Backup Documents 09/13/2016 Item #16F 1 (08/23/2016 Absentia) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6F1
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.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAB 8/23/16
4. County Manager Office County Manager Office 10bAV11/1 $\Z3\\b
BCC Office Board of County
Commissioners 4/`7 ek\V3kkc,.
5. Minutes and Records Clerk of Court's Office
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
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Cormac Giblin,Community and Human 252-2399
Contact/Department Services
Agenda Date Item was 8/23/16 Absentia Agenda Item Number Item l:g
Approved by the BCC 9/13/16 Ratification Item 16-F-1
Type of Document Application for Federal Assistance SF-424 Number of Original One
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signat - STAMP OK JAB
2. Does the document need to be sent to another agency for ad.' '- • :: I es? If yes, JAB
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 JAB
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 JAB
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 JAB
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 JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAB
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 in absentia on 8/23/16 and ratified by the BCC on JAB
9/13/16 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.
9. Initials of attorney verifying that the attached document is the version approved by the 1:3
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16F 1
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County of Collier
CLERK OF THE CII,CU1T COURT
COLLIER COUNTY C0IRTHO'USE
Dwight E. Brock-ClerK"pf Circuit Court
3315 TA�t1ANi1 TRL E STE 102 P.O. BOX 413044
NAPLES, FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor • Custodian of County Funds
September 16, 2016
HUD Community Planning & Development Divison
Miami Field Office
Attn: Ann D. Chavis, Director
909 SW First Avenue
Room 500
Miami, Florida 33131-3042
Re: Application for Federal Assistance — SF-424
Transmitted herewith is one (1) original of the referenced document
approved/adopted by the Collier County Board of County Commissioners of
Collier County, Florida on Tuesday, September 13, 2016, during Regular
Session.
If you have any question please contact Cormac Giblin in the Community and
Human Services Division at the following e-mail: cormacgiblin(a colliergov.net
Very truly yours,
DWIGHT E. BROCK, CLERK
f tt--fi- ' 1
Martha Vergara, De put lerk g
g
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com �1
16F 1
OMB Number 4040-0004
Expiration Date:8/31/2016
Application for Federal Assistance SF-424
•1.Type of Submission: *2.Type of Application: 'If Revision,select appropriate letter(s):
Preapplication ®New
®Application El Continuation 'Other(Specify):
El Changed/Corrected Application El Revision
'3.Date Received: 4.Applicant Identifier
B-14-UC-120016
5a.Federal Entity Identifier 5b.Federal Award Identifier:
State Use Only:
6.Date Received by State: 7.State Application Identifier:
8.APPLICANT INFORMATION:
'a.Legal Name: Collier County Board of County Commissioners
*b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS:
596000558 0769977900000
d.Address:
•Streetl: 3339 Tamiami Trail East
Street2: Suite 211
*City: Naples
County/Parish: Collier
State: FL: Florida
Province:
'Country. USA: UNITED STATES
Zip/Postal Code: 34112-4901
e.Organizational Unit:
Department Name: Division Name:
Public Services Community and Human Services
f.Name and contact information of person to be contacted on matters involving this application:
Prefix' •First Name: Kimberley
Middle Name:
Last Name: Grant
Suffix:
Title: Director
Organizational Affiliation:
'Telephone Number: 239-252-6287 Fax Number
Email: kimberleygrantacolliergov.net
1 6 F I
Application for Federal Assistance SF-424
•9.Type of Applicant 1:Select Applicant Type:
B: County Government
Type of Applicant 2:Select Applicant Type:
Type of Applicant 3:Select Applicant Type:
•Other(specify):
*10.Name of Federal Agency:
U.S. Department of Housing and Urban Development
11.Catalog of Federal Domestic Assistance Number:
14.239
CFDA Title:
HOME Investment Partnerships
*12.Funding Opportunity Number:
FY 2016-2017 Entitlement Funding HOME
•Title:
Application for the FY 2016-2017 Entitlement Funding for Collier County, FL HOME
13.Competition Identification Number:
Title:
14.Areas Affected by Project(Cities,Counties,States,etc.):
Add Attachment Delete Attachment View Attachment
15.Descriptive Title of Applicant's Project:
HOME Entitlement Funding Application for FY 2016-2017 Collier County, FL
Attach supporting documents as specified in agency instructions.
Add Attachments Delete Attachments View Attachments
16F I
Application for Federal Assistance SF-424
16.Congressional Districts Of:
'a.Applicant 14 *b.Program/Project 14
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment Delete Attachment View Attachment
17.Proposed Project:
*a.Start Date: 10/01/2016 *b.End Date: 09/30/2017
18.Estimated Funding($):
*a.Federal 479,663.00
*b.Applicant 0.00
"c.State 0.00 ,
'd.Local 0.00
*e.Other 0.00
*f. Program Income 0.00
•g.TOTAL 479,663.00
*19.Is Application Subject to Review By State Under Executive Order 12372 Process?
111 a.This application was made available to the State under the Executive Order 12372 Process for review on
El b.Program is subject to E.O. 12372 but has not been selected by the State for review.
® c. Program is not covered by E.O. 12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.)
❑Yes ®No
If"Yes",provide explanation and attach
Add Attachment Delete Attachment View Attachment
21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements CO rn
CO
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may g
subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) 0Oi) .
a) Z,
® *'I AGREE CC,.. NI/6"
** The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency "'Y 0
specific instructions. cp `
C
Authorized Representative: 0 'uS
f9 Q U
Prefix: *First Name: Donna c e0 , 0
Middle Name: -o • W
j i O
*Last Name: Fiala o O J
Suffix: Q N CO
'Title. Chair, Board of County Commissioners
'Telephone Number 23.9-252-8097 Fax Number:
•Email: Donna5'i�2ac6co111ergo;u,net
Art i rrsofAufhor€zed Representative:.'-. Donna i *Date Signed: 06/28/2016
DW1GHTe.tsPWCIS CLERK•
a
lr %%3ktto Approved as to form and legality
Deputycierte est o Chan-mail ,. fit2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i6F
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.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 8/23/16
4. County Manager's Office County Manager's Office L.o;' !4.1 4i\z3\4•
/j/
BCC Office Board of County 'DF
Commissioners Nat qV \‘\
5. Minutes and Records Clerk of Court's Office -TM 0-3(fG ((s-04in
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
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Sandra Herrera,Purchasing 252-4270
Contact/Department
Agenda Date Item was 8/23/16 Absentif Agenda Item Number Item '.
Approved by the BCC 9/13/16 Regular ✓ Item 16-F-1 ti
Type of Document Addendum to Agreement 13-6016 Number of Original 2 each
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
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 JAK
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 JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
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 in Absentia on 8/23/16 and by the BCC 9/13/16 and all JAK
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes,if applicable. f
9. Initials of attorney verifying that the attached document is the version approved b the \ — .-
BCC,all changes directed by the BCC have been made,and the document is ready or th-
Chairman's signature. a
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis • . , 'evised 11/30/12
i6E 1
MEMORANDUM
Date: September 15, 2016
To: Sandra Herrera, Procurement Manager
Procurement Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Addendum to the Special Magistrate Services for Code
Enforcement (#13-6016) — Brenda Garretson
Attached is an original of the document referenced above, (Agenda Item #16F1)
approved by the Board of County Commissioners on Tuesday, September 13, 2016.
The second original has been kept by the Minutes and Records Department as part of
the Board's Official Record.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
16F 1
ADDENDUM TO AGREEMENT 13-6016
WITH BRENDA C. GARRETSON
FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT
r III
THIS ADDENDUM TO AGREEMENT 13-6016 ("Addendum") is entered into this
M4% day of( y4ce_ 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 June 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.
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.
AT PEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BR CK, C ler COLT T R COUNTY, FLORIDA
4
I id.„."4„,
By_.: L , 'I/ By:
Attest as to Chairman's 5 1 --)utv60i%rk D NNA FIALA, CHAIRMAN
signature only.
Br• da C. Garre�'' : 'sq.
App ,ved :s d • -- . d legality:
_ iwilira
\Iia iv & s.
Jeffre !' . ' atzkow
Coun " A'+ (rney
Approved in absentia per Resolution
No. 2001-149 on A ust 23, 2016
By: • 1/_
Leo E. Ochs,Jr., Cou Manager
‘ft-t3
2
EXHIBIT "A"
16F 1.
AGREEMENT 13-6016
for
Special Magistrate Services for Code Enforcement
THIS AGREEMENT, made and entered into on this I i+4'' day of !1'ta 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 C)
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 e
iF 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
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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 4ofS
,CAo
16F .
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
CA®
16F 1
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 �.
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 of page intentionally left blank*****************************
Page 7 of 8
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: JAd�J( .a`44C'G—�,
Joa e Markiewicz, le urchasing and
General Services Dir•
The Garretson Law Firm, LLC, d/b/a Rhodes
Tucker &Garretson, Attorneys at Law
Consultant
First Witness Signature
NSC ��C�ue.2 /-6114a.,z C , Ga+r t-e-13try,
TType/print witness naret Type/print signature and title
7/ a • IkaANti Aer".‘caie-
recon: Witness
TType/print witness nameT
Approved as to form and
legal sufficiency:
Assistant County Attorney
,o tik, )(pin
Print Name
Page 8 of 8
CA® c9/
16F 11
ClIent#: 17056 RHOTU
ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE(I0MIODrYYYY)05!0312013
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,po9eies 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 UrfT�:`cT !sell Garcia
Gulfshore Insurance-Naples PRONe Ac. 239 261-3646 FAX 239/35.0598
4100 Goodiette Road North EMAlla }: ( ow
i ADDRESS: Igarcla@gulfshoreinsurance.com
Naples, FL 34103-3303
239 261-3646
INSURERINSURERS)AFFORDING COVERAGE PAW a
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INSURED s888889:The Travelers Insurance Company
Rhodes, Tucker&Garretson Attorneys
PO Box 887 INSURER C:
Marco Island,FL 34146 INSURER D:
INSURER E:
1
I INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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 WR}i RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONOTiONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
L TYPE OF INSURANCE NORw D' POLICY NUMBER (� POLICY ERT LENTS .
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DESCRIPTION OF OPERATIONS/LOCATIONS f VBMGLES(Attach ACORD 101.Additional Remarks Sdwdne.if more spats is required)
Re: 13-6016 Special Magistrate Services
CERTIFICATE HOLDER - CANCELLATION
SLD ANY OF THE ABOVE DESCRIBED MIXES BECollier County Board of County THEA EXPIRATION DATE THEREOF, NOTICE WILL BE El.LIIED BEDOIN
Commissioners Contractors Uc. ACCORDANCE YIRTIl THE POLICY PROVISIONS.
3327 Tamlaml Trail East
Naples,FL 34112 AUTHORED REPRESENTATIVE
6A.40J_a(.7 ewW '
01988-2010 ACORD CORPORATION.All rights reservwl.
ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD
#'S646772/M641526 AVE
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�1► �"� OP ID: CD
/"ICOR®r DATE(MNIDDIYYYY)
W CERTIFICATE OF LIABILITY INSURANCE 04/12/2013
THIS CERTIFICATE IS ISSUED AS A MATTER 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
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(ies)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).
PRODUCER Phone:239-437-55551 CONTACT
Atkinson&Assoc.Insurance (J NAME'
1537 Brantley Rd,Bldg C Fax:239-689-3826 MOIL Extk INC.No):
Fort Myers,FL 33907 E-MAIL
Carolyn D.Diggs A068462 ADDRESS:
PRODUCER RHODE-1
f CUSTOMER ID 0,
I INSURER(S)AFFORDING COVERAGE NAIC I
INSURED THE GARRETSON LAW FIRM LLC INSURER A:NATIONAL UNION FIRE INSURANCE 19445
DBA:RHODES,TUCKER AND
GARRETSON INSURet B:COMPANY OF PITTSBURG, PA.
800 N.COLLIER BLVD.,SUITE 203 INSURER C:
MARCO ISLAND,FL 34145 INSURER D
INSURER c: I
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 POUCIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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WORKERS COMPENSATION WC STATU- I IOT -
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A PROFESSIONAL 44902428 1010112012110101/2013 PER CLAIM 1,000,000
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DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101.Additional Remarks Schedule,P more space is required)
LAYERS OPTICS
CERTIFICATE HOLDER CANCELLATION
COLL101
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN
COWER COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS.
COMMISSIONERS
3327 TAMIAMI TRAIL EAST AUTHORIZED REPRESENTATIVE
NAPLES,FL 34112 — £'
I'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_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
300 N. Collier Blvd., Suite 203
Marco Island, FL 34145
(239) 394-5151
(239) 394-5807 Fax
Nicole@MarcoLawFirm.com
1 C•
• • • i6F 1
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of J c.LA a (0 ,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 proms 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
1
r 16F 1
s •
IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
All F ST; a ,; BOARD OF COUNTY COMMISSIONERS
DWIC ' i i ) K,Clerk COLLIER COUNTY, FLORIDA
By
t---
�}t -~. ...,$ l� By
A Aiimi.
,45` , . lerk om " aI ,
Attest asto urns �.
sg�aa6re-o
;ren, . C.G. - •. Esq.
k
Approved •m . r m and legality:
Aiil
l �
Jeffrey A. 4o w, k,ounty Attorney
2 C
• . • ibFl
Exhibit A
AGREEMENT 13-6016
for
Special Magistrate Services for Code Enforcement
THIS AGREEMENT,made and entered into on this t 5.44 day of A42-1 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 C;)
•
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
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 shallbe procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
Page 2 of 8
• 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 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
dateof 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
• • 16F
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 4 of 8
•
•
• 16F 1
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 mattes 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,taut,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 5of8 roDP
• 40 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 eachperson assigned shall be available .for an
amount of time adequate to meet the required service delivery dates.
Page 6 of 8
! 16F 1
25. ORDER OF PRECEDENCE In the event of any conflit betweenamong the ng} and/terms
or of
any of the Contract Documents, the terms of the RequestProposal
he
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 nes any otherwise transfer
part thereof,without
the prior consent in writing of the County. Any attemptassign
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*****"'«,"`'"`**',M**:
Page 7 of 8
. _____ ________ _
• i
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
-1:4/41.«)
B,y:
Jo e Ma ciewicz, •'fie chasing and
General Services Dir- : :1 _
The Garretson Law Firm, LLC, d/b/a Rhodes
Tucker&Garretson, Attorneys at Law
Consultant
1/4_,,iltua jjefer6 i
First Witness
Signature
.k\S‘Cat dx ve..23Y4z C . V', rreSev^
tType/print witness net Type/print signature and title
�(��- ' V\antSii Atracer
itness
C'ff Y(, 4 a4„,,,-)i
t Type/print witness namet
Approved as to form and
legal sufficiency: I
eta2 „n -
Assistant C1.ounty A tt ornev
Erni'yPe i'nrint Name
Page 8 of 8
(CAo
. 16F1 1
s s
.,a -o'-JRCP. CERTIFICATE OF LIABILITY INSURANCE DATEi1e�DATTY,
� 0471212013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOtDEM.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(5), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADOrONAL INSURED,the poiiry(les)must be endorsed. It SUBROGATION IS WAIVED,subject to
the tents and conditions of the policy,certain policies may require an endorsement. A statement on this carilficide does not confer rights to the
certffictta Abider In lieu of such endorsement(*). II
AncetuO t Phone:239-437-5555
Atkinson&Assoc.InsuranceFades f ria1537 BrantleyRd,Bldg C rAJc.Ja,,tank sus:.so;r
� FE 33507
l rsD Diggs A058462 Miss:
PRmicER
CUSTOMER0 t RHaDE-1
• Natae3gs/ArFONORU=VERA= MMCF
INSURED TREGARRETSON LAW FIRM LLC ItntaentA:NATIONAL UNION FIRE INSURANCE 19445
DBA RHODES,TUCKER AND meatus a:COMPANY OF PITTSBURG,PA.
GARRETSON
800 N.COWER BLVD.,SUTTE 203 NSURENC: I
MARCO ISLAND,FL 34145 Neuem D:
INSURER E! i
NIMBLER r: I
COVERAGES Cot,IriCATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BD OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREM&if.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NRili RESPECT'TO WHICH THIS
CE, ICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCHES DESCRIBE:: HEREIN IS SUBJECT TO ALL THE Tom.
EXCLUSIONS AND CONOTIIONS OF SUCH POLICIES.LASTS SHOWN MAY HAVE BERN REDUCED BY PAL CLAIMS:
TYPE OF NOt1RMCE �_ rOL;C7 NURSES I(fDMY�Yt EFF I M�OCI
UNITS I
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I 44902425 I-10(01120121 10101/2013 PER CLAIM 1,000,000
IL ABILITY ! FLAIMS-MADE FORM 1 1 !PER
2.000400
OOSSCRI3lIO OPENATIONS
CriA (LOCA1SONS t VEHICLES(A1rH.ahACOA0 IAdeNo
anal Ram *e Scrw: mU 11#10#1#)NW a as*pet
CERTIFICATE HOLDER 9ANCELLATNON •
I
COLU01 I
SHOULD ANY OF THE ABOVE OIC POUCMS BE r.ANCF1 Lsri SEFORE
THE E�CPIRATION DATE THEREOF, N WI:.L BEDEJYERED N
COWER COUNTY BOARD OF COUNTY ACCoRoANCE wrr r)E POLICY PRCIVMIONs,
COMMISSIONERS
3327 TAMIAMI TRAIL EAST L'RM°' '" ATA16
NAPLES,FL 34112 .__,,j,„.4. ,„. k. XJ'*r
01955-2009 ACORD CORPORATION. AS rights remewd.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
• • 16F1
Montt: RHOTU
ACORD,... CERTIFICATE OF LIABILITY INSURANCE • DATE INAIRILYYTYYI05/03/2013
•
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 CERTFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 8lSIIItER{S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:II the effline%Molder Ie an ADDITIONAL INSURED,the paNcy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,cartahtpoliciee may requite an endorsement A statement on this certificate does not corder Albin to the
certificate holder In Neu of such endorse ment{s).
Pmomhcae NWT Well Garcia
Guifshare Insurance-Naples Et 239 261.3646 I i y.,rx 238 438.0688
4100 Goodletta Road North Aar I�ciaegunnsh urance.cam
Naples,.FL 34103-3303
238 261-3648erelY�AEPOIIOeetitbVOMeE ' AMC*
239 Dominion insurance Company •
____c - i a,The Traveiers insurance Company
Rhodes,Tucker&Garretson Attorneys
PO Box 887 rcc-
Marco Island,FL 34148 sae RLI:
DIMMER E
P:
COVERAGES CERTIFICATE NUMBER: REVISION NIM
THIS IS TO CERTIFY THAT THE POLIOS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NDICAT9. NCTWITHETANDING ANY REQUIREMENT.TERM OR CONN OF ANY CONTRACT OR OTS DOCUMENT WITH RESPECT TO WHi H'GM
cEPTIFiCATE MAY SE ISSUED OR MAY PI THIN, THE INSURANCE AF-ORDIED BY THE POLICIES DESCRAGED HEREN IS SUBJECT TO ALL THE TERMS,
MCCI..USIONS AND CONDITIONS ITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BYpPAI,CLAIMS.
LTii{ TYPE OFemeRANCE PCLICYINI SWIM)I. L Ta% Lams
A i GENERAL MOSSY I BPG4206F D5r15r2013 06118F2011 OCR tssj a:e 111000,000
r COMMERCIAL tiemRALLeehem ' I PRS iEsaaori nail 1x500,000
WARP/ACE rid OCCUR MED EN'WIrampiaad I;E.000
PamOiMLAPIN HNJIRY x1,000.000
GENERAL AGGREGATE s2,800,000
GerLait Teutin'APftie9 Mt I I PRODUCTS- /OPAOfi $2,000,000
IiPa. I 1a'L Fl too —
I
.ociesesm SINGLE Lear
ANY AUTO ( SO NLY AWRY(Pe'mourn $
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8 ppEMqpPLOY�](Cttl®4 YJ N'IrNIA ISI LAatirY WORKERS COMININSATION ' IIAt�0T9t�V27813 M5 3(05llSr l x I "ni s 1 I "I
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IMANDRAorM ten I ! EL o eE-EA EMAAW EI x500.000
!11 cmPTIOA!OF OPERATIONS beim I I I P.I.,maEABE-POUCrLIMIT 1*500,000
f
t
II
Oe3OUPTIOAOPOPERATIONS 1LOOKS= WI ICLAS MANNa ACORD SH,A Mamas acmreI..Emono apace bJsuIYet
Re:134018 Special Mate Services
CERTiFiCATE HOLDER - TION
SHOUCollier County Board of County THE wt!INA DA i10TICE at OP THE AMORE ondataulo MUM i CANCELLED DELIVERED IN
Commissioners Contractors Lte. ACCORDANCE WITH THE POLICY PROVISIONS.
3327 Tames Trail East
Naples,FL 34112 - Amaan:,.ermee -
C 1988.1010 ACORD CORPORATION.Al!Myna scented.
ACORD 25 G281 OM) 1 of 1 The ACORD same and logo are resistered narks of ACORD —, -
SS0487721M841526 AVE 'v` .7
• • • .
16F1
DeLeonDiana
From: Nicole Rodriguez[nicole@marcoiawfirm.comj •
Sent: Tuesday,May 07, 2013 8:52 AM
To: DeLeonDiana
Subject: 13-6016 Special Magistrate Services
Attachments: SKM BT_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) 3945151
(239) 394-5807 Fax
Nicoie@MarcoLawFirm.com
•
•
•
•
•
•
•
•
1 • CA®
16F 1
co 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.
rZ.ti1
Procurement Services Division•3327 Tamiami Trail East•Naples,Florida 34112-4901•239-252-8407•www.colliergo net/proaxementserviceA0
16F I
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,krAxocitgyptptet
arki/MarN9QCOMMI2i at your earliest convenience. If you have any questions you may contact
Lissett De La Rosa at 239-252-6020, email IissettdelarosaCa colliergov.net or FAX 239-252-6592
or 239-732-0844.
Respectfully,
(- 9-'1)9AA-D4
Jo Markiewi
Division Director— Procurement Services
Acceptance of Contract Renewal
Name ef4erlitrarr
re-nck,A . d►rr'e'lsor -
Signature
_«�)
Print Corporate
Officer Name
Signature Date 5/1 fAS
Updated Contact Information
ter:
(In order to make sure our contact information is current.)
Contact Name
ISreitie C. Ga son
Telephone Number
saes
FAX Number
Email Address
�k�ar ret earail.cam
Address
4 y t 5 lia{t(es r,akx Ka w*nlcc k Rd. -*I ai
*61j L 3141a
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 Sisk Threug#are deleted.
Page 1 of 44:11)
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 StflArc--Thrsugh are deleted.
Page 2 of 4 CAO
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 I vol. day of June,2016.
Words Underlined are added;Words Smsr-Mt:m*0 are deleted.
Page 3 of 4
16F
1
ATTEST: ,. 'i'',-",-,.,,k BOARD OF COUNTY COMMISSIONERS
DWIGKT. BROCK,-'clerk COLL R COUNTY, FLORIDA
161..„.
it , -• zi : ,
„ A.,....t„ ,‘, „A„,i.24 A. ?----- By:
.''1.{ pi, ty Clerk DONNA FIALA, CHAIRMAN
Appr "fdrrn . is egality:
ft?
I Aiv
—aro il lli I fa Ye
III hilii is ..:—.
Jeffrey!' . ' atzkow, County Attorney
Th's -..s-dirintice filed with the
Secretory of Stoi.;'s Office tj-le
iflkdoy Df
Crid acknowledgemer:Lai ..,-. .•
fti,r1 ,..receiyed this ...)_.A____ o‘.../
of Jvnc .._._ 140
Dwah..C4ex
Words Underlined are added;Words Struck Through are deleted.
Page 4 of 4
(11)
16F I.
ot:SttC Sj
ift...
t#
A.WF i •F.
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
I
i
I
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/Ib
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us dos.state.fl.us CAO
.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 apart 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 ofthe 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
16F 1
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"revised");and
e. The invoice should set forth a description of the goods, services or property provided to the
county which may include apart 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
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 166F
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.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office $ 'TAO
Z).0,
4. BCC Office Board of County 1.0 q \‘%.,
Commissioners ‘‘ '"Z* CkV.2\ L
5. Minutes and Records Clerk of Court's Office
a1(34 ((10(41,
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
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Christopher Scott Phone Number 239.252.2460
Contact/ Department Planning Manager, Development Review
Agenda Date Item was 9/13/2016 'ham-cc. Agenda Item Number 1 k iS\V' - s6...
Approved by the BCC 3Ve _ —\ ` `c..LVer(1
Type of Document Early Construction Performance Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document isC�.
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 COS
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 N/A
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 COS
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 COS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
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 9/13/2016 and all changes COLS
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable. _
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for tr
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6F 1
MEMORANDUM
DATE: September 15, 2016
TO: Christopher Scott, Manager - Planning
Development Review
FROM: Martha Vergara, Deputy Clerk
Minutes and Records Department
RE: Early Construction Performance Agreement
Naples Acura
Attached for your records are the originals of each agreement referenced above,
(Items #16F1) approved by the Board of County Commissioners on September
13, 2016.
The original has been kept by the Minutes & Records Department as part of
the Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
16F 1
EARLY CONSTRUCTION PERFORMANCE AGREEMENT
THIS EARLY CONSTRUCTION PERFORMANCE AGREEMENT entered into this
day of rrv{ ,, t , 2016 between 0/ 3�,�t ,x hereinafter referred to as
"Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
WHEREAS, Developer has applied for a Site Development Plan Amendment, Petition No.
ate Xi 7 , (the "Site Plan"); and
WHEREAS, Developer has also applied for an early construction authorization in
accordance with the Collier County Land Development Code including but not limited to Section
10.01.02.0 (collectively, the "Early Construction Regulations"); and
WHEREAS, the Early Construction Regulations require the Developer to post
appropriate performance guarantees to ensure compliance with the Early Construction
Regulations and Early Construction Authorization Permit No.n2.43n4>il✓ci022W? (the "Early
Construction Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Early Construction Regulations and the Early
Construction Permit (the "Early Work").
2. Developer herewith tenders its early construction performance security (attached
hereto as Exhibit "A" and by reference made a part hereof) in the amount of
$ !r coo,ei,:' .
3. In the event of default by the Developer, Collier County may call upon the early
construction performance security to insure removal of the Early Work. For
purposes of this Agreement, an event of default shall mean one of the following: 1)
denial of the Site Plan by the County, or 2) failure of the Developer to receive Site
Plan final approval prior to the expiration of the Early Construction Permit.
4. The Developer shall, within 30 days of notice of default, remove any improvements
permitted by the Early Construction Permit.
4. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee
may call upon the early construction performance security to secure satisfactory
removal of the Early Work. The Board shall have the right to remove, or cause to be
removed, pursuant to public advertisement and receipt and acceptance of bids, the
Early Work. The Developer, as principal under the early performance security, shall
be liable to pay and to indemnify the Board, upon completion of such removal, the
final total cost to the Board thereof, including, but not limited to, engineering, legal
and contingent costs, together with any damages, either direct or consequential,
which the Board may sustain on account of the failure of the Developer to fulfill all of
the provisions of this Agreement.
[15-LDS-01664/1182534/1] 5 1 of 2
16F 1
5. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this day of be executed this
2" day of • , 20
SIGNED IN THE PRESENC OF: (Nam=�• -
By: ,A�, ar
'�
SikeTj‘k - f sir
Tinted Name/Title
Printed name (President, VP, or CEO)
/C/de4s,bYidi Provide Proper Evidence of Authority)
Printed name , shfty .,�e,
ATTEST:
•ARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK
OF COLLI R'COUNTY, FLORIDA
By: , Deputy Clerk By:
prove as to form and legality gonna F qIQ j Orse4: rrtea✓N
[Assistant County Attorney
ATTEST:
f)W iGHTE: K,C RK Approved in absentia per Resolution
ihria No.2000-149 on Augu 23,2016
4/0
Deputy Cie& By: Oa) 11W'
Leo E.Ochs,Jr., n anager
Attest as to Chairman'
signature only.
2
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER
a \'' 11-24 CHECK#• 10628
acuaa ` 1210
I 659 Airport Pulling Rd v 10628
Naples, FL • ''�
PAY **FIVE THOUSAND DOLLARS AND 00/100*
' \ DATE AMOUNT
08/22/ • $5,000.00
TO THE COLLIER COUNTY BOCC
3299 TtOMci:I:LEAST
SUITE NAPLE
flir4 HP
WELLS FARGO BANK,N.A. = n1'
420 MONTGOMERY ST.,SAN FRANCISCO,CA 94104 THORIZED SIGNATURE
an= 1.111111111111,
NAME NUMBER DATE
COLLIER COUNTY, BOCC 21776 08/22/16
CREATED BY: 2SOVKOD
BOND FEE FOR EARLY CONSTRUCTION AUTHORIZATION
ACCT# AMOUNT CTRL#
275A 5000.00 21776
N
O
a
O
N
N
O
ti
U
U
U
REMITTANCE ADVICE - CHECK NO. NET
DETACH AND RETAIN ,a aples Acura 10628 AMOUNT $5,000.00
659 Airport Pulling Rd
Naples, FL
Exhibit A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16F I
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.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 8/23/16
4. County Manager's Office County Manager's Office 1-c by\A44/ INLA %-
BCC Office Board of County —t>F
Commissioners VII / RVIA‘te
5. Minutes and Records Clerk of Court's Office
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
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Scott Teach,Deputy County Manager 252-8400
Contact/Department
Agenda Date Item was 8/23/16 Absentia Agenda Item Number Item \2.—A
Approved by the BCC 9/13/16 Regular Item 16-F-1
Type of Document Amendment to Agreement Number of Original reach
Attached Baker,Donelson,et al Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
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 SRT
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 SRT
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 SRT
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 SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
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 in Absentia on 8/23/16 and by the BCC 9/13/16 and all SRT
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the ,..,31111111111.
BCC,all changes directed by the BCC have been made,and the document is ready for .
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis-I '. • ised 11/30/12
16F
MEMORANDUM
Date: September 15, 2016
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Amendment to Agreement for Legal Services
Attached is a scanned copy of the agreement referenced above, (Item #16F1 — 12A)
approved by the Board of County Commissioners on Tuesday, September 13, 2016.
The original agreement has been kept by the Minutes and Records Department as part of the
Board's Official Record.
If I can be of any further assistance, please feel to call me at 252-7240.
Thank you.
Attachment
16F I
AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Retention
Agreement 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 Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., (hereinafter referred to
as "Counsel").
WITNESSETH
WHEREAS, on January 28, 2014, the County and Counsel entered into an Assumption
Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide
professional specialized legal services; and
WHEREAS, the professional services to be rendered as specified in numbered paragraph
one (1)of the Agreement is for a two (2)year term with three (3) additional renewal terms of one
year per each term; and
WHEREAS, the current renewal term of the Agreement, is scheduled to terminate on
September 1, 2016;and
WHEREAS, the parties wish to amend the Agreement to extend the term of service for
providing these specialized legal services for an additional two (2) years, with similar renewal
terms, and an effective commencement date of September 1, 2016; and
WHEREAS, Exhibit "A" to the Agreement outlines the fees to be charged for
professional services to be rendered during the term of this Amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree to amend the Agreement as follows:
I. Article 3 entitled Term and Time of Performance is amended as follows:
ARTICLE 3
TERM AND TIME OF PERFORMANCE
1.1 The term of this Agreement shall be extended for a period of two (2) years to begin
September 1, 2011 2016 and to end on September 1,2016 2018, unless terminated earlier
in accordance with the provisions of this Agreement. Absent notice of intent to
terminate, the Agreement may be renewed upon mutual consent of the parties for three
(3) additional terms of one (1) year each. (In the event the term of this Agreement
16F i
extends beyond a single fiscal year of the County, the continuation of this Agreement
beyond the end of any fiscal year shall be subject to the availability of funds from County
in accordance with Chapter 129, Florida Statutes.) The rates set forth in Exhibit "A"
shall remain in effect without change for a minimum of two (2) years from the effective
date of this Agreement. In any subsequent years of the Agreement, upon the request of
Baker Donelson, the County Attorney is authorized to negotiate to increase the hourly
rate up to a maximum of ten (10) percent. In the negotiation process, Baker Donelson
must substantiate the reason the request is being made (i.e. market conditions, increase in
CPI, etc.).
II. Exhibit"A"is amended as follows:
EXHIBIT A
For professional services rendered, Baker Donelson's fee shall be based on the following
hourly rate:
Attorney Billing Rate
Ernest B. Abbott $40000 460.00 per hour
Other Attorneys $250.0 300.00 per hour
Paralegal/Legal Assistant $-1-3000160.00 per hour
Baker Donelson's fee shall not exceed $100,000.00 per new matter assigned without the
approval of the Board of County Commissioners. Any expenditure beyond the initial
$100,000.00 approval by the Board of County Commissioners must have Board approval prior to
work being performed. (Where appropriate a"not to exceed" sum shall be agreed to when each
assignment is made to Baker Donelson.)
In the event that Baker Donelson is required or requested to perform any additional or
extraordinary services not herein contemplated, Baker Donelson shall be entitled to apply for
additional compensation, the amount of which shall be subject to the approval of County and no
such additional compensation in excess of the amount herein stated shall be paid unless
specifically authorized in advance by County in its sole discretion.
2 0
16F �.
Baker Donelson shall provide, at no cost to County, the annual response to County's
auditors regarding pending or threatened litigation. The auditors typically request information
regarding all litigation, claims and assessments considered to be material. The response should
include the nature of the litigation, the progress of the case to date, an estimate of the amount or
range of potential loss, and any other information considered necessary to explain the case.
Baker Donelson shall provide said response within 30 days of receipt of the request.
Divisions, or departments within such divisions, shall be responsible and pay for legal
counsel services relating to litigation and outside counsel specifically for cases, matters or issues
relating to such division or department, as determined by the County Attorney in coordination
with the County Manager.
3
0
16F i
Except as modified by this 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 Amendment
and the Agreement,the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
on this 23rd day of August, 2016, with the intention to attach this Amendment to the original
Agreement.
Z01ATTEST:a � ', :' '� ;� BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCI(,,Clerk COLLIECOUNTY, FLORIDA
11 ,., By:
Attest as to Chairman's erk eputy erk Donna Fiala, Chairman
signature only.
Approved as to form and legality: Approved in absentia per Resolution
No. 2000�-14`9 on August 23, 2016
.t.�, By: '�'� _Am�
Scott R. Teach Leo E. Ochs, Jr., Coun , ager
Deputy County Attorney L.
4 o
16F1
BAKER,DONELSON,BEARMAN,CALDWELL
&BERKOWITZ,P.C._. .•
/ U ,
01
By: _ v
Its: ,-I •^,1 1
STA-TEOF L'41 I n 4
CO OF bi`Si t i r COI 00v1\010..�
The foregoing Detention A eemen was acknowledged befo me this/0 i")day of
y Uh4- ,2016,bytI.fQ5-E- IA0a4-� as as (i'c�vi\54 of Baker,Donelson,
aA,Caldwell&Berkowitz,P.C.,on behalf of . He/she is
sonal1yJcnown to me�r produced4as identification.
4:1' 0 \4 Lv.QA
Signature of No • , public
! Name of Notary Public typed,printed or
My Commission Expires:
r .....
d
tib;'• .. ,:s A4O
r,r3�
BOBBIE J.SCHWIER
NOTARY RAW DISTRICT OF COMM
IV commtsolonExpkKOctober 14,2020
5