Agenda 06/10/2014 Item #16E 9 6/10/2014 16.E.9.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Assumption
Agreement from the Garretson Law Firm, LLC d/b/a Rhodes, Tucker & Garretson
to Brenda C. Garretson, as it relates to Contract #13-6016 for Special Magistrate
Services for Code Enforcement
OBJECTIVE: To assign the agreement from the original party, the Garretson Law Firm, LLC
d/b/a Rhodes, Tucker&Garretson ("Rhodes Tucker"), to Brenda C. Garretson ("Garretson") and
authorize the payment of invoices retroactive to the date of separation, as it relates to Contract
#13-6016 for Special Magistrate Services for Code Enforcement.
CONSIDERATIONS: The proposed Assumption Agreement assigns Contract #13-6016
"Special Magistrate Services for Code Enforcement" dated May 15, 2013, from Rhodes Tucker
to Garretson. The Code Enforcement Department utilizes the services provided under Contract
#13-6016.
Garretson separated from Rhodes Tucker in August 2013 and is retired from the active practice
of law. Purchasing staff was notified on March 21, 2014 of the separation and subsequently
received a letter dated May 16, 2014 explaining the reason for the separation and a request to
waive the contract's insurance requirements. Following the Procurement Administration
Procedures, staff has acquired the necessary documents from Garretson which have been
reviewed and approved by the County Attorney's staff. The request for waiver of the insurance
requirements of Contract #13-6016 has been reviewed and waived by the Risk Management
Department. Code Enforcement Department is requesting authorization for the payment of
invoices retroactive to the date of separation. The Purchasing Department is recommending
approval of the assumption of Contract#13-6016 by Garretson.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved
as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairman to execute an Assumption Agreement from the original party the Garretson Law Firm,
LLC d/b/a Rhodes, Tucker & Garretson to Brenda C. Garretson, as it relates to Contract #13-
6016 for Special Magistrate Services for Code Enforcement and the payment of invoices
retroactive to the date of separation.
PREPARED BY: Diana De Leon, CPPB, Contracts Technician, Purchasing Department
Attachments: Exhibit A-Contract#13-6016
Notification Letter
Proposed Assumption Agreement
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6/10/2014 16.E.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.9.
Item Summary: Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from the Garretson Law Firm, LLC d/b/a Rhodes,Tucker & Garretson to
Brenda C. Garretson, as it relates to Contract#13-6016 for Special Magistrate Services for Code
Enforcement.
Meeting Date: 6/10/2014
Prepared By
Name: DeLeonDiana
Title: Contracts Technician,Purchasing&General Services
5/27/2014 4:52:10 PM
Submitted by
Title: Contracts Technician,Purchasing&General Services
Name: DeLeonDiana
5/27/2014 4:52:11 PM
Approved By
Name: DeLeonDiana
Title: Contracts Technician,Purchasing&General Services
Date: 5/28/2014 8:19:58 AM
Name: WardKelsey
Title: Manager-Procurement, Purchasing&General Services
Date: 5/28/2014 12:03:25 PM
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services,Purchasing&General Services
Date: 5/28/2014 1:43:27 PM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 5/29/2014 11:02:05 AM
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6/10/2014 16.E.9.
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/29/2014 3:38:03 PM
Name: PriceLen
Title: Administrator-Administrative Services,Administrative Services Division
Date: 5/29/2014 3:49:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/30/2014 8:56:25 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/30/2014 12:29:36 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/1/2014 4:01:57 PM
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AGREEMENT 13-6016
for
Special Magistrate Services for Code Enforcement
THIS AGREEMENT, made and entered into on this 1544` day of t 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)
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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
J
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
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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 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.
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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 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 ranyone 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.
J
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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 Refolln 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.
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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/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.
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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 (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*****************************
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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 OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: b4, ,.L-&I ,644Al2.4b404,
Joaplie Mar`kiewicz, e urchasing and
General Services DirC
The Garretson Law Firm, LLC, d/b/a Rhodes
Tucker &Garretson, Attorneys at Law
Consultant
( Bye
First Witness Signature
\ .)s\C__CAe, \ZCCS.N(%Ut 1.-Pf-e4/4a, C . ebyrirstry,
1'Type/print witness nameT Type/print signature and title
V\irtivi tit\ev`I'ljte
�econ Witness
1Type/print witness namel'
Approved as to form and
legal sufficiency:
Assistant Bounty Attorney
Print Name
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Chen!#:17056 RHOTU
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYTY)
05/0312013
'1 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
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IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the poUcy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
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PRODUCER j CiaisVC7 isell Garcia
Guirsilore Insurance-Naples %xOONN.qtr.239 261-3646 ;(NBC Net 239 435-0598
410)Goodiette Road North itilAIL , igarcla @gulfshoreinsurance.com
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239 261-3646 nasuRERA:Old Dominion Insurance Company
INSURED i nasuRERB:The Travelers insurance Company
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CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL.THE TERMS,
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOG
Collier County Board of County THE EXPIRATION DATE THc..REOF, NOTICE WILL BE DELIVERED Bt
Commissioners Contractors LID. ACCORDANCE WITH THE POLICY PROVISIONS.
327 Tamiaml Trail East
Naples,FL 34112 AUTHORIZED/R6EPRRESENTATIVE
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THIS CERTIFICATE IS ISSUED AS A MA I I tit 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(ies)must be endorsed, If SUBROGATION IS WAIVED,subject to
the terms end conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
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1537 Brantley Rd,Bldg C Fax:239-689-3826 IA1C,No.auk 1 iuc.Noy:
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CERTIFICATE HOLDER CANCELLATION
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Packet Page-1808-
6/10/2014 16.E.9.
DeLeonDiana
From: Nicoie Rodriguez[nicoie @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#t 13-6016 -Special Magistrate
Services.
The general liability insurance company stated they will not add Collier County as additional insured in regards to
general liability because Collier County has no interest in the premises. We were also told that we cannot add auto
liability as we do not have any company vehicles.
Thank you.
Nicole Rodriguez, Paralegal
Rhodes, Tucker & Garretson
The Esplanade
800 N. Collier Blvd., Suite 203
Marco Island, FL 34145
(239) 394-5151
n(239) 394-5807 Fax
vioole @MarcoLawFirm.com
Packet Page-1809-
6/10/2014 16.E.9.
BRENDA C. GARRETSON. ESQ.
*Code Enforcement Special Magistrate
* Florida Supreme Court Certified Mediator
Appellate,Circuit Civil,Family 81.County
*Arbitrator
May 16,2014
Diana.DeLeon,CPPB
Contract Technician
Collier County BCC,Purchasing Dept.
3327 E. Tamiami Trail
Naples,Florida 34112
RE: Special Magistrate Contract
Dear Ms.DeLeon:
This is to advise that while I continue as an attorney and a member in good standing of
the Florida Bar, I am now retired from the active practice of law and consequently I am no
longer associated with any law firm, including The Garretson Law Firm, LLC d/b/a Rhodes,
Tucker & Garretson. As your records will reflect, I have personally served as the Special
Magistrate since the inception of the position. To accurately reflect my current status, I am
requesting that my individual name be substituted for the firm's name in the contract. There
will be no change in the quality, of the services and no effect, fiscal or otherwise,on the County
whatsoever.
Additionally, I am requesting that the provisions requiring that I provide proof of
insurance be deleted. Based on my unique position as Special Magistrate,I will not be providing
legal advice so malpractice insurance is unnecessary, I do not have a county vehicle nor do I
drive my personal vehicle for county purposes so liability insurance is unnecessary and the
decisions I render are quasi-judicial so when acting in my position as Special Magistrate,I have
governmental immunity from litigation regarding my decisions. I can think of no instances in
which insurance coverage would be necessary.
491s Rattlesnake Hammock Rd.#rz7 bkgarret @gmail.com
Naples,FL34n3 (139)227-8251
Packet Page-1810-
6/10/2014 16.E.9.
2)
To summarize,I am requesting that my contract with the County for provision of services
by me as Special Magistrate be changed in the following manner:
1. Change the name of the vendor from The Garretson Law Firm LLC d/b/a Rhodes,
Tucker&Garretson to Brenda C. Garretson, and
2. Delete the provisions in the contract requiring proof insurance of any type.
Thank you so much for your assistance in this matter. Please contact me if you require
anything further.
Sincerely yours,
Brenda C. Garretson,Esq.
Code Enforcement Special Magistrate
4915 Rattlesnake Hammock Road,#127
Naples,Florida 34113
Packet Page-1811-
w , 6/10/2014 16.E.9.
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of ,2014,by
and between Brenda C. Garretson ("Garretson"), and Collier County,a political subdivision of
the State of Florida("County").
WHEREAS, on May 15, 2013, the Collier County Board of County Commissioners
entered into Contract 13-6016 "Special Magistrate Services for Code Enforcement" with The
Garretson Law Firm,LLC d/b/a Rhodes, Tucker&Garretson (attached hereto as Exhibit A, and
hereinafter referred to as the "Agreement"), at which time Garretson was the firm's Managing
Member,and
WHEREAS, Garretson has continually served as the Special Magistrate during the course
of this contract and several prior contracts for these services;and
WHEREAS, Garretson hereby represents to Collier County that she is retired from the
private practice of law and is therefore no longer practicing with any law firm, including The
Garretson Law Firm, LLC d/b/a Rhodes, Tucker & Garretson, but remains a member of the
Florida Bar in good standing and will continue to provide the Special Magistrate services
independently;and
WHEREAS, the parties wish to formalize Garretson's assumption of rights and
obligations under the Agreement,effective as of the date first above written.
NOW THEREFORE,IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration,the receipt and sufficiency of which
are acknowledged by the parties,it is agreed as follows:
1. Garretson accepts and assumes all rights, duties, benefits, and obligations of the
Consultant under the Agreement,including all existing and future obligations to pay and perform
under the Agreement,
2. The County agrees to waive the insurance requirements of the Agreement
3. Except as expressly stated, no further supplements to or modifications of the
Agreement are contemplated by the parties.
4. Notice required under the Agreement to be sent to Consultant shall be directed to
CONSULTANT:
Brenda C.Garretson,Esq.
4915 Rattlesnake Hammock Rd.,Suite 127
Naples,FL 34113
Telephone:(239)227-8151
E-mail:bkgarret®gmaii.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
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E
6/10/2014 16.E.9.
IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY.FLORIDA
By: By:
,Deputy Clerk Tom Henning, Chairman
•
401
ren•. C. Garr=.:.. Esq.
Approved as to form and legality:
Jeffrey A.Klatzkow,County Attorney
2
Packet Page-1813-
y,
6/10/2014 16.E.9.
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of ,2014,by
and between Brenda C. Garretson("Garretson"), and Collier County, a political subdivision of
the State of Florida("County").
WHEREAS, on May 15, 2013, the Collier County Board of County Commissioners
entered into Contract 13-6016 "Special Magistrate Services for Code Enforcement" with The
Garretson Law Firm,LLC d/b/a Rhodes, Tucker&Garretson(attached hereto as Exhibit A,and
hereinafter referred to as the "Agreement"), at which time Garretson was the firm's Managing
Member;and
WHEREAS,Garretson has continually served as the Special Magistrate during the course
of this contract and several prior contracts for these services;and
WHEREAS, Garretson hereby represents to Collier County that she is retired from the
private practice of law and is therefore no longer practicing with any law firm, including The
Garretson Law Firm, LLC d/b/a Rhodes, Tucker & Garretson, but remains a member of the
Florida Bar in good standing and will continue to provide the Special Magistrate services
independently;and
WHEREAS, the parties wish to formalize Garretson's assumption of rights and
obligations under the Agreement,effective as of the date first above written.
•
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration,the receipt and sufficiency of which
are acknowledged by the parties,it is agreed as follows:
1. Garretson accepts and assumes all rights, duties, benefits, and obligations of the
Consultant under the Agreement,including all existing and future obligations to pay and perform
under the Agreement.
2. The County agrees to waive the insurance requirements of the Agreement
3. Except as expressly stated, no further supplements tot.or modifications of, the
Agreement are contemplated by the parties.
4. Notice required under the Agreement to be sent to Consultant slil be directed to:
CONSULTANT:
Brenda C.Garretson,Esq.
4915 Rattlesnake Hammock.Rd.,Suite 127
Naples,FL 34113
Telephone: (239)227-8151
E-wait:bar et@g a?l.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
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6/10/2014 16.E.9.
IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk Tom Henning,Chairman
•ren•. C.0: Esq.
Approved as to form and legality:
Jeffrey A. Klatzkow,County Attorney
Packet Page-1815-