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Documents 01/29/2002 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY 29, 2002 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 29, 2002(Continuation of January 22, 2002 Regular Meeting) 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Pledge of Allegiance o Approval of a contract for professional lobbyist services with Arnold and Blair, L.C. Continued to January 29th- prior to Strategic Planning Meeting - 4/1 (Commissioner Carter opposed) AT MEETING OF JANUARY 29, 2002, CONTRACT APPROVED IN AMOUNT OF $50,000 - 5/0 SERVICE PROVIDER AGREEMENT This SERVICE PROVIDER AGREEMENT is made and entered into this ~ c:/ day of ~l~t.~ ,20 ~__~, between the Board of County Commissioners of COLLIER COUNTY. a political subdivision of the STATE OF FLORIDA hereinafter referred to as the "COUNTY" and Florida Lobby Associates, Inc., whose address is 117 S. Gadsden, Suite 2, Tallahassee, FL 32301, hereinafter referred to as the "PROVIDER". WITNESSETH WHEREAS, the COUNTY desires to obtain the Lobbyist services of said PROVIDER as further described herein; 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, 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 foregoing, and the terms and provisions as contained herein, the parties agree that a Contract shall exist between them consisting of the following: ARTICLE 1.0 -SCOPE OF SERVICES PROVIDER hereby agrees to provide and perform the Services required and necessary to complete the services and work as set forth in EXHIBIT "A", dated January 29, 2002, entitled "SCOPE OF SERVICES", which is attached hereto and made apart of this Agreement. ARTICLE 2.0 -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-contractors, 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 1.0 above. 2.5 CHANGE ORDER shall mean a written document executed by both parties to this Agreement setting forth such changes to the Scope of Services as may be requested and authorized in writing by the COUNTY. ARTICLE 3.0 -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 accordance with the laws, statutes, ordinances, codes, roles, regulations and requirements of governmental agencies which regulate or have jurisdiction over the services to be provided and/or performed by the PROVIDER. 2 3.4 CORRECTION OF ERRORS, OMISSIONS OR OTHER DEFICIENCIES (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 other 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 fxom the negligent act, errors or omissions or intentional misconduct of PROVIDER. (2) County's Approval Shall Not Relieve Provider of Responsibility. Neither review, approval, nor acceptance by COUNTY of data, studies, reports, memoranda, and incidental professional services, work and materials furnished hereunder by the PROVIDER, 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 LIABILITY -PROVIDER TO HOLD COUNTY HARMLESS. The PROVIDER shall be liable and agrees to be liable for, and shall indemnify, defend and hold the COUNTY harmless for any and all claims, suits, judgments or damages, losses and expenses including court costs, expert witness and professional consultation services, and attorneys' fees arising out of the PROVIDER'S errors, omissions, and/or negligence. The PROVIDER shall not be liable to, nor be required to indemnify the COUNTY for any portions of damages arising out of any error, omission, and/or negligence of the COUNTY, its employees, agents, or representatives. 3.6 NOT TO DIVULGE CERTAIN INFORMATION. PROVIDER agrees, during the term of this Agreement, not to divulge, furnish or make available to any third person, fa-m, 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-contractor(s) to corrq01y with the provisions of this paragraph. 3.7 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. 3.8 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 3 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 obligation to compensate the PROVIDER for any ADDITIONAL SERVICES, unless the parties shall execute a written CHANGE ORDER. Each such 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 4.0 -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. 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 (1) Monthly Statement. The PROVIDER shall be entitled to submit not 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). (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 Assistant County Manager or their 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 "Florida Prompt Payment Act. 4 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, cancelled, 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 admimstrative 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. ARTICLE 5.0 -TIME AND SCHEDULE OF PERFORMANCE 5.1 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. 5.2 TIME OF PERFORMANCE. The PROVIDER agrees to complete the services required pursuant to this Agreement within the time period(s) for completion of the various phases and/or tasks of the project services set forth and described in this Agreement, as set forth in EXHIBIT "C", entitled "SCHEDULE OF PERFORMANCE", which EXHIBIT "C" is attached hereto and made a part of this Agreement. 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- contractor(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. Upon receipt of the PROVIDER'S request for an extension of time, the COUNTY shall grant the extension if the 5 COUNTY determines the delay(s) encountered by the PROVIDER, or its sub-consultant(s) and/or sub-contractor(s), is due to unforeseen causes and not attributable to their fault or neglect. 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 phases and/or tasks required to provide, perform and complete all of the services and work required for completion of the various phases and/or tasks of the project services set forth and described in this Agreement, as set forth in EXHIBIT "C", 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. 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 6.0 -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 farm other than a bona fide employee working solely for the PROVIDER any fee, commission, percentage, gift, or any other consideration contingem upon or resulting from the award or making of this Agreement. ARTICLE 7.0 -ASSIGNMENT TRANSFER AND SUB-CONTRACTS The PROVIDER shall not assign or transfer any of its fights, 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 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-contractors to PROVIDER in connection with the PROVIDER performing services and work pursuant to the requirements of this Agreement. 6 ARTICLE 8.0 -APPLICABLE LA W The laws, roles and regulations of the State of Florida, or the laws, roles and regulations of the United States, shah govern this Agreement when providing services funded by the United States government. ARTICLE 9.0 -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 fi:om 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 10.0-INSURANCE 10.1 INSURANCE COVERAGE TO BE OBTAINED (1) The PROVIDER shall obtain and maintain such insurance or self-insurance as will protect him from: (A) Claims under Workers' Compensation laws, Disability Benefit laws, or other similar employee benefit laws; (B) Claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (C) Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (D) From claims for injury to or destruction of tangible property including loss or use resulting there fi:om, any or all of which claims may arise out of, or result fi:om, the services, work and operations cai'fled out pursuant to and under the requirements of this Agreement, whether such services, work and operations be by the PROVIDER, its employees, or by any sub-consultant(s), sub-contractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. (2) The insurance protection set forth hereinabove shall be obtained for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. (3) The PROVIDER shall require, and shall be responsible for insuring, throughout the time that this 7 Agreement is in effect, that any and all of its sub-contractors obtains and maintains until the completion of that sub- contractor's work, such of the insurance covemge's described herein and as are required by law to be provided on behalf of their employees and others. (4) The PROVIDER shall obtain, have and maintain during the entire period of this Agreement all such insurance or a self-insurance program as set forth and required herein. 10.2 PROVIDER REQUIRED TO FILE INSURANCE CERTIFICATE(S) (1) The PROVIDER, within fourteen (14) calendar days from receipt of the COUNTY'S written Notice of Award, shall submit to the COUNTY all such insurance certificates or self-insurance program documentation as are required under this Agreement. Failure of the PROVIDER to submit such certificates and documents within the required time shall be considered cause for the COUNTY to fred the PROVIDER in default and terminate the contract. Before the PROVIDER shall commence any service or work pursuant to the requirements of this Agreement, the PROVIDER shall obtain and maintain insurance coverage's of the types and to the limits specified hereinafter, and the PROVIDER shall file with the COUNTY certificates of all such insurance coverage's. (2) All such insurance certificates shall be in a form and underwritten by an insurance company(s) acceptable to the COUNTY and licensed in the State of Florida. (3) Each Certificate of Insurance or self-insurance program documentation shall be submitted to the COUNTY in triplicate. (4) Each Certificate of Insurance shall include the following: (A) The name and type of policy and coverage's provided, (B) The amount or limit applicable to each coverage provided; (C) The date of expiration of coverage. (D) The designation of the Collier County Board of County Commissioners both as an additional insured and as a certificate holder (This requirement is excepted for Professional Liability Insurance and for Workers' Compensation Insurance); and (E) Cancellation - Should any of the described policies be cancelled before the, expiration date thereof, the issuing company will endeavor to mail thirty (30) days written notice to the Certificate Holder named. 8 (5) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the work or termination of this Agreement, the PROVIDER shall furnish to the COUNTY renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the PROVIDER to provide the COUNTY with such renewal certificate(s) shall be justification for the COUNTY to terminate this Agreement. ARTICLE 11.0 -INSURANCE COVERAGES REOUIRED The PROVIDER shall obtain and maintain the following insurance coverage's: (1) WORKERS' COMPENSATION. Coverage to comply for all employees for Statutory Limits in compliance with the applicable State and Federal laws. In addition, the policy shall include the following: (A) Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $100,000 for each accident, whichever limit is greater. (B) Notice of Cancellation and/or Restriction -The policy must be endorsed to provide the COUNTY with thirty (30) days prior written notice of cancellation and/or restriction. (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 $200,000 per occurrence and $300,000 aggregate for Bodily Injury Liability and a minimum limit of $300,000 for Property Damage Liability, or a minimum combined single limit of $1,000,000. (B) Contractual coverage applicable to this specific Agreement including any hold harmless and/or such indemnification agreement. (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 limits ors 100,000 per person and $300,000 per accident for Bodily Injury Liability and a minimum limit of $100,000 for Property Damage Liability, or a minimum combined single limit ofl;300,O00. 9 (B) Coverage shall include owned vehicles, hired and non-owned vehicles, and employee non- ownership. (4) PROFESSIONAL LIABILITY. Coverage shall include the following: (A) A minimum combined single limit of $1.000.000. (B) Should the Professional Liability Insurance Policy issued pursuant to the above requirements and limits, or self-insurance program, provide an applicable deductible amount, or other exclusion or limitation, or sovereign immunity as to the amount of coverage to be provided within the minimum coverage limits set forth above, the COUNTY shall hold the PROVIDER responsible and liable for any such difference in the amount of coverage provided by the insurance policy. In the event of any such deductible amount, exclusion or limitation, or amount of sovereign immunity, the PROVIDER shall be required to provide written documentation that is acceptable to the COUNTY establishing that the PROVIDER has the financial resources readily available to cover damages, injuries and/or losses which are not covered by the policy's deductible amounts, exclusions and/or limitations as stated above. ARTICLE 12.0 -DUTIES AND OBLIGATIONS IMPOSED ON THE PROVIDER The duties and obligations imposed upon the PROVIDER by this Agreement and the fights and remedies available hereunder shall be in addition to, and not a limitation of, any otherwise imposed or available by law or statute. ARTICLE 13.0 -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 shah be the property of the PROVIDER until the PROVIDER has been paid for performing the services and work required to produce such 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 14.0 -MAINTENANCE OF RECORDS The PROVIDER will keep and maintain adequate records and supporting documentation applicable to all of the 10 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 oRen as the COLrNTY 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 nomlal business hours of the PROVIDER and at the expense of the COUNTY. ARTICLE 15.0-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. ARTICLE 16.0 -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 17.0 -NOTICES AND ADDRESS 17.1 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 to the following COUNTY address of record: Collier County Manager's Office 3301 Tamiami Trail East Naples, FL 34112 Attention: Mr. Leo Ochs 17.2 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 to the following PROVIDER'S address of record: Florida Lobby Associates, Inc. 117 South Gadsden Street. Suite 2 Tallahassee. FL 32301 Attention: Mr. Curt Blair 11 17.3 CHANGE OF ADDRESS. Either party may change its address by written notice to the other party given in accordance with the requirements of this Article. ARTICLE 18.0 -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 debtoz~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 19.0-MODIFICATIONS Modifications to the terms and provisions of this Agreement shall only be valid when issued in writing as a properly executed CHANGE ORDER(S). In the event of any conflicts between the requirements, provisions, and/or terms of this Agreement and any written CHANGE ORDER(S), the CHANGE ORDER(S) shall take precedence. ARTICLE 20.0 -ACCEPTANCE Acceptance of this Agreement shall be indicated by the signature of the duly authorized representative of the parties in the space provided. ', IN WI~.~~F, the parties have executed this Agreement effective the day and year first written above. A ,~lTg'~,.~q 2S5¢:~: "%'~ ,% BOARD OF COUNTY COMMISSIONERS D~.:fi[OO~i'iC~ 1~ ,~..~urts FOR COLLIER COUNTY, FLORIDA, A 5 ~~?~'*~~.:'~'~,~s ~!~/~ ~ t'~ POLITICAL SUBDIVISION OF THE STATE OF FLOmDA signature eel$. DATE: 12 t~'~t W~mess ?Type/print witness name]' Second Witness o~ .33 ?Type/print witness name? Provider Name: Florida Lobby Associates, Inc. Typed Title and Name Managing Partner, Lester Abberger of Florida Lobby Associates APPROVED AS TO FORM AND Assistant County DATE: 13 SCOPE OF SERVICES For County Lobbyist EXHIBIT A BASIC SERVICES Section 1. GENERAL SCOPE STATEMENT The Provider shall provide and perform the following professional services which shall constitute the GENERAL SCOPE of the SERVICES under the covenants, terms, and provisions of this SERVICE PROVIDER AGREEMENT: Provide for representation of Collier County government to the State and/or other governmental or private entities to ensure that the County's interests are best represented. Section 2. TASKS Pursuant to the GENERAL SCOPE of the SERVICES stated hereinabove, the PROVIDER shall perform all services and/or work necessary to complete the following task(s) and/or provide the following item(s) which are enumerated to correspond to the task(s) and/or items set forth in EXHIBIT 'B' entitled "COMPENSATION AND METHOD OF PAYMENT". 1. Develop a process that will result in the establishment of annual legislative priorities for the Collier County Commission and Staff. 2. Assist the Commission and staff in determining the need for specific appropriations or the filing of legislation on behalf of the County. 3. Attend (minimum of two per year) such county Commission meetings and workshops as are necessary for the purpose of establishing said priorities and to brief the Board and Staff on the development of issues. 4. Develop strategies a/med at the implementation of legislative priorities, including the selection and coordination of additional lobbyists for specialized tasks. 5. Hold regular meetings with staff for the purpose of collecting information and to update Collier County on the progress of legislative issues. 6. Develop and implement a process whereby consultants can ass/st staff and grant writers in the procurement of grants for the County. 7. Attend Collier County Delegation meetings and assist in the preparation and presentation of issues before the Delegation. 8. Develop a reporting system through staff that will keep Commissioners and staff informed of progress on legislative issues including the use of a secure interactive Web site, faxes and e-mails. 9. Appear on behalf of the County at agreed upon meetings of the Florida Legislature, the Florida Cabinet and administrative agencies to advocate for approved pohcy directives. 10. Coordinate with State advocacy groups, in Tallahassee, including the Florida Association of Counties, in the furtherance of approved pohcy. 11. Establish a bill tracking system for bills affecting counties in general, and Collier County in specific, with attention given to the established priority list. 12. Provide staff advanced notice of bills scheduled to be heard which relate to the County legislative priorities. 13. Appropriations and Specific Legislative Initiatives: Florida Lobby Associates, Inc. can also represent the County on either the procurement of funding through direct line item appropriation or the filing and passage of specific legislation in those instances when the County does not choose to use alternative representation. 14 EXHIBIT B COMPENSATION AND METHOD OF PAYMENT For: County Lobbyist Section 1. BASIC- SERVICES/TASK(S) The COUNTY shall compensate the PROVIDER for providing and performing the Task(s) set forth and enumerated in EXHIBIT "A", entitled "SCOPE OF SERVICES", as follows: NOTE: A Lump Sum (L. S.) or Not-m-Exceed (N.T.E.) amount of compensation to be paid the PROVIDER should be established and set forth below for each task or sub-task described and authorized in Exhibit "A". TASK AMOUNT OF LS Or NUMBER TASK TITLE COMPENSATION NTE Lobbyist Services as outlined in Section 2 of Basic Services $5,000 per month LS Section 2 ADDITIONAL SERVICES The COUNTY shall compensate the PROVIDER for such ADDITIONAL SERVICES as are requested and authorized in writing for such amounts or on such a basis as may be mutually agreed to in writing by both parties to this Agreement. The basis and/or amount of compensation to be paid to the PROVIDER for ADDITIONAL SERVICES requested and authorized in writing by the COUNTY shall be as set forth in Article 3.8 of this Agreement. The Lobbyist shall be responsible for all expenses incurred for the publishing and distribution of reports, for travel, telephone, and other office expenses and personal incidentals. 15 EXHIBIT "C" This EXHIBIT "C" establishes times of completion for the various phases and tasks required to provide and perform the services and work set forth in EXHIBIT 'A' of this Agreement. The times and schedule of performance set forth hereinafter is established pursuant to Article 5.00 of this Agreement. Basic Services as listed l>er Exhibit "A" for Lobbyist Services shall commence beginning and ending on //.~//~¢ with the option of renewal for two (2) additional One (1) year renewals. 16 EXHIBIT D Date: PROJECT GUIDELINES AND CRITERIA For County Lobbyist The COUNTY has established the following Guidelines, Criteria, Goals, Objectives, Constraints, Schedule, Budget and/or Requirements, which shall serve as a guide to the PROVIDER in performing the professional services and work to be provided pursuant to this Agreement: Item No. 1 Lobbying Services as outlined in Section No. 2 of Basic Services. Item No. 2 The County will not be restricted to utilizing, on an exclusive basis, the services of Florida Lobby Associates, Inc. The County may, at times, need additional specialized lobbying services, which will be solicited on an independent basis. 17 02/0~/02 FRI 17:17 FAX 4076609209 BR0t~ & BROWN ACORD. CERTIFICATE OF LIABILITY INSURANC ~]001 DATE (MMtDD~Y) 02/01/02 PRODUCER Brown & Bro~ Ino. 2600 Lake Lucien Dr., Ste. 330 Maitland FL 32751-723a Phone=407-660-8282 Fax:a07-660-2012 INSURED lrida Lobby Assooia~e~ 10 S. Monroe Street, S=e 105 Tallahassee FL 32301 THIS C~FtlIFICATB IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS HO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POMCIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: LLoyd~ of London INSURER B: 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 INDI'GATED.'-- NOTWITHBT^NDING ANY REQUIREMENT, TERM OR CONDITIOH OF ANY CONTRACT OR OTHER DOCUMENTWrTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA1N. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ ~UBJECT TO ALL THE TERM~ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLNMS. iNSR ...... p~)~-W~CTiVH POi. ICy F~XJqRATION ....... LTR TYPE OF INSURANCE POU~"~ NUMBER DATE [MM/DD/~ DATE ~MM/DD/YYJ , ~A~ UA*~U1Y r"~CH O'CCURRENCE COMMERCIAL GENERAL LIABILITY FIRE D/~AGE {Any one fa, e) $ AUTOMOBILE UAIBII.rI'T' COMBINED SINGLE LIMIT ANy AI~I'O {Em ==dd~'lt) $ ALL OWNED AUTOS ,.-- BODILY INJURY SCHEDULED AUTOS (Pe~ pareon) HIRED AUTOS aODILy INJURY NON-OWNED NJTOS (Per accident) $ PROPERTY DAMAGE GARAGE LIABItlTY AUTO ONLY . EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCE.5~ UABIU'rY EACH OCCURRENCE' DEDUCTIBLE RETENTION $ W~X;RS COMP~NSA~ON ANO ITORYWC *~..L MrrsU' E.L EACH ACCtDENT E.L DISEASE- EA EMPI,,OYEE EL, D'SEASE - POLICY LIMIT $ OTHER A P=o£ess~onal 0103-00042540A 01/18/02 01/18/03 Liab. 1,000,00O Liabilit~ Ded. 5 t 000 DESCm~O~ OF OPE~aTIONS~OCA~ONSN~H~C~XCLUSIO~S ~ R¥ ~°°~su~r~c~t P~OvI$1ONS Fax: (941) 732-0844 CERTIFICATE HOLDER I N I ADDI11ONAL INSURED; I~SUI~.R LEITER: CANCELLATION ACORD 25-5 (7/97) COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POUCHES BE OANOELLED BEFORE THE EXPIRATIOI'Z DATE THEREOF, THE I~$UING INSURER WILL ENODA¥OR TO &tAiL ~ DAYS WRITTEN NO11CE TO THE CERllFICATE HOLDER NA]VlED TO THE LBF~ BLI~ FAILURE TO DO S43 SHALL IMPOSE. NO OBLIGAtiON OR MABIETY OP ANY KIND UPON THE INSURE.R, I'r~ AGEH'rs OR REPRESENTATIVES. AU~OR~'O ImPRE. S~'~TAT~m Richard Z. ~iondi / ©ACORD CORPORATION J'AN.-2'2' 02(TUE) 12:45 BAKER-HARRIS INS. TEL:904 ;~85 ;S218 P, 001 .... I'D' ~TE IIAM~DA~ coJ;D. CERTIFICATE OF LIABILITY iNSURANC " _ plmDuc~n ~1~i1~ C~F~A~ I~ ~SUEDA~ A ~ r~ OF INfO.ON Ba.ke=-:Ho.~:=/.s Tns. Agmn=y, .1.$34-C~ Mm'~opo'tit:~n BIYd. Ta.].'tahumee FL 32306 850-396-3.420 Fax: 8.~0-395-32'f 9 ONLY AND CONFEI~ NO RIGHTS UPON THE CERTIFICATE HOLDER.'[HI5 CERTIFICATE DOBS NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURER~ AFFORDING COVERAGE OLd Dont$n~on Znsu.ca3z== Con~an~r II~tJRER c; INEURER D; COVERAGE8 m mi ~ ~ Op iNSU~.~ MUCY NUM~ DATE o~m~Y .......... ~ ~u~E s 5000oo A x ~.M~Q~L~ B~39855 09/20/0~ 09/20/02 Pl~OU(A~oMflml SS0000 6~L AOGR~TE S 1000000 O~OR~A~A~U~P~ ~DU~6-~P~PAG~ 6 100000 AUTOMDffi~ ~BI~ ~MBI~ ~N8~E A AWAU~ B~398SE 09/20/01 09/20/02 f~old~ S 600000 X H~ A~OH ~DILY I~Y ~A~B ~n~ A~ J A~A~O ~O~UR ~ ~S~D, AOOR~AT, ,,, GI=A'llPICATH AODmONiL INSURiD; INSU.qNR LITTER; CANCELLATION 34112 COZ~:OU BkiOULD ANY OF THE AIIOME DESCRIBED POLICIES BE CANCELLB) BEFORE THE IEXP~RATION DAT~ THEREOF, THE IO~llNO IN~URBR WILL ENDEAVOA 10 MAIL 0 ~.0 DAYS WRiTtEN NOTICE TO THE C~TIIqOATE HOLDBN WED TO THE BUT FAILURE TU DO ~ ~.IALL IMPOSE ND OBLmATION OR UMIIUTY OF STATE OF FLORIDA DEPARTMENT OF LABOR AND' EMPLOYMENT SECURITY DIVISION OF WORKERS' COMPENSATION 03-13-2002 CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW NON- CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation Law. EFFECTIVE PERSON SSN FEIN BUSINESS 03/13/2002 PAUZAR 290-58-2834 593733981 FLORIDA LOBBY ASSOCIATES PO BOX 1653 TALLAHASSEE FL EXPIRATION DATE N/A FREDERICK W INC 32302 NOTE: Pursuant to Chapter 440. 1 O( 1), (g), 2, F_. S. , a soleproprietor ,, partner, officer of a corporation who elects exemption from the Florida Workers Compensation Law may not recover benefits or compensation under Chapter 440. or an PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY DIVISION OF WORKERS' COMPENSATION NON ~ CONSTRUCTION INDUSTRY CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW EFFECTIVE: EXPIRATIOI~ PERSOI%. SSN: FEBE BUSBIESS: 03113/2002 NIA PAUZAR 290-58-2834 FREDERICK 593733981 FLORIDA LOBBY ASSOCIATES INC PO BOX 1653 TALLAHASSEE FL 32302 F 0 L D H E R E NOTE: Pursuant to chapter 440.10(I),{¢,2, F.S., a sole proprietor, partner, or officer 'of:. an corporation who elects exemption from the Florida Woerks' Compensation Law may not recover benefits or compensation under Chapter 440. CUT HERE * Carry bottom portion on the job, keep upper portion for your records.