#15-6444 (Becker & Poliakoff, P.A.) Contract 15-6444
Federal Lobbyist Services
SERVICE PROVIDER AGREEMENT
THIS SERVICE PROVIDER AGREEMENT is made and entered into this Z4iay of
_. .,92,f20 I. by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and
Becker & Poliakoff, P.A. whose address is 1275 K Street, Northwest, Suite 850, Washington,
DC and authorized to do business in the State of Florida, and whose business address is 4001
Tamiami Trail North, Suite 410, Naples, FL 34103 (hereinafter referred to as the "PROVIDER").
WITNESSETH:
WHEREAS, it is in the best interest of the COUNTY to obtain Lobbyist Services of said
PROVIDER, said services being more fully described in Exhibit A, "Scope of Services," which is
attached hereto and incorporated herein; and
WHEREAS, the PROVIDER has submitted a proposal in response to the COUNTY'S
Request for Proposal No. 15-6444, which is incorporated herein as reference, for provision of
those services; and,
WHEREAS, the PROVIDER hereby certifies that it has been granted and possesses
valid, current licenses to do business in the State of Florida and in Collier County, Florida,
issued by the respective State Board and government agencies responsible for regulating
and licensing the services to be provided and performed by the PROVIDER pursuant to this
Agreement; and,
Contract#15-5444
Federal Lobbyist Services
WHEREAS, the PROVIDER has reviewed the services required pursuant to this
Agreement and is qualified, willing and able to provide and perform all such services in
accordance with the provisions, conditions and terms hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE 1
PROVIDERS RESPONSIBILITY - SCOPE OF SERVICES
The PROVIDER hereby agrees to provide and perform the Services required as set forth in
EXHIBIT "A," entitled "SCOPE OF SERVICES," which is attached hereto and made a part of
this Agreement.
ARTICLE 2
DEFINITIONS
2.1 COUNTY shall mean the Board of County Commissioners of Collier County, a political
subdivision of the State of Florida, and all officials and employees.
2.2 PROVIDER shall mean the individual, firm or entity offering services which, by
execution of this Agreement, shall be legally obligated, responsible, and liable for providing
and performing any and all of the services, work and materials, including services and/or the
work of Sub-Providers/Consultants, required under the covenants, terms and provisions
contained in this Agreement.
2.3 SERVICES shall mean all services, work, materials, and all related professional,
technical and administrative activities that are necessary to perform and complete the services
required pursuant to the terms and provisions of this Agreement.
2.4 ADDITIONAL SERVICES shall mean any additional services that the COUNTY may
request and authorize, in writing, which are not included in the Scope of Services as set forth
in Article 1 above.
2
Contract#15-6444
Federal Lobbyist Services
(2)
2.5 CHANGE ORDER OR AMENDMENT shall mean a written document executed by
both parties to this Agreement setting forth such changes as may be requested and
authorized in writing by the COUNTY.
ARTICLE 3
OBLIGATIONS OF THE PROVIDER
The obligations of the PROVIDER with respect to all the Basic Services and Additional
Services authorized pursuant to this Agreement shall include, but not be limited to the
following:
3.1 LICENSES. The PROVIDER agrees to obtain and maintain throughout the terms of
this Contract all such licenses as are required to do business in the State of Florida and in
Collier County, Florida, including, but not limited to, licenses required by the respective State
Boards and other governmental agencies responsible for regulating and licensing the services
provided and performed by the PROVIDER.
3.2 QUALIFIED PERSONNEL. The PROVIDER agrees that when the services to be
provided and performed relate to a professional service(s) which, under Florida Statutes,
requires a license, certificate of authorization, or other form of legal entitlement to practice
such services, to employ and/or retain only qualified personnel to be in charge of all Basic
Services and Additional Services to be provided pursuant to this Agreement.
3.3 STANDARDS OF PROFESSIONAL SERVICE. The PROVIDER agrees to provide and
perform all services pursuant to this Agreement in accordance with generally accepted
standards of professional practice and in the State of Florida, in accordance with the laws,
statutes, ordinances, codes, rules, regulations and requirements of governmental agencies
which regulate or have jurisdiction over the services to be provided and/or performed by the
PROVIDER hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.),
as amended, and the Florida Public Records Law Chapter 119, including specifically those
contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3) as follows:
3
Contract#15-6444
Federal Lobbyist Services
(2) In addition to other contract requirements provided by law, each public
agency contract for services must include a provision that requires the contractor
to comply with public records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no
cost, to the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the public agency.
(3) If a contractor does not comply with a public records request, the public
agency shall enforce the contract provisions in accordance with the contract.
3.4 CORRECTION OF ERRORS, OMISSIONS OR OTHER DEFICIENCIES.
3.4.1 Responsibility to Correct. The PROVIDER agrees to be responsible for the
professional quality, technical adequacy and accuracy, timely completion, and the
coordination of all data, studies, reports, memoranda, other documents and services, work
and materials performed, provided, and/or furnished by PROVIDER. The PROVIDER shall,
without additional compensation, correct or revise any errors, omissions or other deficiencies
in such data, studies and other services, work and materials resulting from the negligent act,
errors or omissions or intentional misconduct of PROVIDER.
3.4.2 County's Approval Shall Not Relieve Provider of Responsibility. Neither review,
approval, nor acceptance by the COUNTY of data, studies, reports, memoranda, and
incidental professional services, work and materials furnished hereunder by the PROVIDER,
4
Contract#15-8444
Federal Lobbyist Services
shall in any way relieve PROVIDER of responsibility for the adequacy, completeness and
accuracy of its services, work and materials. Neither the COUNTY'S review, approval or
acceptance of, nor payment for, any part of the PROVIDER'S services, work and materials
shall be construed to operate as a waiver of any of the COUNTY'S rights under this
Agreement, or any cause of action it may have arising out of the performance of this
Agreement.
3.5 NOT TO DIVULGE CERTAIN INFORMATION. PROVIDER agrees, during the term of
this Agreement, not to divulge, furnish or make available to any third person, firm, or
organization, without the COUNTY'S prior written consent, or unless incident to the proper
performance of PROVIDER'S obligations hereunder. or as provided for or required by law, or
in the course of judicial or legislative proceedings where such information has been properly
subpoenaed; any non-public information concerning the services to be rendered by
PROVIDER, AND PROVIDER shall require all of its employees and sub-PROVIDER(s) to
comply with the provisions of this paragraph.
3.6 RESPONSIBILITY FOR ESTIMATES. In the event the services required pursuant to
this Agreement include the PROVIDER preparing and submitting to the COUNTY any cost
estimates, the PROVIDER, by exercise of his experience and judgment shall develop its best
cost estimates and shall be held accountable, responsible and liable for the accuracy,
completeness, and correctness of any and all such cost estimates to the extent provided
hereafter.
3.7 ADDITIONAL SERVICES. Should the COUNTY request the PROVIDER to provide and
perform professional services under this contract which are not set forth in EXHIBIT "A," the
PROVIDER agrees to provide and perform such ADDITIONAL SERVICES as may be agreed
to in writing by both parties to this Agreement.
ADDITIONAL SERVICES shall be administered and executed as "CHANGE ORDERS"
under the Agreement. The PROVIDER shall not provide or perform, nor shall the COUNTY
incur or accept any obligations to compensate the PROVIDER for any ADDITIONAL
SERVICES, unless the parties shall execute a written CHANGE ORDER. Each such
5
Contract#15-6444
Federal Lobbyist Services
C
CHANGE ORDER shall set forth a description of (1) the Scope` of the ADDITIONAL
SERVICES requested; (2) the basis of compensation; and (3) the period of time and/or
schedule for performing and completing the ADDITIONAL SERVICES.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
4.1 BASIC SERVICES. The COUNTY shall pay the PROVIDER for all requested and
authorized basic services rendered hereunder by the PROVIDER and completed in
accordance with the requirements, provisions, and/or terms of this Agreement as set forth in
Exhibit "B" which is attached hereto and made a part of this Agreement. Total annual
compensation shall be One Hundred Five Thousand Dollars and 00/100 ($105,000),
payable in monthly lump sum payments, and said annual, and shall not'exceed, without prior
written approval from the County Manager, or his designee.
4.2 ADDITIONAL SERVICES. The COUNTY shall pay the PROVIDER for all ADDITIONAL
SERVICES as have been requested and authorized by the COUNTY and agreed to in
writing by both parties to this Agreement, and according to the terms for compensation and
payment of said ADDITIONAL SERVICES as set forth in Section 3.8.
4.3 METHOD OF PAYMENT.
4.3.1 Monthly Statement. The PROVIDER shall be entitled to submit no more than
one invoice statement to the COUNTY each calendar month covering services rendered and
completed during the preceding calendar month. The PROVIDER'S invoice statement(s) shall
be itemized to correspond, to the basis of compensation as set forth in the Agreement or
CHANGE ORDER(S). The PROVIDER'S invoice statements shall contain a breakdown of
charges, description of service(s) and work provided and/or performed, and, where
appropriate, supportive documentation of charges consistent with the basis of compensation
set forth in the Agreement or in CHANGE ORDER(S).
6
Contract#15-6444
Federal Lobbyist Services
4.3.2 Payment Schedule. The COUNTY shall pay the PROVIDER for the
performance of this Agreement upon completion of the work as accepted and approved by
the County Manager or his designee pursuant to Exhibit "B," hereto attached and
incorporated herein by reference. Payment will be made upon receipt of a proper invoice and
in compliance with Section 218.70 F.S. otherwise known as the "Local Government Prompt
Payment Act."
4.4 PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF THE
COUNTY. In the event of termination of this Agreement at the convenience of the COUNTY,
the COUNTY shall compensate the PROVIDER for: (1) all services performed prior to the
effective date of termination; (2) reimbursable expenses then due; and (3) reasonable
expenses incurred by the PROVIDER in affecting the termination of services and work, and
incurred by the submittal to the COUNTY of any documents.
4.5 PAYMENT WHEN SERVICES ARE SUSPENDED. In the event the COUNTY
suspends the PROVIDER'S services or work on all or part of the services required by this
Agreement, the COUNTY shall compensate the PROVIDER for all services performed prior
to the effective date of suspension and reimbursable expenses then due and any reasonable
expenses incurred or associated with, or as a result of such suspension.
4.6 NON-ENTITLEMENT TO ANTICIPATED FEES IN THE EVENT OF SERVICE
TERMINATION, SUSPENSION, ELIMINATION, CANCELLATION AND/OR DECREASE IN
SCOPE OF SERVICES. In the event the services required pursuant to this Agreement are
terminated, eliminated, canceled, or decreased due to: (I) termination; (2) suspension in
whole or in part; and (3) and/or are modified by the subsequent issuance of CHANGE
ORDER(S), the PROVIDER shall not be entitled to receive compensation for anticipated
professional fees, profit, general and administrative overhead expenses or for any other
anticipated income or expense which may be associated with the services which are
terminated, suspended, eliminated, cancelled or decreased.
7
Contract#15-6444
Federal Lobbyist Services
t �
ARTICLE 5
TERM AND SCHEDULE OF PERFORMANCE
5.1 AGREEMENT TERM. The term of this Agreement shall be fora period of twelve (12)
months for the initial term, with the option of renewal for three (3) additional one (1) year
renewals, effective upon Board approval.
5.2 NOTICE TO PROCEED. Following the execution of this Agreement by both parties,
and after the PROVIDER has complied with the insurance requirements set forth hereinafter,
the COUNTY shall issue the PROVIDER a WRITTEN NOTICE TO PROCEED. Following the
issuance of such NOTICE TO PROCEED the PROVIDER shall be authorized to commence
work and the PROVIDER thereafter shall commence work promptly and shall carry on all
such services and work as may be required in a timely and diligent manner to completion.
5.3 PROVIDER WORK SCHEDULE. The PROVIDER shall be required as a condition of
this Agreement to prepare and submit to the COUNTY, on a monthly basis, commencing with
the issuance of the NOTICE TO PROCEED, a PROVIDER'S WORK SCHEDULE. The
WORK SCHEDULE shall set forth the time and manpower scheduled .for all of the various
tasks required to provide, perform and complete all of the services and work required for
completion of the various tasks of the project services as set forth in EXHIBIT "A," pursuant
to this Agreement in such a manner that the PROVIDER'S planned and actual work progress
can be readily determined. The PROVIDER'S WORK SCHEDULE of planned and actual work
progress shall be updated and submitted by the PROVIDER to the COUNTY on a monthly
basis.
Should the PROVIDER be obstructed or delayed in the prosecution or completion of its
obligations under this Agreement as a result of causes beyond the control of the PROVIDER,
or its sub-consultant(s) and/or sub- PROVIDER(s), and not due to their fault or neglect, the
PROVIDER shall notify the COUNTY, in writing, within five (5) calendar days after the
commencement of such delay, stating the cause(s) thereof and requesting an extension of
the PROVIDER'S time of performance.
8
Contract#15-6444
Federal Lobbyist Services
........._..........
Upon receipt of the PROVIDER'S request for an extension of time, the COUNTY shall grant
the extension if the COUNTY determines the delay(s) encountered by the PROVIDER, or its
sub-consultant(s) and/or sub-PROVIDER(s), is due to unforeseen causes and not
attributable to their fault or neglect.
5.4 FAILURE TO PERFORM IN A TIMELY MANNER. Should the PROVIDER fail to
commence, provide, perform, and/or complete any of the services and work required
pursuant to this Agreement in a timely and diligent manner, the COUNTY may consider such
failure as justifiable cause to terminate this Agreement. As an alternative to termination, the
COUNTY at its option may, upon written notice to the PROVIDER, withhold any or all
payments due and owing to the PROVIDER, not to exceed the amount of the compensation
for the work in dispute, until such time as the PROVIDER resumes performance of his
obligations in such a manner as to get back on schedule in accordance with the time and
schedule of performance requirements as set forth in this Agreement.
ARTICLE 6
SECURING AGREEMENT
The PROVIDER warrants that the PROVIDER has not employed or retained any company or
person other than a bona fide employee working solely for the PROVIDER to solicit or secure
this Agreement and that the PROVIDER has not paid or agreed to pay any person, company,
corporation or firm other than a bona fide employee working solely for the PROVIDER any
fee, commission, percentage, gift, or any other consideration contingent upon or resulting
from the award or making of this Agreement.
ARTICLE 7
ASSIGNMENT TRANSFER AND SUB-CONTRACTS
The PROVIDER shall not assign or transfer any of its rights, benefits or obligations
hereunder, except for transfers that result from: (1) the merger or consolidation of PROVIDER
with a third party; or (2) the disestablishment of the PROVIDER'S professional practice and
the establishment of the successor PROVIDER. Nor shall the PROVIDER sub-contract any of
9
Contract#15-6444
Federal Lobbyist Services
its service obligations hereunder to third parties without prior written approval of the
COUNTY. The PROVIDER shall have the right, subject to the COUNTY'S prior written
approval, to employ other persons and/or firms to serve as sub-PROVIDERS to PROVIDER
in connection with the PROVIDER performing services and work pursuant to the
requirements of this Agreement.
ARTICLE 8
APPLICABLE LAW
The laws, rules and regulations of the State of Florida, or the laws, rules and regulations of
the United States, shall govern this Agreement when providing services funded by the United
States government.
ARTICLE 9
NON-DISCRIMINATION
The PROVIDER for itself, its successors in interest, and assigns, as part of the consideration
thereof, does hereby covenant and agree that in the furnishing of services to the COUNTY
hereunder, no person on the grounds of race, color, national origin, handicap, or sex shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination. Should PROVIDER authorize another person with the COUNTY'S prior
written consent, to provide services to the COUNTY hereunder, PROVIDER shall obtain from
such person a written agreement pursuant to which such person shall, with respect to the
services which he is authorized to provide, undertake for himself the obligations contained in
this Section.
ARTICLE 10
INDEMNIFICATION
To the maximum extent permitted by law, PROVIDER shall indemnify and hold harmless
theCOUNTY, 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 PROVIDER or
10
Contract#15-6444
Federal Lobbyist Services
........_.......___._._.....
anyone employed or utilized by the PROVIDER 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.
ARTICLE 11
INSURANCE
11.1 PROVIDER shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Schedule C to this Agreement.
11.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
11.3 Insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.3.1 Collier County must be named as Additional Insured on the Insurance
Certificate for Commercial General Liability where required.
11.3.2 Companies issuing the insurance policy or policies shall have no recourse
against the COUNTY for payment of premiums or assessments for any deductibles which all are
at the sole responsibility and risk of PROVIDER.
11.3.3 All insurance coverage's of PROVIDER shall be primary to any insurance or self
insurance program carried by the COUNTY, and the "Other Insurance" provisions of any policies
obtained by PROVIDER shall not apply to any insurance or self-insurance program carried by
the COUNTY.
11.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.O. form with no limiting endorsements,, must reference and
identify this Agreement.
11
Contract#15-6444
Federal Lobbyist Services
11.3.5 All insurance policies shall be fully performable in Collier County, Florida, and
shall be construed in accordance with the laws of the State of Florida.
11.4 PROVIDER, its sub PROVIDERs and the COUNTY shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and received
by the COUNTY, except such rights as they may have to the proceeds of such insurance held
by any of them.
11.5 All insurance companies from whom PROVIDER obtains the insurance policies required
hereunder must meet the following minimum requirements:
11.5.1 The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate insurance business
in the State of Florida.
11.5.2 The insurance company must have a current A. M. Best financial rating of
"Class VI" or higher.
ARTICLE 12
INSURANCE COVERAGES REQUIRED
12.1 The PROVIDER shall obtain and maintain the following insurance coverage's:
12.1.1 WORKERS' COMPENSATION. Coverage to comply for all employees
for Statutory Limits of Florida Statutes, Chapter 440 and all Federal laws. In addition,
the policy shall include the following:
a) Employer's Liability with a single limit per $100,000 per occurrence.
12.1.2 COMMERCIAL GENERAL LIABILITY. Coverage must be afforded on a
form no more restrictive than the latest edition of the Commercial General Liability Policy
filed by the Insurance Services Office and shall include the following:
a) Minimum limits of $1,000,000 single limit per occurrence and
$2,000,000 aggregate for Liability and Property Damage Liability. This shall include
12
Contract#15-6444
Federal Lobbyist Services
;f
...____..............._._._.
Premises and Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability.
12.1.3 BUSINESS AUTOMOBILE LIABILITY. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business Automobile Liability Policy
filed by the Insurance Services Office and must include the following:
a) Minimum $300,000 each occurrence; Bodily Injury and Property
Damage Liability.
Coverage shall include owned vehicles, hired and non-owned vehicles, and employee non-
ownership.
12.1.4 The Certificate Holder shall be named as Collier County Board of
Collier Commissioners, OR, Board of County Commissioners in Collier County, OR Collier
County Government. The Certificates of Insurance must state the Contract Number, or
Project Number, or specific Project Description, or must read: For any and all work
performed on behalf of Collier County.
12,1.5 Thirty (30) Days Cancellation Notice is required.
ARTICLE 13
DUTIES AND OBLIGATIONS IMPOSED ON THE PROVIDER
The duties and obligations imposed upon the PROVIDER by this Agreement and the rights
and remedies available hereunder shall be in addition to, and not a limitation of, any
otherwise imposed or available by law or statute.
ARTICLE 14
OWNERSHIP AND TRANSFER OF DOCUMENTS.
All documents such as payment records, notes, computer files, evaluations, reports and other
records and data relating to the services specifically prepared or developed by the
PROVIDER under this Agreement shall be the property of the PROVIDER until the
PROVIDER has been paid for performing the services and work required to produce such
13
Contract#15-6444
Federal Lobbyist Services
documents. Upon Completion or termination of this Agreement, all of°the above documents
to the extent requested by the COUNTY shall be delivered to the COUNTY or to any
subsequent PROVIDER within thirty (30) calendar days. The PROVIDER, at its expense,
may make and retain copies of all documents delivered to the COUNTY for reference and
internal use,
ARTICLE 15
MAINTENANCE OF RECORDS
The PROVIDER will keep and maintain adequate records and supporting documentation
applicable to all of the services, work, information, expense, costs, invoices and materials
provided and performed pursuant to the requirements of this Agreement. Said records and
documentation will be retained by the PROVIDER for a minimum of five (5) years from the
date of termination of this Agreement, or for such period as required by law.
The COUNTY and its authorized agents shall, with reasonable prior notice, have the right to
audit, inspect and copy all such records and documentation as often as the COUNTY deems
necessary during the period of this Agreement, and during the period as set forth in the
paragraph above; provided, however, such activity shall be conducted only during normal
business hours of the PROVIDER and at the expense of the COUNTY.
ARTICLE 16
HEADINGS
The headings of the Articles, Sections, Exhibits, and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit
or change the provisions contained in such Articles, Section, Exhibits and Attachments.
14
Contract#15-6444
Federal Lobbyist Services
ARTICLE 17
ENTIRE AGREEMENT
This Agreement, including the referenced Exhibits and Attachments, constitutes the entire
Agreement between the parties and shall supersede all prior agreements or understandings,
written or oral, relating to the matters set forth herein.
ARTICLE 18
NOTICES AND ADDRESS
18.1 NOTICES BY PROVIDER TO COUNTY All notices required and/or made pursuant to
this agreement to be given to the PROVIDER to the COUNTY shall be in writing and shall be
given by the United States Postal Service or faxed to the following COUNTY address of
record:
Collier County Manager's Office
3299 Tamiami Trail East, Suite 202
Naples, FL 34112
Attention: Leo Ochs, County Manager
Fax: 239-252-4010
18.2 NOTICES BY AUTHORITY TO PROVIDER All notices required and/or made pursuant
to this Agreement to be given by the COUNTY to the PROVIDER shall be made in writing
and shall be given by the United States Postal Service or faxed to the following PROVIDER'S
address of record:
Becker& Poliakoff, P.A.
1275 K Street, N.W., Suite 850
Washington, DC 20005
Attn: Amanda Wood
Tel: 202-207-6863
18.3 CHANGE OF ADDRESS. Either party may change its address and/or fax number by
written notice to the other party given in accordance with the requirements of this Article.
15
Contract#15-6444
Federal Lobbyist Services
(Li)
ARTICLE 19
TERMINATION
This Agreement may be terminated by the COUNTY at its convenience, or due to the fault of
the PROVIDER, by giving thirty (30) calendar days written notice to the,PROVIDER_
The Provider may request that this Agreement be terminated by submitting a written notice
to the COUNTY dated not less than thirty (30) calendar days prior to the requested
termination date and stating the reason(s) for such a request. However, the COUNTY
reserves the right to accept, or not accept the termination request submitted by the
PROVIDER, and no such termination request submitted by the PROVIDER shall become
effective until PROVIDER is notified, in writing, .by the COUNTY of its acceptance. If the
PROVIDER is adjudged bankrupt or insolvent; if it makes a general assignment for the benefit
of its creditors; if a trustee or receiver is appointed for the PROVIDER or for any of its
property; or if it files a petition to take advantage of any debtor's act or to reorganize under
the bankruptcy or similar laws; or if it disregards the authority of the COUNTY'S designated
representatives; or if it otherwise violates any provisions of this Agreement; or for any other
just cause, the COUNTY may, without prejudice to any other right or remedy, and after giving
the PROVIDER written notice, terminate this Agreement.
ARTICLE 20
MODIFICATIONS
Any modifications to this Agreement shall be in compliance with the County Purchasing
Policy and Administrative Procedures in effect at the time such modifications are
authorized. Modifications to the terms and provisions of this Agreement shall only be valid
when issued in writing. In the event of any conflicts between the requirements, provisions,
and! or terms of this Agreement and any written contract modifications(s), the contract
modification(s) shall take precedence.
16
Contract#15-6444
Federal Lobbyist Services
......................._.__.__......_.....
ARTICLE 21
ACCEPTANCE
Acceptance of this Agreement shall be indicated by the signature of the duly authorized
representative of the parties in the space provided.
ARTICLE 22
CONFLICT OF INTEREST
22.1 As a condition of this AGREEMENT, PROVIDER shall provide a list of any businesses
and/or organizations to which the firm has any affiliation or obligations within the past five (5)
years; whether paid or donated, which could be construed by the COUNTY as a conflict of
interest. PROVIDER must also include the following information:
22.1.1 Provide full disclosure of information on any work performed for private interests
within the past two (2) years, which may be in conflict with the work to be performed for the
COUNTY under this contract, especially work that is not yet completed.
22.1.2 Declaration of commitment not to pursue any private sector work within the limits
of the COUNTY contract or directly affected by the COUNTY contract. •
22.2 PROVIDER 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. PROVIDER further represents that no persons having any
such interest shall be employed to perform those services.
ARTICLE 23
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 PROVIDER
17
Contract#15-6444
Federal Lobbyist Services
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 PROVIDER 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.
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.
ARTICLE 24
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.
ARTICLE 25
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, as amended, 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,
18
Contract 015.6444
Federal Lobbyist Services
fz�t
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.
ARTICLE 26
IMMIGRATION LAW COMPLIANCE
By executing and entering into this agreement, the PROVIDER 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 PROVIDER 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
Contract#15-6444
Federal Lobbyist Services
IN WITNESS WHEREOF, the parties hereto have executed this Service Provider
Agreement for Federal Lobbyist Services the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Bros._ Clerk
K
ntiv
Attest a5 to Chairman'. gy: �j v _ t
signature only. Tim Nanc-, " hairrnan
Bec. -r& Poliakoff P.A.
l Hess
6.)r sl is 7)i Olt.//free/ee/ '% -Mil a.. , i,,1,al: ;ell rii z Ji✓
Narnelnd Titl Name and Title_- -
Witness -"----
i-rrrT;l. C iL-60,-.)
Name and Title
App eyed a. to ' e of d Le ality:
Ito i 4..c-n-/
MAR, ounty Attorney
MQ
u-y
•
20
Contract#15-6444
Federal Lobbyist Services
EXHIBIT A
SCOPE OF SERVICES
GENERAL SCOPE OF BASIC SERVICES:
The Provider shall perform and deliver the following professional lobbying services and assist the
Collier County Board of Commissioners with obtaining the following objectives:
1. Providing for continuous federal representation of the Collier County Board of County
Commissioners in Washington, D.C., by a Washington, D.C.-based lobbyist / client manager, to
ensure the County's positions are represented and issues are addressed.
2. Identifying and securing federal opportunities for the Collier County community in funding,
programs, services and legislation that contribute to the overall betterment of Collier County.
In addition, the Provider shall provide the following services, including but not limited to:
1. Consult with members of the Board of County Commissioners (the Board or the County) in
individual meetings with the County's legislative affairs coordinator (County Manager, or
designee), prior to the year-round federal legislative cycle to determine specific individual
priorities and positions to reflect in development of the Collier County Federal Legislative Agenda;
2. Understand and articulate the County's legislative priorities;
3. Represent the approved County's positions and provide appropriate representation/advisement
and guidance of Collier County interests;
4. Advocate to the Congressional Delegation in Washington, D.C. the County's approved Federal
Legislative Agenda, produced on an annual basis;
5. Be available to travel from Washington to Collier County for meetings and presentations at least
five (5) to six (6) times per year;
6. Be readily accessible, reliable and responsive to the needs of the County;
7. Continually abide by high standards of ethical conduct and honesty;
8. Recommend timely lobbying efforts in upcoming federal legislative cycle to achieve Collier
agenda goals;
9. Monitor and advise the County, and its leadership team through the County Manager, or
designee, of any legislation which would affect Collier County in either a positive or negative
manner, and provide lobbying recommendations on strategy, approach, course of action;
Standard reports and coordination requirements: The Provider shall be required to perform
the following tasks in an effort to provide seamless communication of Collier Count's interest:
a. Provide weekly reports by 12 Noon EST each Friday; and,
b. Provide monthly reports by the close of business on the 15th ofeach calendar month. In
instances where the 15th falls on a weekend, the report shall be due the Friday prior to
the 15th day.
The Provider may be granted an extended deadline in writing by the assigned County Manager,
or designee. The County reserves the right to modify these requirements for reporting on an as
needed basis.
A-1
• Contract tt 15-6444
F deral Lobbyist Scr ices
r!_�
10.Ensure consistent weekly follow-up on issues and inquiries posed by Commissioners and the
County administration. Once an issue is addressed County staff may authorize to have an item
moved to the monthly status report.
11.Provide standard written reports (authored by Client manager) on Collier-specific issues and
priorities that are complete and comprehensive, including federal news, updates and activities
that are of major importance to Collier County.
12.Provide 'white papers" on unexpected issues that may arise which call for special "alerts" to the
County coordinator who will share with appropriate management and key legislative staff, and
respond if requested by the County.
13.Coordinate and communicate bi-weekly with the assigned County Manager, or designee by
telephone and/or email directly to provide verbal update on activities of the previous week.
14.Assist the County Manager, or designee as directed by contacting and organizing Congressional
member visits to specific areas in the County and schedule on-site meetings and coordinate tours
of project areas.
15.Inform the County Manager, or designee, or other identified staff, of federal resources available
and funding opportunities for County's priorities;
16.Monitor agency rule-making permitting processes on federal level and alert the County
coordinator and staff on action needed to implement and/or achieve compliance with legislation in
a most effective and efficient manner.
The County will not be restricted to utilizing, on an exclusive basis, the services of the contracted
state lobbying firm. The County may, at times, need additional specialized lobbying services, which
will be solicited on an independent basis.
A-2
Contract#15-6444
Federal Lobbyist Services
•
EXHIBIT B
Collier County Fee Schedule
RFP 15-6444
"Federal Lobbyist Services"
The COUNTY shall compensate the PROVIDER for providing and performing the
basic services in EXHIBIT "A", entitled "SCOPE OF SERVICES", as follows:
Task Title
Lobbyist Services as outlined in Exhibit "A", Scope of Services
Task Title Fee
Lobbyist Services as outlined in Exhibit "A", $105,000 annually and paid in monthly
Scope of Services lump sum installment payments
• There shall be no additional charges for changes in Collier County's proprieties
or broadening of the Federal lobbying scope.
• Compensation shall be inclusive and shall be full compensation for all services,
with the exception of travel expenses.
• The Compensation for services performed under the provisions of this
Agreement shall include the cost of all materials, equipment, supplies and out-of-
pocket expenses incurred in the performance of all such services.
• Travel shall be pre-approved by the County Manager, or designee, and paid in
accordance with Section 112.061, Florida Statute, outside of Lee and Collier
Counties.
B-3
Contract#15-6444
Federal Lobbyist Services
•
A °RO® CERTIFICATE OF LIABILITY INSURANCE DATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTAC Angela Nervi-Saketkoo
NAME:
Corporate Insurance Advisors daCNNo.Extl: (954)315-5000 AX No):(954)315-5050
1401 E Broward Blvd E-MAIL
ADDRESS:ANervi @ciafl.net •Suite 103 INSURER(S)AFFORDING COVERAGE NAIC#
Ft. Lauderdale FL 33301 INSURERA:Valley Forge Insurance co. 20508
INSURED Becker & Poliakoff, P.A INsuRERBNational Fire Ins Coof Hartford 20478
INSURER C:Transportation Insur Co. 20494
One E Broward Blvd INSURERD:FFIC/AXIS/STARR INDEMNITY 22890
Suites 1700-1900 INSURERE:
Ft. Lauderdale FL 33301 INSURERF:
COVERAGES CERTIFICATE NUMBER:15-16 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE IA SR SWVD POLICY NUMBER IMMIDDYIYYYY) IMMIDDIYYYY)
LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED 300,000
X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $
A CLAIMS-MADE X OCCUR X 5091320537 3/24/2015 3/24/2016 MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
PO-
POLICY JEr r LOC , $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
ANY AUTO BODILY INJURY(Per person) $
B ALL OWNED SCHEDULED 5091320554 3/24/2015 3/24/2016
AUTOS AUTOS BODILY INJURY(Per accident) $
NON-OWNED PROPERTY DAMAGE $
X HIRED AUTOS X AUTOS (Per accident)
$
X UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ 20,000,000
C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 20,000,000
DED X RETENTION$ 10,000 5091320554 3/24/2015 3/24/2016 $
A WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS'LIABILITY TORY I IMITS FR
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N E.L.EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? 5096068894 1/1/2015 1/1/2016
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000
D Professional Liability LWB2100290/MGN74962101201 12/22/2014 12/22/2015 Aggregate&occurence $30,000,000
SISIPRX26502414 Deductible $100,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Collier County Board of County
Commissioners
Procurement Services Division AUTHORIZED REPRESENTATIVE
3327 Tamiami Trail East
Naples, FL 34112-4901 Mark Schwartz/ANGELA i ;� `" ,, „t t c
,/✓
ACORD 25(2010/05) ®1988-2010 ACORD CORPORATION. All rights reserved.
INS025/9m nnFl 01 The tat APf name and Irvin are renicfererl markc of A(:(1Rrl
COMMENTS/REMARKS
Collier County Board of County Commissioners is named as additional insured. 30 Days
Notice of Cancellation.
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.