Agenda 10/08/2013 Item #16F1 10/8/2013 16.F.1.
EXECUTIVE SUMMARY
Recommendation to approve the selection of an award for contract RFP #13-6129,
"Professional State Lobbyist Services," to Fowler White Boggs PA in the amount of
$80,000 annually.
OBJECTIVE: To retain a state lobbying firm to provide lobbying services on behalf of
the Board of County Commissioners (BCC) and Collier County citizens to the State of
Florida Legislature, executive officials and state agencies in Tallahassee to assure
advocacy and representation of priorities of the BCC and constituents.
CONSIDERATION: In order to maintain the greatest success for Collier County to
maximize opportunities and ensure that the needs of county citizens are communicated to
officials in the State Capitol, it is imperative that the BCC has an experienced,
professional lobbyist to address issues of interest and concern to the Collier County
community as well as seek available funding. In an atmosphere of constant change and
dynamic activity, Tallahassee is where Collier County needs a constant presence —
particularly during the 60-day legislative session — to guarantee county priorities are
voiced and heard by county representatives.
The purpose of the state lobbyist is to monitor and advise county legislative staff who
informs the appropriate county staff and county administration, who subsequently
informs the BCC. Often responses to legislative actions are needed immediately, which is
why a specific point of contact is warranted.
Accordingly, the Purchasing Department issued RFP 13-6129, "Professional Lobbyist
Services," on July 25, 2013. Email notices were sent to six hundred (600) addresses;
twenty-three (23) addresses downloaded the solicitation document; and, four (4) firms
submitted proposals.
A Selection Committee scored and ranked the proposals, and determined that Fowler
White Boggs, PA, demonstrated the best credentials and resources to perform the
intended scope of work.
Staff is recommending a contract be awarded to Fowler White Boggs, PA, in the amount
of$80,000 per year (all inclusive) with three one-year renewal options. The rankings
were as follows:
Fowler White Boggs, PA 1
GrayRobinson, PA 2
Akerman Senterfitt, LLP 3
Southern Strategy Group 4
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FISCAL IMPACT: The total cost of the new annual contract with Fowler White Boggs,
PA., is $80,000. Funding will be approved for state lobbying services by the Board of in
the Fiscal Year 2014 budget. Funds for the state lobbyist contract are available in the
County Manager Board-Related Costs budget, General Fund (001).
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and
requires majority vote for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners approves the award
of RFP #13-6129, Professional State Lobbyist Services, with Fowler White Boggs, in the
amount of$80,000 annually, and authorizes the Chairman to sign the attached contract
after final review by the County Attorney.
Prepared by Michael Sheffield, Manager, Communication and Customer Relations
Attachment: Agreement No. 13-6129
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to approve the selection of an award for contract RFP
#13-6129, "Professional State Lobbyist Services,"to Fowler White Boggs PA in the amount of
$80,000 annually.
Meeting Date: 9/24/2013
Prepared By
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing&General Services
9/12/2013 4:30:34 PM
Submitted by
Title: Manager-Business Operations, CMO
Name: SheffieldMichael
9/12/2013 4:30:36 PM
Approved By
Name: OchsLeo
Title: County Manager
Date: 9/13/2013 10:35:38 AM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing&General Services
Date: 9/13/2013 10:59:35 AM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 9/13/2013 11:15:31 AM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 9/13/2013 1:53:26 PM
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Name: CummingsRhonda
Title: Contracts Specialist,Purchasing&General Services
Date: 9/13/2013 4:07:56 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 9/16/2013 4:25:55 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/16/2013 5:17:40 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/17/2013 8:41:45 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/17/2013 9:30:33 AM
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SERVICE PROVIDER AGREEMENT
Contract 13-6129 Professional State Lobbyist Services
This SERVICE PROVIDER AGREEMENT is made and entered into this day of
2013, between the Board of County Commissioners of COLLIER COUNTY, a political subdivision of the
STATE OF FLORIDA hereinafter referred to as the "COUNTY" and Fowler White Boggs P.A., whose address
is: 101 North Monroe Street, Suite 1090,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 RFP 13-6129 and 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 as set forth in RFP 13-6129 and
EXHIBIT"A,"entitled"SCOPE OF SERVICES,"which is attached hereto and made a part of this Agreement.
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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
or AMENDMENT shall mean a written document executed by both parties to this
Agreement setting forth such changes to the Scope of Services or Terms and Conditions as may be requested and
authorized in writing by the COUNTY in accordance with Purchasing Policy and Administrative Procedures in
effect at the time of the change.
ARTICLE 3.0 -OBLIGATIONS OF THE PROVIDER
The obligations of the PROVIDER with respect to all the Basic Services and Additional Services
it
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.
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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, rules, regulations and requirements of governmental
agencies which regulate or have jurisdiction over the services to be provided and/or performed by the
PROVIDER.
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 from 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, 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,
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and PROVIDER shall require all of its employees and sub-contractor(s) to comply 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 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.
Total yearly compensation shall not exceed eighty thousand dollars ($80,000) per year for the scope of work
outlined in RFP 13-6129, paid in twelve(12) monthly payments of$6,666.66 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.
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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 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) any 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.
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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 Purchase Order and a WRITTEN NOTICE TO PROCEED. Following the issuance of such
Purchase Order and 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 Basic Services as listed per Exhibit
"A." Provision of said services shall commence beginning October 1, 2013 and ending on September 30, 2014,
with the option of three(3)additional one-year(1)renewals.
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 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 tasks required to provide, perform and complete all of the services and
work required for completion of the various 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.
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
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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 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 7.0-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 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.
ARTICLE 8.0-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 9.0-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
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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 10.0 -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 from, any or all of which claims may arise out of, or result from, the services, work and
operations carried 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 ensuring, throughout the time that this
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 coverage'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.
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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 find 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.
(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
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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:
(1) WORKERS' COMPENSATION. Coverage to comply for all employees for Statutory Limits in
compliance with the applicable State and Federal laws unless a proper State of Florida Certificate of Exemption is
provided. 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 $500,000 per occurrence and $1,000,000 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 of$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
Iimit of$1,000,000.
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(B) Coverage shall include owned vehicles, hired and non-owned vehicles, and employee non-
ownership.
ARTICLE 12.0-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 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 shall 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
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 nomlal business hours of the PROVIDER and at the expense of the COUNTY.
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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 II
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 or faxed to the following COUNTY address of record:
Collier County Manager's Office
3299 Tamiami Trail East, Suite 202
Naples,FL 34112
Attention: Mr. Leo Ochs
Fax: 239-252-4010
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 or faxed to the following PROVIDER'S address of record:
Fowler White Boggs P.A.
2235 First Street
Fort Myers,FL 33901
Attn: J.Keith Arnold
Tel: 239-985-4837
Email: keith.arnold @fowlerwhite.com
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17.3 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.
ARTICLE 18.0-TERMINATION
This Agreement may y 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 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 or AMENDMENT. In the event of any conflicts between the requirements,
provisions, and/ or terms of this Agreement and any written CHANGE ORDER or AMENDMENT, the
CHANGE ORDER or AMENDMENT 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.
ARTICLE 21.0-CONFLICT OF INTEREST
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
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could be construed by the COUNTY as a conflict of interest. PROVIDER must also include the following
information:
1. Provide full disclosure of information on any work performed for private interests within the past
(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.
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.
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.
By signing this AGREEMENT, a principal of the firm certifies that the firm will comply fully with the provisions
of this section.
ARTICLE 22.0—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.
ARTICLE 23.0-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: RFP 13-6129, Provider's Proposal,Insurance Certificate(s),Exhibits A and B.
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IN WITNESS WHEREOF,the parties have executed this Agreement effective the day and year first written
above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock,Clerk of Courts FOR COLLIER COUNTY
BY:
, Deputy Clerk Georgia A. Hiller,Esq.,Chairwoman
FOWLER WHITE BOGGS P.A.
By:
First Witness Signature
,Type/print witness name, Typed Name and Title
Second Witness
,Type/print witness name,
APPROVED AS TO FORM AND
LEGALITY:
Assistant County Attorney 9
Printed Name
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EXHIBIT A
BASIC SERVICES —,
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 ensure that the County's interests are
best represented in state lobbying services.
1.0 PROVIDER shall perform the following services, including but not limited to:
• Consult with Board prior to legislative session to determine priorities and agenda,
• Recommend lobbying efforts in upcoming legislative session to achieve agenda goals,
• Monitor and advise Board of legislation scheduled for upcoming legislative session which would
affect the County in either a positive or negative manner, and provide lobbying recommendations
on strategy, course of action,approach;
♦ Provide weekly updates during session on issues of importance to Collier County,
♦ Secure sponsorship of bills and/or amendments needed to further the Collier County Agenda,
♦ Work with legislative staff and members to advocate passage of said bills and/or amendments,
♦ Work with Governor's office during bill review process to advocate final passage of positive
legislation or veto of negative legislation,
• Monitor agency rule-making process and advise County on action needed to implement
legislation in a manner most favorable to the County; and
• Pursue funding opportunities that address the County's needs.
2.0 The County will not be restricted to utilizing,on an exclusive basis,the services of Fowler White
Boggs P.A. The County may, at times,need additional specialized lobbying services,which will be
solicited on an independent basis.
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EXHIBIT B
COMPENSATION AND METHOD OF PAYMENT
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:
COMPENSATION Not to Exceed
$6,666.66 per month $80,000 per year
inclusive of expenses
Compensation shall be inclusive of all costs.Payment shall be full compensation for all services, labor,
tools, equipment,travel and any other items required for project completion and/or completion of
services.
Compensation of eighty thousand dollars($80,000)per year shall remain in effect for a period of one
(1)year from the date of award by the Board of County Commissioners. Subsequently, upon the written
request of the PROVIDER at the time of renewal,compensation may be adjusted based on the
Consumer Price Index- South Region,Category"Other Goods and Services"for the immediate twelve-
month(12)period preceding the renewal date of the Agreement. In no case shall any annual increase
exceed the amount of five thousand dollars($5,000).
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.
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