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Agenda 03/22/2022 Item #12A (Special Magistrate Services Contract)03/22/2022 EXECUTIVE SUMMARY Recommendation that the Board vacate the January 13, 2022, RFP which solicited for Special Magistrate services; and either (1) extend the Agreement for Special Magistrate Brenda C. Garretson, or (2) direct staff to convene the Special Magistrate Review Board to bring back a recommendation to the Board, or (3) direct Procurement to work with the County Attorney to reissue a modified RFP that is consistent with the Special Magistrate Ordinance, or (4) direct any other action the Board deems appropriate. OBJECTIVE: That the Board decides what it wishes to do with respect to Special Magistrate Brenda C. Garretson, whose contract with the Board expires May 15, 2022. CONSIDERATIONS: Brenda C. Garretson has been providing Special Magistrate/Special Master services since September 28, 2004. The agreements have been renewed and revised multiple times over the years and are set forth as back-up to this Executive Summary. The current agreement expires May 15, 2022. Over the years, Ms. Garretson’s Agreement has generally been extended in one of two ways. If the Agreement had a renewal right, consistent with general practice, Procurement would administratively renew it. If there were no renewal rights, consistent with general practice, Procurement would issue an RFP. In both events Code Enforcement would first be consulted. The history was as follows: 6/22/04 - Adoption of Ordinance No. 04-46, the Collier County Special Master Ordinance 9/28/04 - Agreement #04-3677 first Garretson contract as Special Master for Code Enforcement (RFP issued and awarded to Rhodes Tucker & Garretson primary, Lynne Hixon-Holley P.A. as secondary who was never used. Process overseen by the Special Magistrate Review Board) 5/11/06 - Administrative renewal of #04-3677, extension to 9/27/08 3/10/09 - Agreement #08-5090 Special Magistrate Services - (through RFP) 11/8/10 - Administrative renewal of #08-5090, extension to 5/8/12 12/19/11-Administrative renewal of #08-5090, extension to 3/9/13 5/15/13 - Agreement #13-6016 approved - Garretson Law Firm (through RFP) 6/10/14 - Assumption Agreement from Garretson Law Firm to Brenda Garretson 3/9/15 - Administrative renewal of #13-6016, extension to 5/14/17 5/9/17 - Amendment 1 to #13-6016; extension to 5/15/18 5/8/18 - Extension of #13-6016 to 5/15/20 (RFP issued, one other applicant, Patrick Neal) 3/10/20 - Extension of #13-6016 to 5/15/22 On January 13, 2022, at the request of the Code Enforcement Department, Procurement issued a Request for Proposal (RFP) for Special Magistrate Services. The original due date was February 15, 2022, which was extended to February 22, 2022. Procurement received one response to the RFP. I am aware of two other highly qualified attorneys who would have been interested in responding to the RLS had they known of it. 12.A Packet Pg. 178 03/22/2022 I became aware of the January 13, 2022, RFP in early March. I was advised that Ms. Garretson had expressed her desire to retire. In light of what happened the last time a similar matter came to the Board in 2018 (see Executive Summary and transcript attached), I spoke with Ms. Garretson during a break at the March 4, 2022, Special Magistrate Proceedings and asked her if it was true that she was going to retire. In a brief conversation, Ms. Garretson advised me that she wished to continue as Special Magistrate and was disappointed that staff had not followed the procedure in the Special Magistrate Ordinance. I then reviewed the Ordinance. From a technical standpoint, the very issuance of the January 13, 2022, RFP, and t he selection terms set forth in the January 13, 2022, RFP, are inconsistent with the Special Magistrate Ordinance, which provides in relevant parts as follows: Sec. 2-2022. Qualification, appointment, and removal of Special Magistrates. Appointment of a Special Magistrate shall be based on the following qualifications and terms: (3) Special Magistrate appointment shall be for a two-year term. Upon recommendation of the Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each two-year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice. (Ord. No. 2010-04, § 1) Sec. 2-2023. Establishment of a Special Magistrate Review Board. The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department; one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board. The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s) in order to recommend the removal or reappointment of said Special Magistrate(s) to the Commission. (Ord. No. 2010-04, § 1; originally Ordinance No. 2004- 46) The above language has remained unchanged since the first Special Master Ordinance was adopted in 2004. The issuance of the January 13, 2022 RFP (and all prior RFPs save for the first, as well as the renewal rights that were set forth in several of Ms. Garretson’s Agreements over the years) is contrary to the Special Magistrate Ordinance, as the Ordinance contemplates that every two years the Special Magistrate Review Board would convene to hear the matter and make a recommendation directly to the Board of County Commissioners as to whether or not reappointment was warranted. The selection terms of the January 13, 2022, RFP are also contrary to the Special Magistrate Ordinance, as the process outlined in the RFP for selection of the Special Magistrate utilizes a standard Selection Committee composed of staff members. The Special Magistrate Ordinance requires that the Special Magistrate Review Board is the designated selection committee for selection of the Special Magistrate. Accordingly, for the reasons set forth above, the County Attorney recommends that the Board vacate the January 13, 2022 RFP. The Special Magistrate Review Board has not convened in many, many years. This is not surprising in 12.A Packet Pg. 179 03/22/2022 that Special Magistrate Garretson has held this position for 18 years, and at least in my opinion has done an exemplary job throughout her tenure. This is reflected in that in all that time not a single decision of hers was appealed. But father time is both relentless and without pity, and if b ased on recent performance, staff is of the opinion that it is time for the Board to consider someone new, the Special Magistrate Review Board is the designated review and selection committee for the Special Magistrate. With all of the above noted, as the Special Magistrate is a contractual employee of the Board of County Commissioners, the Board may take whatever action it deems appropriate. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board vacate the January 13, 2022, RFP which solicited for Special Magistrate services; and either (1) extend the Agreement for Special Magistrate Brenda C. Garretson, or (2) direct staff to convene the Special Magistrate Review Board to bring back a recommendation to the Board, or (3) direct Procurement to work with the County Attorney to reissue a modified RFP that is consistent with the Special Magistrate Ordinance, or (4) direct any other action the Board deems appropriate. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Special Magistrate Ordinance (PDF) 2. RFP #22-7964 Special Magistrate Services for Code Enforcement (PDF) 3. Executive Summaries and Minutes - 5.8.18 BCC (PDF) 4. 04-3677 Agreement and extension - Special Master (PDF) 5. 08-5090 Agreement and extensions - Special Magistrate Services (PDF) 6. 13-6016 Agreement and extensions - Special Magistrate Services (PDF) 12.A Packet Pg. 180 03/22/2022 COLLIER COUNTY Board of County Commissioners Item Number: 12.A Doc ID: 21669 Item Summary: Recommendation that the Board vacate the January 13, 2022, RFP which solicited for Special Magistrate services; and either (1) extend the Agreement for Special Magistrate Brenda C. Garretson, or (2) direct staff to convene the Special Magistrate Review Board to bring back a recommendation to the Board, or (3) direct Procurement to work with the County Attorney to reissue a modified RFP that is consistent with the Special Magistrate Ordinance, or (4) direct any other action the Board deems appropriate. Meeting Date: 03/22/2022 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 03/11/2022 11:57 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 03/11/2022 11:57 AM Approved By: Review: Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/11/2022 12:03 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/11/2022 3:05 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/14/2022 10:11 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/15/2022 1:45 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM 12.A Packet Pg. 181 PART I - CODE Chapter 2 - ADMINISTRATION ARTICLE IX. - CONSOLIDATED CODE ENFORCEMENT REGULATIONS DIVISION 3. SPECIAL MAGISTRATE Collier County, Florida, Code of Ordinances Created: 2022-03-03 09:23:58 [EST] DIVISION 3. SPECIAL MAGISTRATE Sec. 2-2021. Jurisdiction of Special Magistrates. Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and may also hold hearings on contested citations under the procedures set forth in Article V herein, issued by but not limited to, the Collier County Sheriffs office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinances. In addition, the Special Magistrate shall have jurisdiction to hear appeals of dangerous dog determinations pursuant to F.S. ch. 767 and to hear and decide matters involving vendor payment disputes pursuant to F.S. § 218.70 and Ord. No. 2013-69, as amended, together with such matters as may be authorized by the Board of County Commissioners pursuant to Florida Statutes or as may be established by county ordinance, either for final decision or for recommendation to the Board. (Ord. No. 2010-04, § 1; Ord. No. 2018-22, § 1) Sec. 2-2022. Qualification, appointment, and removal of Special Magistrates. Appointment of a Special Magistrate shall be based on the following qualifications and terms: (1) The Commission shall appoint as many Special Magistrates as deemed necessary. (2) Special Magistrates shall at minimum: (a) be a graduate of a law school accredited by the American Bar Association; (b) demonstrate knowledge of administrative law, land use law and local government regulations and procedures; (c) be a member in good standing with the Florida Bar; and (d) be either a certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a former judge; and (e) meet other such qualifications that may be established by resolution of the Commission. (3) Special Magistrate appointment shall be for a two-year term. Upon recommendation of the Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each two-year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice. (4) If any Special Magistrate resigns or is removed prior to expiration of his or her term or the Review Board determines that the Special Magistrate should not be reappointed, the Review Board shall make a recommendation for reappointment from the candidates previously interviewed to fill the vacancy within 30 days. (Ord. No. 2010-04, § 1) Sec. 2-2023. Establishment of a Special Magistrate Review Board. The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department; one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board. The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s) in order to recommend the removal or reappointment of said Special Magistrate(s) to the Commission. 12.A.a Packet Pg. 182 Attachment: Special Magistrate Ordinance (21669 : Discussion of Special Magistrate Agreement) 12.A.b Packet Pg. 183 Attachment: RFP #22-7964 Special Magistrate Services for Code Enforcement (21669 : Discussion of Special Magistrate Agreement) 12.A.b Packet Pg. 184 Attachment: RFP #22-7964 Special Magistrate Services for Code Enforcement (21669 : Discussion of Special Magistrate Agreement) 12.A.b Packet Pg. 185 Attachment: RFP #22-7964 Special Magistrate Services for Code Enforcement (21669 : Discussion of Special Magistrate Agreement) 12.A.b Packet Pg. 186 Attachment: RFP #22-7964 Special Magistrate Services for Code Enforcement (21669 : Discussion of Special Magistrate Agreement) 12.A.b Packet Pg. 187 Attachment: RFP #22-7964 Special Magistrate Services for Code Enforcement (21669 : Discussion of Special Magistrate Agreement) 05/08/2018 EXECUTIVE SUMMARY Recommendation for the Board to consider extending the Agreement for Special Magistrate Brenda C. Garretson for an additional two-years, to terminate on May 15, 2020. OBJECTIVE: That the Board consider extending the agreement for Special Magistrate Brenda C. Garretson for an additional two years. CONSIDERATIONS: Brenda C. Garretson has been providing Special Magistrate/Special Master services since September 28, 2004. The agreements have been renewed and revised multiple times over the years. The current agreement (Agreement #13-6016) expires May 15, 2018. Special Magistrate Garretson has requested a two-year extension of the agreement. A copy of Agreement #13 -6016, together with all related amendments and other documents, are attached to the proposed extension. FISCAL IMPACT: The approval and execution of the attached Agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of the contract upon the Firm’s provision of services. The compensation is on an hourly basis at $200 per hour. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form and legality. Majority support of the Board is required for approval. -JAK RECOMMENDATION: That the Board considers extending the agreement for Special Magistrate Brenda C. Garretson for an additional two years. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. extension to Agreement 13-6016 Special Magistrate (PDF) 12.A Packet Pg. 382 12.A.c Packet Pg. 188 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) 05/08/2018 EXECUTIVE SUMMARY Recommendation to approve Request for Proposal (RFP) # 18-7298 to Patrick Neale & Associates for Special Magistrate Services for Code Enforcement Division. OBJECTIVE: To approve an Agreement with the law firm of Patrick Neale & Associates for attorney Patrick H. Neale to provide Special Magistrate Services for Code Enforcement (hereafter, the “Agreement”), vendor payment dispute hearings, procurement bid protests and such other similar administrative hearings (collectively, the “hearing services”). CONSIDERATIONS: The current agreement (#13-6016) for Special Magistrate services is expiring on May 14, 2018, and the Agreement contains no further renewals. The Scope of Services listed the tasks to include, but not be limited to: adopt rules and regulations for the conduct of hearings, subpoena alleged violators and witnesses to appear at hearings, subpoena evidence, take testimony under oath, hold hearings on violations of local codes and ordinances and contested citations, issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance, assess administrative fines, costs, and to impose liens and order the payment of such fines, and authorize the County Attorney or his designee to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the Order of the Special Magistrate. Request for Proposal #18-7298 was publicly advertised on January 29, 2018 by Procurement Services Division. Notices were sent to twenty-nine (29) firms with twenty-eight (28) vendors requesting the request for proposal. Only one (1) response was received by the due date of February 28, 2018, which was submitted by Patrick Neale & Associates. Staff deemed the proposal responsive and responsible. Staff has negotiated and reached an Agreement with Patrick Neale and Associates. Attached for the Board's approval is an Agreement with the Firm, through its principal Patrick H. Neale, to provide Special Magistrate hearing services. Mr. Neale is an established local attorney with an extensive legal background in local government and administrative law, which includes previously representing the Collier County Contractors’ Licensing Board for fifteen years. A copy of Mr. Neale’s resu me is attached as back-up to this agenda item. Mr. Neale has previously served as a court appointed mediator and is a Florida Supreme Court certified mediator. Further Mr. Neale’s background and years of experience qualify him to perform the scope of services required under the Agreement. The Agreement provides for a two-year initial contract term with the option to renew for additional two- year terms. The compensation is on an hourly basis at $195 per hour. FISCAL IMPACT: The approval and execution of the attached Agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of the contract upon the Firm’s provision of services. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for Board approval. -JAK RECOMMENDATION: That the Board approves and authorizes the Chair to execute the attached Agreement law firm of Patrick Neale & Associates for attorney Patrick H. Neale to provide Special Magistrate Services for Code Enforcement, vendor payment dispute hearings, procurement bid protests 12.B Packet Pg. 428 12.A.c Packet Pg. 189 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) 05/08/2018 and such other similar administrative hearings. Prepared by: Michael Ossorio, Division Director, Code Enforcement ATTACHMENT(S) 1. NORA Signed (PDF) 2. [Linked] Patrick_H_Neale_RFP_18-7298_-_Special_Magistrate_-_Response (PDF) 3. 18-7298 Solicitation (PDF) 4. Copy of 18-7298 Proposals Summary Template (PDF) 5. Special Magistrate Agreement(1) (PDF) 12.B Packet Pg. 429 12.A.c Packet Pg. 190 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 8, 2018 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Andy Solis William L. McDaniel, Jr. Donna Fiala Burt L. Saunders Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Director of Finance & Accounting Troy Miller, Communications & Customer Relations 12.A.c Packet Pg. 191 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 52 MR. OCHS: Mr. Chairman, following your 10-minute court reporter break, I've been asked by one of the candidates for your special magistrate contract if the Board would be kind enough to take those two items up immediately after the break because he's got a court case. COMMISSIONER McDANIEL: What's he got, a job or something? CHAIRMAN SOLIS: Absolutely. MR. OCHS: If you'd like to take a 10-minute break, and then we'll go right to Items 12A and 12B. CHAIRMAN SOLIS: We'll come back at 10:38. MR. OCHS: All right. Very good. Thank you. A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. Item #12A THE BOARD TO CONSIDER EXTENDING THE AGREEMENT FOR SPECIAL MAGISTRATE BRENDA C. GARRETSON FOR AN ADDITIONAL TWO-YEARS, TO TERMINATE ON MAY 15, 2020 - MOTION TO RE-APPOINT MS. GARRETSON TO AN ADDITIONAL 2 YEAR AGREEMENT – APPROVED Item #12B REQUEST FOR PROPOSAL (RFP) #18-7298 TO PATRICK NEALE & ASSOCIATES FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT DIVISION - MOTION TO CLOSE THE RFP AND DENY APPOINTMENT OF MR. NEALE – APPROVED 12.A.c Packet Pg. 192 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 53 MR. OCHS: Yes, sir. That takes to us Item 12 this morning, County Attorney's report. We have two related items. Item 12A is a recommendation for the Board to consider extending the agreement for Special Magistrate Brenda Garretson for an additional two years, and Item 12B is a recommendation to approve an RFP to Patrick Neale & Associates for special magistrate services for code enforcement work. And I'll let Mr. Klatzkow cover these items. MR. KLATZKOW: You can take these items separately or together, depending upon the Board's desire. CHAIRMAN SOLIS: I mean, I think it's essentially for the same position. Why don't we just take them together, right? I mean, these things are overlapping, are they not? MR. KLATZKOW: Yes, they are, sir. CHAIRMAN SOLIS: So unless there's an objection, I would say let's just proceed with both of them. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: Okay. Very good. Is there a presentation? MR. KLATZKOW: You have two applicants for your special magistrate's position. Your current Special Magistrate Brenda Garretson, and you have a Mr. Patrick Neale, who is, in essence, applying to be your new special magistrate. The ordinance allows you to have multiple magistrates if that's what you wish. MR. MILLER: And, Mr. Chairman, both of these candidates have registered to speak today. CHAIRMAN SOLIS: Okay. There's lights on. Do we want to speak first, or do you want to hear from the speakers? COMMISSIONER TAYLOR: Let's hear from them. COMMISSIONER FIALA: Sure, whatever you would like. CHAIRMAN SOLIS: Speakers first? COMMISSIONER McDANIEL: I'm fine with that. 12.A.c Packet Pg. 193 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 54 MR. MILLER: Your first speaker is Brenda Garretson. She'll be followed by Patrick Neale. MS. GARRETSON: Good morning. I am Brenda Garretson, the current special magistrate for Collier County Code Enforcement, and have had the privilege of doing that job for -- this is my 14th year. I enjoy the job very much. And I've had the pleasure of working with very talented people over these many years. And I also have the distinction of being the person who actually drafted the original code enforcement ordinance that created the Code Enforcement Board, which is the genesis of the whole program. And it was very curious to me when -- I didn't realize exactly how old I was until I looked back at all the things that I had done over these years. And I have been a civil servant serving the citizens of Collier County now, with my previous positions as assistant county attorney, as a retired judge, and as a special magistrate, for 27 years. And I love serving the citizens of Collier County. I take very seriously the job. I think that it's very important that you have an independent special magistrate who hears cases that involve your citizens having an opportunity to come and have a hearing, that it comes before a special magistrate that is independent of the county and that they have a fair and impartial hearing. I think that retired judges have a particularly unique perspective that they bring to this position, because they're already in a judicial mindset before they get here. Our citizens expect that they're going to be given an opportunity to tell their side of the story. They also expect that they are going to have procedural guidelines that are followed appropriately, and I've found over the years -- it's going to be very hard to do this -- COMMISSIONER McDANIEL: You've got 30 seconds. MS. GARRETSON: -- in 30 seconds. Well, I do -- would actually ask you if I can have an extension of time in this particular 12.A.c Packet Pg. 194 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 55 case. CHAIRMAN SOLIS: Well -- MS. GARRETSON: And I would ask for Mr. Neale to have the same opportunity. COMMISSIONER SAUNDERS: Mr. Chairman, generally -- this is not public comment. This is an applicant for a contract. CHAIRMAN SOLIS: Right. COMMISSIONER SAUNDERS: We usually let applicants speak for as long as they need to get their -- CHAIRMAN SOLIS: Is that normally the way we handle these? MR. OCHS: Discretion of the Chair, but in cases like this when it's a vendor contract, it's typically not limited to three minutes. CHAIRMAN SOLIS: Oh, okay. All right. MS. GARRETSON: Thank you. CHAIRMAN SOLIS: How about another three? Can we do it in another three? MS. GARRETSON: You know me, Mr. Solis, so -- time specific is something that I will try my best for. One of the things that I wanted to also point out to you is that this is a job that you've just recently -- you have an ordinance that you wish to have an expansion of the duties of the special magistrate to include bid protests and the payment protests. Both of those things do require writing ability. That's something else that comes with the package when you have a retired judge. I've actually already done both of those things as a hearing examiner, was appointed by the Board to handle two -- at least two. Jeff, I'm not sure if I've done more than that, but -- multi-million-dollar bid protests, and I enjoy writing. As I said, I've written ordinances, drafted, ordinances and, obviously, opinions over many years as a judge. I see this position as being one that's going to be evolving, that you're going to find more things that the county can see the special 12.A.c Packet Pg. 195 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 56 magistrate doing over the years to help with dispute resolution, and I will continue to see it as the responsibility of the special magistrate to make sure that anyone that appears is given an opportunity to be heard and that it is a fair and impartial hearing. Sometimes the county makes mistakes, and they should be held accountable. I think that's what the citizens expect; that they are not coming and are always going to lose, because the -- that's what the special magistrate's job is, to hear the facts and see if a mistake has been made. That's why Paul Harvey had it right, you know, there was always another side to the story. And I like to hear that from the person that is being alleged to have violated one of our ordinances. I am requesting a reappointment and extension of my contract for two years. I would like to have the extension that the ordinance provides for. The ordinance, if you review it, does have two-year contracts and two-year extension, but I won't work forever. I would encourage you to consider retired judges in the future, and I know some that would be very excellent in this position, and I would encourage them to apply in the future. I thank you very much for allowing me to speak today and for the extra time, Mr. Chairman. And I'll answer any questions that you have. I think I made it. CHAIRMAN SOLIS: Perfect. Any questions for Ms. Garretson? COMMISSIONER TAYLOR: Yes, I do. Ms. Garretson, you mentioned that you were -- you'd like a two-year with a two-year extension. If you had that, does that mean not after that, or is that -- that's just an expanded contract rather than just a two-year. MS. GARRETSON: That's all that I would like. I would be at a stage in my life where I would not want to go any further past that. 12.A.c Packet Pg. 196 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 57 That is the most I would want to work. I'd like for you to put me out to pasture at that point. COMMISSIONER TAYLOR: Would you consider succession planning? MS. GARRETSON: Of course. COMMISSIONER TAYLOR: That's it's. MS. GARRETSON: I love sharing things with people. As a matter of fact, I love working with a two-year plan, a four-year plan, you know, and be innovative about how we're going to do things. I love working with staff about, you know, what are we going to do to improve what we have underway right now. How can we do better? We always should be looking for ways to improve and serve the public better. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Any other questions? Oh, okay. I see it. COMMISSIONER SAUNDERS: My understanding is that you were late in getting your materials in in response to the request for proposals. I had a conversation with the County Attorney concerning that a few weeks ago. And can you explain what happened there? Or am I incorrect? Was everything done timely, or was there some delay? And if there was a delay, what was the reason? MS. GARRETSON: Well, I'll give you the history, Mr. Saunders, Commissioner. As you know, last year my contract came up and, unbeknownst to me, there was a contract put on a consent agenda for Mr. Neale, which I found out about from someone that was not in the Code Enforcement Department. No one told me about it. So how my contract had been handled in the past was I was notified, your contract's coming up. Obviously, I knew when my contract was coming up, but I was sent notification, "Your contract is coming up. Would you like to renew it?" 12.A.c Packet Pg. 197 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 58 And I have a form that got sent to me, and then I would reply and say, "Yes, I would like for my contract to be renewed." That was not done. And this was sent to me -- or not sent to me. I did not receive that notification, and the item was put on the agenda, but then it was withdrawn due to the fact that Mr. Neale was not qualified according to the requirements of the ordinance. There are three qualifications. You have to be either a certified mediator, an arbitrator, or a retired judge. Subsequent to that, last August, I called the Procurement Department and I asked, how will you be -- well, let me back up and say that I at that time inquired how it was possible for this to be put forward, somebody else to be put forward for special magistrate without there being an RFP, and I was told it was under the new procurement ordinance. So in August I called the Procurement Department and spoke with a person that handles those types of things, and I was told that under the procurement ordinance that the director of a department was able to select any person they chose, and if the procurement director had no objection, then that person could be chosen without notification to me. So I gave the information about myself, all my contact information, and said, well, as a sitting magistrate, I would like to receive notice if, in fact, that is being done, you know, having been the special magistrate for this many years, and she took my information. I called again in December; I believe it was December. My information was verified at that time. I asked of the director -- I think it was January -- what was going on with my contract. The response I got was, "I don't know." I saw the director on the occasion of each my hearings, which is once a month, the first Friday of every month. I also was in the Code Enforcement Department offices every month, because I go there to 12.A.c Packet Pg. 198 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 59 sign my orders. No one spoke to me about any RFP being issued. The first time I found out that there was an RFP issued -- which, by the way, was issued January 29th of this year -- was when Mr. Ossorio came up to me on the day of my hearings April 6th, after the hearings were over, and said that my May hearings would be my last hearings. And I was very surprised, not knowing that the RFP had been issued. The deadline for the RFP was February 28th. Obviously it had passed. Would I have let it pass if I had known about it? I think not, because I had obviously submitted and met the deadlines in all the years past. It wouldn't even have been difficult for me to do that because I have copies of my previous ones which have not really changed. The RFP, by the way, is incorrect. If they had looked at the ordinance and looked at my prior contracts, they would see there's no longer a requirement for the -- well, I'm not going to go into that because that's not really appropriate in answering your question. But in any event, when I found that out, I called purchasing, as soon as I left this building, and asked for the person who was in charge of the RFPs. The person that I had dealt with previously had retired, and the person's name I was given was -- I was told was not available, but they gave me her voice mail. I left a message, a very detailed message, saying that I would like to have a copy of the RFP. I would like to know what date it was issued, what date it was final -- when it was to be -- the end time, the due date, and I never got a response and never got a return call. Called again, I would say, the next week and did not get a response. I've made quite a few -- I mean, the history since that time you probably don't want me to take the time to share with you. But I've spent a lot of time since then. Now, Mr. Ossorio, I can share with you, sent me -- told me -- the 12.A.c Packet Pg. 199 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 60 day that he shared that, he said that people had been trying to get in touch with me by lots of phone calls and lots of emails from both the County Attorney's Office and from procurement. I checked my phone, I checked my computer, my iPad. There are no phone calls made from either place. He sent me an email that he said was sent to me. Well, I found out that this email for -- with another explanation, I guess, went to junk mail, but there was one email. It was sent from the director March 21st, after the deadline for the RFP, almost a month after the deadline. It was sent from the director, who had seen me at least five times, personally, to Mr. Klatzkow, asking Mr. Klatzkow why I had not applied, and then Mr. Klatzkow sent the email to me. Now, I don't know about you, but I'm used to people being up front with me, and if something is coming up like that and you're working with a person, I don't see any reason why you can't just say, Your contract's coming up. What are you planning on doing?" Especially with someone that has been doing the work for that long a period of time. And, as a matter of fact, I'd like to point out -- and I had a lot of lawyers when I was judge say this: I'd like to point out, Your Honor, that as soon as I found out, I did something about it. I did not let any grass grow under my feet. CHAIRMAN SOLIS: Okay. Thank you. Any other questions? MS. GARRETSON: And I'm sorry that I had to put all that on the record. I would have preferred not to. CHAIRMAN SOLIS: Thank you. Okay. MS. GARRETSON: But I'm going to honestly answer a question when it's asked of me. CHAIRMAN SOLIS: Thank you. Shall we move on to Mr. Neale? There's lights on, so I want to make sure that nobody else has any questions for Ms. Garretson. 12.A.c Packet Pg. 200 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 61 No response.) CHAIRMAN SOLIS: We're okay to move on. COMMISSIONER FIALA: Hold till after. CHAIRMAN SOLIS: Okay. And I'd also like to hear from staff as well. MR. NEALE: Unfortunately -- CHAIRMAN SOLIS: I'm sorry. Can we hear from staff on the issues that were brought up first? MR. NEALE: Sure. CHAIRMAN SOLIS: I apologize. I think it would be just better for flow if -- MR. NEALE: I do apologize, because I've got a really hard stop at -- CHAIRMAN SOLIS: What time is your -- MR. NEALE: 11:30 is my hearing. CHAIRMAN SOLIS: 10:30? MR. NEALE: 11:30. CHAIRMAN SOLIS: 11:30. Go ahead and go then. I'm sorry. MR. NEALE: I apologize. CHAIRMAN SOLIS: The whole reason for setting this like this was so you could get to your hearing. MR. NEALE: I apologize. Again, for the record, Patrick Neale. I found about this bid because I subscribe to BidSync. And prior to that, I had subscribed to the Collier County purchasing, whatever it's called, procurement management emails. And so I found out about this through BidSync. I got a notification from BidSync that said, there's a new bid you might be interested in, but -- I don't know if you guys -- you probably know because you paid -- you voted to pay for it, but BidSync is the Collier County procurement automated system. That's what you're using now. 12.A.c Packet Pg. 201 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 62 I found out about it from BidSync, went in, downloaded all the documents, figured out what needed to be done, and then submitted -- and I've got copies for everyone -- my application. I don't expect everybody to read this while we're standing here, but I just wanted to supply it to everyone so you know what -- one for Mr. Klatzkow, too -- supply it to everyone so that you know where we're working from. I submitted the RFP on February 27th. The due date was February 28th. I followed the rules; submitted the application. I then and I've got -- which is probably not necessary, I've got a confirmation here of what -- that being submitted. Then on April 18th I got a notification from BidSync, Congratulations, Collier County has awarded you Solicitation 18-7298. Please be advised this does not constitute an order. You'll receive an official notification of award." Then on February 27th, I got an email from Sandra Herrera in the Procurement Department that said, "This agreement will be presented to the Board for approval on 5/8, and in order to meet our internal agenda deadlines we need the attached agreement signed and returned via email before 11:00 a.m., must be executed by an authorized officer of the corporation, sign where indicated, and have it properly witnessed," and they also needed two original signature pages mailed to them immediately. Well, this came in at 9:10 in the morning, and we managed to -- fortunately I was in the office. We managed to run around, stand on our heads, and we got that back to the county. I think the time stamp on the email was, like, 10:40. I applied for this position because I've had experience working with the county before. I was the Contractor Licensing attorney for 15 years. That, then, was put out for bid, and when it was put out for bid, I bid, other people bid. I was under -- my total fee was $12,000 a year. 12.A.c Packet Pg. 202 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 63 I was underbid by $1,000 a year. Guess what? I lost the contract. That's what happens. I'm here because, you know, I bid this out at $195 an hour, which is a very substantial discount from my normal rate. I am doing it because I feel it's a service to the county. If the Board sees fit to have me proceed as being your special magistrate, being your new special magistrate, I'd be more than happy to do so. If the Board sees fit not to, I can understand that. I can understand you might want to keep someone who's been around for a long time even though, obviously, in my previous position, that wasn't a consideration. But I'm just here to answer any questions. I believe that my resume speaks for itself. I've been a member of the Florida Bar for almost 40 years. I've lived here in Collier County for 31 years, almost. I've been a member or served on just about every citizen's advisory board this county has had at some time in the past. In fact, I think Burt and I have a -- Commissioner Saunders, I have several proclamations signed by Mr. Saunders from when I served on various committees, and he was a former commissioner back then. So, you know, certainly I'm not doing this out of any malice for anybody. All I'm doing is trying to provide a service to the county. If the county wants my services, I thank you very much. If the county doesn't, I can understand your position. That's all I have, thank you. CHAIRMAN SOLIS: Hear from staff. MR. COYMAN: Good morning. For the record, my name's -- CHAIRMAN SOLIS: Unless anybody has any questions for Mr. Neale. I'm sorry. I keep trying to jump ahead. Any questions for him? No response.) CHAIRMAN SOLIS: Thank you. Sorry. Go ahead. MR. COYMAN: Good morning. For the record, my name's Ted 12.A.c Packet Pg. 203 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 64 Coyman. I'm director of Procurement Services. I want to elaborate a little bit about the notification of vendors. The county did switch bid platforms the end of last year, and in the case of Ms. Garretson, there were five notifications sent to Ms. Garretson: November 14th, 2017; November 27th; December 12th; January 2nd of 2018; and February 14th. The solicitation that's being discussed was advertised on January 29th. The bidding for that closed on February 28th, and the record indicated that Ms. Garretson registered her business interest on the bid platform on April 6th. So the notification that went out was the same notification that went out to all of our vendors, and the county's seen a very successful transition with the vendor community from the old bid platform to the new platform. The new solicitation that was issued was done at the request of code enforcement because the current contract expires on May 15th. We had one bidder respond; that was Patrick Neale & Associates. This was done as an RFP, and in your board package on Page 435, you would see the selection criteria of the candidates. There was a five-member selection committee that made the selection, and there were three key things that the committee was looking for and, specifically, one was Florida Supreme Court certified mediator certification. Mr. Neale does hold that. He was a -- he previously served as a court-appointed mediator, and he previously represented Collier County Contractors Licensing Board for 15 years. So the committee deemed him responsive, responsible, and made a recommendation to award to him, and that's what's before you today. CHAIRMAN SOLIS: Thank you. Any questions for staff? No response.) CHAIRMAN SOLIS: No? Okay. Commissioner Fiala, I think -- 12.A.c Packet Pg. 204 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 65 thank you. I think your light was on first. COMMISSIONER FIALA: Okay. I just had a small concern. First of all -- and that -- and it's coming from a personal angle, and that is my daughter works -- and she's been working at the same company for 16 years, 17 years, and it's all based on tips, right. And then they decided to expand their business, and so they hired another guy to fill in. They hired another guy to fill in, and that's fine, except that all of a sudden now they're trying to split the jobs between the two and, of course, her salary suffered. And she'd been so dedicated to them all of these years, and finally she said, you know, it's going to be me or him, whichever you want but, you know, now I can't take care of my kids because you've cut my salary so much. And the other guy had problems getting to work and all of this stuff. Well, he left shortly afterwards anyway. But I'm thinking, how do you take the job and you now split it between two people when you only need to give it to one person. It's been sufficient all of this time. And she's got such a good reputation. And, I mean, I've heard from people not only on the street, but I've heard from Code Enforcement offices that they like working with her. Why fix it if it ain't broken? That's my question. CHAIRMAN SOLIS: Commissioner Saunders, I don't know if your light was on or you had already asked your question. COMMISSIONER SAUNDERS: I had already asked my question, but I think -- and just as a quick comment, I have a great deal of respect for both applicants, and I wanted to just have on the record what had happened, because it's not typical that Ms. Garretson would miss a deadline. And so I felt that there had to be some reason, and that's why I wanted to at least have that articulated. And, you know, I don't know if you had subscribed to the platform or not but, you know, at least there was a reason. And so I'm 12.A.c Packet Pg. 205 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 66 really torn because, as I said, I've got a great deal of respect for both applicants. So I really want to listen to what the commission has to say. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: In preparing for this, I read the County Attorney's remarks about -- I believe it was -- I think it was on the item on our summary agenda where he praises the way the special magistrate has done a great job. I don't know exactly -- I'm trying to look for it right now. But, basically -- okay. So it says, this board, which is a special magist -- I guess it's the special magistrate board, was included in the original ordinance based in part on concerns then raised by Enforcement Board and is part as a review mechanism since the county had no prior experience with this process. Since its inception, the special magistrate has greatly exceeded everyone's expectations and, accordingly, this board has had no reason to meet since the hiring of the first and current special magistrate. This is our County Attorney. To me that says right -- why fix it? I mean, it's not broken. The other aspect is -- and I think I heard this, and I want to confirm it, is that this special magistrate would like another four years, and then that's it. I do think a retired judge -- my goodness. Mike Carr's sitting out there. Fred Hardt, if he isn't, he will be soon. We have an opportunity here, and I like the idea of a judge, because I think there's a process and -- now, I'm not the attorney, so forgive me, but I think as a judge there's a process that you bring to a hearing that an attorney who argues one side or the other doesn't have, and I think that's valuable. The whole idea of having a special magistrate to deal with citizens' matters is very important, because it's the face of our government to the citizenry. And I think it's a very important project, important position. 12.A.c Packet Pg. 206 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 67 MR. NEALE: If I may, I do have to leave. COMMISSIONER TAYLOR: Yeah, I saw you leaving. MR. NEALE: I see where this is going, and I doubt whether I would ever bid on another RFP for this county. COMMISSIONER McDANIEL: We haven't even voted yet. COMMISSIONER TAYLOR: He just spoke, didn't he? All right. Thank you. CHAIRMAN SOLIS: Anything else? Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. It's too bad that Pat left before he heard me speak, but maybe he's still in the hallway. I've been torn, there again, as well. Commissioner Taylor, you're right, this is -- and there's no argument that the magistrate's been a huge benefit for our community, saved us court costs and so on and so forth. I'm disappointed in the process, procedures, good, bad, or indifferent. I think that this issue may -- could have been handled in a different manner. Be that as it may, there are contracts. I know about contracts. There are terms of contracts. All contracts have a beginning and ending date, expiration, and timelines within which for renewal and the like. I've been struggling with this. I know Pat quite well. I've spoke with Ms. Brenda about this as well. I know there is at the current stage, because of the stellar efforts of Mr. Ossorio, who's not listening to me right now -- I caught him talking to Jamie. That was all. I just caught him. I said, because of the stellar efforts of our Code Enforcement Department, we're reaching satisfactory solutions to the issues that arise regularly through code enforcement. And just so you know how I'm thinking, it would be my preference that we hire them both for a two-year term and then divide the work up accordingly and provide for a portion of what Ms. Taylor 12.A.c Packet Pg. 207 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 68 spoke about, Mrs. Taylor spoke about, Commissioner Taylor spoke about earlier in that succession planning process. So that's my compromise, if you will, with a very emotionally-bound difficult subject matter. CHAIRMAN SOLIS: Thank you. And I would echo the same thing. I mean, I've known, you know, Ms. Garretson and Mr. Neale both for years and years. And there's two things. One is that we're expanding the cases in which the special magistrate will hear, right? I mean, we've added a whole 'nother category of things, so there will be more things to hear, I think. Secondly -- and this is kind of a procedural thing, because I realize that I had not communicated it to the County Attorney, and it was on the summary agenda. There is a revision to the ordinance which concerns me, and that is not to have a review process. I mean, not needing to use it is wonderful. Not having a review process and doing away with a board that will review how special magistrates work, I think, is unhealthy. I mean, I don't know why we would do that. And so, I should have probably pulled that and procedurally, maybe, I would have to bring a motion for rehearing, but -- COMMISSIONER McDANIEL: I'll support that motion. CHAIRMAN SOLIS: Yeah. COMMISSIONER McDANIEL: I support that motion. CHAIRMAN SOLIS: Let me finish this, and I'll do that separately. COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: Because, you know, it is a very important position, and it's working well. I mean, if there is a concern -- not a concern, but a need for succession planning, you know, I agree with Commissioner McDaniel that I don't know why we wouldn't, you know, expand our special magistrates and see how it goes, and -- 12.A.c Packet Pg. 208 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 69 COMMISSIONER McDANIEL: This isn't a debate. I'm sorry, Mr. Chairman. I'm sorry. I didn't want us -- MS. GARRETSON: I was only going to give information; that was all. COMMISSIONER McDANIEL: The other applicant's gone, and I -- CHAIRMAN SOLIS: Right. COMMISSIONER McDANIEL: It's a deliberation. CHAIRMAN SOLIS: And we're just expressing -- MS. GARRETSON: I just wanted to give you information to give you help. That's all. CHAIRMAN SOLIS: Okay. Well, I mean, I'm just trying to say what I feel. MS. GARRETSON: I understand. CHAIRMAN SOLIS: Okay. So I would support that as well. I mean, I think -- I don't see what it would hurt. I don't see -- there's expanded roles that the special magistrate's going to play. There's going to be more things to hear, most likely. So I wouldn't have any objection to hiring both. Having said that, I would like to move to reconsider the amendment to the special magistrate ordinance, and I don't know if that's appropriate now or we can do it later, but I'm concerned that doing away with the board that was there to review whether or not it's working well because we haven't needed to use it concerns me, because then who's going to review it? And I don't think that that's a wise thing to do or a good reason to do it. It's never a problem till it's a problem. COMMISSIONER SAUNDERS: I would suggest that we deal with this -- CHAIRMAN SOLIS: Yeah. COMMISSIONER SAUNDERS: -- then make your motion 12.A.c Packet Pg. 209 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 70 afterwards. CHAIRMAN SOLIS: Okay. Commissioner Fiala. COMMISSIONER FIALA: No. You just answered my question, so... CHAIRMAN SOLIS: Okay. One at a time. COMMISSIONER McDANIEL: Do you want me to make a motion? I'll make a motion that we offer contracts to both for a two-year term, similar terms and conditions. COMMISSIONER SAUNDERS: Can you add to that motion that staff will direct the flow of assignments -- COMMISSIONER McDANIEL: Happy with that as well. COMMISSIONER SAUNDERS: -- so that -- I mean, I think that would happen automatically, but... COMMISSIONER McDANIEL: I do, too. COMMISSIONER FIALA: I wonder if they, you know, direct them all to one and not the other, then what happens? I mean, you know, they might have a favorite or something, and all of a sudden you've got a mixed bag there and, I don't know, I just think there's too many problems to get into that. CHAIRMAN SOLIS: I think it's a great idea. Maybe that's something that the County Attorney's Office would be better -- COMMISSIONER TAYLOR: To supervise how they allocate. COMMISSIONER McDANIEL: That would be a good way to handle that. CHAIRMAN SOLIS: It could be done on an alternating basis randomly like the courts do. COMMISSIONER McDANIEL: I'll amend the motion to allow the County Attorney's Office to make the decision on the allocations of the cases. MR. KLATZKOW: We'll just one -- we'll just alternate meetings that they normally have, hearing dates that they normally have. We'll 12.A.c Packet Pg. 210 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 71 be fair about it. COMMISSIONER McDANIEL: As always. COMMISSIONER TAYLOR: Is there a time limit -- for instance, when a case comes up, is there a time frame in which that case needs to be presented and heard in front of the special magistrate? MR. KLATZKOW: Yeah, there are some time frames, but that's not an issue if you want to alternate. COMMISSIONER TAYLOR: What I'm concerned about is the perception of favoritism to staff or to a particular code enforcement -- or a petitioner; that they could say, I don't think I want that person or staff, or they could say -- staff could say, uh-uh, I don't want this person to hear this. I want this person to hear this, because I want to make sure that my outcome is what I want it to be. COMMISSIONER McDANIEL: That's not -- that isn't even part of the motion. Staff's not -- has nothing to say with the -- with the delineation of the cases. MR. KLATZKOW: No, I understand what Commissioner Taylor's saying. You know, my thought process was to alternate the hearing dates between the two of them. As far as setting up the docket, you're going to have to trust that staff is not biased. And my experience is that staff is not biased. COMMISSIONER TAYLOR: Thank you. COMMISSIONER FIALA: I just can't figure out why we're doing this in the first place. We're trying to fix something that isn't broken, and I don't understand that. COMMISSIONER McDANIEL: Well, you're right. COMMISSIONER TAYLOR: I agree. I mean, we have a recommendation from the County Attorney. It's working fine. We have two years to look at it again. We have the applicant that says there will be succession planning. Why are we doing this? COMMISSIONER FIALA: I don't know either, so I can't -- 12.A.c Packet Pg. 211 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 72 COMMISSIONER SAUNDERS: If I could ask the County Attorney just a quick question, and then I'm ready to vote on the motion; but I want to ask the County Attorney a question. We had a bid process. Pat Neale complied with it, submitted the bid, was advised that he would be receiving the bid. You had Brenda Garretson, for whatever reason, fails to get the notice and, according to the staff, there were attempts to make that notice available and that it was put on the county's bid package program. Once she found out about it, she submitted a full package after the fact. And just from a legal standpoint, I want to make sure that that's not creating some problem for us. I'm assuming that it doesn't because there's really no contract until the Board approves a contract. But is there -- are we going to create a situation, potentially, where other bidders may come in late for whatever reason, again? MR. KLATZKOW: A couple of thoughts: One, as the overriding principle, the Board has the ability to waive any irregularities in any particular bid, just as a general overview. Secondly, we're not -- we're not asking for widgets here. You only have a handful of people in this county, including the County Manager and myself, that are under contract directly to the Board. It's different than a vendor who's selling hammers to the county or anything else. This is a -- this is a relationship-based type of position more than anything else. And, you know, at the end of the day, I think staff should have sat down with the current special magistrate and said, you know, we're putting this out to bid, you know, and you give her the heads-up rather than relying on a bid support platform. COMMISSIONER SAUNDERS: Mr. Chairman, I know there's a motion and a second. I'm going to vote against the motion. My initial reaction was let's split the baby and try to, you know, appease both parties, but as I've listened to the discussion -- so I think that 12.A.c Packet Pg. 212 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 73 motion will fail, if I can count to three. So I just wanted to explain my reasoning for not supporting that motion. COMMISSIONER McDANIEL: And -- COMMISSIONER TAYLOR: I'd like to make a motion -- CHAIRMAN SOLIS: Well, we have to vote on that motion first. COMMISSIONER TAYLOR: Oh, okay. CHAIRMAN SOLIS: So there's a motion and a second. COMMISSIONER McDANIEL: I have a question for Commissioner Saunders before we go in, if we're discussing the original motion. And, again, it's -- my premise for making the motion in the first place was to -- because there is a contract that is expiring right now with the existing magistrate that wasn't fulfilled. There was terms, conditions of the contract, a bid platform that wasn't fulfilled by the existing magistrate, that was my rationale for offering the position to both, just for purposes of clarification. I mean, it's a contract thing. And so that was the reason that I was leaning that direction, so... CHAIRMAN SOLIS: No other discussion? No response.) CHAIRMAN SOLIS: So there's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Aye. All those opposed? COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Okay. Motion fails. COMMISSIONER TAYLOR: I'd like to make another motion to reappoint -- renew or I'm not sure the correct term -- MR. OCHS: It's a new contract. COMMISSIONER TAYLOR: -- contract with our current 12.A.c Packet Pg. 213 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 74 special magistrate for two years and to review it again in two years with an understanding that she has at this meeting expressed interest that in four years she would like to retire, and that there is a willingness on the part of the special magistrate to plan for succession. COMMISSIONER FIALA: I'll second the motion. MR. KLATZKOW: Just for clarification, a two-year extension then? You mentioned four years. COMMISSIONER TAYLOR: I'd like to include a two-year extension with the understanding that it would -- so there would be a two-year contract. COMMISSIONER McDANIEL: We have a two-year contract -- forgive me. COMMISSIONER TAYLOR: -- with a two-year extension with the understanding that at the end of that four-year term there would be a new appointment because the special magistrate would not apply because -- COMMISSIONER SAUNDERS: Mr. Chairman, if that's the motion, I will vote against that motion as well. We are here to award a contract for two years, and at the end of two years, if we want to extend it for two years, we get to vote to extend it. I assume that's the way these contracts work. MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: But we're not approving a two-year contract and approving a two-year extension at the same time. COMMISSIONER TAYLOR: Oh, no, no. Then I misunderstood. Let me -- why don't you make the motion, and I'll second it. COMMISSIONER SAUNDERS: Just -- I would move to approve a two-year contract with Brenda Garretson. MR. KLATZKOW: And the extension agreement is attached to 12.A.c Packet Pg. 214 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 75 your agenda. COMMISSIONER TAYLOR: Okay. Second. CHAIRMAN SOLIS: There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: All opposed? Aye. Motion carries. COMMISSIONER FIALA: I have a question as we end; you know, this is fine. Say, for instance, with the new provisions, and they have an extra caseload or lots of extra caseloads and they find that they do need somebody extra, would we then go back and look again at hiring somebody, if it was just next year, but hiring somebody to assist in those caseloads? MR. KLATZKOW: We could do that, yes. COMMISSIONER TAYLOR: That's a very good question. COMMISSIONER FIALA: Okay. Good. CHAIRMAN SOLIS: And I would also just want to comment on succession planning. I mean, this is not a -- you know, succession planning is usually in a business that's owned by the person that's going to retire, and that's not the situation. I think, you know, we have to have an RFP process, and people apply, and we have to follow the RFP process like we do on everything else. COMMISSIONER TAYLOR: Oh, of course, of course. But, at the same time, if there is a time frame of the special magistrate, the ability for that special magistrate to recruit people to apply for an RFP is -- can't be underestimated. Jack Walsh did this for years. CHAIRMAN SOLIS: I don't think that's the proper thing for the 12.A.c Packet Pg. 215 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 76 magistrate to be doing. COMMISSIONER TAYLOR: To talk to retired -- CHAIRMAN SOLIS: To recruit other people. I think it's an RFP if we have an RFP process, we have an RFP process. COMMISSIONER TAYLOR: But to encourage retired judges to apply is not appropriate? CHAIRMAN SOLIS: Well, that's different from what you were saying. I mean, you're saying recruiting people and bringing people to the Board or something -- COMMISSIONER TAYLOR: No, no. CHAIRMAN SOLIS: -- other than saying -- you know, somebody suggesting that you should apply to be the special magistrate is one thing. Recruiting is taking an active role in trying to bring somebody forward to get the job. COMMISSIONER TAYLOR: I misspoke. CHAIRMAN SOLIS: That's a different thing. COMMISSIONER TAYLOR: Let me talk. Encouraging the retired judges, of which we have -- will have many in this community, to apply for this job, because it's a fascinating, rewarding job, and you've done it now for 14 years. MS. GARRETSON: Thank you. And I very, very much appreciate it. Thank you all very, very much. And you're welcome to come visit us at any time. COMMISSIONER McDANIEL: Oh, we watch you on TV all the time. MS. GARRETSON: My show? COMMISSIONER McDANIEL: Yes. MS. GARRETSON: Thank you. MR. OCHS: Mr. Chairman? CHAIRMAN SOLIS: Yes, sir. MR. OCHS: Mr. Coyman has asked to close the process here 12.A.c Packet Pg. 216 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 77 under your procurement ordinance with respect to 12B, if the Board would make a motion to deny award of the RFP to Mr. Neale. COMMISSIONER SAUNDERS: I'll make that motion. COMMISSIONER TAYLOR: Second. COMMISSIONER McDANIEL: It's a matter of semantics. CHAIRMAN SOLIS: Motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? No response.) CHAIRMAN SOLIS: Motion carries. MR. OCHS: Thank you, sir. Mr. Chairman, did you want to deal with your request for reconsideration now or after the other items on the agenda? Item #17A – Motion to reconsider (Per Chairman Solis) MOTION TO RECONSIDER BY COMMISSIONER SOLIS. AN ORDINANCE WHICH EXPANDS THE POWERS OF THE SPECIAL MAGISTRATE, AND ELIMINATES THE SPECIAL MAGISTRATES REVIEW BOARD – ADOPTED W/CHANGES TO KEEP THE REVIEW BOARD CHAIRMAN SOLIS: I think we should just do it now. So the motion was to reconsider the -- it was 17A on the summary agenda. COMMISSIONER TAYLOR: And move it -- are we moving to discuss today? I don't know what the procedure would be. 12.A.c Packet Pg. 217 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 78 MR. OCHS: County Attorney can advise on that. MR. KLATZKOW: You can discuss it right now, if you'd like. Just need three of you to say we'd like to discuss it. COMMISSIONER TAYLOR: Second. COMMISSIONER McDANIEL: Already did. CHAIRMAN SOLIS: There's a motion and second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? No response.) CHAIRMAN SOLIS: Okay. Thank you. As I said, it's -- we're removing a layer of oversight from something that's very important, it seems to me, on the basis that we've never had to use it, and I just -- I don't think that's -- if that review process wasn't working, it would be something different, you know, if there were issues with that. But I really would like to remove that deletion from the ordinance and just leave it in. COMMISSIONER FIALA: Could I ask a question on that? CHAIRMAN SOLIS: Yeah. COMMISSIONER FIALA: So say, for instance, we did remove it. I like your thoughts, though. I agree with that, but -- and then no sooner did we remove that and then they did need a review board, we might not have had one in 10 years all of a sudden we did. Where would you go to get that review? CHAIRMAN SOLIS: It would have to come to us. COMMISSIONER McDANIEL: Right, the Commission. CHAIRMAN SOLIS: We would be doing that. 12.A.c Packet Pg. 218 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 79 COMMISSIONER McDANIEL: That's the way he set this up is for the Commission being the one to make that decision. MR. KLATZKOW: That's right. COMMISSIONER FIALA: Okay. MR. KLATZKOW: Just as if -- I mean, at the end of the day, it's your review of the Code Enforcement Board members, it's your review of your hearing officer, it's your review of Leo and me. This would also be your review. There's no reason we cannot continue the Special Magistrate Review Board if that's what the Board wants, though. COMMISSIONER FIALA: Okay, good. I know we talked about it in the office, but I think it would be a good thing to put on the record, so thank you. CHAIRMAN SOLIS: Okay. COMMISSIONER TAYLOR: Okay. So -- COMMISSIONER SAUNDERS: Is it a matter of just simply deleting some language? MR. KLATZKOW: I'll just undelete the delete. CHAIRMAN SOLIS: Undelete the delete. MR. KLATZKOW: I'll just undelete the delete, yes. COMMISSIONER McDANIEL: Undelete. CHAIRMAN SOLIS: Undelete the delete. COMMISSIONER TAYLOR: And let's review it again in two years. Let's see -- let's mark this and see where we are in two years. COMMISSIONER SAUNDERS: Well, since the County Attorney understands exactly what we have to do, I'll make the motion to do the delete -- COMMISSIONER TAYLOR: Exactly what the County Attorney understands we have to do. MR. KLATZKOW: I will -- you're amending -- COMMISSIONER SAUNDERS: We don't really have to delete the delete. We just never have to have a delete in there. 12.A.c Packet Pg. 219 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) May 8, 2018 Page 80 MR. KLATZKOW: We are amending the ordinance to increase the jurisdiction of the special magistrate. I will undelete the delete for the Special Magistrate Board, and that will continue unchanged. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: There's a motion and second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? No response.) CHAIRMAN SOLIS: It carries. Thank you, and thank you for the Board's indulgence on that. COMMISSIONER TAYLOR: You have worked overtime on that one, Terri. Sorry about that. Item #11A ACCEPTING AN UPDATE TO THE AFTER-ACTION REPORT PROVIDED DURING THE BOARD’S NOVEMBER 7, 2017 WORKSHOP REGARDING THE EFFECTS OF HURRICANE IRMA - UPDATE GIVEN MR. OCHS: Commissioners, that moves us to Item 11A. This is a recommendation to accept an update to the after-action report provided during the Board's November 7, 2017, workshop regarding the effects of Hurricane Irma. Mr. Summers, your Emergency Services Bureau director, will present. MR. SUMMERS: Commissioners, good morning. It's nice to be in front of you without an emergency and -- at least for now. 12.A.c Packet Pg. 220 Attachment: Executive Summaries and Minutes - 5.8.18 BCC (21669 : Discussion of Special Magistrate Agreement) 16A15 AGREEMENT 04 -3677 Special Master Services for Collier County Code Enforce= 2004, ment" THIS AGREEMENT, made and entered into on this 4? day of 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: 1. 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, Fla. 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 12.A.d Packet Pg. 221 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) 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 12.A.d Packet Pg. 222 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) 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. Sgecial 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 12.A.d Packet Pg. 223 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) 16A15 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 12.A.d Packet Pg. 224 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) 16A15 ACORQ CERTIFICATE OF LIABILITY INSURANCE OP ID-, DATEIMMIDDIYYYY) PRODUCER RHODE -1 09 22 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO RMATIOONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEAtkinsonSAssoc. insurance HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTENQ OR1537BrantleyRd, Bldg c ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOWFortMyersFL33907 Phono:239- 437 -5555 Fax:239- 689 -3826 INSURERS AFFORDING COVERAGEINSURED w NA1C # INSURER Miscellaneous Companies- INSURER B: Rhodes, Tucker & Garretson INSURER C: P.O. Box 887 Marco Island FL 34146 INSURER a. COVERAGES INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDMIGWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDMAYPERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS ORSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OFPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUCH LTR NSR TYPE OF INSURANCE POLICY NUMBER pp M1DDlYY MM /DOPY LIMITSGENERALLIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS MADE'D OCCUR PREMISES .a occurence) MED EXP (Any one person) f PERSONAL & ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE f PRODUCTS - COMP/OP AGGPOLICYPRO- JECT LOC AUTOMOBILE LIABILRY ANY AUTO COMBINED SINGLE LIMIT Es accident) ALL OWNED AUTOS SCHEDULED AUTOS j BODILY INJURY Per person) HIRED AUTOS BODILY INJURY Per accident) NON -OWNED AUTOS PROPERTY DAMAGE Per accrdent) GARAGE LIABILITYi AUTO ONLY - EA ACCIDENT 1 ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY 1000000AOCCUR0CLAIMSMADEAT0952105 EACH OCCURRENCE AGGREGATE 200000010/01/03 10/01/04 DEDUCTIBLE RETENTION $ 15UOO WORKERS COMPEN5ATYON AND EMPLOYERS' LUABILITY TORY LIMITS ER ANY OPRIETOR/PARTNER/EXECUTIVEOFFICEPRJMEMBEREXCLUDED9 E.L. EACH ACCIDENT ; r y®s, describe under E.L. DISEASE - EA EMPLO _ $ SPECIAL PROVISIONS balow E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISIONS 10 DAYS FOR NON - PAYMENT. PROFESSIONAL LIABILITY CERTIFICATE HOLDER CANCELLATION COLLI01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEE XPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN COLLIER COUNTY BOARD OF COUNTY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL COMMISSIONERS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2800 NORTH HORSESHOE DRIVE REPRESENTATIVES. NAPLES FL 33942 AUTHORIZED REPRESENTATIVE O. T. Atkinson ACORD 25 (2001108 Jr. A 94 O ACID CORPORATION i 12.A.d Packet Pg. 225 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) ounrll 16A7 zz ACORD,. CERTIFICATE OF LIABILITY INSURANCE 09/16104 Y) PRODUCER GSI - Marco Island 950 N Collier Boulevard, #101 Marco Island, FL 34145 239 394 -3133 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Rhodes, Tucker & Garretson Attorneys at Law PO BOX 887 Marco Island FI 34146 INSURER A: The Travelers Insurance Company rA INSURER B: GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY INSURER C: 05/15/04 INSURER D: EACH OCCURRENCE INSURER E: DAMAGE TO RENTED P MI rren VVVIZ Mw— 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. NLTR D' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS rA A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 1680171 PB537 05/15/04 05115/05 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED P MI rren 300 OOO MED EXP (Any one person) s5,000CLAIMSMADEFOCCUR PERSONAL & ADV INJURY 110001000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 POLICY PRO - JECT AUTOMOBILE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY Per person) SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY Per accident) PROPERTY DAMAGE Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG S ANY AUTO EXCESS /UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE S AGGREGATE DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND 1ACRUB0794W27804 05/15/04 05/15/05 X WCY TATT- O R E.L. EACH ACCIDENT 100,000EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYEE 100,000ANYPROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT 5500,000Ifyes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / 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" FICATE BOARD OF COLLIER COUNTY COMMISSIONERS 3301 E TAMIAMI TRAIL Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1n* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE n --o-- nTIn41 40QC ACORD 25 (2001108) 1 of 2 #250049 L' 1" `"` 12.A.d Packet Pg. 226 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) 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 (2001108) 2 of 2 #250049 12.A.d Packet Pg. 227 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) 16A15 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. ATTEST: Dwight E:,$ d &^,, erk of Courts Dat4- C4irW•= SEAL} ,; r ' 4urr!' atl'Y. irst Witness G n.YN II (/T`•/ iGF7 S TType /print witness names Second Witness TType /print witness nameT Approved as to form and legal sufficiency: Scott R. Teach Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Commissioner Donna Fiala, Chairman Rhodes, Tucker, ano Garretson t\ MOR V— Signature Brenda C. Garretson, Partner Typed signature and title CORPORATE SEAL corporations only) Item It l&LaS Agenda'?, s-L tDate `' i Date RecAlb 5 12.A.d Packet Pg. 228 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) 12.A.d Packet Pg. 229 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) 12.A.d Packet Pg. 230 Attachment: 04-3677 Agreement and extension - Special Master (21669 : Discussion of Special Magistrate Agreement) AGREEMENT THIS AGREEMENT, made and entered into on this (Q+h. day of MtJ...nJ,\ 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: 12.A.e Packet Pg. 231 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 n 12.A.e Packet Pg. 232 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 indenmify 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 indenmification 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 12.A.e Packet Pg. 233 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.e Packet Pg. 234 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 PERSONNEI/PROJECT 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 12.A.e Packet Pg. 235 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 ATTESJ~ . Dw:iih;'E:~i.gt1- h Clerk of Courts L ilted:' . ~. ~,,' / - r.SEALY' ~lIne,. '~'.{(, C li1t"'tF"'~;" h. "'''''' . VPW an,. COLLIER COUNTY, FLORIDA By:~ (L d~~ Donna Fiala, Chairman RHODES, TUCKER & GARRETSON II Firs Jennifer Dixon-Abbott Q::-~ Sign~e tType/ print witness namet Brenda C. Garretson, Partner Typed signature and title a.. ~"I~-;f? y~ econd WItness Audrey R. Weinrich tType/print witness namet Approved as to form and legal sufficiency: 1f I( j~ AegiEta~ County Attorney i;).t r' '" '/ u H- R -Ult",L Print Name 6 12.A.e Packet Pg. 236 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.e Packet Pg. 237 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.e Packet Pg. 238 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.e Packet Pg. 239 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.e Packet Pg. 240 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.e Packet Pg. 241 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.e Packet Pg. 242 Attachment: 08-5090 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 243 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 244 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 245 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 246 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 247 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 248 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 249 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 250 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 251 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 252 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 253 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of ) v,i(, ,2014,by and between Brenda C. Garretson ("Garretson"), and Collier County, a political subdivision of the State of Florida("County"). WHEREAS, on May 15, 2013, the Collier County Board of County Commissioners entered into Contract 13-6016 "Special Magistrate Services for Code Enforcement" with The Garretson Law Firm, LLC d/b/a Rhodes, Tucker& Garretson (attached hereto as Exhibit A, and hereinafter referred to as the "Agreement"), at which time Garretson was the firm's Managing Member;and WHEREAS, Garretson has continually served as the Special Magistrate during the course of this contract and several prior contracts for these services; and WHEREAS, Garretson hereby represents to Collier County that she is retired from the private practice of law and is therefore no longer practicing with any law firm, including The Garretson Law Firm, LLC d/b/a Rhodes, Tucker & Garretson, but remains a member of the Florida Bar in good standing and will continue to provide the Special Magistrate services independently; and WHEREAS, the parties wish to formalize Garretson's assumption of rights and obligations under the Agreement,effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties,it is agreed as follows: 1. Garretson accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. The County agrees to waive the insurance requirements of the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Consultant shall be directed to: CONSULTANT: Brenda C. Garretson,Esq. 4915 Rattlesnake Hammock Rd., Suite 127 Naples,FL 34113 Telephone: (239)227-8151 E-mail: bkgarret @gmail.com 5. The County hereby consents to Garretson's assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Garretson as the Consultant for all purposes under the Agreement. 1 12.A.f Packet Pg. 254 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. ATTEST:BOARD OF COUNTY COMMISSIONERS DWIgIT'1`B4pCK, Clerk COLLIER COUNTY, FLORIDA Attest ash rk om Henning, Cha an s V signature-o 1 0 A.tig walk,— ren . C. Garre son 1-4 Approve s t j10 and legality: i Jeffrey A. K atzdcpw ounty Attorney 2 12.A.f Packet Pg. 255 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) Exhibit A AGREEMENT13-6016 for Special Magistrate Services for Code Enforcement THIS AGREEMENT, made and entered into on this 1 544` day of Akial 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) Pagelof8 4 12.A.f Packet Pg. 256 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 pal tnership 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 j" 12.A.f Packet Pg. 257 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 12.A.f Packet Pg. 258 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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. Page4of8 12.A.f Packet Pg. 259 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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. Page5of8 12.A.f Packet Pg. 260 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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. Page6of8 12.A.f Packet Pg. 261 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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. inder of page intentionally left Page 7of8 12.A.f Packet Pg. 262 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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: 7 lAoLtLei-ok Jo. e Mar'liewicz,,r% e urchasing and General Services Dir The Garretson Law Firm, LLC, d/b/a Rhodes Tucker &Garretson, Attorneys at Law Consultant Agifilt First Witness Signature 61t aN V'2 114 C . TType/print witness n eT Type/print signature and title NAVNi\s/ Ae163Ca'r econ. Witness Ce V. 4 a ->J TType/print witness nameT Approved as to form and legal sufficiency: A A Assistant $ounty A orney rrniI R. Pfp)`nPrintName Page 8 of 8 CS) 12.A.f Packet Pg. 263 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 800 N. Collier Blvd., Suite 203 Marco island, FL 34145 239) 394-5151 239) 394-5807 Fax Nicole@MarcoLawFirm.com 1 12.A.f Packet Pg. 264 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) mitit OP ID:CD A C-C PF E'" CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DDmTY) 04/12/2013 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 CONSTrTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:239-437-5555 NAME.Atkinson&Assoc.Insurance 1537 Brantley Rd,Bldg C Fax:239-689-3826 P Ny,Eetk 1(A'ID.No),Fort Myers,FL 33907 E-MAIL Carolyn D.Diggs A068462 ADDRESS: PRODUCER RHODE-1CUSTOMERIDd: INSURER(S)AFFORDING COVERAGE NAIC# INSURED THE GARRETSON LAW FIRM LLC INSURER A:NATIONAL UNION FIRE INSURANCE 119445DBA:RHODES,TUCKER AND INSURER a:COMPANY OF PITTSBURG,PA.GARRETSON 800 N.COLLIER BLVD.,SUITE 203 INSURER C MARCO ISLAND,FL 34145 INSURER 0 I i INSURER c: I I INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE US 1 L::BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I 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.UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IINSRR TYPE OF INSURANCE I4DDL,9uaJd1 POLICY EFF • POLICY EXP MICR BANG I POL'CY NUMBER 1(MMJDDNYTTI (MMJDDIYY.YYr I LIMITS GENERAL LIABILITY j I EACH OCCURRENCE 5 I I COMMERCIAL GENERAL LIABILTIY DAMAGETO rtENTEL I I i PREMISES(Ea oces encat %S I j CL IMS-UADE i OCCLR2 MED REP(Anyone person) I S j)l PERSONAL&ADV INJURY 1 S 1 GENERAL AGGREGATE I S I GET"_AGGREGATE LIMIT APPLIES PER I i I PRODUCTS-COMPA7P AGG I S rPOLICY ^FCT ! LOC 1 I S I AUTOMOBILE LIABILITY j I COMBINED SINGLE UNIT I I ANY AUTO Ea accident)) I BODILY INJURY(Per person) I$ ALL OWNED AUTOS IIliB I BODILY INJURY(Par acident}I$I I SCHEDULED AUTOS Ii4 PROPERTY DAMAGE 1 I HIRED AUTOS Per accident) I$ I i NON-OWNED AUTOS 1 I I : i S UMBRELLA LIAR I OUR 1 EACH OCCURR5RCE I 37EXCESSLIABiCLAIMS-S ADE I I AGGREGATE I S DEDUCTIBLE S RETENTION $ I I f 5 WORKERS COMPENSATION I 151N,:STATU- )0TH-IIANDEMPLOYERSLIABILITY YIN OF:Y UNITS R I ANY PROPRIETOR/PARTNXECUIIVE I E.L.EACH ACCIDENT I$IOFFICERMEMB_EREXCLUDED? I N/A I(Yandaiaty In NH}If yes,describe under j E.L DISEASE-EA EMPLOYEE$• I DESCRIPTION OF OPERATIONS below j I S.L.DISEASE-POUCY UNIT!.S A !PROFESSIONAL 1 44902428 10/0112012 i 10/01/2013;PER CLAIM 1,000,000 LIABILITY 1 CLAIMS MADE FORM i AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS J LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required)LAWYERS OFFICE CERTIFICATE HOLDER CANCELLATION COLL101 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COLLIER COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS, COMMISSIONERS 3327 TAMIAMI TRAIL EAST AUTHORIZED REPRESENTATNE NAPLES,FL 34112 I L i C" 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 12.A.f Packet Pg. 265 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) Cllentt:17056 RHOTU ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDINYYYY) 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 polIcy(les)must be endorsed.If SUBROGATION IS WAIVED,subJed to the terms and conditions of the policy,certalnpoiicles may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). Guifshore insurance-Naples H !sell Garcia FAX 4100 Goodiette Road North Na,,,o,239 261-3646 r,,,c.,,o 239 435-0598 ADDRESS; igarcia@guifshareinsurance.com Naples, FL 34103-3303 239 251-3646 INSURERIS)AFFORDS*COVERAGE RAW* INSURERA:Old Dominion insurance Company - INSURED I IlaauRER g;The Travelers insurance Company IRhodes,Tucker&Garretson Attorneys PO Box 887 INSURER D Marco Island,FL 34146 INSURER D: INSURER_S; INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TC CEK I IFY 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 DR 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 POUCHES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RI ADDLISUBR! I POLICY I TYPE OF INSURANCE SWD POLICY NUMBER IDDD YYYY1 INMIDYYYJ LIMITS A !i GENERAL LIABILITY BPG4206F 5/15/2013 05/15/2014 pEAACCHH OCCUURRRENCE ,1,000,000 XI mr,tm cut.GENERA_LIABILITY PREM19FE8 gEo Ive) !$5500.000 CLAIMS-MADE OCCUR I I MED EX?(Any was Person) $5,000 PERSONAL&ADV INJURY '$1,000,000 1 GENERAL AGGREGATE $2,000,000 rEN'L AGGREGATE.LIMIT APPUESPER: I PRODUCTS-COMPfOP AGO $2,000,000 I-1 POLICY I I,PI—^{{ I I LOC I AUTOMOBILE LIABILITY I I COMBINES}SINGLE LIMIT t I(Ea=Went) 13 ANY AUTO I BODILY INJURY(Per person) $ BOSOWNED !'-1 SCHEDULED a I, BODILY INJURY(Per zoldant)1$ NON-OWNED PerenHIREDAUTCSI Pera=fdentl 1$ r1 UMBRELLA LAB I I OCCUR ICU I EACH OCCURRSICE I$ EXCESS tuR 7 CLAIMS-MADE;AGGREGATE S D© I I RETENTION S B WORKERS GOMPENBAnaN I IAUB0794W27813 05/15/2013105/15/2014 X T'ORYTrA1 IM ;°L'TH- AND EMPLOYERS'WBLITY Y;N I ANY PR H iIABERJF UDED? NIA { i EL.EACH ACCIDENT $500,000 Mmdatory to NH) i I EL,DISEASE-EA EMPLOY _I$500,000Ifyesdeicibeunder I DESCRIPTION O,=OPERATIONS balcw i I EL DISEASE-POUCY LIMIT 13500,000 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VIENC p5(Attach ACORD 101,AddItbnai Remarks Scheduia,It inure spat.in rsmr ed) 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 HE DELIVERED IN Commissioners Contractors Uc. ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiaml Trail East Naples,FL 34112 AUTHORIZED REPRESENTATIVE C1988-2010 ACORD CORPORATION,All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD S646772/M641526 AVE 12.A.f Packet Pg. 266 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 D D, 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, fitcia 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 12.A.f Packet Pg. 267 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 12.A.f Packet Pg. 268 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 269 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.f Packet Pg. 270 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.fPacket Pg. 271Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12.A.fPacket Pg. 272Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 12A 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 0 0 TY CO S ONERS DWIGHT E. BROCK, Clerk OF COL R r•LINTY, i 'JCA IC By: Attest as toGbaty Clerk ANDY SOLIS, CHAIRMAN signatareAl : . SPECIAL MAGISTRATE By: Brenda C. Garretson, Esq. Appro .,. Pi and legality: 4,1fIritkVia1 Jeffrey •IT Kla l%', ow, County Attorney 1 12.A.f Packet Pg. 273 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement) 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 this t day of Max-6-\2020 (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#13-6016 has been modified and extended several times over the years by assumption, addendum and amendment, as set forth in the attachments and collectively referred 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, 2022. 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 OF COUNTY COMMISSIONERS CRYSTA1i,ICf :. 4L, CLERK OF OF COLLIER COUNTY, FLORIDA COURT'& COMPTROLLER 44,fedellAWa. By: 1',l`0 i ),..._ ' 1,0„....';\ I " , By: Attest as`t4,gha•Icman 1?uty Clerk Burt Saunders, Chairman signature only, 13:‘ SPECIAL MAGISTRATE if Approv-da3{to;form and legality: L.1 Alb v ` renda C. Garrets,-, sq. Jeffrey ' . Kl.tzkow, County Attorney i 1 12.A.f Packet Pg. 274 Attachment: 13-6016 Agreement and extensions - Special Magistrate Services (21669 : Discussion of Special Magistrate Agreement)