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#10-5466 (De La Parte & Gilbert, PA) 16C7 ' ITEM NO.: t) ` �✓t.0� DATE RECEIVED: FILE NO.: ON"-\\I ROUTED TO: ? p;.)1`R 2 7(11)ire L n F DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES (1*-- Date: March 23, 2010 /9 To: Office of the County Attorney Jeff Klatzkow S12--[ From: Kelsey Ward, Contract Administration Manager 312,_I u Purchasing Department, Extension 8949 Re: Contract: #10-5466 General Legal Services for Public Utilities" Contractor: de la Parte & Gilbert, PA BACKGROUND OF REQUEST: This Contract was approved by the BCC on March 23, 2010, Agenda Item 16.C.7 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Phil Gramatges, PUPPMD "1` 1607 MEMORANDUM TO: Ray Carter Risk Management Department - t _J91-9P1 FROM: Kelsey Ward, Contract Administration Manager Purchasing Department, Extension 8949 DATE: March 23, 2010 RE: Review Insurance for Contract: #10-5466 General Legal Services for Public Utilities" Contractor: de la Parte & Gilbert, PA This Contract was approved by the BCC on March 23, 2010, Agenda Item 16.C.7 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8949. dod/KW DATE RE'CEIVEn C: Phil Gramatges, PUPPMD MAR 2 4.2010 . 43 , 4/ , V jr / ./sr... /•" O 1607 mausen_g From: RaymondCarter Sent: Wednesday, March 24, 2010 1:31 PM To: ward_kelsey Cc: GramatgesPhil; mausen_g Subject: Contract 10-5466 All, I have approved the certificate(s)of insurance provided by de la Parte&Gilbert, PA for contract 10-5466.The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray Re_fpoLOWA Manager Risk Finance Office 239-252-8839 Cell 239-821-9370 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 www.sunbiz.org-Department of State C7 FLORIDA DEPARTMENT OF STATE �1 ?� DIVISION OF CORPOR;ITIOIr5 ; tart . ' ` •; Home Contact Us E Filing Services Document Searches Forms Help Previous on List Next on List Return To List !Entity Name Search Events Name History Submit Detail by Entity Name Y - Florida Profit Corporation DE LA PARTE&GILBERT, PROFESSIONAL ASSOCIATION Filing Information Document Number 493400 FEI/EIN Number 591637031 Date Filed 12/31/1975 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 01/13/2000 Event Effective Date NONE Principal Address 101 E KENNEDY BOULEVARD SUITE 3400 TAMPA FL 33602 US Changed 01/18/2000 Mailing Address POST OFFICE BOX 2350 TAMPA FL 33601 US Changed 03/24/1994 Registered Agent Name & Address MCNAMARA,PATRICK J 101 E. KENNEDY BLVD.,STE.3400 TAMPA FL 33602 US Name Changed:04/18/2007 Address Changed:05/05/1999 Officer/Director Detail Name&Address Title VD GILBERT,RICHARD A 3317 WEST GRANADA STREET TAMPA FL 33629 US Title PD DE LA PARTE, EDWARD P JR 15802 DAWSON RIDGE DR http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=493400&inq... 3/25/2010 www.sunbiz.org-Department of State Page 2 of 3 16C7- . TAMPA FL 33647 US Title VTD MCNAMARA, PATRICK J 5803 GORDON AVE TAMPA FL 33611 US Title VSD CALDEVILLA, DAVID M 9734 N ARMENIA AVE TAMPA FL 33612 US Title VD ARENAS-BATTLES,VIVIAN 101 E. KENNEDY BLVD.#3400 TAMPA FL 33602 US Annual Reports Report Year Filed Date 2007 04/18/2007 2008 01/22/2008 2009 02/17/2009 Document Images 02/17/2009—ANNUAL REPORT View image in PDF format 1 f _ _ . 01/22/2008—ANNUAL REPORT { View image in PDF format - 1 04/18/2007—ANNUAL REPORT View image in PDF format 03/27/2006_-ANNUAL REPORT View image In PDF format 03/21/2005—ANNUAL REPORT View image in PDF format 04/26/2004—ANNUAL REPORT View image in PDF format 04/14/2003—ANNUAL REPORT View Image in PDF format 1 02/24/2002—ANNUAL REPORT View image in PDF format 03/14/2001 —ANNUAL REPORT View image in PDF format 01/18/2000—ANNUAL REPORT View image in PDF format 1 _ /2000—Name Change View image in PDF format 01/11/2000—Amendment I View image in PDF format. 05/05/1999—Ro, Agent Change View image In PDF format 03/02/1999—ANNUAL REPORT , View image in PDF format 01/26/1998_ANNUAL REPORT View image in PDF format f 07/29/1997—ANNUAL REPORT ! View image in PDF format 05/01/1996—ANNUAL REPORT ; View image In PDF format 04/28/1995—ANNUAL REPORT View Image in PDF format {Note:This is not official record.See documents if question or conflict.I Previous on List Next on List Return To List y n w Entity Name Search_ Events Name History Submit I http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=493400 8cinq... 3/25/2010 www.sunbiz.org -Department of State Page 3 of 3 16C7 — •',ft.-a , - ..... - I Home I Contact us I Document Searches I E-Filing Services I Forms I Hell) Copyright and Privacy Policies Copyright©2007 State of Florida,Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&ingdoc_number=493400&inq... 3/25/2010 RLS# I b • . CHECKLIST FOR REVIEWING CONTRACTS n� Entity Nante: O • l V\,�4 - 1 6 C 7 Entity name correct on contract? Yew/ No Entity registered with FL Sec. of State? ✓ s No . e Insurance Insurance Certificate attached? No Insured registered in Florida? es Contract#&/or Project referenced on Certificate? Yes No 0td Yes g/ No MP y Certificate Holder name correct(BCC)? No �es Commercial General Liability • General Aggregate Required$ " _ Provided$2vr t Exp.Date"1 121110 Products/Compl/Op Required$ i Provided$ (1 1 j Exp.Date Personal&Advert Required$ Provided$ 1,M i \` Exp.Date 11 1) Each Occurrence Required$ Provided$ Et ) Exp.Date Fire/Prop Damage Required$ Provided$ 500\f1 Exp.Date Automobile Liability Bodily Inj&Prop Required$ N Provided$344 V.A.% Exp Date vii 10 Workers Compensation Each accident Required$ .! Provided$ IDDIL Exp Date Z 2'i/10 Disease Aggregate Required -� Provided$ t t ' J Exp Date Disease Each Empl Required$ \ Provided$ ,c Exp Date it i 1 Umbrella Liability Each Occurrence Provided$,51i i 'I Exp Date II 17 1 V Aggregate Provided$ t t I / Exp Date i r %_ Does Umbrella sufficiently cover any underinsured portion? Yes No Professional Liability -� Each Occurrence Required'y'AIN Provided$ t\& Exp.Date b . k,Ito Per Aggregate • Required Provided$ ti i i Exp.Date Other Insurance P / / / Each Occur Type: Required$ Provided$ Exp Date County required to be named as additional insured? Yes No County named as additional insured? �'es Indemnification Does indemnification meet County standards? /Yes Is County indemnifying other party? Yes No Performance Bond Bond requirement referenced in contract? Yes No If attached,expiration date of bond Does dollar amount match contract? Yes No Agent registered in Florida? Yes No Signature Blocks / Correct executor name in signature block? 1 Yes No Correct title of executor? es No Executor authorized to sign for entity? es No Proper number of witnesses/notary? Yes No Authorization for executor to sign,if necessary: � // Chairman's signature block? L ,Ye No Clerk's attestation signature block? (/' es No County Attorney's signature block? , Yes No Attachments Are all required attachments included? Yes No Reviewer Initial Date: 7 04-COA-01171 .rz 1 1 &C7 AGREEMENT 10-5466 "General Legal Services for Public Utilities" THIS AGREEMENT, made and entered into on this 23rd day of March, 2010, by and between de la Parte & Gilbert, P. A., authorized to do business in the State of Florida, whose business address is 101 E. Kennedy Boulevard, Suite 2000, Post Office Box 2350, Tampa, Florida 33601-2350, 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. This Agreement shall commence upon Board approval. The initial contract term shall be for a one (1) year period, commencing on contract execution and terminating one year from that date. The County may, at its discretion and with the consent of the Consultant,renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to Agreement term not less than ten (10) days prior to the end of the Agreement term dthen in effect. 2. STATEMENT OF WORK. The Consultant shall provide professional legal services in accordance with Exhibit"A",Scope of Services,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, 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 upon completion or partial completion of work tasks pursuant to the hourly rates as set forth in Exhibit"B",together with the Travel and Reimbursable Expenses as defined in this Agreement. Invoices shall be submitted not more frequently than once per month. Any modifications to the compensation shall be in writing, as approved in advance by the County. Payment will be made upon receipt of a proper invoice and upon approval by the County project manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act". Page 1 of 12 16C7 3.2 Consultant agrees to furnish to the County, after the end of each calendar month, a comprehensive and itemized statement of charges for the Services performed and rendered by Consultant during that time period, and for any County authorized reimbursable expenses as herein below defined, incurred and/or paid by Consultant during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by the County. All such statements shall be on Consultant's letterhead and shall indicate the Purchase Order Number, its Federal Employer Identification Number, a listing of all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought. Payment may be withheld for failure of the Consultant to comply with a term, condition or requirement of this Agreement. 3.3 Travel and Reimbursable Expenses during the term of this Agreement shall be approved in advance in writing by the County. Allowable travel expenses include those authorized in writing, except for local travel within Collier or Lee Counties, and all Contract-related mileage for trips that are from or to destinations outside of Collier or Lee Counties as approved by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla.Stats. Reimbursements shall be at the following rates: Mileage $0.445 per mile or maximum rate allowable under Section 112.061, Fla. Stat. Breakfast $6.00 or maximum rate allowable under Section 112.061,Fla. Stat. $11.00 or maximum rate allowable under Section 112.061,Fla. Stat. Dinner $19.00 or maximum rate allowable under Section 112.061,Fla.Stat. Airfare Actual ticket cost limited to tourist or coach class fare. Rental car Actual rental cost limited to compact or standard-size vehicles. Lodging Actual cost of lodging at single occupancy rate with a cap of no more reliffailirMi than$150.00 .er ni;ht. Actual cost of •arkin Taxi or Airport Actual cost of either taxi or airport Limousine limousine 3.4 Reimbursable items other than travel expenses shall be limited to the following: copies, exhibits, court reporter fees, telephone long-distance charges, cell phone charges, photocopying charges and postage related to the litigation. Other items related to the Page 2 of 12 16C7 provision of services may be paid on request if approved in advance in writing by the County. Reimbursable items will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to 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: Edward P. de la Parte,Jr. De la Parte &Gilbert,P.A. 101 E.Kennedy Boulevard,Suite 2000, Post Office Box 2350, Tampa,Florida 33601-2350 Telephone: 813-229-2775 Fax: 813-229-2712 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-Purchasing Building 3301 Tamiami Trail,East Naples,Florida 34112 Attention: Steve Carnell,Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 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 payment Page 3 of 12 , _ I-6C7 ' 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, and the Rules Regulation the Florida Bar 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-hour (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 immediately for cause;further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin regarding the delivery of services under this Agreement. 11. INSURANCE. The Consultant shall provide insurance as follows: A. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. B. Professional Liability: The Consultant shall maintain in full force and effect, during the life of this Agreement, Standard Professional Liability Issuance with limits not less than Two Million Dollars ($2,000,000.00) each occurrence with a maximum deductable of Fifty Thousand Dollars ($50,000.00). C. Special Requirements: Certificates of Insurance, satisfactory to Collier County evidencing all such coverages shall be furnished to Collier County immediately upon executive of this Agreement, with complete copies to be furnished upon Page 4 of 12 1607 Collier County's request. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to Collier County in the event of cancellation or modification of any stipulated insurance coverage. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law,the Consultant shall indemnify and hold harmless Collier County, employes from any and all liabilities, damages, losses and costs, including,officers but not dlimited toe 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. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Consultant under this Agreement may be retained by County until all of County's clams for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Division. 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 attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A, Scope of Services, Exhibit B, Hourly Rates, and Insurance Certificate. 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 Page 5 of 12 16C7 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. 19. 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. 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 upon satisfactory negotiation of price by the County and Consultant. 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. Page 6 of 12 16C7 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. 23. KEY PERSONNE RO ECT 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. Selected firm shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the requirement of the engagement. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements 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. 23.2 Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Consultant to assign more than one attorney to a project. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost-effective for the County, Consultant agrees to the following procedures and billing limitations for multiple attorney assignments. a. A primary attorney will be identified for projects. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel or attend meetings, hearings, or other proceedings on behalf of the County, except in instances of emergency or where in the responsible professional judgment of Consultant the requirements of the project warrant a multiple attorney presence at such proceedings. b. Attorneys assigned to a project other than the primary attorney will be less senior attorneys with lower billing rates unless the additional attorney(s) has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of • the legal services being provided to the County. c. Consultant agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the absolute minimum necessary for the professionally responsible provision of the legal services in question. Page 7 of 12 1I& C7 24. PUBLIC RECORDS AND INSPECTION. If the Florida Public Records Act (Chapter 119, Fla. Stat) is determined by County to be applicable to Consultant's records, Consultant shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Consultant. Upon the request of the County, Consultant shall return documents to County upon termination of any matter for which Consultant has provided representation to the County. With regard to those materials which remain in the possession of Consultant, Consultant shall preserve and make available those materials, at reasonable times for examination and audit by County, for a period of three (3) years after termination of this Agreement. 25. OWNERSHIP OF DOCUMENTS. Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Consultant, whether finished or unfinished, shall become the property of County and shall be delivered by Consultant to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Consultant shall be withheld until all documents are received as provided herein. 26. WAIVER OF BREACH AND MATERIALITY. Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modifications of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 27. INDEPENDENT CONTRACTOR. Consultant is an independent contractor under this Agreement. Services provided by Consultant shall be subject to the supervision of Consultant, and such services shall not be provided by Consultant as officers, employees, or agents of County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or party under this Agreement. Remainder of page intentionally left blank— Page 8 of 12 IN WITNESS 16c7 authorized person or agent,�hereunder Consultant t weir hands an e County, have each, respectively, by an written. seals on the date and year first above ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E,, ra COLLIER COUNTY,FLORIDA ,, rb R Cierk of Courts By �°�.: ';,.�1=j�.� ••C • ` "�-�-� Dated%'.3'31' Vi 11??, By: W, Fred W. Coyle, 4111(S(SEAL) y Chairman Attest at ti WOW I de la Parte & Gilbert P.A. Consultant 1:1 .i�� By: • cis. 9-;*C) First Witness Signature Denise Dimond TType/print ■ ess nameT I , ,i'' Edward P. de la Parte Jr. Second fitness President Typed signature and title Deborah D. Carlisle TType/print witness nameT Approved as to form and legal sufficiency: per_• i R e • ounty Attorney • Print Name Item# � Agenda 2 0 Date 0 Date 3 i1 Redd �lJ Deputy"1 J Page 9 of 12 16C7 Exhibit"A" Scope of Work 10-5466 General Legal Services for Public Utilities This Agreement is for the purpose of procuring specialized Legal Services for Public Utilities on an as-needed basis,including but not limited to, those described below. 1. Representing Collier County regarding Water Use Planning and Water Use Permitting issues before the South Florida Water Management District(SFWMD); advice on permit application preparation, addressing water conservation requirement issues, addressing environmental impacts, processing Water Use Permit applications through the SFWMD and other regulatory agencies, assisting the County with respect to the 5-year compliance review under its Water Use Permit and obtaining favorable approvals from the SFWMD and other regulatory agencies regarding acquisition of freshwater sources; and coordination with the proposed Florida Legislation, if any, related to matters of freshwater resource use competition from the CERP Water Reservations process of the SFWMD (affecting freshwater resource availability). .Specifically, the following services will be required: 2. Representing Collier County regarding rulemaking issues before the South Florida Water Management District (SFWMD), including but not limited to water use permit, water conservation, water reservations, water availability and minimum flows and levels regarding acquiring freshwater and brackish sources; and coordination with current or newly proposed State of Florida legislation and rulemaking, if any,related to matters of water availability for potable water supply or for matters relating to freshwater resource use competition from the Water Reservations process of the SFWMD affecting freshwater resource availability. 3. Representing Collier County regarding permitting for all wastewater treatment and disposal facilities, reclaimed water reuse and irrigation quality water permits issued by the Department of Environmental Protection (DEP), the SFWMD and other state, federal or local agencies; advice on permit application preparation, addressing conditions for issuance and obtaining favorable approvals from the regulatory agencies; and coordination with any existing or proposed Florida Legislation. 4. Representing Collier County regarding rulemaking issues governing wastewater treatment and disposal,reclaimed water reuse and irrigation quality water. 5. Legal advice and services (including procedure) regarding general utility, environmental permitting and legislative issues involving Collier County. Page 10 of 12 16C7 6. The County anticipates that these services will generally be limited to issues and processes that will involve "administrative law" and support of the County's applications and related requests before all agencies." 7. These services will require a thorough working knowledge of the Lower West Coast Water Supply Plan and updates,Knowledge of SFWMD and FDEP water conservation requirements,programs of the South Florida Water) Management District's (SFWMD's) Governing Board, including its Pre-CERP (Comprehensive Everglades Restoration Plan) Guidance Memorandum, issues regarding inter-district transfers of groundwater,implementation of CERP pursuant to Federal and/or Florida Law, the United States Environmental Protection Agency and its oversight role of the DEP, the United States Army Corps of Engineers, the Florida Department of Environmental Protection in its oversight role of the SFWMD, and the County's Land Development Code and the County's Growth Management Plan 8. The firm and/or individual attorney shall be responsible for knowledge of, and compliance with, all relative local, state and federal laws, ordinances, rules and regulations. 9. The County reserves the right to order such services from the firm or individual as may be required during said period, but does not guarantee that any minimum or maximum amount of services will be ordered (assigned) during the term of the contract. Service assignments shall be at the sole discretion of the County. Page 11 of 12 16C7 Exhibit"B" Fee Schedule 10-5466 General Legal Services for Public Utilities Professional Cate o Hourly Fee Edward de la Parte,Jr. $300.00 Other Shareholders $250.00 Associate Attorneys $200.00 Law Clerks $100.00 Paralegals $90.00 Page 12 of 12 -1_6 .. Client#:7620 C 7 .. 3DELAGiL ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 D (MMlDUM'YY) PRODUCER D1/0ATE6/Z010 Willis of Florida,Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3000 Bayport Drive,Suite 300 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Tampa,FL 33607 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 813 281-2095 INSURED INSURERS AFFORDING COVERAGE NAIC II de la Parte&Gilbert,P A INSURERA Hartford Casualty 29424 101 E.Kennedy Blvd. Suite 2000 INSURER B: Tampa,FL 33602 INSURER C: INSURER D. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADO'L _ LTR INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION • DATE(MM/DOnYY) DATE(MWDO/YY1 LIMITS A GENERAL LABILITY 21SBAK07317 07/27/09 07/27/10 EACH OCCURRENCE $ X COMMERCIAL GENERAL LIABILITY 1,000,000 CLAIMS MADE n OCCUR PREMIISSES((Ea occur nce) 5300,000 MED DM(My one Person) 510,000 PERSONAL ADV INJURY 51,000,000 GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I-I 78-, n LOC PRODUCTS-COMP/OP AUG 52,000,000 A AUTOMOBILE LIABILITY 21SBAK07317 07/27/09 07/27/10 ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) X HIRED AUTOS X NON-OWNED AUTOS (Per NJ IIRY S PROPERTY DAM AGE (Per ecddent) $ GARAGE LIABILITY - - I ANY AUTO AUTO ONLY-EA ACCIDENT S OTHER THAN EA ACC S A AUTO ONLY AUG S IXCESSNMBRELLA LIABILITY 21SBAK07317 • 07/27/09 07/27/10 EACH OCCURRENCE $5,000,000 OCCUR I I CLAIMS MADE • AGGREGATE _ 55,000,000 X IDEDUCTIBLE S RETENTION $10000 $ A WORKERS COMPENSATION AND 21WECEX7167 07/27/09 07/27/10 X I I ` s EMPLOYERS'LIABILITY C STA ID OTIi- ' TORY L1MTS ER ANY CER/MEETOR EXCLUER!'XECU7IVE EL EACH ACCIDENT ,S1OD,000 OFFICER/MEMBER EXCLUDED? If d�O1�under EL.DISEASE-EA EMPLOYEEi 5100,000 SPECIAL PROVISIONS below OTHER EL.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Subject to 10 days notice of cancellation due to non-payment of premium. Certificate Holder is named as additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 9n DAYS WRITTEN 3301 E.Tamiami Trail NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Naples,FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES. AgTHORIZED�IAlRE�PRESENTATIVE SAM..`Aslnwtw ACORD 25(2001/08)1 of 2 #fS292311/M281565- MSOWE o ACORD CORPORATION 1988 1607 .A ISSUE DATE(MMIDD/YY) k1 `lE ❑ 11/06/09 ;'40DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION-ONLY AND CONFERS TO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTENDED OR ALTER THE COVERAGE Brown&Brown Insurance . AFFORDED BY THE POLIC 1ES BELOW. =0 Box 153005 COMPANIES AFFORDING COVERAGE Tampa,FL 33684-3005 LETTER A Westport Insurance Corporation COMPANY B LETTER o -INSURED COMPANY De La Parte&Gilbert.P.A. LETTER C 101 E.Kennedy Blvd.,Suite 3400 COMPANY LETTER Tampa,Florida 33602 COMPANY . LETTER E . ^COVERAGES I HIS 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 CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID I-AIMS. . TYPE OF INSURANCF POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS DATE(MMIDDIYY) DATE(MM!OD/YY) GENFRAI LIABILITY GENERAL AGGREGATE COMM.GENERAL LIABILITY PROD-COMP/OP AGG. 1 CLAIMS MADE I I OCC PERS.&ADV.INJURY OWNER'S&CONTRACTS PROT EACH OCCURRENCE FIRE DAMAGE MED EXP.(ONE PER) AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per perwn) HIRED AU 1 O5 BODILY INJURY NON-OWNED AUTOS (Per acaOent) GARAGE LIABILITY PROPERTY DAMAGE ANY AUTO - - FXCFSS I RAN ITY EACH OCCURRENCE `_ UMBRELLA FORM AGGREGATE I OTHER THAN UMBRELLA FORM . _.r. ^ I STATUTORY uwTS . WORKERS COMPENSATION AND EACH ACCIDENT EMPLOYER'S LIABILITY DISEASE-'0=Y LEST THE PROPRIETOR/PARTNER/EXECUTIVE DISEASE-EACH EMP. OFFICER ARE: ❑INCL ❑EXCL OTHER Lawyers Professional Liability WLA308002938705 10/26/09 10/26/10 5,000,000 5,000,000 Each Claim Aggregate i )CECRIPTION or OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Deductible- $25,000 Per Claim CERTIFII ATE:HOLDER. • ,-OANCELLATION Collier County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE 3301 East Tamiami Trail EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 Naples.Florida 34112 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES AUTNn0 REPRESENTATIVE �� ili----1A4.e. c til. ACORD Zb-S.,(3/93) .' :.