W27813 8511=013051131201 X Il"iJ _1 I ANY Pr P o PARS rrnie r t>i[ E.L.EACH Amber (x500,000 �Nla;lre�l fXCa.11®r �ism A � I lmr,eory in Yeti ORE -EA A.. EYA_OKL�I x500,000 i i� On /naris bMar Ii ,E E1.DISEASE-MCYLMIT 1*500,000 ii I • I 1 I RESCArmsOPoreiV1T10Ya!LOCAIONSIVisac 8S(fid,ACORO tet.AddblertRamada icbrrWaB, NIIIIPAIAI Re:13-8016 Special Magistrate Services - CERTIFICATE HOLDER ` SANC ATION BEFORE Calder County Board of County THE THEREOF. Na visa B cLD ANY OP THE ABOVE DESCRIBED EDUCESCEL,uv m Commissioners Contractors Lie. ACCORDANCE ram THE POLICY FROM ottS. 3327 Tamlaml Trail East • Naples,FL 34112 - miTN eemb r aFReserrar C 1088.2010 ACORD CORPORATION.All rights reserved. ACORD 25(281 1 of I The ACORD name and logo ere registered merte of ACORD 05646772fw1641526 AVE411: 16F1 DeLeonDiana From: Nicole Rodriguez jnicole@marcolawfirm.com1 Sent: Tuesday,May 07, 2013 8:52 AM To: DeLeonDiana Subject 13-6016 Special Magistrate Services Attachments: SKMBT_C45213050616410.pdf Good Morning Diana, • Attached are the two Certificates of Liability insurance for Brenda Garretson's contract#13-6016-Special Magistrate Services. The general liability insurance company stated they will not add Collier County as additional insured in regards to general liability because Collier County has no interest in the premises.We were also told that we cannot add auto liability as we do not have any company vehicles. • Thank you. Nicole Rodriguez, Paralegal Rhodes, Tucker& Garretson The Esplanade 800 N. Collier Blvd., Suite 203 Marco Island, FL 34145 (239) 394-5151 • (239) 394-5807 Fax Nicole@MarooLawFirm.com • • • • • • 1 CAG 16F - -i Go ler County Administrative Services Department Procurement Services Division March 9, 2015 Ms. Brenda C. Garretson, Esq. 4915 Rattlesnake Hammock Rd., Suite 127 Naples, FL 34113 Email: bkgarret@gmail.com RE: Contract Renewal for#13-6016 "Special Magistrate Services for Code Enforcement" Dear Ms. Garretson: Collier County would like to renew the above agreement under the same terms and conditions for two (2) additional years in accordance with the renewal clause in the agreement. This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below: I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. I am not agreeable to renewal of this contract. By signature this contract will be in effect from May 15, 2015 until May 14, 2017. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: http://bid.colliergov_net/bid/, select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. cv 44, • *)-, Procuremert Savices Dnnsi n•3327 Tamiami Trail East•Naples,Florida 34112-4901•239-252-8407-mm coliiergov net/procurementservicN0 16F 1 Page 2 of 2 RE: Contract Renewal for#13-6016"Special Magistrate Services for Code Enforcement" Please return this letter to the Purchasing Department with your response, gevcgith 4iVECRarifY(60MatIN at your earliest convenience. If you have any questions you may contact Lissett De La Rosa at 239-252-6020, email lissettdelarosa ct colliergov.net or FAX 239-252-6592 or 239-732-0844. Respectfully, 41142 4.4 Jo Markiewi Division Director—Procurement Services Acceptance of Contract Renewal Name Ect.Oetrirrarir re.hcia, Q . G rrrtSctN a$44,Signature Print Corporate Officer Name Signature Date 5/I t1 / Updated Contact Information (In order to make sure our contact information is current.) Contact Name lreitia C. Garatfe.vt Telephone Number aaTv5 t FAX Number Email Address ik?v rpt eTa iCaryt Address 4 et 5 Rait(eS haA2. Ka W 9%tO ck Ra -*I a'1 NI1 34ifa C: Marlene Serrano, Project Manager, Code Enforcement 16F I Exhibit " B " ORDINANCE NO.2016- 19 AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY ADDING A NEW SUB-SECTION TO SECTION SIXTEEN, PAYMENT OF INVOICES, WHICH ESTABLISHS A VENDOR PAYMENT DISPUTE RESOLUTION PROCESS IN ACCORDANCE WITH THE LOCAL GOVERNMENT PROMPT PAYMENT ACT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES,AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum value for the County by procuring the best value in obtaining commodities and contractual services;and WHEREAS,to better effectuate this desire, on December 10th,2013, the Board adopted Ordinance No.2013-69,known as the Collier County Purchasing Ordinance;and WHEREAS,the Board wishes to establish a vendor payment dispute resolution process in accordance with the Local Government Prompt Payment Act;and WHEREAS, in keeping with the above, the Board of County Commissioners wishes to amend this Ordinance as follows. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Section Sixteen of the Purchasing Ordinance, Payment of Invoices, is hereby amended as follows: A. Agencies under the purview of the Board of County Commissioners shall be in compliance with F.S. § 218.70, otherwise known as the "Local Government Prompt Payment Act." Pursuant to this,the requirements of this section shall apply to the following transactions: 1. The purchase of commodities and services; 2. The purchase or lease of personal property; 3. The lease of real property. B. The County Manager shall establish and maintain procedures that authorize minor payment variances between the purchase order and invoice where warranted. The authority to pay such variances shall not exceed 5%of the purchase order amount or$500,whichever is less. C. The County Manager shall establish and maintain a process that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order of less than$500. Words Underlined are added;Words Snuck-Through are deleted. Page 1 of 4 16F 1 D. It shall be the responsibility of the County Manager, in consultation with the Clerk's Finance Director and operating Divisions, to establish, procedures for the timely payment of all transactions as defined under subsection 16.A (subsection A of this section). Such procedures shall include,but are not limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. E. Each December,the Procurement Services Director and the Clerk of the Courts shall submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year. F. Prior to payment, the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose. G. Vendor Payment Dispute Resolution Process. The purpose of this section is to establish a procedure whereby payment disputes with vendors who provide goods and services to the County are resolved in a timely manner and in keeping with the Local Government Prompt Payment Act. 1 Definitions. The definitions set forth in the Local Government Prompt Payment Act (Section 218.72,Florida Statutes 2016)are hereby incorporated by reference. 2 If an improper payment request or invoice is submitted by a vendor,the County's shall, within 10 days after the improper payment request or invoice is received, notify the vendor, in writing, that the payment request or invoice is improper and indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper. 3 If the parties are unable to reach resolution on the payment dispute,the County Manager shall appoint a Hearing Examiner, to whom the matter will be referred to. The Hearing Examiner shall have the sole and full authority to thereafter resolve the dispute. The proceedings before the Hearing Examiner to resolve the dispute shall commence with 45 days after the date the payment request or improper invoice was received by the County and shall be concluded with final written decision by the Hearing Examiner within 60 days after the date the payment request or improper invoice was received by the County. These proceedings are not subject to Chapter 120,Florida Statutes,and do not constitute an administrative hearing. Rather, these proceedings are intended to be quasi-judicial, open to the public, with the written decision of the Hearing Examiner being final, subject only to certiorari review. If the dispute is resolved in favor of the County, interest charges shall begin to accrue 15 days after the Hearing Examiner's final Words Underlined are added;Words Si►sleThrough are deleted. Page 2 of 4411:1) 16F 1 decision. If the dispute is resolved in favor of the Vendor,interest begins to accrue as of the original date the payment became due. 4 If the County does not timely commence this dispute resolution process within the time required, a contractor may give written notice to the County of the failure to timely commence this dispute resolution procedure. If the County fails to commence this dispute resolution procedure within four business days after such notice, any amounts resolved in the contractor's favor shall bear mandatory interest, as set forth in Chapter 218, Florida Statutes, from the date the payment request or invoice containing the disputed amounts was submitted to the County. If the dispute resolution procedure is not commenced within 4 business days after the notice,the objection to the payment request or invoice shall be deemed waived. The waiver of an objection pursuant to this paragraph does not relieve a contractor of its contractual obligations. 5 In an action to recover amounts due under this part,the court shall award court costs and reasonable attorney's fees, including fees incurred through appeal, to the prevailing party. 6 The conduct of the Hearing Examiner proceedings, including notice, process, and criteria, shall be set forth the Procurement Division's Policies and Procedures. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to"section," "article," or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 1 ott• day of June,2016. Words Underlined are added;Words Stivek-Throtigh are deleted. Page 3 of 4 411) 16F ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCIC'Clerk COLLI R COUNTY, FLORIDA ja:zet„ - _ • -I By: trilefrii) "A • puty Clerk DONNA FIALA, CHAIRMAN s hire ' Appr fbrrn . a egality: i I I Jeffrey . atzkow, County Attorney Ts c,-dinoncP flied with the Secretory of Stai.e's Office te ISO•dav Df -- chci acknowieticterrpertair fof5-2..i,_jtebivedth;s ic'/ 13'v- 51)A--44"1N.C-4-4-1914'-`1C- Crepai,C1-.1A Words Underlined are added;Words Struck Through are deleted. Page 4 o f 4 16F 1 tip', ,„.,, ,,,,, ,,e r f . ,,..7.. :::.„,,,,„...„, „itill„ .: . . , , FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 15, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2016-19, which was filed in this office on June 15. 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 CAO www.dos.state.fl.us .16F 1 Collier County Prompt Payment Procedure 1. Generally: Both the"Local Government Prompt Payment Act"(§218.70 et seq.,Fla. Stat.)and Ordinance No. 2016-16 are hereby incorporated into and are made a part ofthis procedure. There is hereby established a prompt payment procedure and a process for resolving payment disputes between vendors and Collier County government. The dispute resolution procedure shall be in furtherance of and in accordance with the Local Government Prompt Payment Act and the Collier County Purchasing Ordinance (Ord.No. 2013-69, as amended). The Collier County Manager shall be responsible for execution of the prompt payment procedure. 2. The Hearing Examiner: If an improper payment request or invoice is submitted by a vendor or contractor(collectively referred to as "vendor"), the County shall,within 10 days after the improper payment request or invoice is received, notify the vendor, in writing, that the payment request or invoice is improper and indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper. If the parties are unable to reach resolution on the payment dispute, the County Manager shall appoint the Special Magistrate as a Hearing Examiner,to whom the matter will be referred. Should the Special Magistrate be unable to serve, the County Manager shall appoint an unbiased individual who possesses, in the County Manager's sole opinion, the necessary credentials and background to so serve as a Hearing Examiner. The Hearing Examiner shall have the sole and full authority to thereafter resolve the dispute. The proceedings before the Hearing Examiner to resolve the dispute shall commence within 45 days after the date the payment request or improper invoice was received and shall be concluded with final written decision by the Hearing Examiner within 60 days after the date the payment request or improper invoice was received. These proceedings are not subject to Chapter 120, Florida Statutes and do not constitute an administrative hearing. Rather, these proceedings are intended to be quasi-judicial, open to the public, with the written decision of the Hearing Examiner being final, subject only to certiorari review. If the dispute is resolved in favor of the County, interest charges shall begin to accrue 15 days after the Hearing Examiner's final decision. If the dispute is resolved in favor of the vendor, interest begins to accrue as of the original date the payment became due. If the County does not commence this dispute resolution process within the time required, a vendor may give written notice to the County of the failure to timely commence this dispute resolution procedure. If the County fails to commence this dispute resolution procedure within four business days after such notice, any amounts resolved in the vendor's favor shall bear mandatory interest, as set forth in Chapter 218, Florida Statutes, from the date the payment request or invoice containing the disputed amounts was submitted to the County. If the dispute resolution procedure is not commenced within 4 business days after the notice, the objection to the payment request or invoice shall be deemed waived. The waiver of an objection pursuant to this paragraph does not relieve a vendor of its contractual obligations. 3. Conduct of the Hearing: The Hearing Examiner shall hold proceedings at a venue selected by the County Manager. The conduct of the hearing shall be substantially as follows: Page 1 16F 1 The hearing is informal. Only relevant evidence will be considered at the hearing. The Hearing Examiner will determine what is relevant. Before commencing, the court reporter should administer the oath to all those wishing to speak. If a speaker arrives at the hearing after the oath is given,the speaker must be sworn in before they can speak. The Hearing Examiner should endeavor not to take part in any ex-parte communications. To the extent that such communications were had, at the beginning of the hearing the Hearing Examiner must fully disclose all such communications including letters, e-mails, phone calls, and meetings. The subject matter of the communication and the identity of the person, groups or entity with whom the communication took place are all part of the disclosure. The Hearing Examiner must give any person who wishes to question the ex-parte disclosure the opportunity to ask questions. This right shall be waived by a failure to ask questions of the Hearing Examiner. The presentation of the hearing should be as follows: i. The vendor presents its case.Following the presentation,the County may question the vendor. ii. The County then presents its case. Following the presentation, the vendor may question the County. iii.The Hearing Examiner may ask questions at any time during the proceedings. iv. Interested members of the public may then speak. The Hearing Examiner should only give consideration to public testimony that is relevant to the issues being discussed. v. After the public has given testimony, in order, the vendor and the County should each have the opportunity to make a closing statement. vi. Upon conclusion of the closing statements, the Hearing Examiner should close the public hearing. vii. The Hearing Examiner has the discretion with respect to limiting the time for any given party or witness should the testimony become duplicative or immaterial and to issue any rulings to preserve order during the hearing. 4. The Decision: The Hearing Examiner shall announce a decision by a written final order. The Hearing Examiner shall make all reasonable efforts to render a decision within five (5)business days of the hearing date. The text of the final order shall find facts and make conclusions, which conclusions shall be deductible from the facts as found by the Hearing Examiner. The findings of fact shall be stated in non-argumentative and neutral terms and be divided into short, separately numbered, declarative paragraphs or sentences each of which contains only one (1) feature or point. At the Hearing Examiner's discretion, proposed findings of fact and conclusions may be submitted by the County and the vendor. The final order shall be considered rendered and final upon its execution by the Hearing Examiner and delivery of the decision to the County Manager,who shall promptly distribute the decision to the parties. The final decision of the Hearing Examiner may include recommendations for process or contract improvements,if applicable. Page 2 CAO 16F1 In reaching the decision, the Hearing Examiner must review, where applicable, the underlying Agreement, Purchase Order, Work Order, Solicitation, and other relevant documents, to determine whether the payment of the invoice, in whole or in part, is proper. In addition, in determining whether an invoice should be paid,the Hearing Examiner should consider the following: a. The invoice should set forth the County purchase order number under which the purchase was made;and b. The invoice should set forth the name of the business organization that is recited in the county purchase order;and c. The invoice should set forth the date of its preparation; and d. The invoice should set forth an identifying number to facilitate identification of the invoice, including any revisions(indicated by original invoice number appended by'R"for"reviseii");and e. The invoice should set forth a description of the goods, services or property provided to the county which may include a part or item number; and f. The invoice should set forth the location and date of delivery of the goods, services or property to the county,;and g. The invoice should set forth the quantity of the goods or services or property provided to the county,if applicable;and h. The invoice should set forth the unit price of the goods or services or property provided to the county,if applicable;and i. The invoice should set forth the extended total price of the goods or services or property provided to the county;and j. The invoice may set forth applicable discounts and the time period to which they are available if payment is made within the terms. The County Manager shall provide such clerical and administrative personnel and legal services as may be reasonably required by the Hearing Examiner for the proper performance of its duties, including but not limited to the services currently utilized by the Collier County Hearing Examiner(Ord. No. 2013-25). As the Board's invoice payment agent, the Clerk's Finance Department is encouraged to participate and support the Hearing Examiner. Page 3 16F 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree that in addition to the services outlined in Paragraph 2 of Agreement 13-6016 (Statement of Work), Garretson shall also serve as the Hearing Examiner as described in the Collier County Prompt Payment Procedure. IN WITNESS WHEREOF, the parties have executed this Addendum on the date set forth above. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.-BROCK, CIyerk COLT T'-'R COUNTY, FLORIDA le _ lb • Br: _ ' A By: Attest as to Chairman's f- ►utv!''rk DONNA FIALA. CHAIRMAN Aw signature only. E % % "dinr°i, . ‘ Br- "da C. Garre 'sq. App ,ved :s it • -- . d legality: , of,firj \ta,, k s. Jeffre !• . atzkow Coun'' Al' 4 rney Approved in absentia per Resolution No. 2001-149 on A ust 23, 2016 By: L Leo E. Ochs,Jr., Cou Manager CAO 2