Backup Documents 05/09/2017 Item #16A8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP '
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 05/16/17
4. BCC Office Board of County t
Commissioners �� `���1�
5. Minutes and Records Clerk of Court's Office l(o I ii 3;Lfopin
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is neede in the event one of the
addressees above,may need to contact staff for additi or miss information.
Name of Primary Staff Mike Ossorio t q- .r `Contact Information 239-252 5706
Contact/ Department
Agenda Date Item was May 9,2017 Agenda Item Number 16A8 V
Approved by the BCC
Type of Document Amendment# 1 to Agreement# 13-6016 Number of Original 2
Attached for Special Magistrate Services for Code Documents Attached
Enforcement with Brenda C.
Garretson to extend the term for one additional
year.
PO number or account —, k, 5<v.\cr\l,s'\\ o—
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 N/A
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 05/09/2017 and all changes made during SRT
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 the
Chairman's signature.
ecASe.:�v,ov A5k-' c� v� ��G� �v �c kd \..ts
6 A8
MEMORANDUM
Date: May 17, 2017
To: Mike Ossorio, Division Director
Code Enforcement
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to Contract #13-6016 for Special Magistrate Services for
Code Enforcement
Attached is an original of the document referenced above, (Item #16A8) approved by the
Board of County Commissioners on Tuesday, May 9, 2017.
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 252-8411.
Thank you.
Attachment
MEMORANDUM
16 A8
Date: May 17, 2017
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to Contract #13-6016 for Special Magistrate Services for
Code Enforcement
Attached is a copy of the document referenced above, (Item #16A8) approved by the Board
of County Commissioners on Tuesday, May 9, 2017.
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 anyfurther assistance, please feel to call me at 252-8411.
Thank you.
Attachment
1 6 A 8
MEMORANDUM
Date: May 17, 2017
To: Barbara Lance,
Procurement Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to Contract #13-6016 "Special Magistrate
Services for Code Enforcement"
Contractor: Brenda C. Garretson
Attached for your records is a copy of the referenced contract above,
(Item #16A8) adopted by the Board of County Commissioners on Tuesday,
May 9, 2017.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
AMENDMENT NUMBER 1 TO AGREEMENT# 13-6016 FOR 1 6 A 8
SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT
This Amendment # 1 to Agreement # 13-6016 for Special Magistrate Services for Code
Enforcement (the "Amendment") effective as of the 9`h day of May, 2017, (the "Effective Date"), is
entered into by and between Brenda C. Garretson ("Garretson") and Collier County, Florida, a political
subdivision of the State of Florida("County").
WITNESSETH:
WHEREAS, on May 15, 2013,. the County entered into Agreement # 13-6016 for Special
Magistrate Services for Code Enforcement with Garretson(the"Agreement"); and
WHEREAS, on September 13, 2016, the Parties entered into an Addendum to Agreement# 13-
6016 with Brenda C. Garretson for Special Magistrate Services for Code Enforcement, to include
providing additional hearing services under the Collier County Prompt Payment Procedure adopted in
Ordinance No. 2016-19 (Copy of Agreement # 13-6016, long with a Board approved Assumption
Agreement,and the Addendum are attached hereto as Exhibit"A"); and
WHEREAS, the Agreement wits previously renewed and extended once for a two-year period
and is scheduled to terminate on May 15,2017;and
WHEREAS, the Parties wish to amend the Agreement to extend the term for another one-year
period; and
WHEREAS, tlk Parties further wish to amend the Agreement to increase the hourly rate of
• compensation for services from $175.00 per hour to $200.00 per hour, noting that the Special Magistrate
has been providing services at the lower rate, without any previous request for an increase, since she
entered into an earlier agreement with the County on March 10,2009.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the
Parties agree to amend the Amended the Agreement as follows:
Words Stmek4lgh are deleted; Words Underlined are added
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Page 1 of 2
16A8
1
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1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on the date
of award by the Board of County Commissioners, and terminating two (2) years from that date.
The County, at its discretion, shall have the option to renew this contract after the initial term for
one (1) additional two (2) year term and, thereafter, for one additional one (1) year term. Such
renewal shall be under the same terms and conditions. Any modifications to this Agreement shall
be mutually agreed upon in writing by the Consultant and the County Project Manager or his
designee, in compliance with the County Purchasing Policy and Administrative Procedures in
effect at the time such services are authorized.
***
3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement
the aggregate of the units actually furnished at the hourly rate of$-1-7-5:-00
€ive--Bella $200.00 (Two Hundred Dollars , _ ' _• _ . _ 33
.. , _ :': : . Payments shall be made to the Consultant when requested as work
progresses, but no more frequently than once per month. Payment will be made upon receipt of a
proper invoice and in compliance with Chapter 218, Florida Statutes, otherwise known as the
"Local Government Prompt Payment Act."
All other terms and conditions of the Agreement shall remain in force.
IN WITNESS,WHEREOF,the parties have caused this Agreement to be duly executed as of the above
Effective Date.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk of Courts COLLIER ' , FLORIDA
: I c C,� By:
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Attest as•toQhairman's Penny Tayl r Chairman
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(SEAL 'attire o lly.
S"ECIAL M GIST. ATE
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Approved as to Form and Legality: By: IP\ a ..14AL
.ti,,L) V)
rendaC. Gain, Esq.
‘1` if(... )44-/-------
Scott R. Teach,
Deputy County Attorney
Page 2 of 2
EXHIBIT "A" 6F I
AGREEMENT13-6016
6 A8
for
Special Magistrate Services for Code Enforcement
THIS AGREEMENT, made and entered into on this day of 2013, by
and between The Garretson Law Firm, LLC, d/b/a Rhodes, Tucker Sr 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"):
WITNESSETR:
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 Counts' 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 S175.00 (One liundred Seventy-five Dollars). Payment
will he made upon receipt of a proper invoice and upon approval by the Project
Manager or his designee, and in compliance with Chapter 218, Ha. 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 iipproval of invoices submitted on the date of services or within six (6)
Page I taf8
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16A816F 1
months after completion of contract. Any untimely submission of invoices beyond
the specified deadline period is subtect to non-payment undi.r the legal doctrine of
lathe as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this agreement.
4. SALES 'FAX. Consultant shall pay all sales, colisumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work,
a. NOTICES. Ali notices from the County to the Consultant shall be deemed d served
if mailed or faxed to the Consultant at the following Address:
Rhodes, Tucker & Clarre:tson
Attorneys at Law
800 North Collier Boulevard,Suite 203
Marco, Island, Fl,.3414.3
Tel: (239) 394-5151; Fax: (239)394-3807
Brenda C. (Jarretson, Lsq.
Lrenciat?marcolawtirm,cotn
All Notices from the Consultant to the County sh.all be deemed duly- served if mailed or
taxe I to the County to:
Collier County Government Center
Purchasing Department
332 'f arniami Trail, Ei.st
Naples, .Florida 34112
Attention: Purchasing & General S..rvices [::Director
Telephone: 239-232-875
Facsimilile: 239-252-6480
The (:`onsultanf and the County may change the above mailing address at any time
upon giving the other part\' written notification. Ail notices under this Agreement must
be in writing.
6. N() 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.
. PERMITS: LICENSES: TAXES. In compliance with Section 218,80, F.S., all hermits
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
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pavme'nt of any and all taxes levied on the Consultant. in addition, the Consultant shall
comply with all rules, reculaticnas and laws of Collier County, the State of Florida, or the
(2,, S. Government now in force or hereafter adopted. The Consultant agrees to comply
with all laws governing the responsibility of an ern 'lover %vith resaert to persons
emplo`,end b,, the Consultant,
S. NCS IMPROPER USE. l'he 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 tor any purpose in violation of any Cede tal, state, (oun.ttt or municipal
ordinance, rule, order or regulation, or of any got ernmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or it 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 ()-1)
'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 Inas been corrected to the
satisfaction of the County.
Vii, I:E ti it.N T I.N. 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 (10) clay 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 c:rr 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 rtace. sex, color, creed or national origin.
11. INSURANCE.. 'ihe Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per (.)courrence, $1,000001) 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 ha ,e, minimum limits of 5500,000 Per
Occurrence, Combined Single Limit fm Bodily lrajut' t.;iabilit, and Property Damage,
Liability., This shall include: Owned \'ehicles, lured and Zan-C caned Vehicles and
Employee Non-Ownership. n( f�'.
t'age? or 3 �.1�" '� #3)
1 6 A '
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C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage miust include .Employers' Liability with a minimum limit of $00,00() for
each accident.
D, Professional Liability: Shall be maintained bv the Consultant to ensure its legal
liability for claims arising out of the performance of professional services under this
} rec!ment. Consultant waives its right of recovery against County as to any churns
under this insurance;. Such insurance shall have limits of not less than S1,000,000 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 C:omprehcnsir-t. General Liability
P01ir;-.
Current, valid. insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of :his Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (1(1) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (1.0) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty-
four (4) 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 et this requirement to provide notice,
Consultant shall ensure that all subConsultiants/Consult rats 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 indemnity and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
liimited to, reasonable attorneys' fees and paralegals' fees, whether resulting from ann
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic less, 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.
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81
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 an 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.
11. CONTRACT ADMINISTRATIQN.Jhis Agreement shall be administered on behalf of
the County 1w 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, 'I:his Contract consists of the following
component parts, all of which are as fully a part of the contract. as if herein set out
verbatim: Consultants Proposal, Insurance Certificate, RIP 413-6016-Special Magistrate
Services for Code Enforcement, and Scope 0.1 Services.
16. SUBJECT TO APPROPRIATION, It is further understood and ,itgreed by and between
the parties herititi that this agreement is SU biect 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, ariv favor, gilt, loan, fee, service or other
item of value to any County employee, as set forth ill Chapter 112, Part 111, Florida
Statutes, CollierCounty Ethics Ordinance NO, 2004415, 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 tirrn for cause.
18. IMMIGRATION LAW,..,COMPI.JANCE, by executing and entering into this agreement,
the Consultant is formally acknowledging without exception or stipulation that it is fully
responsible for complvirn.,,. with the provisions of the Immigration Reform and Control
Act of 1986 as located at 6 U.S.C, 131,1, 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.
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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/SERV ICES. Additional items and/or services may he added to
this contract in compliance with the Purchasing Policy.
22. DISPuTti RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Ag cement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. Me negotiation shall be
attended by representatives of Consultant with full decision-making authority and by
Countv's staff person who would make the presentation of any settlement reached
during negotiations to County tor 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 b), the State of Florida. The mediation
shall be attended by representatives of Consultant with full de4.7ision-making authority
and by County's staff person who would make the presentation ot any settlement
reached at mediation to Countv's board for approval. Should either party fail to submit
to mediation aS required hereunder, the other party mean obtain a court order requiring
mediation under section 44.102, Ha. 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 il I such matters.
24. KEY PERSONNEL/CONTRACT STAFFJNG: the Consultant's personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. 'flie.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 C:onsultant shall assign as many people as necessary to complete the
required services on a timely basis, and each person assigned shall be available tor an
amount of time adequate to meet the required seryce delivery dates.
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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 (RH) 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
RIP 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. It
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****ie►**t '
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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 C r. COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Joanne Markiewicz, Iitterit t Purchasing and
General ral Services DirCli6c
The C:;arretson Law Firm, LLC, d/b/a Rhodes
Tucker & Carretson, Attorneys at Law
Consul tai
First Witness Signature
try ype,'print witness tlatktt i. Type/print signature and title:
11
Sect Ind \' ritne ss
I vpe,/print ‘vitness nattier'
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
PaWiiot $
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• COMMISSIONERS
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1111
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of Jta..v, (0 ,2014,by
and between Brenda C. Garretson ("Garretsort"), 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 Finn, LLC d/bla Rhodes, Tucker& Garretson(attached hereto as Exhibit A,and
hereinafter referred to as the "Agreement"), at which time Garretson was the fircn'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 dibla 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 Crarretson's assumption of rights and
obligations under the Agreement,effective as of the date first above written.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties,it is agreed as follows:
1. Garretson accepts and assumes all rights, duties, benefits, and obligations of the
Consultant under the Agreement, including all existing and future obligations to pay and perform
under the Agreement.
2. The County agrees to waive the insurance requirements of the Agreement,
3. Except as expressly stated, no further supplements to, or modifications: of, the
Agreement are contemplated by the parties.
4. Notice required under the Agreement to be sent to Consultant shall be directed to:
CONSULTANT:
Brenda C. Garretson,Esq.
4915 Rattlesnake Hammock Rd., Suite 127
Naples,FL 34113
Telephone: (239)227-8151
E-mail:bkgarret@gnail.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.
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IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
ATTEST:, G r BOARD OF COUNTY COMMISSIONERS
DWIGt E.•BJ)QK:, Clerk COLLIER COUNTY, FLORIDA
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signaled°MY'
ren C.Garr-- ,Esq.
Approved • ;^ and legality.
Jeffrey A. KL . +w, t ounty Attorney
2 Cies(
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ADDENDUM TO AGREEMENT 13-6016
WITH BRENDA C. GARRETSON
FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT
THIS ADDENDUM TO AGREEMENT 13-6016 ("Addendum") is entered into this
Yakkr.‘ • day of"ic,e3.,--1 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, dlb/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 ttie 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.
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