Backup Documents 03/10/2009 Item #16A 3
MEMORANDUM
DATE:
March 12, 2009
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE:
Contract #08-5090: "Special Magistrate Services for
Collier County Code Enforcement Department"
Contractor: Rhodes, Tucker and Garretson
Enclosed, please find an original, referenced above (Agenda Item #16A3)
approved by the Board of County Commissioners on Tuesday, March 10,
2009.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-8411.
Thank you,
Enclosures
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Contract: 08-5090 "Special Magistrate Services for Collier County COd'). / p 4
Enforcement Department" 3 J I I
Contractor: Rhodes, Tucker, and Garretson
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
March 10, 2009
To:
J"e-ffKlulLR.uw
S~\
Office of the County Attorney
From:
Lyn M. Wood, C.P.M.
Contract Specialist
252-2667
~
Re:
BACKGROUND OF REQUEST:
This agreement was approved by the Board of County Commissioners on March
10,2009, Agenda Item 16.A.3
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to the Board of County Commissioners for signature after
approval. If there are any questions concerning the document, please contact me.
Thank you.
C: Jennifer Waldron, Code Enforcement
16A3
AGREEMENT
THIS AGREEMENT, made and entered into on this /{rH" day of Ma...--c.J",
2009, by and between Rhodes, Tucker, and Garretson, located at Sun Trust Centre, Suite
204, 950 N. Collier Boulevard, Marco Island, Florida 34145, hereinafter called the
"Consultant" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, (hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing
on the date of award by the Board of County Commissioners, and terminating two
(2) years from that date. The County, at its discretion, shall have the option to
renew this contract after the initial term for one (1) additional two (2) year term.
Such renewal shall be under the same terms and conditions. Any modifications to
this Agreement shall be mutually agreed upon in writing by the Consultant and
the County Project Manager or his designee, in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
2. STATEMENT OF WORK. The Consultant shall provide Special Magistrate
services in accordance with the Scope of Services of RFP 08-5090 "Special
Magistrate Services for Collier County Code Enforcement Department", the
Consultant's proposal and Collier County Ordinance No. 2007-44, which are
incorporated herein by reference, as well as additional services as required and
mutually agreed upon in writing by the County and Consultant.
3. COMPENSATION. The County shall pay the Consultant for the performance of
this Agreement the aggregate of the units actually furnished at the hourly rate of
$175.00 (One Hundred Seventy-five Dollars), together with the cost of any other
charges/fees submitted in the proposal. Payments shall be made to the Consultant
when requested as work progresses, but not more frequently than once per
month. Payment will be made upon receipt of a proper invoice and in compliance
with Chapter 218, Florida Statutes, otherwise known as the "Local Government
Prompt Payment Act".
4. NOTICES. All notices from the County to the Consultant shall be deemed duly
served if mailed or faxed to the Consultant at the following Address:
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Rhodes, Tucker, and Garretson
Attorneys at Law
PO Box 887
Marco Island, FL 34146
Attention: Brenda C. Garretson
Fax: (239) 394-5807
All Notices from the Consultant to the County shall be deemed duly served if
mailed or faxed to the County to:
Collier County Purchasing Department
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/General Services Director
Fax: (239) 732-0844
The Consultant and the County may change the above mailing address at any
time upon giving the other party written notification. All notices under this
Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between the County and the Consultant or to constitute the
Consultant as an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Fla. Stats, all
permits necessary for the prosecution of the Work shall be obtained by the
Consultant. Payment for all such permits issued by the County shall be processed
internally by the County. All non-County permits necessary for the prosecution of
the Work shall be procured and paid for by the Consultant. The Consultant shall
also be solely responsible for payment of any and all taxes levied on the
Consultant. In addition, the Consultant shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in
force or hereafter adopted. The Consultant agrees to comply with all laws
governing the responsibility of an employer with respect to persons employed by
the Consultant.
7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any
person to use in any manner whatsoever, county facilities for any improper,
immoral or offensive purpose, or for any purpose in violation of any federal, state,
county or municipal ordinance, rule, order or regulation, or of any governmental
rule or regulation now in effect or hereafter enacted or adopted. In the event of
such violation by the Consultant or if the County or its authorized representative
shall deem any conduct on the part of the Consultant to be objectionable or
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improper, the County shall have the right to suspend the contract of the
Consultant. Should the Consultant fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to
the satisfaction of the County.
8. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per the requirements of this
Agreement, the County may terminate said agreement immediately for cause;
further the County may terminate this Agreement for convenience with a ten (10)
day written notice. The County shall be sole judge of non-performance.
9. NO DISCRIMINATION. The Consultant agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
10. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but
not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Consultant or anyone employed or utilized by the Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
11. CONTRACT ADMINISTRATION. This Agreement shall be administered on
behalf of the County by the Code Enforcement Department.
12. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
attached component parts, all of which are as fully a part of the contract as if
herein set out verbatim: Consultant's Proposal, Collier County Ordinance No.
2007-44, RFP 08-5090 "Special Magistrate Services for Collier County Code
Enforcement Department," and Addenda.
13. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the
Board of County Commissioners.
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14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest
and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required hereunder. Consultant further
represents that no persons having any such interest shall be employed to perform
those services.
15. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, 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.
16. IMMIGRATION LAW COMPLIANCE. By executing and entering into this
agreement, the Consultant is formally acknowledging without exception or
stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq.
and regulations relating thereto, as either may be amended. Failure by the
Consultant to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate
this agreement immediately.
17. VENUE. Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the
appropriate federal or state courts in Collier County, Florida, which courts have sole
and exclusive jurisdiction on all such matters.
18. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at
the discretion of the successful proposer.
19. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid,
or otherwise unenforceable, in whole or in part, the remaining portion of this
Agreement shall remain in effect.
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20. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Agreement to resolve disputes between the parties, the parties
shall make a good faith effort to resolve any such disputes by negotiation. The
negotiation shall be attended by representatives of Consultant with full decision-
making authority and by County's staff person who would make the presentation
of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between
the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified
by the State of Florida. The mediation shall be attended by representatives of
Consultant with full decision-making authority and by County's staff person who
would make the presentation of any settlement reached at mediation to County's
board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under
section 44.1 02, Fla. Stat.
21. KEY PERSONNEUPROTECT STAFFING: The proposer's personnel and management to
be utilized for this project shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to insure that
competent persons will be utilized in the performance of the contract. Firm shall not
change Key Personnel unless the following conditions are met: (1) Proposed
replacement(s) have substantially the same or better qualifications and/ or experience. (2)
that the County is notified in writing as far in advance as possible. Firm shall make
commercially reasonable efforts to notify Collier County within seven (7) days of the
change. The County retains final approval of proposed replacement personnel.
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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
ATTEST:
Dwi tE:;jl~~ Clerk of Courts
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COLLIER COUNTY, FLORIDA
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Donna Fiala, Chairman
By:
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/ First itness
RHODES, TUCKER & GARRETSON
Jennifer Dixon-Abbott
B~_.r.2B~~
SIgnature
tType/print witness namet
Brenda C. Garretson, Partner
Typed signature and title
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~cond Witness
Audrey R, Weinrich
tType/ print witness name t
Approved as to form and
legal sufficiency:
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Print Name
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Agenda ., I I rV'
Date '" 10 v.(
Dale 7, f" /"
Reed ~c,
~~{J.1lIt
uty Clerk
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