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Backup Documents 05/08/2018 Item #12A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 2 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 5/8/18 4. BCC Office Board of County i5 Commissioners /6/ sK« 5. Minutes and Records Clerk of Court's Office 51°)1 "'�. 3' 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 Jeffrey A.Klatzkow,County Attorney Phone Number 252-8400 Contact/Department Agenda Date Item was 5/8/18 /' Agenda Item Number 12-A Approved by the BCC •�" Type of Document Special Master Agreement Extension 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 signature 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 MinuteTraq. 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 5/8/18 and all changes made during the JAK N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. 'is line. 9. Initials of attorney verifying that the attached document is the version approved by thekk ( is n$ BCC,all changes directed by the BCC have been made,and the document is ready for e _ - o tion for • Chairman's signature. this l a e. [04-COA-01081/1344830/1]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 MEMORANDUM 12 A Date: March 9, 2018 To: Virginia Neet, Paralegal Assistant County Attorney's Office From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Special Magistrate Agreement Extension Attached for your records, is a scanned copy of the documents referenced above (Agenda Item #12A) adopted by the Board of County Commissioners on Tuesday, May 8, 2018. The original will be held in the Minutes & Records Department for the Board's Official Record. If you have any questions, please call me at 252-8411. Thank you. Attachment 12A MEMORANDUM Date: March 9, 2018 To: Brenda Garretson, Esq. Special Magistrate - Code Enforcement From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Special Magistrate Agreement Extension Attached for your records, is a scanned copy of the documents referenced above (Agenda Item #12A) adopted by the Board of County Commissioners on Tuesday, May 8, 2018. The original will be held in the Minutes & Records Department for the Board's Official Record. If you have any questions, please call me at 252-8411. Thank you. Attachment 124 EXTENSION TO AGREEMENT #13-6016 FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT This Extension to Agreement #13-6016 for Special Magistrate Services for Code Enforcement effective as of the 8th day of May, 2018 (the "Effective Date"), is entered into by and between Brenda C. Garretson ("Garretson") and Collier County, Florida, a political subdivision of the State of Florida("County"). RECITALS: WHEREAS, on May 15, 2013, the County entered into Agreement#13-6016 for Special Magistrate Services for Code Enforcement with Garretson; and • WHEREAS, Agreement #13-1606 has been modified and extended a number of times over the years by assumption, addendum and amendment, as set forth in the attachments and collectively referred herein to as 'the Agreement'; and WHEREAS, the Consolidated Code Enforcement Board Ordinance, Article III. Special Magistrate, Sec. 2-2022(3)provides for unlimited reappointments of the Special Magistrate at the discretion of the Board, and WHEREAS, the Parties wish to reappoint Garretson and extend the Agreement for an additional two year term. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby extend the Agreement to May 15, 2020. Except for this extension, all other terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Extension Agreement to be duly executed as of the above Effective Date. Attest: BOARD O O TY CO .S ONERS DWIGHT E. BROCK, Clerk OF COL R LINTY,j ,/.A 61A-Ovsk-,. ' By. s R,- ty Clerk ANDY SOLIS, CHAIRMAN Attest as to/r.r a 11 " signature.: ' ;;,5c, SPECIAL MAGISTRATE By: Iii Brenda C. Garretson, Esq. Appro t. :. n1 aj and legality: fib;101016 . Jeffrey •IT Kla ow, County Attorney fl1 1 2 A AMENDMENT NUMBER 1 TO AGREEMENT# 13-6016 FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT This Amendment # 1 to Agreement # 13-6016 for Special Magistrate Services for Code Enforcement (the "Amendment") effective as of the 9'h day of May, 2017, (the "Effective Date"), is entered into by and between Brenda C. Garretson ("Garretson") and Collier County, Florida, a political subdivision of the State of Florida("County"). WITNESSETH: WHEREAS, on May 15, 2013, the County entered into Agreement # 13-6016 for Special Magistrate Services for Code Enforcement with Garretson(the "Agreement");and WHEREAS, on September 13, 2016, the Parties entered into an Addendum to Agreement # 13- 6016 with Brenda C. Garretson fi;>r Special Magistrate Services for Code Enforcement, to include providing additional hearing"services under the Collier County Prompt Payment Procedure adopted in Ordinance No. 2016-19 (Copy of Agreement # 13-6016, long with a Board approved Assumption Agreement,and the Addendum are attached hereto as Exhibit"A"); and WHEREAS, the Agreement w‘s previously renewed and extended once for a two-year period and is scheduled to terminate on May 15,2017; and WHEREAS, the Parties wish to amend the Agreement to extend the term for another one-year period;and WHEREAS, t1 Parties further wish to amend the Agreement to increase the hourly rate of compensation for services from S175.00 per hour to $200.00 per hour, noting that the Special Magistrate has been providing services at the lower rate, without any previous request for an increase, since she entered into an earlier agreement with the County on March 10, 2009. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties agree to amend the Amended the Agreement as follows: Words ae4-Thr'ugh are deleted; Words Underlined are added REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 1 oft 0� 12A I. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on the date of award by the Board of County Commissioners, and terminating two (2) years from that date. The County, at its discretion, shall have the option to renew this contract after the initial term for one (1) addittenel two (2) year term and, thereafter, for one additional one (1) year term. Such renewal shall be under the same terms and conditions. Any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. *** 3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement the aggregate of the units actually furnished at the hourly rate of$i-739O €++re-Oeilftrs) $2Q0.00 (Two Hundred Dollars , • - - . . Payments shall be made to the Consultant when requested as work progresses, but no more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." All other terms and conditions of the Agreement shall remain in force. IN WITNESS,WHEREOF,the parties have caused this Agreement to be duly executed as of the above Effective Date. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock;.Ckerk of Courts COLLIE 40 Y, FLORIDA r 1,...�� , Chairma�a��' ,`; : ?:I1.5�. By: - Penny T. • —.— jr si ;latureor{y. (SEAL) S ECTAL M GIST 1ATE Apprgy d as to Form ar)d Legality: By; / renda C. G. en. Esq. 2 R. each, Deputy County Attorney / Page 2 of 2 \ J 1 2 A 6F EXHIBIT "A" AGREEMENT13•6016 for S_peeial Magistrate Services for Coe1e Enforcement THIS AGR1 EMENT, made and entered into on this day of ,tall between I he G rretson Law I•trtll, LLC, d/b/a Rhodes, fucker & Garretse.m, authorized to do business in the State of Florida, whose business address k?ii)t) North Collier Itoule'vard, Suite 20.1, Marco Island, I'L, the "Consultant" and Collier County, a political :subdivision of the State of 1'loriel,t, (the "County'): ‘.\.' 1 Nr:. SSE'f }-1: • COM 4(NCL :IEN . fhe Consultant shall commence the work upon contract cae'cution. for a two (2) year period. file County, at its discretion, shall have the option to renew the contract after the initial term for one(t) additional two (.) year term. Such renewal shall be under the same terms and conditions, unless otherwise rnodilied in ‘vriting by the parties. .rne county shall l;iye the Consultant written notice of the County's intention to extend the Agreement u'rm not less than ten (1(It dais prior to the end of the Agreement term then a effect. 2. STATEMENT C)1F WORK. t he Consultant ;hall provide Special Magistrate services in accordance with the terms and conditions of RFP #13-6016 and the Consultant's proposal referred to horein and made an integral part of this agreement. l'his Agiecn1ent teentains the entire understanding between the parties and any moditk,thons to this Agreement shall he mutua'ly agreed upon in writing by the Consultant and the County Project or Contract Manager or his designee; in compliance te•rth the Lountti• Purchasing ('olid' and Administrative Procedures in effect at the time such services are aWhorl i.cd. 3. COMPENSATION, fhe County shall pav the Consultant for the performance of this Agreement at the hourly rate of tiI 75.00 (One I lun•.tred Seventy-five ()chars). Payment will be mode upon receipt of a proper invoice and upon approval by the Project Mana;,,er or his designee, and in compliance will- Chapter 218. Ha. titats otherwise known as the "Local Government Prorltpt Payment Act". 1.1 I'atntents• will he Made for services furnished, deli\ereel, and accepted, upon receipt and apl,rtwal of iris ok.Cs submitted 00 the date of tie•rvict', or within sro (te) f',,=e• I of h E10) 12A 16F 1 Months alter completion ot contract. Any untimely submission ot invoices beyond the specified deadline period is subject to non.paement under the legal duetrine I+I Llrlle.;' a� Untillleh' subnaittt'd. I isle shall he %let:n►ed of the essence t\ith respect to the timely submission t+1 invoices under this agreement. ensull,i ii shall pay all sale's, Consumer, use and other similar taxes associated with thy Work or purtionsi thereof, which are applicable during the performawe ot the Work. ti(.)TfChS. r\Ir notice:; Iron) the County to the Crony illant shall he deemed duly servo! it Inailed fir based to the Consultant at the tollowinl; Address: I:ht,des, fucker& Garrrtti in Attorneys at Law 8011 North Collier Boulevard,Suite 2(11 Marco, Island, 1:1.3.1143 l'el: (210)394-5151; Fax: 123911114-3807 Brenda C. (iarretsun, l:.sq• [irentla +:nlarcolar\•tirrn.t'oil All Notices from the Consultant to the County shall be deemed dol\ ,erred it moiled or I.I\ed to the(..uutitt' to: (Jollier County Cion ernnlenl Center Purchasing Department 3127 larniami broil, Fist Naples. Florida 12 Attention: Purchasing & (it'neral tr.'rytces Director 'telephone. 2 t'•2:j2-',l Facsimile: 2311-2524n48(I I he Consultant and the Ct.wntl' may change the above mailing address at anY time tiptop )',wing the other party written notification. A,l notices Lauder this Agreement must ht' 111 '.\ ritlllf; ti NO.1?R1ltTtiERSI1FP. \tithing herein contained shall create or be construed as creating a oal'tnet-ship hete\yell the County and the (•O11�llltallt or to l<+rl•lIIl1Il' lilt C ousuliallt .►.S ,11 ,1):,1'111 1110Collt'I\. PFiR'1ITS: I:ICF NSIiS;_T,\.X i.S. In rith `Vctien _'lti, t), t.ti., all I�erirlit� 11 e1.ellrlrt li+l' the pro'ettltlelr of the (Vork shall he 1•btoinetl by the('ul'1si lt,lnt• l'i fllefil tttr :111 such permits i•su,'d by the i minty shall be processed inleroallt• by the L :\ll norl•C,'unt\ permit,. nee essary tt+r the pru.e.ution of the \' •n'i. .halt he prurured .silt) prOiti lir the Consultant. I he C'onsult,rnt shall also he sourly re•sptlnsihle for tt 'A-C) 12A 1ÔF i)a11??flit ill ,Inv alit( till td\t', levied OI' the CU115lih:lnt. In addition, tilt.'(.,.t)rl.tlltahlt shrill t't'n14�iy tt•ith all ruh:,, ri'?;utation, and law.(ii C'(lllitr C.ountr, the State of f loritltl, or the 1. ( N'1'crnment now w forty or hereafter itlliil)tt•tl. 111(' Lt1)1ti1J!tont agrees to corn1)l\' t'. illi ail Id1ti s t1,l)\'ernin1' L)t the respons, lt\ lit 411" yin 1Itiver t\'tth respect to l'etsons t'nl}ilti.ell Lr the Consultant. S. NO i1‘11'i((:)PT:11,.USE. the Consultant will not use, nor suffer or permit any persi)il to list' 'II ,'m' manner wllats,iever, (.'trunt\' facilities til.' ,1111 improper, illllllttral or offensive purpose, .it' tor any E)ltrpost. ill t'iol,ition tit drlt t(:'tIer;Il, state, tt'Urltt Or municipal Ur'tlllldrlt:t', rine, t'i'llt'r k 1 regulation, or o1 any got enimerital role or 1'4'eittiel(1011 now in t'iti.'i t UI' l)creattt:r t'nawtetl or adopteil. In the event tit of such \'ltildtiun 1)1 the Consultant or it the County or its .ilrtllurte..ta1 representative shall dein any CVlltltll t on the part of the (, olnsiiltanl to he tilt;t'ctil)nal)ie or illll>ruht'r. Ow Ci.nlntt shall halt' th(' right to ctltipentl the contract of the C t 'uhailt. Shtnittl the ('oll.nital'It fail hi t'orr('ct any such violation, ccintlutt, or C)ractice to tht? s;itistactiort tri the County within lk\V;ltt'•(tiur (2.4) iUIL;r. atter recei\int; Iit'P(ct' of such violation, t'U/Idlit I, Or prat'Iil't', .ucI) .Itpellsi1)n It) t:Ytllltilttt• until tilt` violation is cllrt'd. I hi'(..unsultant turtht•r first',, not to t;eir11111t'i ct operatiotl thrill(; the till`;pension period Until the violation has 1`l t o t orrt'cteti to the tiltl'l.lt'►ion o1 the L hint\ . }. i I (t•�IIV.� 1'IC)N. Shioltl the C.:l.mstiltant i)t taunt( to have lolled to perforin his in a rn,nlnt'r ti41tisIacti't'1 it, the Ctlullt\' a. per this Agret';ii. nt, the County lernlinah. said •I :r eriltlrlt for rause: further the Cottiity may terni nate this :\t,,reen1ent for convenience with a thirty (.TO) Clay \vritten nutivu. 1 he County shall Lt' sole judge of ill in-pertormatice. In the ey.'nt that. the (.'aunt( terminates this 'et,rteIi Iit, Consultant's recovery .l;;ainst the (.ounty ;Plait be limited ro Mar portion (11 the ( 'tnitract ainoulit t'arnt'tl through the state til t rminatitnl. l'ht•C.ttnsuttant shall not lie el itletl 1,, any other or tort her retro er\ <i ;.1111(1 the C.oi ii Iv, McItt IIng. but not limited to. ant. lliinl i ', S ltl' chit' anticipated profit til htllIR I'. tit Oh' tirI\itOs no! llerftirnied. 10. \O 1)1SCItlti_1INA'?'it].N, 'Phi, Consultant al;ryes that tilere shall he no l.liscrinlintltion as hl i•;,, (i, sot. colt)r, creed or national origin. ' 11 C_ti,SUiZ,\,.}(:I. Tho L tin.ultal'll shall pl ayitlo insurance as It'llettv',: \. Clnnnlercial C:crnerai [.i�l>llit r C'oyera};e .411,11: have of ' I (i00,00P) t't h ; ltrurrt•nrt•. '�1='(1t111(li)ll ,1ggrt).;att' I,ir Bodily Injury i.iability and i'roilyrt?' I.),lhilitt• I his 4I4a11 include 1'remist's and C)iitrarions; intiepondt•nt C t'nsult,hnt-: Products ,lett C'tunplett'tl ()poracit;no, anti t.mitt;ctual l,iallili►\. I; Business Aldo Ct)trr,V,t• .Iiaii h.i.'t. niinimutn limit, .•,1 t. (1(I,Uli(► i't•l• Clcriirt'ynrt:. Combined '-int;le Limit for liuttii\ (mutt I.iabikt\ and I'm'port. I')arn;tl;e I lability this shall nit ludt': (leant t) \"il)it'les I :ir'eti and \on-l),,vord \'eliit:lt', .ir,t.l nlphi t't• Nt C''.cnt•rshlt". (.AO 'f� 1 2 A IÔF I C.'. ti1��rk�is' Catty ens;ltion: hisurauct covering all employees fleeting St.atuIore Limits in compliance with the applicable state and federal laws. h. coverage must include Fmplovers' Liability with a minimum limit of 5500,000 tor eat h accident. I') I'rpfe.5s.ional Liability; 'hall be maintained in• the Consultant to ensure its legal liability tor claims arising out of the performance of professional services under this r\1.`i't•"meitt, C nnsultaru waives its right of recovery against County as to any tl,lims under this insurance. Such insurance shall have limits of not less than ti1,0.)0,0t1c) each claim and in the aggregate. Special,fjrc irentents: Collier County Government shall be listed aV• the Certificate Holder and included as an Additional Insure on the Comprel Jensive General Liability 114 icy. 1, iirrt'.nt, valid insurance policies meeting the requirement: herein iclentifital shall be maintained b;' C onsultant (luring the duration of :his Agreement. Tht:• Consultant shall proyicle Count\ with tertiticates of iusuranct: meeting the required insurance provisions. Renewal c•ortititate.% shall be sent to the Li,untt" tell CIO) days prior to any ei\t'iratioli dote, Co\erage afforded under the }tulit:ies will not bk canceled or to e\lire until the greater of: ten (1t)) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty- tiilll (2.11 hours after receipt, of any notices ot eXpiration, cancellaticril, non-renewal or ?i. ''. nal change in co‘ei.'age or limits received by Consultant from its insurer, and nothing t'.itlltainc\i heroin shall relieve Consultant of this requirement to provide notice. ottsultant sh.11l i.•ncure that all subCcinsultants1 Consultants comply with the same insurance retluirunlerits that he is required t(i meet, 12 IN1)FIVINIFICATiON, To the ►mt\imurn (Atom permitted h•,' Florida law, the c.onsult,mt shall indemniiy and hold harmless Collier C t'unt\, its officers anti employees- from any and all liabilities, tinct casts, including, hut not limited to, re,i.tina:lle attorneys' tet, and paralegals' fees, whether resulting front any clai1ut•d breach of this Agreement by Consultant, ,,nv statutory or regulatory violations, or trout pt r•ional injury, property datnagt', direct or consequential damages, or t't,11111':lit 111,•`) :I1c' esient iausi'd b1• the negligence, recklessness, or intentionally t\'r('ngtul i('lttlu( t ot the Consultant or anyone employed or utili/ed by till Consultant in the pert('rutanre of tills \t;rtement Phis ul .enuli►icatien t�btit' tic'li si:all not to eimtitrued to 1u.1:att•, ,lhl'It1?'t' sir reduce ,Iffy other rights or run mutt it's which t,tht'1'wi.e 111,11' bc' ayail.ihle to an iotit'innifiett party to pelt i ttcviribed in this paragraph. I his section does nit pertain to any incident .ii•isirng from the sols• Im('(;lYl'nce ot l t'Ilil'1" 4 'i S 12A 16F 1 12.1 1lie duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to detend exists regardless of iitw ultimate litibilitr of the . onsult,int, County and any indemnified party. The duh' to dcifend arises im h.s.liate y upon presentation of a claim by ,ole' party and written notice of such clam\ be ng provided to Consultant. Consultant's oblit.;aliin to indemnii'r and defend under this ;Wide 12 will survive the expiration or earlier termination of this Agreement until it is determined by I i ah judt;nu'i.t that an action against the County or an indenlnitied paten for the matter indemnified hereunder is hilly and finally barred by the applicable statute of limitations. 1 Ct.lN BA T 1, MINISTRATJON,.:I Ins Agreement shall be administered on lx hitt tit the.' i.ou,Uv l.,t. the(Jude i.nrureement t.kpartnn'nt. I t. CQNi L.ICC OFINJ- BEST: Consultant represents that it presently has no interest and shall aetitrire no interest, either direct or indirect, which wuulel conflict in any manner with the pertiirmance of services required hereunder. Consultant further represents that no persons having;any such interest shall he employed to perform those services. la. COMPONENT PARTS_(�[_WJ5 CQNTRAC'1,_. This Contract consists tit the following component parts, all ot which are as hilly a part of the contract. as it hereiim st't frit verbatim' Consultant's Proposal, Insurance Certificate, RIP itI3.-U16-Special Magistrate Services tt,r(_ode l=.ntorcement, and scope of Seri it es. 16, S1.43Jk,CTT0A1',C'RQ['IjIA'rIUN. it is further understood and agreed by and between the parties hi't's to that this agreement is subject to r'+ppropriation be the Board ot County Commissioners. 17. PRQL1I131J1UN f.)EGi is TO COUNTY EMPLOYEES. No organization or individual snarl otter or give: either directly or indirectly, any favor, ti;itt, loan, let', service or other item of t.'alue to any County employee, as set forth iii Chapter 112, l'in't Ill, Florida Statutes. Collier Counts Ethics Ordinance No. 2001-03, and C.I.,unty Administrative iirocedure 5311. Violation of this provision may resalt in one or more of the hallowing tenst'tltlences: a. Prohibition by the individual, tir'ni. and/or any employee(Pi the hem ti 'iii contact lith County )l)r a specified periost of time;b. lire,hibiti%in by the individual and/or tirm from doing business with the County for a spet'ltied period of time.. including but not limited to. submitting bids, REP,andlor quotes; and, c. immediate termination ot any contract held by the individual and/or tion for cause, 18. JMNIIC,IliATI.ON l•AtiV C_C) tr_I.IANCP, Us' executing and entering into this agreement, the L,nisult.ult is formally ail.nut\ledging without e\ceptiun or ,,tipnl.ltion that it is tulle ie'sl'tnl..ible lair tomf'lt i,),! trill) the provisions ,,i tt.it' il,lrlligratia'ii Rt'I,ii'lll and Control At t e,i I els'lS os lett'att'd at 1124, tet ,t tl. and .''t'Q,ui.itit,as rel.liinlY. thereto, as c`olli'e nl,ty he amended failure by tilt' Consultant to coniplt with the laws r'.•lt'reitta'if herein 'hall constitute a aii't'at'h of this agreement and the County '.hall have the discretion to unilaterally terminate this agreement imint'diatt'k • 1 2 A 16F 1 19. (.)FFI:IZ LNI:1 NUED TO ( -n-ICR GOVERNMENTALENTITIES, Collier C.ount', encourages s and agrees to the successful proposer C'\tendillg the pricing, terms and conditions of this solicitation or resultant contract to other gilt ernnlental entities at the discretion of the suCCesstul proposer. 20. AC;REEMENT TERMS, If any portion of this Agreement is held to be void, invalid, .,,r otti rwise itnenforct•able, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21, A1)DITIC)N.M.C�'f nSti� E1tVICES, Additiona; items and/or.services mal' he added to this contract in compliance with the Purchasing Policy. 22. E)IJ.Wa RE:SOLuTlON. 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 eftort to I' olve any such disputes hy ne:;ntiation. The negotiation shall be attended by representatives ot Consultant. with full decision-making authority and by C.ountv's stall person who would make the hrt'sentatiulI of arty settlt'nit.'nt reached during negotiations to C elUiitl for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out ot this Agreement, the parties shall attempt to resolve the dispute through Mediation beton. an agreetl•upem Circuit Court Mediator certified bti the State of Florida. lite mediation shall be attended by re presentativvs of Consultant with full decisitelr-makingi authority and by L inti''= statf person who would make the presentation of nnv settlement reached at mediation to Corintc's board for al'proval. Should either part'.' tail to submit tt, mediation as required hereunder, the other parts may obtain a court order requiring medi.raun tinder sect it in 44.102, Fla.Stat. ;\ii suit or action brought by either parts to this Agreement against the other pare. relating to or arising out tit this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida. 'which courts have sole' and ce\clusive ;uristha titin on ,ill 'tic'I1 Tnattt^!n. 24. KEY _.l'i:RtiONNE1.1cON1.RACT STAI_FLNG. 'Hie Consultant's personnel and management to be utilized for this project shall be knowledgeable in their area.it ot 0\pertise• rt'Ser't'ce5 the right to perform investigations as Inay h ' deemed necessary to ensure that competent persons will lie utilized in the pertoiiiian, e 01 the celll',tnt. ltailt shall assign as mane people as neeess,lr1 te+ tnmpleti' the required sett ices un a till WI basis, and each iet'rsun ats,u'irt'd ,hall lee available for an amount elr trent adequate to meet the r't'Cluireel tiers ce delivery lfcite'', 1 2 A 16F 1 _i. c2R1ER of rRGCEC)ENCE: In the evtmt.of any cinifliCt ht.tsvt'un ur among thy turns ‘It of the Contract 1)L',um nts, the turns Of the Rryuest for Proposal (RFI') and/or the C otasir►t;ant', I'rt,posal, thy.c ' ntract Docunu nt:slrall takr precv.dence. In the evoit t f irnv centII t ih twut.•n the terns tot till' RFP and the Consultant's Proposal, the ldnguage in the 1<F1' 1t,iii hl take precedence. riSSiGNMENT: Consultant shall not assign this Agreement or anv part thereof, without the prier consent in writing; of the County. .\ny at-empt to assign or otherwise transter thi^ Agreement, or alas Fart herein, without the County's consent, shall he void. It L.Onsult,unt doe,. Leith 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 re:porjsihilaies that C onsult:ant ha,assumed toward the County. Remainder of page intentionally tett blank (No \Ji J 1 2 A 16F 1 IN WITNESS %'VIII;RtOF, tht• Consultant and thl' Counts, I►avt' c.'arh, resr,octiv,,ty, h': ,lll a111hU1'I7:C'tl 1`t•I'h(111 or agent, hvrl'uridl r !•t.'t their hands and steals (,n the date and ` tlar first above written 13(.2)r\Ill.)C)^CC)UNI`t'L:'t.►\1\ItSION FRS Cc'>1..1..11:R • ..: • loannl` llarkie�s'icr, Intt'ritj t'urcIlasin,;,3nd • General Services )irectlr,• The (..;arrLtsoit Law Firm, I.I.I', t.t%h,'a I:hocft.s Lu:L r K. t„arrctsun, \tturno, , ,lt La%\ l.untiultant J ,JY { 1 ►t �� , t w_. • First\Vit.ness Si};naturt: + r hl,'1`rint «•itnh•ss Wait •i "1\•pt/print 5 nzturc`and title t_ Lx`t'k11(1 1%It►1t'' . 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AU r+prit.rys4rvao. .".IRC'.S f:G08+V81 the ACOiWC namc Inc Toot .rr ru;iste•oo n..1,.3:'AC.:rR:, 'C:\(1 12A 16F 1 ADDENDUM TO AGREEMENT 13-6016 WITH BRENDA C. GARRETSON FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT THIS ADDENDUM TO AGREEMENT 13-6016 ("Addendum") is entered into this 1.3,04.-N day 2016, by and between Brenda C. Gametson ("Garretson"), and Collier County, a political subdivision of the State of Florida("County"). WITN ESSETH 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, Garrctsun 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/tic 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 13); 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 ot'the additional duties outlined in Ordinance No. 2016-19 and the Collier County Prompt Payment Procedure. Cto 12A a 16F I. ,. 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 thove. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGI IT E. BROCK, Clerk COL ' •R COUNTY. FLORIDA 1 !.-\1, - � Attest as to Chairman's , i')uty. '4 1) NNA FIAI.A, CHAIRMAN signature only, �,% -- Brenda C. Garretson•, sq. Aper ,ved -sj '.-- d legality: Leila lir J Ilre> s atzkow Count•• Aiarmy Approved in absentia per Resolution No. 2000.149 on Au4ust Z,3, ZO16 By '' "f <.: / ( C- Y Leo E.Ochs,Jr,, Cou Manager • q, • 1 2 A ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of ) ,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, 1.I,C 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 WIIEREAS, 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, 1,1,C d/b/a Rhodes, Tucker & Garretson, but remains a member of the Florida Bar in good standing and will continue to provide the Special Magistrate services independently; and WHEREAS, the parties wish to formalize Garretson's assumption of rights and obligations under the Agreement,effective as of the date first above written. • NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Garretson accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. The County agrees to waive the insurance requirements of the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Consultant shall be directed to: CONSULTANT: Brenda C. Garretson, Esq. 4915 Rattlesnake Hammock Rd., Suite 127 Naples, FL 34113 '1'elephone: (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 arc granted or authorized. The County will treat Garretson as the Consultant for all purposes under the Agreement. 1 12A IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. A-11 EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E BRO)CK, Clerk COLLIER COUNTY, FLORIDA By: ' .. :.4. By: _ 4" r, Asst asi •/WI krk tom Hennin0. g,'�Chai" an signature on.' :-derprafFtrielson Approve s I,#)41 and legality: ill4 Jeffrey A. pw ,ounty Attorney 1I 2 12A Exhibit A AGREEMENT13-6016 for Special Magistrate Services for Code Enforcement THIS AGREEMENT, made and entered into on this t 5+`' day of i1 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 i?+ � 12A months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associatedwith the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Rhodes,Tucker &Garretson Attorneys at Law 800 North Collier Boulevard,Suite 203 Marco,Island,FL 34145 Tel: (239)394-5151; Fax: (239)394-5807 Brenda C. Garretson, Esq. Brenda@marcolawfirm.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing&General Services Director Telephone: 239-252-8975 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be 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 12A 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 1 2 A C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal Iaws. 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 1 2 A 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 1 2 A 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 1 2 A 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 1 2 A 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: i IkAckit jo. e Markiewicz,te3urchasing and General Services Di , The Garretson Law Firm, LLC, d/b/a Rhodes Tucker &Garretson, Attorneys at Law Consultant / ._.1/4.111,1a...0.),trriS \e/...4..-- c::::91,-... J First Witness Signature kC.tAe. 6xi pe:?, G C . 6l rr� 3131,-`- 1'Type/print witness naeT Type/print signature and_title (4- 4.2i-e--‘24, !karvNi\pi con Witness TType/print witness nameT Approved as to form and legal sufficiency: F-;:411AL.i----\'-1)-E/ra.t'rl Assistant County Attorney Hly R Pl'p>.n Print Name Page 8 of 8 12A DeLeonDiana From: Nicole Rodriguez tnicole@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#13-6015-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.corn 1 1 2 A �l '//�'��r� OP ID:CD AC"C/RO' DATE BINEDO/YYTY) �.,. CERTIFICATE OF LIABILITY INSURANCE 041.1zr2013 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 I REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IIMPORTANT; if the certificate hoidar Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed, tt SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on fhia certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCERPhone:239-437-5555 NAMEACr Atkinson i Assoc,Insurance 1537 Brantley Rd,Bldg C Fax:239-689-3826 r„N� Ott I(FAC.Nal: I Fort Myers,FL 33907 EMAIL - — Carotyn D.Diggs A068462 ADDRESS: I PRODUCER RHODE-1 I CummER ID t: INSURED H G•-- .r. .1%'r ! • - MSURERrS7 AFFORDING COVERAGE Ar Nca DH RHODES,TUCKER AND INSURER A:NATIONAL UNION FIRE INSURANCE 119445 GARRETSON INSURER a:COMPANY OF PITTSBURG,PA. 1 800 N.COWER BLVD.,SUITE 203 INSURER C: MARCO ISLAND,FL 34145 INSURER 0: 1*savors c MEURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIST E.T BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIRI7MENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTTH 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 AM)CONOMONS OF SUCH POLICES.OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PCS 1 TYPE OF INSURANCE KDOL RUHR ►0UCY EFF f POLICY m 111lRR fr✓VO I FOLIC"MUMMER IIANDor-ry 11(MINDO/T YTI I 'JOST'S • GENERAL LIABILITY I I I EACH OCCURREN 13 COMMERCIAL GENERAL LIA5 LI OA�IAC�TD � cof 1 !3 WI I CL JMS- LE I 0.^.^.vR I MED EXP(Any one person) I$ PERSONAL 6 ADV INJURY I$ i I GENERAL AGGREGATE I S I Gar-AGGREGATEUNIT APPLIa PER !�>••'O:.1CYj—7 r LpC I I PRODUCTS-COYP�OP AGE 1 ;S AUTOMOBILE LIABILITY I I COMBINED SINGLE UtJR 1-7 ANY AUTO I I I (es accident) I s r-!AL'OWNED ALTOS BODILY INJURY(PV OartoN 13 1 S;.)IEC()1J20 AUTOS I 8001LY INJURY(ParserJtlediI i 'PROPERTY DAIAKTE ;5 HIRED AUTOS per acdwrD r I,NON-OWNED AUTOS 5 I3 -----`— UMBRELLA UA811 i IXCEsS(JABOCCUR EACH CCCURR9ICE 13 CLUME-MADE I I AGGREGATE i S I ',DEDUCTIBLE I S I I RETENTION S I I � ---_— $WORKERS COMPENSATION ON WC STATLI• I AND EMPLOYERS LLBaJTY Y 1 V I ITOPY OMITS I I ER I __ /F- ANY oROPRIETORAARTNERXECImVE 15 .'Y j OFFIPJMFJABJi EXCLUDED? E H/A ! I .L.PACH ACCIDENT T (Mandatory In NH) M FM.daealDa under I `L DISEASE-EA EMPLOYEE$ DESCRIPTION OF OPERATIONS Wow > E.L.DISEASE•POLICY UNITS A PROFESSIONAL )44902428 10!0112012`1010.12013!PER CLAIM 1,000,000 `LIABILITY ' 'CLAIMS MADE FORM I I (AGGREGATE 2,000,00. DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES IAaach ACORD 101,AddNlcnal Raman*Schmid*,If more seam a repaired) LAWYERS DETECt CERTIFICATE HOLDER CANCELLATION COLLI01 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WELL BE DELIVERED IN COWER COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS COMMISSIONERS 3327 TAMIAMI TRAIL EAST AUTHORIZED R>:RRESEHTATTVE�]�_ NAPLES,FL 34112 R)• '"-1"T • lB 1968-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD 1 2 A CIlent#: 17056 RHOTU ACORD.. CERTIFICATE OF LIABILITY INSURANCE °""IM"DIVYYT" 05(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 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 pollcy(Ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain-polices may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NCOONNTE:ACT $sell Garcia Guifshore Insurance-Naples tacmac.,o 239 261-3646 I fA C.Net 239 435-0598 4100 Goodletta Road North 1 arcia u Naples, FL 34103-3303 A°DREBS: 9 ®9 If>ahoreinsuranCE.cam MURMUR AFFORDING COVERAGE ' SAX S 239 261-3646 INSURER A'Old Dominion Insurance Company INSURED - musses,The Travelers Insurance Company Rhodes, Tucker&Garretson Attorneys { PO BOK 887 INSURER C Marco Island,FL 34146 {INSURERURER I NEURER E: INSURER r COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THIS IS TO C!_sc I IFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD NDICATF , NOTWITHSTANDING ANY .REQUIREMENT, TERM OR CONOtnON OF ANY CONTRACT DR OTHER DOCUMENT Wrrr.' RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE /l-ORDED BY THE POLICIES DESCRIBED I-EREM IS SUBJECT TO ALL THE TERMS. OCCLUSIONS AND CDNDITIUNS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY lJ PAIDCLAI MS. TYPE OF INSURANCE IMRWY t POLICY NUMBER (VWtrrY ( kut:93I UNr7 A GENERAL LIABILITY BPG4206F 135/15/2013105/15/2014 EACHCca:RRENCE 111,000,000 Xi CS*49SCLAL RA.LIABILITYKAPPA- 1 1$500.000 ( C,AIMS-MADE ; Xi S � UR I MEDEIA"ra,•parson; s5,000 I P tsONAL k AAV INJURY I$1,000.000 1 I I GENav e.AGGREGATE :2,000,000 DE1tL A13GREGATE LIMIT APArU—�-�J Ppt mcoucra•COMP/OP AGG :2,000,000 1 1 POLICY 11 LOC I : I AUTpeo8R,l;UABLI1Y I COMBINED&WILE LIMB I I(Ea cddrrtl �$ INJURY ANY AUTO BODILY INRY IAT mom/ $ r ALL OWNED I�SCHEDULED AUTOS Aures a001LY FLAIR./ ecclewKl l$ HIRED AUTC.5 NE° Ti!AUTOS (per se TO.WAflE i$ 1 1 IIt 1UMBRELLA LIAO LI occuR I I EA N OCCIIRR-SIDE $ EXCESS LAB I CLAWS-MADE: 'AGGREGATE 1$ DED I 1 RETENTION: i i B Rs COMPENSATION AND EMPLOYERS'LIABILITY i IAU80794W27813 35/15/2013105/15/2014 X 1nTuur,I l�H, ANY PROPR� OEIreARTNER/EXECUTNE T/N; EL EACH AC„O IDEHT I:500,000 `F Fle NH)E7(CLL067t r i$N I A 0raa.aepalhe ur,dc ,El.OLCEASE-EA EMPLOYE=_I$500,000 DESC i RIPTION OF OPE RATIONS sew ' ELDISEASE-oucY Lean 1,500,000 1 DESCRIPTION OP OPERATIONS/LOCATIONS/VEHICLE/{Minch ACORD 101,Additional Rem.rke$dwduh.,Ii nare awce is,wrukoll Re: 13-6016 Special Magistrate Services CERTIFICATE HOLDER CANCELLATION Collier County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners Contractors LIC. ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamlami Trail East Naples, FL 34112 AUTHOR®REPREIENTATIVE C 19$8-.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and io90 are registered marks of ACORD #86467721M641526 AVE 1 2 A DeLeonDiana From: WardKelsey Sent: Tuesday, April 15, 2014 4:20 PM To: DeLeonDiana Cc: HerreraSandra Subject: FW: RLS Brenda C. Garretson, Esq. Special Magistrate Services Attachments: RLS Special Magistrate.doc; 13-6016 Rhodes Tucker Garretson Proposal.pdf; Detail by Officer-Registered Agent Name.htm; Detail by Entity Name Rhodes Tucker Phoenix.htm Follow Up Flag: Follow up Flag Status: Flagged DD, It appears that we will need to do an assumption agreement. Tracey already has her new W-9. We will also have to include language in the executive summary waiving the insurance requirements. Thanks, Kelsey From: BestLinda Sent: Tuesday, April 15, 2014 4:11 PM To: DeLeonDiana; WardKelsey Cc: SerranoMarlene Subject: FW: RLS Brenda C. Garretson, Esq. Special Magistrate Services Good afternoon, The below email is from Jeff Walker and is related to the insurance coverage requirements for the Special Magistrate, Contract 13-6016, I have included the RLS and supporting documents Sent to the CAO for reference. Regards, Linda Best, MBA Manager, Risk Finance Collier County Risk Management Department 3311 Tamiami Trail East Naples, FL 34112 Direct: 239-252-8839 Mobile: 239-784-4650 From: WalkerJeff Sent: Tuesday, April 15, 2014 4:05 PM To: BestLinda Subject: RE: RLS Brenda C. Garretson, Esq. Special Magistrate Services 1 12A Relay this to Purchasing. Per my conversation with Scott Teach in the CAO, it is our opinion that the insurance requirements of the agreement may be waived. Jeff Walker, CPCU, ARM Director, Risk Management Office- 239-252-8906 Under Florida Law.e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 2 12A AGREEMENT THIS AGREEMENT, made and entered into on this 1044' day of M.u - l,\ 2009, by and between Rhodes, Tucker, and Garretson, located at Sun Trust Centre, Suite 204, 950 N. Collier Boulevard, Marco Island, Florida 34145, hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, (hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period,commencing on the date of award by the Board of County Commissioners, and terminating two (2) years from that date. The County, at its discretion, shall have the option to renew this contract after the initial term for one (1) additional two (2) year term. Such renewal shall be under the same terms and conditions. Any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 2. STATEMENT OF WORK. The Consultant shall provide Special Magistrate services in accordance with the Scope of Services of RFP 08-5090 "Special Magistrate Services for Collier County Code Enforcement Department", the Consultant's proposal and Collier County Ordinance No. 2007 44, which are incorporated herein by reference, as well as additional services as required and mutually agreed upon in writing by the County and Consultant. 3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement the aggregate of the units actually furnished at the hourly rate of $175.00 (One Hundred Seventy-five Dollars), together with the cost of any other charges/fees submitted in the proposal. Payments shall be made to the Consultant when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act". 4. 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: 12A Rhodes, Tucker,and Garretson Attorneys at Law PO Box 887 Marco Island,FL 34146 Attention: Brenda C.Garretson Fax: (239)394-5807 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Purchasing Department 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/General Services Director Fax: (239) 732-0844 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 Service Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats, 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 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. 7. 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 2 12A 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. 8. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per the requirements of this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a ten (10) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color, creed or national origin. 10. 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, 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. 11. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 12. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Collier County Ordinance No. 2007-44, RFP 08-5090 "Special Magistrate Services for Collier County Code Enforcement Department," and Addenda. 13. 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. 3 1 2 A 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. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, Ioan, 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. 16. 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. 17. 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. 18. 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. 19. 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. 4 12A 20. 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. 21. KEY PERSONNEL/PROTECT STAFFING:The proposer'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 insure that competent persons will be utilized in the performance of the contract. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacement(s) have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. • • 5 1 2 A 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 ATTES' ;.,[�y[ COLLIER COUNTY, FLORIDA D hi•"J R t'E: Brg „'Clerk of Courts bated" 3 i-• By: JL sov ��4.�, (E t Donna Fiala, Chairman LSEAI.: -• <`>� est• tT to CAA•• / r 40444; onRHODES, TUCKER & GARRETSON - / Firs• fitness 1 do* Jennifer Dixon-Abbott ;y• a ' — Lb Signature TType/print witness name?' Brenda C. Garretson, Partner pD Typed signature and title econd Witness Audrey R. Weinrich TType/print witness namet Approved as to form and legal sufficiency: cedi 24�ssista9t County Attorney qtr r Sr4 �a� Print Name 6 1 2 A 16A15 . AGREEMENT 04-3677 "Special Master Services for Collier County Code Enforcemen Department" THIS AGREEMENT, made and entered into on this day of 'szJei_20104, by and between Rhodes, Tucker, and Garretson, hereinafter called the " onsultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: I. COMMENCEMENT. This Agreement shall commence the work upon execution of this Agreement and upon issuance of a purchase order(s). The contract shall be for a two (2) year period, commencing on date of award by the Board of County Commissioners, and terminating two (2) years from that date. The County, at its discretion, shall have the option to renew this contract after the initial term for one (1) additional two (2) year term. Such renewal shall be under the same terms and conditions. If any change in conditions is negotiated, said renewal will be contingent upon written approval by the Code Enforcement Department. 2. STATEMENT OF WORK. The Consultant shall provide Special Master services in accordance with the Scope of Services of RFP 04-3677 "Special Master Services for Collier County Code Enforcement Department" and the Consultant's proposal hereto attached and incorporated herein by reference, as well as additional services as required and mutually agreed upon in writing by the Code Enforcement Department and Consultant. 3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement the aggregate of the units actually furnished at the hourly rate of $175.00 (One Hundred Seventy-five dollars), together with the cost of any other charges/fees submitted in the proposal. Payments shall be made to the Consultant when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Ha. Stats., otherwise known as the"Florida Prompt Payment Act". Any County agency may purchase services under this contract, provided sufficient funds are included in their budget(s). 4. 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,and Garretson Attorneys at Law PO Box 887 Marco Island, FL 34146 Fax: (239) 394-5807 1 2 A 16A15 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Purchasing Department 3301 Tamiami Trail, East Naples, Florida 34112 Fax: (239)732-0844 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 Service Agreement must be in writing. 5. 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. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats, 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 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. 7. 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. 8. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per the requirements of this Agreement, the County may terminate said agreement immediately 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. 2 12p 16A15 9. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color,creed or national origin. 10. INSURANCE. The Consultant shall provide insurance as per the requirements outlined in RFP#04-3677 as follows: A. Commercial General 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 Premises and Operations; Independent Consultants;Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. C. Professional Liability: Coverage shall have minimum limits of $1,000,000. Special Requirements: Collier County 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. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all sub consultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. The Consultant/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant/Vendor, any Sub consultant, or anyone directly or indirectly employed by any of them. The Consultant/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Consultant/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 3 - 12A 1 16Aj5 This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate (s), RFP 04-3677"Special Master Services for Collier County Code Enforcement Department" 14. 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. 4 12A 16 Al 5 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 ATTEST: COLLIER COUNTY,FLORIDA Dwight ;;BB+oc ,;G4erk of Courts By: . •,.x. =��• By: '�'' � to Commissioner Donna Fiala, Chairman Dated°: ''a,.I_.�:�;;� ����s SE LY. ,,,,,;�.• w a "11. 1,40 ''sdraip'%,4,44-. Rhodes,Tucker, an Garretson First Witness (136(1^41...- . 6011i5.1470, (!i* Signature TType/print witness namel Brenda C. Garretson, Partner Typed signature and title Second Witness J t tet_ M. V-1 L,E`I 'Type/print witness name" CORPORATE ShAL (corporations only) Approved as to form and legal sufficiency: Mr. L ott R. Teach Assistant County Attorney Item# \LORE Date dq Ree di • 5 } 16A15 r_______________ ACORD CERTIFICATE OF LIABILITY INSURANCEOP ID YL DATE LIAMID °^'yn'1 PRODUCER RHODE-1 09 22 09 IS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Atkinson b Assoc. Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1537 Brantley Rd, Bldg c ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fort Myers FL 33907 Phone: 239-437-5555 Fax:239-689-3826 INSURERS AFFORDING COVERAGE INAM* INSURED INSURER k Miscellaneous Companies INSURER fk Rhodes, Tucker G Garretson tSLIRER C: P.O. Box 887 Marco Island FL 34146 INSURER r COVERAGES WSl1RER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THE POLIYiY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS Of SUCH POUCIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSRE TYPE OF INSURANCE POLICY NUMBER __OPCA9ETICMF DATE Bayporm I UNITS GENERAL UAELRY EACH ocas RENCE S COMMERCIAL GENERAL UNNUTY PREMISES(Eo°TJAMA4a1=IU REI`I IWe 1 CLAIMS MADE I I OCCUR u,».pe;e) $ MED EXP(Any PraoA) t PERSONAL a ADV INJURY S GENERAL AGGREGATE t GENt AGGREGATE LI IT APPLES PER POLICY J n LOC PRODUCTS-(:OMPAOP AGOf AUTOMOBILE LIABILITY Y MOr ANY AUTO COMBINED(Ea t) Lf - acciden ALL OWNED AUTOS _SCHEDULED AUTOS (Per person)INJURY S HIRED AUTOS --- _ NON•OWPED AUTOS BODILY or accident) INJURYV S ---- (Pecident) PROPERTY DAMAGE t (Pr aoorient) GARAGE LIABILITY AUTO ONLY EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S - - AUTO OILY: AGO S `E CESSJVMBRELU1 LIABILITY —i EACH OCCURRENCE S 1000000 A J OCCUR I I CLAIMS MADE ATO 952105 10/01/03 10/01/04 AGGREGATE $2000000 DEDUCTIBLE 1--._ $ X 'RETENTION 115000 S tiTR WORKERS CONIPENS/iTTON AND �TORYyIASTVs- ` t EMPLOYERS'LIABILITY OFFICER/ME/ABM EXCLANY UDED? E t_EACH ACCIDENT S uyea easenoe unser EL.DISEASE-EA EAPLOYEE,S SPECIAL PROVISIONS bebN EL.DISEASE-POLICY LIMIT s OTHER DESCRIPTION Of OPERATIONS/LOCATIONS f VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS X10 DAYS FOR NON--PAYMENT, PROFESSIONAL LIABILITY CERTIFICATE HOLDER _CANCELLATION COLLI O 1 SHOULD ANY OF THE ABOVE DEECRSEO POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WLL ENDEAVOR TO MAIL *30 DAYS WRITTEN COLLIER COUNTY BOARD OF COUNTY NOTICE TO THE RERTFICATE HOLDER NAMED TO THE LEFT,Nut EMLURE TO Co SO SHALL IMP COMM SS IONERS OSE NO OBLIGATION OR LASS/TY of ANY KIND UPON THE INSURER,ITS AGENTS OR 2600 NORTH HORSESHOE DRIVE REPRESENTATIVES. �� NAPLES FL 33942 AUTHOR� j �] REPRESENTATIVE Iv/L ' _0. T. Atkinson, Jr. i�0O94/8L ACORD 25(2001/08) 0 ACORD CORPORATION 1 1 2 A • Client#: 17056 RHOTU 1 6 ACORIA. CERTIFICATE OF LIABILITY INSURANCE DATE(MINDl 09/16/04 -PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GSI-Marco Island ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 950 N Collier Boulevard,#101 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marco Island,FL 34145 239 394-3133 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: The Travelers Insurance Company Rhodes,Tucker&Garretson INSURER B. Attorneys at Law INSURER C PO Box 887 INSURER O Marco Island Fl 34146 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITSLTR IµSRD TYPE OF INSURANCE POLICY NUMBER DATEIMMIDDIYYI DATE IMMfDDIYY) A A GENERAL LIABILITY I680171P8537 05/15/04 05/15/05 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES tFaGE TOEoccurrencel s300,000 CLAIMS MADE I X I OCCUR MED EXP(My ore parson) 55,000 PERSONAL&ADV INJURY 51,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS-COMP/OP AGG 52,000,000 POLICY-I JET —I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY 5 NON-OWNED AUTOS (Per accident)` 1 PROPERTY DAMAGE 5 ` I (Per accident) t GARAGE UADP_ITV AUTO ONLY-EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC S 7 _ J AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S i DEDUCTIBLE — 5 I RETENTION S $ A WORKERS COMPENSATION AND IACRUB0794W27804 05/15/04 05/15/05 X TORY LIMITS IOER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT 5100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERII.IEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE 5100,000 II gas,describe ender SPECIAL PROVISIONS belcr« E.L.DISEASE-POLICY LIMIT s500,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *30 day notice required for additional insured,general liability coverage CONTRACT 04-3677"Special Master Services for Collier County Code Enforcement Department" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BOARD OF COLLIER COUNTY DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL in. DAYS WRITTEN COMMISSIONERS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 3301 E TAMIAMI TRAIL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Naples,FL. 34112 REPRESENTATIVES. AUTTH"�OS)U�ZEED REPESENTATIVE ACORD 25(2001/08)1 of 2 #250049 LYN G ACORD CORPORATION 1988 1 2 A 16A15 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #250049 C Su C m cn 1!11 2 CD 2a -o 0 CD o � 1. C co C c SW o D = p -v = o m r- o :°. 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