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Backup Documents 09/13/2016 Item #16F 1 (08/23/2016 Absentia) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6F1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB 8/23/16 4. County Manager Office County Manager Office 10bAV11/1 $\Z3\\b BCC Office Board of County Commissioners 4/`7 ek\V3kkc,. 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cormac Giblin,Community and Human 252-2399 Contact/Department Services Agenda Date Item was 8/23/16 Absentia Agenda Item Number Item l:g Approved by the BCC 9/13/16 Ratification Item 16-F-1 Type of Document Application for Federal Assistance SF-424 Number of Original One Attached Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signat - STAMP OK JAB 2. Does the document need to be sent to another agency for ad.' '- • :: I es? If yes, JAB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved in absentia on 8/23/16 and ratified by the BCC on JAB 9/13/16 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the 1:3 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16F 1 .t. id atl ah i 2 V 1�nI mm �_ Di e g tiF� � d V :I 41.E k. I -; ❑ t. 11 1 ; Lb.. ,312, o o � t H & Ba ❑ ❑ II] gm lA r s sit ,,. P i v e H ; Es EEx cat I 1 F$ . ❑ i g - y I d t' E ,!{ ~ « {keg V 0- � a ? ❑ '.i5 v ,6 d F $ LL —y C g y E a . €' I O y CJl I I f E t, E l p y I; F � Y t zela nit E s E ®� •5 B E .i -gill g i N a ii l o ,�p zp = o� dC� >2 II m e al Z bS .. NI § alX W w Cf .g1 c€� ❑ A €z GXGG0. u�g � u��€� u� d M-a .vii Y NIA Qin a A if s zap a s al z ❑ o • �1 / k a r 6 to Cr ,� Cr, j! l iii O ,.; Li) cv , „r- ,i-) R .P.1- ‘ ,% t `ry _ili _iii; M d ❑ ❑ 7-1 ru - 43 0 -•••.... N) R ;.► R y .. CO Q" CO W C .4:1 A �. - i 4 c A 43 ctut 1 rt t -Q IS 41 Q)' iii i Nz - --c, .14 �. SW 1 et f i CA c.en ,. I CD I — ' *1 s. I G44 CN t J •!1 I Pal ' sI 0211.= 11 1 v � Y' N in 6EEE£9.17 008 l x3Pado9 008 l W03 xapa j i 16F I County of Collier CLERK OF THE CII,CU1T COURT COLLIER COUNTY C0IRTHO'USE Dwight E. Brock-ClerK"pf Circuit Court 3315 TA�t1ANi1 TRL E STE 102 P.O. BOX 413044 NAPLES, FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor • Custodian of County Funds September 16, 2016 HUD Community Planning & Development Divison Miami Field Office Attn: Ann D. Chavis, Director 909 SW First Avenue Room 500 Miami, Florida 33131-3042 Re: Application for Federal Assistance — SF-424 Transmitted herewith is one (1) original of the referenced document approved/adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, September 13, 2016, during Regular Session. If you have any question please contact Cormac Giblin in the Community and Human Services Division at the following e-mail: cormacgiblin(a colliergov.net Very truly yours, DWIGHT E. BROCK, CLERK f tt--fi- ' 1 Martha Vergara, De put lerk g g Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com �1 16F 1 OMB Number 4040-0004 Expiration Date:8/31/2016 Application for Federal Assistance SF-424 •1.Type of Submission: *2.Type of Application: 'If Revision,select appropriate letter(s): Preapplication ®New ®Application El Continuation 'Other(Specify): El Changed/Corrected Application El Revision '3.Date Received: 4.Applicant Identifier B-14-UC-120016 5a.Federal Entity Identifier 5b.Federal Award Identifier: State Use Only: 6.Date Received by State: 7.State Application Identifier: 8.APPLICANT INFORMATION: 'a.Legal Name: Collier County Board of County Commissioners *b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS: 596000558 0769977900000 d.Address: •Streetl: 3339 Tamiami Trail East Street2: Suite 211 *City: Naples County/Parish: Collier State: FL: Florida Province: 'Country. USA: UNITED STATES Zip/Postal Code: 34112-4901 e.Organizational Unit: Department Name: Division Name: Public Services Community and Human Services f.Name and contact information of person to be contacted on matters involving this application: Prefix' •First Name: Kimberley Middle Name: Last Name: Grant Suffix: Title: Director Organizational Affiliation: 'Telephone Number: 239-252-6287 Fax Number Email: kimberleygrantacolliergov.net 1 6 F I Application for Federal Assistance SF-424 •9.Type of Applicant 1:Select Applicant Type: B: County Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: •Other(specify): *10.Name of Federal Agency: U.S. Department of Housing and Urban Development 11.Catalog of Federal Domestic Assistance Number: 14.239 CFDA Title: HOME Investment Partnerships *12.Funding Opportunity Number: FY 2016-2017 Entitlement Funding HOME •Title: Application for the FY 2016-2017 Entitlement Funding for Collier County, FL HOME 13.Competition Identification Number: Title: 14.Areas Affected by Project(Cities,Counties,States,etc.): Add Attachment Delete Attachment View Attachment 15.Descriptive Title of Applicant's Project: HOME Entitlement Funding Application for FY 2016-2017 Collier County, FL Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments View Attachments 16F I Application for Federal Assistance SF-424 16.Congressional Districts Of: 'a.Applicant 14 *b.Program/Project 14 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment 17.Proposed Project: *a.Start Date: 10/01/2016 *b.End Date: 09/30/2017 18.Estimated Funding($): *a.Federal 479,663.00 *b.Applicant 0.00 "c.State 0.00 , 'd.Local 0.00 *e.Other 0.00 *f. Program Income 0.00 •g.TOTAL 479,663.00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? 111 a.This application was made available to the State under the Executive Order 12372 Process for review on El b.Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E.O. 12372. *20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.) ❑Yes ®No If"Yes",provide explanation and attach Add Attachment Delete Attachment View Attachment 21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements CO rn CO herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may g subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) 0Oi) . a) Z, ® *'I AGREE CC,.. NI/6" ** The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency "'Y 0 specific instructions. cp ` C Authorized Representative: 0 'uS f9 Q U Prefix: *First Name: Donna c e0 , 0 Middle Name: -o • W j i O *Last Name: Fiala o O J Suffix: Q N CO 'Title. Chair, Board of County Commissioners 'Telephone Number 23.9-252-8097 Fax Number: •Email: Donna5'i�2ac6co111ergo;u,net Art i rrsofAufhor€zed Representative:.'-. Donna i *Date Signed: 06/28/2016 DW1GHTe.tsPWCIS CLERK• a lr %%3ktto Approved as to form and legality Deputycierte est o Chan-mail ,. fit2) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i6F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO • THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 8/23/16 4. County Manager's Office County Manager's Office L.o;' !4.1 4i\z3\4• /j/ BCC Office Board of County 'DF Commissioners Nat qV \‘\ 5. Minutes and Records Clerk of Court's Office -TM 0-3(fG ((s-04in PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sandra Herrera,Purchasing 252-4270 Contact/Department Agenda Date Item was 8/23/16 Absentif Agenda Item Number Item '. Approved by the BCC 9/13/16 Regular ✓ Item 16-F-1 ti Type of Document Addendum to Agreement 13-6016 Number of Original 2 each Attached Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved in Absentia on 8/23/16 and by the BCC 9/13/16 and all JAK changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. f 9. Initials of attorney verifying that the attached document is the version approved b the \ — .- BCC,all changes directed by the BCC have been made,and the document is ready or th- Chairman's signature. a I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis • . , 'evised 11/30/12 i6E 1 MEMORANDUM Date: September 15, 2016 To: Sandra Herrera, Procurement Manager Procurement Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Addendum to the Special Magistrate Services for Code Enforcement (#13-6016) — Brenda Garretson Attached is an original of the document referenced above, (Agenda Item #16F1) approved by the Board of County Commissioners on Tuesday, September 13, 2016. The second original has been kept by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16F 1 ADDENDUM TO AGREEMENT 13-6016 WITH BRENDA C. GARRETSON FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT r III THIS ADDENDUM TO AGREEMENT 13-6016 ("Addendum") is entered into this M4% day of( y4ce_ 2016, by and between Brenda C. Garretson ("Garretson"), and Collier County,a political subdivision of the State of Florida("County"). WITNESSETH WHEREAS, on May 15, 2013, the Collier County Board of County Commissioners ("Board")entered into Agreement 13-6016 "Special Magistrate Services for Code Enforcement" with The Garretson Law Firm, LLC, d/b/a Rhodes, Tucker& Garretson, at which time Garretson was the firm's Managing Member; and WHEREAS, by an Assumption Agreement dated June 10, 2014, Garretson accepted and assumed all rights, duties, benefits, and obligations under Agreement 13-6016 in order to continue to provide Special Magistrate services independently. (A copy of the above-referenced Agreement 13-6016 and Assumption Agreement are attached hereto as Exhibit A); and WHEREAS, through its adoption of Ordinance No. 2016-19, the Board established a vendor payment dispute resolution process in accordance with the Local Government Prompt Payment Act. The Board also approved the "Collier County Prompt Payment Procedure" to facilitate the dispute resolution process which states in part, "If the parties are unable to reach resolution on the payment dispute, the County Manager shall appoint the Special Magistrate as a Hearing Examiner, to whom the matter will be referred." (A copy of Ordinance No. 2016-19 and the Collier County Prompt Payment Procedure are attached hereto as Exhibit B); WHEREAS, the County agrees for Garretson to work with the County Manager, or designee, on the development of any necessary ministerial documentation to be utilized for the facilitation of the additional duties outlined in Ordinance No. 2016-19 and the Collier County Prompt Payment Procedure; and WHEREAS, the County and Garretson desire to formalize Garretson's acceptance of the additional duties outlined in Ordinance No. 2016-19 and the Collier County Prompt Payment Procedure. 16F 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree that in addition to the services outlined in Paragraph 2 of Agreement 13-6016 (Statement of Work), Garretson shall also serve as the Hearing Examiner as described in the Collier County Prompt Payment Procedure. IN WITNESS WHEREOF, the parties have executed this Addendum on the date set forth above. AT PEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BR CK, C ler COLT T R COUNTY, FLORIDA 4 I id.„."4„, By_.: L , 'I/ By: Attest as to Chairman's 5 1 --)utv60i%rk D NNA FIALA, CHAIRMAN signature only. Br• da C. Garre�'' : 'sq. App ,ved :s d • -- . d legality: _ iwilira \Iia iv & s. Jeffre !' . ' atzkow Coun " A'+ (rney Approved in absentia per Resolution No. 2001-149 on A ust 23, 2016 By: • 1/_ Leo E. Ochs,Jr., Cou Manager ‘ft-t3 2 EXHIBIT "A" 16F 1. AGREEMENT 13-6016 for Special Magistrate Services for Code Enforcement THIS AGREEMENT, made and entered into on this I i+4'' day of !1'ta 2013, by and between The Garretson Law Firm, LLC, d/b/a Rhodes, Tucker & Garretson, authorized to do business in the State of Florida, whose business address is 800 North Collier Boulevard, Suite 203, Marco Island, FL, the "Consultant" and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The Consultant shall commence the work upon contract execution, for a two (2) year period. The County, at its discretion, shall have the option to renew the contract after the initial term for one (1) additional two (2) year term. Such renewal shall be under the same terms and conditions, unless otherwise modified in writing by the parties. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consultant shall provide Special Magistrate services in accordance with the terms and conditions of RFP #13-6016 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement at the hourly rate of $175.00 (One Hundred Seventy-five Dollars). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) Page 1 of 8 C) 1 16F i months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Rhodes,Tucker &Garretson Attorneys at Law 800 North Collier Boulevard,Suite 203 Marco, Island, FL 34145 Tel: (239) 394-5151; Fax: (239)394-5807 Brenda C. Garretson, Esq. Brenda@marcolawfirm.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing &General Services Director Telephone: 239-252-8975 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for Page 2 of 8 e iF i payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex,color, creed or national origin. 11. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page 3 of 8 CAo 16F 1 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all subConsultants/Consultants comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 4ofS ,CAo 16F . 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 14. CONFLICT OF INTEREST:Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect,which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate, RFP #13-6016-Special Magistrate Services for Code Enforcement, and Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give,either directly or indirectly, any favor, gift, loan,fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual,firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and,c. immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Page 5 of 8 CA® 16F 1 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL/CONTRACT STAFFING: The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. Page 6 of 8 16F �. 25. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Consultant's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the RFP and the Consultant's Proposal, the language in the RFP would take precedence. 26. ASSIGNMENT:Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. ****************************Remainder of page intentionally left blank***************************** Page 7 of 8 16F 1 IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAd�J( .a`44C'G—�, Joa e Markiewicz, le urchasing and General Services Dir• The Garretson Law Firm, LLC, d/b/a Rhodes Tucker &Garretson, Attorneys at Law Consultant First Witness Signature NSC ��C�ue.2 /-6114a.,z C , Ga+r t-e-13try, TType/print witness naret Type/print signature and title 7/ a • IkaANti Aer".‘caie- recon: Witness TType/print witness nameT Approved as to form and legal sufficiency: Assistant County Attorney ,o tik, )(pin Print Name Page 8 of 8 CA® c9/ 16F 11 ClIent#: 17056 RHOTU ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE(I0MIODrYYYY)05!0312013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain,po9eies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER I UrfT�:`cT !sell Garcia Gulfshore Insurance-Naples PRONe Ac. 239 261-3646 FAX 239/35.0598 4100 Goodiette Road North EMAlla }: ( ow i ADDRESS: Igarcla@gulfshoreinsurance.com Naples, FL 34103-3303 239 261-3646 INSURERINSURERS)AFFORDING COVERAGE PAW a A:Old Dominion Insurance Company INSURED s888889:The Travelers Insurance Company Rhodes, Tucker&Garretson Attorneys PO Box 887 INSURER C: Marco Island,FL 34146 INSURER D: INSURER E: 1 I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WR}i RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOTiONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF INSURANCE NORw D' POLICY NUMBER (� POLICY ERT LENTS . A GENERAL UABIUTY 1 ( BPG4206F p5M552013l05/15(2014,p Hcs oc uRRE31,000,000 1 XI COMMERCIAL.GENERAL LIABILITY l PFiS3A18E3 1Esoaaar oe) S500,000 I I I 1 I CLAIMS-MADE I X OCCUR - ,MED EXP y Erw(Any one :S5,000 I 1 PERSONAL&ADV INJURY $1,000,000 GENERAL.AGGREGATE s2,000,000 IGEN'L AGGREGATE LIMIT APPLIES PER: I I PRODUCTS-COMP/OP AGG s2,000,000 POLICY I LOC S AUTOMOBILE LIABILITY h SINGLE LMR Ms incident) s I ANY AUTO I BODILY INJURY(Parvenue) 3 _ AU_OWNED 7— INJURY(Par emita ) $ — NON-OWNED PROPERTY DAMAGE IREDHI AUTOS AUT (Per accident) t1YBRF1tA UAS ! I occuR 1 I EACH OCCURRENCE S EXCESS LAS VA I CLAS-MAS'. • r AGGREGATE S I , DED ' I RETENTION S I _ I S B WORKERS COMPENSATION 11AUB0794W27813 p511 5/20131051151201 X W uars 1 AND EMPLOYERS'LMeL.RY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ' EL EACH ACCIDENT 35500,000 OFFICER/MEMBER EXCLUDED? N !NIA (Neddory tri INN) I I (EL.DISEASE-EA EMPLOYEE s500,000 DESIfve CRI OF OPERATIONS below I I I EL.DISEASE-POLICY LMR j s500,000 I I I DESCRIPTION OF OPERATIONS/LOCATIONS f VBMGLES(Attach ACORD 101.Additional Remarks Sdwdne.if more spats is required) Re: 13-6016 Special Magistrate Services CERTIFICATE HOLDER - CANCELLATION SLD ANY OF THE ABOVE DESCRIBED MIXES BECollier County Board of County THEA EXPIRATION DATE THEREOF, NOTICE WILL BE El.LIIED BEDOIN Commissioners Contractors Uc. ACCORDANCE YIRTIl THE POLICY PROVISIONS. 3327 Tamlaml Trail East Naples,FL 34112 AUTHORED REPRESENTATIVE 6A.40J_a(.7 ewW ' 01988-2010 ACORD CORPORATION.All rights reservwl. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #'S646772/M641526 AVE C .6 9. 1 1 �1► �"� OP ID: CD /"ICOR®r DATE(MNIDDIYYYY) W CERTIFICATE OF LIABILITY INSURANCE 04/12/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:239-437-55551 CONTACT Atkinson&Assoc.Insurance (J NAME' 1537 Brantley Rd,Bldg C Fax:239-689-3826 MOIL Extk INC.No): Fort Myers,FL 33907 E-MAIL Carolyn D.Diggs A068462 ADDRESS: PRODUCER RHODE-1 f CUSTOMER ID 0, I INSURER(S)AFFORDING COVERAGE NAIC I INSURED THE GARRETSON LAW FIRM LLC INSURER A:NATIONAL UNION FIRE INSURANCE 19445 DBA:RHODES,TUCKER AND GARRETSON INSURet B:COMPANY OF PITTSBURG, PA. 800 N.COLLIER BLVD.,SUITE 203 INSURER C: MARCO ISLAND,FL 34145 INSURER D INSURER c: I i INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INsR I TR TYPE OF INSURANCE rte'BUBR POIDD/EFF _POLICY YY i S wrsR�vD 1 POLICY NUMBER lMrr/DamYY1 1(wMrODrcYm i LIMITS GENERAL LIABILITY I I . I EACH OCCURRENCE i S COMMERCIAL GENERAL LIABILITYI DAMAGE TO RENTED i i a ( Ea oNrrenSBI $ I r, CLAIMS-MADE 'occUR 'MED EXP(Anyone person) S !PERSONAL&ADV INJURY $ 'GENERAL AGGREGATE 'S GEM AGGREGATE LIMIT APPLIES PER: 1 I ( I PRODUCTS-COMP,OP AGG.S IPOLICY I Jjc� 1 .LOC I I 1 5 .AUTOMOBILE LIABILITY 1 j I COMBINED SINGLE LIMIT $ ANY AUTO (Ea actldent) ALL tAUTOWNEAUTOS I -:BODILY INJURY(Per person) S --, BODILY INJURY(Per accident) S JI SCHEDULED AUTOS I PROPERTY DAMAGE S I I HIRED AUTOS I I(Per aecdest) NON-OWNEC AUTOS I !s r--", I i IS UMBRELLA LAB 1 I OCCUR i ;EACH OCCURITHVCE S {EXCESS LAB I—.CL IMS-MADE I I 1 AGGREGATE S DEDUCTIBLE 1 'S RETENTION $ 1 I S WORKERS COMPENSATION WC STATU- I IOT - I AEMPLOYERS'LIABILITY Y/N I I !TORY UNITS I I ER 1 AND • i ANY PROPRIETOR/PARTNER/EXECUTIVE I I I E.L.EACH ACCIDENT I$ !OFFICERIMEMBER EXCLUDED? `_IN A I '(Mandatory In NH) I EL DISEASE-EA EMPLOYEE S ff yes,da6.rter un DESCRIPTION OF OPERATIONS glow I :E.L.DISEASE-POLICY LIMIT'5 A PROFESSIONAL 44902428 1010112012110101/2013 PER CLAIM 1,000,000 LIABILITY 1 (CLAIMS MADE FORM I ! !AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101.Additional Remarks Schedule,P more space is required) LAYERS OPTICS CERTIFICATE HOLDER CANCELLATION COLL101 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN COWER COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 3327 TAMIAMI TRAIL EAST AUTHORIZED REPRESENTATIVE NAPLES,FL 34112 — £' I'1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD C 16F I DeLeonDiana From: Nicole Rodriguez[nicole@marcolawfirm.com} Sent: Tuesday, May 07, 2013 8:52 AM To: DeLeonDiana Subject: 13-6016 Special Magistrate Services Attachments: SKMBT_C45213050616410.pdf Good Morning Diana, Attached are the two Certificates of Liability Insurance for Brenda Garretson's contract#13-6016-Special Magistrate Services. The general liability insurance company stated they will not add Collier County as additional insured in regards to general liability because Collier County has no interest in the premises. We were also told that we cannot add auto liability as we do not have any company vehicles. Thank you. Nicole Rodriguez, Paralegal Rhodes, Tucker & Garretson The Esplanade 300 N. Collier Blvd., Suite 203 Marco Island, FL 34145 (239) 394-5151 (239) 394-5807 Fax Nicole@MarcoLawFirm.com 1 C• • • • i6F 1 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of J c.LA a (0 ,2014,by and between Brenda C. Garretson ("Garretson"), and Collier County, a political subdivision of the State of Florida("County"). WHEREAS, on May 15, 2013, the Collier County Board of County Commissioners entered into Contract 13-6016 "Special Magistrate Services for Code Enforcement" with The Garretson Law Firm, LLC d/b/a Rhodes, Tucker& Garretson(attached hereto as Exhibit A,and hereinafter referred to as the "Agreement"), at which time Garretson was the firm's Managing Member,and WHEREAS,Garretson has continually served as the Special Magistrate during the course of this contract and several prior contracts for these services;and WHEREAS, Garretson hereby represents to Collier County that she is retired from the private practice of law and is therefore no longer practicing with any law firm, including The Garretson Law Firm, LLC d/b/a Rhodes, Tucker & Garretson, but remains a member of the Florida Bar in good standing and will continue to provide the Special Magistrate services independently; and WHEREAS, the parties wish to formalize Garretson's assumption of rights and obligations under the Agreement,effective as of the date first above written. • NOW THEREFORE, IN CONSIDERATION of the mutual proms in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties,it is agreed as follows: 1. Garretson accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement,including all existing and future obligations to pay and perform under the Agreement. 2. The County agrees to waive the insurance requirements of the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Consultant shall be directed to: CONSULTANT: Brenda C. Garretson,Esq. 4915 Rattlesnake Hammock Rd., Suite 127 Naples,FL 34113 Telephone: (239)227-8151 E-mail:bkgarret®gmail.com 5. The County hereby consents to Garretson's assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Garretson as the Consultant for all purposes under the Agreement 1 r 16F 1 s • IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. All F ST; a ,; BOARD OF COUNTY COMMISSIONERS DWIC ' i i ) K,Clerk COLLIER COUNTY, FLORIDA By t--- �}t -~. ...,$ l� By A Aiimi. ,45` , . lerk om " aI , Attest asto urns �. sg�aa6re-o ;ren, . C.G. - •. Esq. k Approved •m . r m and legality: Aiil l � Jeffrey A. 4o w, k,ounty Attorney 2 C • . • ibFl Exhibit A AGREEMENT 13-6016 for Special Magistrate Services for Code Enforcement THIS AGREEMENT,made and entered into on this t 5.44 day of A42-1 2013,by and between The Garretson Law Firm,LLC, d/b/a Rhodes, Tucker&Garretson,authorized to do business in the State of Florida, whose business address is 800 North Collier Boulevard, Suite 203, Marco Island, FL, the "Consultant" and Collier County, a political subdivision of the State of Florida,(the"County"): WITNESSETH: 1. COMMENCEMENT. The Consultant shall commence the work upon contract execution, for a two (2) year period. The County, at its discretion, shall have the option to renew the contract after the initial term for one (1)additional two(2)year term. Such renewal shall be under the same terms and conditions, unless otherwise modified in writing by the parties. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect 2. STATEMENT OF WORK. The Consultant shall provide Special Magistrate services in accordance with the terms and conditions of RFP #13-6016 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the.County Project or Contract Manager or his designee,in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement at the hourly rate of$175.00 (One Hundred Seventy-five Dollars). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) Page 1 of 8 C;) • 16F1 months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Rhodes,Tucker&Garretson Attorneys at Law 800 North Collier Boulevard,Suite 203 Marco,Island,FL 34145 Tel: (239)394-5151;Fax: (239)394-5807 Brenda C. Garretson,Esq. Brenda@marcolawfirm.com All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail,East Naples,Florida 34112 • Attention: Purchasing&General Services Director Telephone: 239-252-8975 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shallbe procured and paid for by the Consultant. The Consultant shall also be solely responsible for Page 2 of 8 • 16F 1 payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules,regulations and laws of Collier County,.the State of Florida,or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever,County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the dateof termination.The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race,sex,color,creed or national origin. 11. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page 3 of 8 • • 16F C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all subConsultants/Consultants comply with the: same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 4 of 8 • • • 16F 1 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify,and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the mattes indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 14. CONFLICT OF INTEREST:Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect,which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal,Insurance Certificate, RFP#13-6016-Special Magistrate Services for Code Enforcement,and Scope of Services. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give,either directly or indirectly,any favor, gift,loan,fee,service or other item of value to any County employee,as set forth in Chapter 112,Part III,Florida Statutes,Collier County Ethics Ordinance No.2004-05,and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences:a.Prohibition by the individual,taut,and/or any employee of the firm from contact with County staff for a specified period of time;b.Prohibition by the individual and/or firm from doing business with the County for a specified period of time,including but not limited to:submitting bids,RFP,and/or quotes;and,c. immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Page 5of8 roDP • 40 16F1 . 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid,or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102,Fla.Stat 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL/CONTRACT STAFFING: The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The. Consultant shall assign as many people as necessary to complete the required services on a timely basis, and eachperson assigned shall be available .for an amount of time adequate to meet the required service delivery dates. Page 6 of 8 ! 16F 1 25. ORDER OF PRECEDENCE In the event of any conflit betweenamong the ng} and/terms or of any of the Contract Documents, the terms of the RequestProposal he Consultant's Proposal,the Contract Documents shall take precedence. In the event of any conflict between the terms of the RFP and the Consultant's Proposal, the language in the RFP would take precedence. 26. ASSIGNMENT:Consultant shall not assign this Agreement nes any otherwise transfer part thereof,without the prior consent in writing of the County. Any attemptassign this Agreement or any part herein, without the County's consent, shall be void. If Consultant does,with approval, assign this Agreement or any part thereof,it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. ****************************Remainder of page intentionally left blank*****"'«,"`'"`**',M**: Page 7 of 8 . _____ ________ _ • i 16F 1 IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA -1:4/41.«) B,y: Jo e Ma ciewicz, •'fie chasing and General Services Dir- : :1 _ The Garretson Law Firm, LLC, d/b/a Rhodes Tucker&Garretson, Attorneys at Law Consultant 1/4_,,iltua jjefer6 i First Witness Signature .k\S‘Cat dx ve..23Y4z C . V', rreSev^ tType/print witness net Type/print signature and title �(��- ' V\antSii Atracer itness C'ff Y(, 4 a4„,,,-)i t Type/print witness namet Approved as to form and legal sufficiency: I eta2 „n - Assistant C1.ounty A tt ornev Erni'yPe i'nrint Name Page 8 of 8 (CAo . 16F1 1 s s .,a -o'-JRCP. CERTIFICATE OF LIABILITY INSURANCE DATEi1e�DATTY, � 0471212013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOtDEM.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADOrONAL INSURED,the poiiry(les)must be endorsed. It SUBROGATION IS WAIVED,subject to the tents and conditions of the policy,certain policies may require an endorsement. A statement on this carilficide does not confer rights to the certffictta Abider In lieu of such endorsement(*). II AncetuO t Phone:239-437-5555 Atkinson&Assoc.InsuranceFades f ria1537 BrantleyRd,Bldg C rAJc.Ja,,tank sus:.so;r � FE 33507 l rsD Diggs A058462 Miss: PRmicER CUSTOMER0 t RHaDE-1 • Natae3gs/ArFONORU=VERA= MMCF INSURED TREGARRETSON LAW FIRM LLC ItntaentA:NATIONAL UNION FIRE INSURANCE 19445 DBA RHODES,TUCKER AND meatus a:COMPANY OF PITTSBURG,PA. GARRETSON 800 N.COWER BLVD.,SUTTE 203 NSURENC: I MARCO ISLAND,FL 34145 Neuem D: INSURER E! i NIMBLER r: I COVERAGES Cot,IriCATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BD OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREM&if.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NRili RESPECT'TO WHICH THIS CE, ICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCHES DESCRIBE:: HEREIN IS SUBJECT TO ALL THE Tom. EXCLUSIONS AND CONOTIIONS OF SUCH POLICIES.LASTS SHOWN MAY HAVE BERN REDUCED BY PAL CLAIMS: TYPE OF NOt1RMCE �_ rOL;C7 NURSES I(fDMY�Yt EFF I M�OCI UNITS I 1�fIHSAL LIAmury 1 I OCC(J i S r!COM L DERMAL.umtsry '!!!! I I I .S I J I CLAAtS.YAOE I I OCCUR I 1 I JAED UP(frys*J s u I. J P+-RSDNALalwINJURY : I GENERAL.AGGREGATE s I 1 I GTEn_,K AIELNAIT ww.Jlrs PER 5.............„AGE I$ l ABt,�.IJU*5IUTY 1 If seams LMR I s MJYAUTO I RIOLY SCUM'Par paMoa) J S ALL OWED AUToe I i I aODI.Y INXRY(PreeeNaepJ.S SCHEDULED I 1 issea AUTOS 11. 1 Is amieNO I4 S i i�l•OWI AUTre t I i t • . I i I3 uleite IA a 00INI - EACH OCC7N�E I S • 11A Limass LJA6 I CLAIRsksACIE I AGGREGAre - i S 1 i DEauC:ISLs i ? t S ri 1 ia£7<-rmcie s I i I I j s wawttaes CONPEIr3ATICer 1 •we sTAru I {I AME a toreae'LLLatfty [ Any imoPiiErc pARrreactecuuve(`J� i j_2.L EACHACS8ir !S . FA 7IG.lJL')F n "� I A {leashes.,In MS. I I I EL-OI EASE-EA EMPU EE S I II yes.deeoee vmr I DESCRIPTION OFOPJIATIONS below i I 1 I I.L.DIIEAsE•POLJCYLIATT 1$ A OFESSIONAL f r I 44902425 I-10(01120121 10101/2013 PER CLAIM 1,000,000 IL ABILITY ! FLAIMS-MADE FORM 1 1 !PER 2.000400 OOSSCRI3lIO OPENATIONS CriA (LOCA1SONS t VEHICLES(A1rH.ahACOA0 IAdeNo anal Ram *e Scrw: mU 11#10#1#)NW a as*pet CERTIFICATE HOLDER 9ANCELLATNON • I COLU01 I SHOULD ANY OF THE ABOVE OIC POUCMS BE r.ANCF1 Lsri SEFORE THE E�CPIRATION DATE THEREOF, N WI:.L BEDEJYERED N COWER COUNTY BOARD OF COUNTY ACCoRoANCE wrr r)E POLICY PRCIVMIONs, COMMISSIONERS 3327 TAMIAMI TRAIL EAST L'RM°' '" ATA16 NAPLES,FL 34112 .__,,j,„.4. ,„. k. XJ'*r 01955-2009 ACORD CORPORATION. AS rights remewd. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD • • 16F1 Montt: RHOTU ACORD,... CERTIFICATE OF LIABILITY INSURANCE • DATE INAIRILYYTYYI05/03/2013 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 8lSIIItER{S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:II the effline%Molder Ie an ADDITIONAL INSURED,the paNcy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,cartahtpoliciee may requite an endorsement A statement on this certificate does not corder Albin to the certificate holder In Neu of such endorse ment{s). Pmomhcae NWT Well Garcia Guifshare Insurance-Naples Et 239 261.3646 I i y.,rx 238 438.0688 4100 Goodletta Road North Aar I�ciaegunnsh urance.cam Naples,.FL 34103-3303 238 261-3648erelY�AEPOIIOeetitbVOMeE ' AMC* 239 Dominion insurance Company • ____c - i a,The Traveiers insurance Company Rhodes,Tucker&Garretson Attorneys PO Box 887 rcc- Marco Island,FL 34148 sae RLI: DIMMER E P: COVERAGES CERTIFICATE NUMBER: REVISION NIM THIS IS TO CERTIFY THAT THE POLIOS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICAT9. NCTWITHETANDING ANY REQUIREMENT.TERM OR CONN OF ANY CONTRACT OR OTS DOCUMENT WITH RESPECT TO WHi H'GM cEPTIFiCATE MAY SE ISSUED OR MAY PI THIN, THE INSURANCE AF-ORDIED BY THE POLICIES DESCRAGED HEREN IS SUBJECT TO ALL THE TERMS, MCCI..USIONS AND CONDITIONS ITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BYpPAI,CLAIMS. LTii{ TYPE OFemeRANCE PCLICYINI SWIM)I. L Ta% Lams A i GENERAL MOSSY I BPG4206F D5r15r2013 06118F2011 OCR tssj a:e 111000,000 r COMMERCIAL tiemRALLeehem ' I PRS iEsaaori nail 1x500,000 WARP/ACE rid OCCUR MED EN'WIrampiaad I;E.000 PamOiMLAPIN HNJIRY x1,000.000 GENERAL AGGREGATE s2,800,000 GerLait Teutin'APftie9 Mt I I PRODUCTS- /OPAOfi $2,000,000 IiPa. I 1a'L Fl too — I .ociesesm SINGLE Lear ANY AUTO ( SO NLY AWRY(Pe'mourn $ Au If'i SCHEDULED ff BODILY I� Y MJURY mdl�sn $ AUTOS IeI1�AUT05 _ _EVASION IS I S imtie�IA L1Ae U ac:cun f { I I EACHa $ was I ct_ a-mocE> f!I I AGGREGATE $ 11 RETENTIONS 1; 8 ppEMqpPLOY�](Cttl®4 YJ N'IrNIA ISI LAatirY WORKERS COMININSATION ' IIAt�0T9t�V27813 M5 3(05llSr l x I "ni s 1 I "I C.Y7Ca1ELL EActi sodden'' 1$500,000 IMANDRAorM ten I ! EL o eE-EA EMAAW EI x500.000 !11 cmPTIOA!OF OPERATIONS beim I I I P.I.,maEABE-POUCrLIMIT 1*500,000 f t II Oe3OUPTIOAOPOPERATIONS 1LOOKS= WI ICLAS MANNa ACORD SH,A Mamas acmreI..Emono apace bJsuIYet Re:134018 Special Mate Services CERTiFiCATE HOLDER - TION SHOUCollier County Board of County THE wt!INA DA i10TICE at OP THE AMORE ondataulo MUM i CANCELLED DELIVERED IN Commissioners Contractors Lte. ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tames Trail East Naples,FL 34112 - Amaan:,.ermee - C 1988.1010 ACORD CORPORATION.Al!Myna scented. ACORD 25 G281 OM) 1 of 1 The ACORD same and logo are resistered narks of ACORD —, - SS0487721M841526 AVE 'v` .7 • • • . 16F1 DeLeonDiana From: Nicole Rodriguez[nicole@marcoiawfirm.comj • Sent: Tuesday,May 07, 2013 8:52 AM To: DeLeonDiana Subject: 13-6016 Special Magistrate Services Attachments: SKM BT_C45213050616410.pdf Good Morning Diana, Attached are the two Certificates of Liability insurance for Brenda Garretson's contract#13-6016-Special Magistrate Services. The general liability insurance company stated they will not add Collier County as additional insured in regards to general liability because Collier County has no interest in the premises.We were also told that we cannot add auto liability as we do not have any company vehicles. Thank you. Nicole Rodriguez, Paralegal • Rhodes, Tucker& Garretson • The Esplanade • • 800 N. Collier Blvd., Suite 203 Marco Island, FL 34145 (239) 3945151 (239) 394-5807 Fax Nicoie@MarcoLawFirm.com • • • • • • • • 1 • CA® 16F 1 co County Administrative Services Department Procurement Services Division March 9, 2015 Ms. Brenda C. Garretson, Esq. 4915 Rattlesnake Hammock Rd., Suite 127 Naples, FL 34113 Email: bkgarret@gmail.com RE: Contract Renewal for#13-6016 "Special Magistrate Services for Code Enforcement" Dear Ms. Garretson: Collier County would like to renew the above agreement under the same terms and conditions for two (2) additional years in accordance with the renewal clause in the agreement. This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below: I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. I am not agreeable to renewal of this contract. By signature this contract will be in effect from May 15, 2015 until May 14, 2017. Please take a moment to review the Collier County Online Bidding System and refresh your business profile information. Log into the County's site at: http://bid.colliergov.net/bid/, select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. rZ.ti1 Procurement Services Division•3327 Tamiami Trail East•Naples,Florida 34112-4901•239-252-8407•www.colliergo net/proaxementserviceA0 16F I Page 2 of 2 RE: Contract Renewal for#13-6016 "Special Magistrate Services for Code Enforcement" Please return this letter to the Purchasing Department with your response,krAxocitgyptptet arki/MarN9QCOMMI2i at your earliest convenience. If you have any questions you may contact Lissett De La Rosa at 239-252-6020, email IissettdelarosaCa colliergov.net or FAX 239-252-6592 or 239-732-0844. Respectfully, (- 9-'1)9AA-D4 Jo Markiewi Division Director— Procurement Services Acceptance of Contract Renewal Name ef4erlitrarr re-nck,A . d►rr'e'lsor - Signature _«�) Print Corporate Officer Name Signature Date 5/1 fAS Updated Contact Information ter: (In order to make sure our contact information is current.) Contact Name ISreitie C. Ga son Telephone Number saes FAX Number Email Address �k�ar ret earail.cam Address 4 y t 5 lia{t(es r,akx Ka w*nlcc k Rd. -*I ai *61j L 3141a C: Marlene Serrano, Project Manager, Code Enforcement 16F I Exhibit " B " ORDINANCE NO.2016- 19 AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY ADDING A NEW SUB-SECTION TO SECTION SIXTEEN, PAYMENT OF INVOICES, WHICH ESTABLISHS A VENDOR PAYMENT DISPUTE RESOLUTION PROCESS IN ACCORDANCE WITH THE LOCAL GOVERNMENT PROMPT PAYMENT ACT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES,AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum value for the County by procuring the best value in obtaining commodities and contractual services;and WHEREAS,to better effectuate this desire, on December 10th, 2013,the Board adopted Ordinance No. 2013-69,known as the Collier County Purchasing Ordinance; and WHEREAS,the Board wishes to establish a vendor payment dispute resolution process in accordance with the Local Government Prompt Payment Act;and WHEREAS, in keeping with the above, the Board of County Commissioners wishes to amend this Ordinance as follows. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Section Sixteen of the Purchasing Ordinance, Payment of Invoices, is hereby amended as follows: A. Agencies under the purview of the Board of County Commissioners shall be in compliance with F.S. § 218.70, otherwise known as the "Local Government Prompt Payment Act." Pursuant to this,the requirements of this section shall apply to the following transactions: 1. The purchase of commodities and services; 2. The purchase or lease of personal property; 3. The lease of real property. B. The County Manager shall establish and maintain procedures that authorize minor payment variances between the purchase order and invoice where warranted. The authority to pay such variances shall not exceed 5%of the purchase order amount or$500,whichever is less. C. The County Manager shall establish and maintain a process that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order of less than$500. Words Underlined are added;Words Sisk Threug#are deleted. Page 1 of 44:11) 16F 1 D. It shall be the responsibility of the County Manager, in consultation with the Clerk's Finance Director and operating Divisions, to establish, procedures for the timely payment of all transactions as defined under subsection 16.A (subsection A of this section). Such procedures shall include,but are not limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. E. Each December,the Procurement Services Director and the Clerk of the Courts shall submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year. F. Prior to payment, the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose. G. Vendor Payment Dispute Resolution Process. The purpose of this section is to establish a procedure whereby payment disputes with vendors who provide goods and services to the County are resolved in a timely manner and in keeping with the Local Government Prompt Payment Act. 1 Definitions. The definitions set forth in the Local Government Prompt Payment Act (Section 218.72,Florida Statutes 2016)are hereby incorporated by reference. 2 If an improper payment request or invoice is submitted by a vendor,the County's shall, within 10 days after the improper payment request or invoice is received, notify the vendor, in writing, that the payment request or invoice is improper and indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper. 3 If the parties are unable to reach resolution on the payment dispute,the County Manager shall appoint a Hearing Examiner, to whom the matter will be referred to. The Hearing Examiner shall have the sole and full authority to thereafter resolve the dispute. The proceedings before the Hearing Examiner to resolve the dispute shall commence with 45 days after the date the payment request or improper invoice was received by the County and shall be concluded with final written decision by the Hearing Examiner within 60 days after the date the payment request or improper invoice was received by the County. These proceedings are not subject to Chapter 120,Florida Statutes,and do not constitute an administrative hearing. Rather, these proceedings are intended to be quasi-judicial., open to the public, with the written decision of the Hearing Examiner being final., subject only to certiorari review. If the dispute is resolved in favor of the County., interest charges shall begin to accrue 15 days after the Hearing Examiner's final Words Underlined are added;Words StflArc--Thrsugh are deleted. Page 2 of 4 CAO 16F 1 decision. If the dispute is resolved in favor of the Vendor,interest begins to accrue as of the original date the payment became due. 4 If the County does not timely commence this dispute resolution process within the time required, a contractor may give written notice to the County of the failure to timely commence this dispute resolution procedure. If the County fails to commence this dispute resolution procedure within four business days after such notice, any amounts resolved in the contractor's favor shall bear mandatory interest, as set forth in Chapter 218, Florida Statutes, from the date the payment request or invoice containing the disputed amounts was submitted to the County. If the dispute resolution procedure is not commenced within 4 business days after the notice,the objection to the payment request or invoice shall be deemed waived. The waiver of an objection pursuant to this paragraph does not relieve a contractor of its contractual obligations. 5 In an action to recover amounts due under this part,the court shall award court costs and reasonable attorney's fees, including fees incurred through appeal, to the prevailing party. 6 The conduct of the Hearing Examiner proceedings, including notice, process, and criteria, shall be set forth the Procurement Division's Policies and Procedures. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this I vol. day of June,2016. Words Underlined are added;Words Smsr-Mt:m*0 are deleted. Page 3 of 4 16F 1 ATTEST: ,. 'i'',-",-,.,,k BOARD OF COUNTY COMMISSIONERS DWIGKT. BROCK,-'clerk COLL R COUNTY, FLORIDA 161..„. it , -• zi : , „ A.,....t„ ,‘, „A„,i.24 A. ?----- By: .''1.{ pi, ty Clerk DONNA FIALA, CHAIRMAN Appr "fdrrn . is egality: ft? I Aiv —aro il lli I fa Ye III hilii is ..:—. Jeffrey!' . ' atzkow, County Attorney Th's -..s-dirintice filed with the Secretory of Stoi.;'s Office tj-le iflkdoy Df Crid acknowledgemer:Lai ..,-. .• fti,r1 ,..receiyed this ...)_.A____ o‘.../ of Jvnc .._._ 140 Dwah..C4ex Words Underlined are added;Words Struck Through are deleted. Page 4 of 4 (11) 16F I. ot:SttC Sj ift... t# A.WF i •F. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State I i I June 15, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon. BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2016-19, which was filed in this office on June 15. 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/Ib R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us dos.state.fl.us CAO .16F 1 Collier County Prompt Payment Procedure 1. Generally: Both the"Local Government Prompt Payment Act" (§218.70 et seq.,Fla. Stat.)and Ordinance No. 2016-16 are hereby incorporated into and are made apart ofthis procedure. There is hereby established a prompt payment procedure and a process for resolving payment disputes between vendors and Collier County government. The dispute resolution procedure shall be in furtherance of and in accordance with the Local Government Prompt Payment Act and the Collier County Purchasing Ordinance (Ord.No. 2013-69, as amended). The Collier County Manager shall be responsible for execution of the prompt payment procedure. 2. The Hearing Examiner: If an improper payment request or invoice is submitted by a vendor or contractor(collectively referred to as "vendor"), the County shall, within 10 days after the improper payment request or invoice is received, notify the vendor, in writing, that the payment request or invoice is improper and indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper. If the parties are unable to reach resolution on the payment dispute, the County Manager shall appoint the Special Magistrate as a Hearing Examiner,to whom the matter will be referred. Should the Special Magistrate be unable to serve, the County Manager shall appoint an unbiased individual who possesses, in the County Manager's sole opinion, the necessary credentials and background to so serve as a Hearing Examiner. The Hearing Examiner shall have the sole and full authority to thereafter resolve the dispute. The proceedings before the Hearing Examiner to resolve the dispute shall commence within 45 days after the date the payment request or improper invoice was received and shall be concluded with final written decision by the Hearing Examiner within 60 days after the date the payment request or improper invoice was received. These proceedings are not subject to Chapter 120, Florida Statutes and do not constitute an administrative hearing. Rather, these proceedings are intended to be quasi-judicial, open to the public, with the written decision of the Hearing Examiner being final, subject only to certiorari review. If the dispute is resolved in favor of the County, interest charges shall begin to accrue 15 days after the Hearing Examiner's final decision. If the dispute is resolved in favor of the vendor, interest begins to accrue as of the original date the payment became due. If the County does not commence this dispute resolution process within the time required, a vendor may give written notice to the County of the failure to timely commence this dispute resolution procedure. If the County fails to commence this dispute resolution procedure within four business days after such notice, any amounts resolved in the vendor's favor shall bear mandatory interest, as set forth in Chapter 218, Florida Statutes, from the date the payment request or invoice containing the disputed amounts was submitted to the County. If the dispute resolution procedure is not commenced within 4 business days after the notice, the objection to the payment request or invoice shall be deemed waived. The waiver of an objection pursuant to this paragraph does not relieve a vendor of its contractual obligations. 3. Conduct of the Hearing: The Hearing Examiner shall hold proceedings at a venue selected by the County Manager. The conduct of the hearing shall be substantially as follows: Page 1 16F 1 The hearing is informal. Only relevant evidence will be considered at the hearing. The Hearing Examiner will determine what is relevant. Before commencing, the court reporter should administer the oath to all those wishing to speak. If a speaker arrives at the hearing after the oath is given,the speaker must be sworn in before they can speak. The Hearing Examiner should endeavor not to take part in any ex-parte communications. To the extent that such communications were had, at the beginning of the hearing the Hearing Examiner must fully disclose all such communications including letters, e-mails, phone calls, and meetings. The subject matter of the communication and the identity of the person, groups or entity with whom the communication took place are all part of the disclosure. The Hearing Examiner must give any person who wishes to question the ex-parte disclosure the opportunity to ask questions. This right shall be waived by a failure to ask questions of the Hearing Examiner. The presentation ofthe hearing should be as follows: i. The vendor presents its case.Following the presentation,the County may question the vendor. ii. The County then presents its case. Following the presentation, the vendor may question the County. iii.The Hearing Examiner may ask questions at any time during the proceedings. iv. Interested members of the public may then speak. The Hearing Examiner should only give consideration to public testimony that is relevant to the issues being discussed. v. After the public has given testimony, in order, the vendor and the County should each have the opportunity to make a closing statement. vi. Upon conclusion of the closing statements, the Hearing Examiner should close the public hearing. vii. The Hearing Examiner has the discretion with respect to limiting the time for any given party or witness should the testimony become duplicative or immaterial and to issue any rulings to preserve order during the hearing. 4. The Decision: The Hearing Examiner shall announce a decision by a written final order. The Hearing Examiner shall make all reasonable efforts to render a decision within five (5)business days of the hearing date. The text of the final order shall find facts and make conclusions, which conclusions shall be deductible from the facts as found by the Hearing Examiner. The findings of fact shall be stated in non-argumentative and neutral terms and be divided into short, separately numbered, declarative paragraphs or sentences each of which contains only one (1) feature or point. At the Hearing Examiner's discretion, proposed findings of fact and conclusions may be submitted by the County and the vendor. The final order shall be considered rendered and final upon its execution by the Hearing Examiner and delivery of the decision to the County Manager,who shall promptly distribute the decision to the parties. The final decision of the Hearing Examiner may include recommendations for process or contract improvements,if applicable. Page 2 CAO 16F 1 In reaching the decision, the Hearing Examiner must review, where applicable, the underlying Agreement, Purchase Order, Work Order, Solicitation, and other relevant documents, to determine whether the payment of the invoice, in whole or in part, is proper. In addition, in determining whether an invoice should be paid,the Hearing Examiner should consider the following: a. The invoice should set forth the County purchase order number under which the purchase was made;and b. The invoice should set forth the name of the business organization that is recited in the county purchase order;and c. The invoice should set forth the date of its preparation; and d. The invoice should set forth an identifying number to facilitate identification of the invoice, including any revisions(indicated by original invoice number appended by'R"for"revised");and e. The invoice should set forth a description of the goods, services or property provided to the county which may include apart or item number; and f. The invoice should set forth the location and date of delivery of the goods, services or property to the county,;and g. The invoice should set forth the quantity of the goods or services or property provided to the county,if applicable;and h. The invoice should set forth the unit price of the goods or services or property provided to the county,if applicable;and i. The invoice should set forth the extended total price of the goods or services or property provided to the county;and j. The invoice may set forth applicable discounts and the time period to which they are available if payment is made within the terms. The County Manager shall provide such clerical and administrative personnel and legal services as may be reasonably required by the Hearing Examiner for the proper performance of its duties, including but not limited to the services currently utilized by the Collier County Hearing Examiner(Ord. No. 2013-25). As the Board's invoice payment agent, the Clerk's Finance Department is encouraged to participate and support the Hearing Examiner. Page 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 166F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office $ 'TAO Z).0, 4. BCC Office Board of County 1.0 q \‘%., Commissioners ‘‘ '"Z* CkV.2\ L 5. Minutes and Records Clerk of Court's Office a1(34 ((10(41, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Christopher Scott Phone Number 239.252.2460 Contact/ Department Planning Manager, Development Review Agenda Date Item was 9/13/2016 'ham-cc. Agenda Item Number 1 k iS\V' - s6... Approved by the BCC 3Ve _ —\ ` `c..LVer(1 Type of Document Early Construction Performance Agreement Number of Original 1 Attached Documents Attached PO number or account number if document isC�. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be COS signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the COS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's COS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/13/2016 and all changes COLS made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. _ 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for tr Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6F 1 MEMORANDUM DATE: September 15, 2016 TO: Christopher Scott, Manager - Planning Development Review FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Early Construction Performance Agreement Naples Acura Attached for your records are the originals of each agreement referenced above, (Items #16F1) approved by the Board of County Commissioners on September 13, 2016. The original has been kept by the Minutes & Records Department as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. 16F 1 EARLY CONSTRUCTION PERFORMANCE AGREEMENT THIS EARLY CONSTRUCTION PERFORMANCE AGREEMENT entered into this day of rrv{ ,, t , 2016 between 0/ 3�,�t ,x hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for a Site Development Plan Amendment, Petition No. ate Xi 7 , (the "Site Plan"); and WHEREAS, Developer has also applied for an early construction authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01.02.0 (collectively, the "Early Construction Regulations"); and WHEREAS, the Early Construction Regulations require the Developer to post appropriate performance guarantees to ensure compliance with the Early Construction Regulations and Early Construction Authorization Permit No.n2.43n4>il✓ci022W? (the "Early Construction Permit"). NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer agrees to comply with the Early Construction Regulations and the Early Construction Permit (the "Early Work"). 2. Developer herewith tenders its early construction performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ !r coo,ei,:' . 3. In the event of default by the Developer, Collier County may call upon the early construction performance security to insure removal of the Early Work. For purposes of this Agreement, an event of default shall mean one of the following: 1) denial of the Site Plan by the County, or 2) failure of the Developer to receive Site Plan final approval prior to the expiration of the Early Construction Permit. 4. The Developer shall, within 30 days of notice of default, remove any improvements permitted by the Early Construction Permit. 4. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the early construction performance security to secure satisfactory removal of the Early Work. The Board shall have the right to remove, or cause to be removed, pursuant to public advertisement and receipt and acceptance of bids, the Early Work. The Developer, as principal under the early performance security, shall be liable to pay and to indemnify the Board, upon completion of such removal, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. [15-LDS-01664/1182534/1] 5 1 of 2 16F 1 5. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of be executed this 2" day of • , 20 SIGNED IN THE PRESENC OF: (Nam=�• - By: ,A�, ar '� SikeTj‘k - f sir Tinted Name/Title Printed name (President, VP, or CEO) /C/de4s,bYidi Provide Proper Evidence of Authority) Printed name , shfty .,�e, ATTEST: •ARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLI R'COUNTY, FLORIDA By: , Deputy Clerk By: prove as to form and legality gonna F qIQ j Orse4: rrtea✓N [Assistant County Attorney ATTEST: f)W iGHTE: K,C RK Approved in absentia per Resolution ihria No.2000-149 on Augu 23,2016 4/0 Deputy Cie& By: Oa) 11W' Leo E.Ochs,Jr., n anager Attest as to Chairman' signature only. 2 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER a \'' 11-24 CHECK#• 10628 acuaa ` 1210 I 659 Airport Pulling Rd v 10628 Naples, FL • ''� PAY **FIVE THOUSAND DOLLARS AND 00/100* ' \ DATE AMOUNT 08/22/ • $5,000.00 TO THE COLLIER COUNTY BOCC 3299 TtOMci:I:LEAST SUITE NAPLE flir4 HP WELLS FARGO BANK,N.A. = n1' 420 MONTGOMERY ST.,SAN FRANCISCO,CA 94104 THORIZED SIGNATURE an= 1.111111111111, NAME NUMBER DATE COLLIER COUNTY, BOCC 21776 08/22/16 CREATED BY: 2SOVKOD BOND FEE FOR EARLY CONSTRUCTION AUTHORIZATION ACCT# AMOUNT CTRL# 275A 5000.00 21776 N O a O N N O ti U U U REMITTANCE ADVICE - CHECK NO. NET DETACH AND RETAIN ,a aples Acura 10628 AMOUNT $5,000.00 659 Airport Pulling Rd Naples, FL Exhibit A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16F I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 8/23/16 4. County Manager's Office County Manager's Office 1-c by\A44/ INLA %- BCC Office Board of County —t>F Commissioners VII / RVIA‘te 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Scott Teach,Deputy County Manager 252-8400 Contact/Department Agenda Date Item was 8/23/16 Absentia Agenda Item Number Item \2.—A Approved by the BCC 9/13/16 Regular Item 16-F-1 Type of Document Amendment to Agreement Number of Original reach Attached Baker,Donelson,et al Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved in Absentia on 8/23/16 and by the BCC 9/13/16 and all SRT changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ,..,31111111111. BCC,all changes directed by the BCC have been made,and the document is ready for . Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis-I '. • ised 11/30/12 16F MEMORANDUM Date: September 15, 2016 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment to Agreement for Legal Services Attached is a scanned copy of the agreement referenced above, (Item #16F1 — 12A) approved by the Board of County Commissioners on Tuesday, September 13, 2016. The original agreement has been kept by the Minutes and Records Department as part of the Board's Official Record. If I can be of any further assistance, please feel to call me at 252-7240. Thank you. Attachment 16F I AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THIS AMENDMENT TO AGREEMENT FOR LEGAL SERVICES to Retention Agreement is entered into on the below date by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., (hereinafter referred to as "Counsel"). WITNESSETH WHEREAS, on January 28, 2014, the County and Counsel entered into an Assumption Agreement (the "Agreement") wherein the County agreed to retain Counsel to provide professional specialized legal services; and WHEREAS, the professional services to be rendered as specified in numbered paragraph one (1)of the Agreement is for a two (2)year term with three (3) additional renewal terms of one year per each term; and WHEREAS, the current renewal term of the Agreement, is scheduled to terminate on September 1, 2016;and WHEREAS, the parties wish to amend the Agreement to extend the term of service for providing these specialized legal services for an additional two (2) years, with similar renewal terms, and an effective commencement date of September 1, 2016; and WHEREAS, Exhibit "A" to the Agreement outlines the fees to be charged for professional services to be rendered during the term of this Amendment. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree to amend the Agreement as follows: I. Article 3 entitled Term and Time of Performance is amended as follows: ARTICLE 3 TERM AND TIME OF PERFORMANCE 1.1 The term of this Agreement shall be extended for a period of two (2) years to begin September 1, 2011 2016 and to end on September 1,2016 2018, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for three (3) additional terms of one (1) year each. (In the event the term of this Agreement 16F i extends beyond a single fiscal year of the County, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) The rates set forth in Exhibit "A" shall remain in effect without change for a minimum of two (2) years from the effective date of this Agreement. In any subsequent years of the Agreement, upon the request of Baker Donelson, the County Attorney is authorized to negotiate to increase the hourly rate up to a maximum of ten (10) percent. In the negotiation process, Baker Donelson must substantiate the reason the request is being made (i.e. market conditions, increase in CPI, etc.). II. Exhibit"A"is amended as follows: EXHIBIT A For professional services rendered, Baker Donelson's fee shall be based on the following hourly rate: Attorney Billing Rate Ernest B. Abbott $40000 460.00 per hour Other Attorneys $250.0 300.00 per hour Paralegal/Legal Assistant $-1-3000160.00 per hour Baker Donelson's fee shall not exceed $100,000.00 per new matter assigned without the approval of the Board of County Commissioners. Any expenditure beyond the initial $100,000.00 approval by the Board of County Commissioners must have Board approval prior to work being performed. (Where appropriate a"not to exceed" sum shall be agreed to when each assignment is made to Baker Donelson.) In the event that Baker Donelson is required or requested to perform any additional or extraordinary services not herein contemplated, Baker Donelson shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance by County in its sole discretion. 2 0 16F �. Baker Donelson shall provide, at no cost to County, the annual response to County's auditors regarding pending or threatened litigation. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Baker Donelson shall provide said response within 30 days of receipt of the request. Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. 3 0 16F i Except as modified by this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement,the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on this 23rd day of August, 2016, with the intention to attach this Amendment to the original Agreement. Z01ATTEST:a � ', :' '� ;� BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCI(,,Clerk COLLIECOUNTY, FLORIDA 11 ,., By: Attest as to Chairman's erk eputy erk Donna Fiala, Chairman signature only. Approved as to form and legality: Approved in absentia per Resolution No. 2000�-14`9 on August 23, 2016 .t.�, By: '�'� _Am� Scott R. Teach Leo E. Ochs, Jr., Coun , ager Deputy County Attorney L. 4 o 16F1 BAKER,DONELSON,BEARMAN,CALDWELL &BERKOWITZ,P.C._. .• / U , 01 By: _ v Its: ,-I •^,1 1 STA-TEOF L'41 I n 4 CO OF bi`Si t i r COI 00v1\010..� The foregoing Detention A eemen was acknowledged befo me this/0 i")day of y Uh4- ,2016,bytI.fQ5-E- IA0a4-� as as (i'c�vi\54 of Baker,Donelson, aA,Caldwell&Berkowitz,P.C.,on behalf of . He/she is sonal1yJcnown to me�r produced4as identification. 4:1' 0 \4 Lv.QA Signature of No • , public ! Name of Notary Public typed,printed or My Commission Expires: r ..... d tib;'• .. ,:s A4O r,r3� BOBBIE J.SCHWIER NOTARY RAW DISTRICT OF COMM IV commtsolonExpkKOctober 14,2020 5